HomeMy WebLinkAbout982433.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1200 FOR A CEMENT TRANSFER FACILITY - DACOTAH CEMENT
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, a public hearing was held on the 23rd day of November, 1998, at 10:00 a.m.
for the purpose of hearing the application of Dacotah Cement, P.O. Box 360, Rapid City, South
Dakota 57701, requesting a Site Specific Development Plan and Special Review Permit#1200
for a Cement Transfer Facility for a parcel of land located on the following described real estate,
to-wit:
Part of the NIA of Section 25, Township 2 North,
Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing of November 23, 1998, the Board deemed it advisable to
continue said matter to December 14, 1998, at 10:00 a.m., and
WHEREAS, at said hearing of December 14, 1998, the applicant was present and
represented by Tom Merrigan, and
WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for
review of said Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendations of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved for the following
reasons:
1. The submitted materials are in compliance with the application requirements of
Section 24.7 of the Weld County Zoning Ordinance.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as
follows:
a. Section 24.4.2.1 -- This proposal is consistent with the Weld County
Comprehensive Plan. A.Goal 1 reads, "Preserve Prime farmland for
agricultural purposes which foster the economic health and continuance
of agriculture". The unutilized portion of the USR property will remain in
agricultural uses. A.Goal 2 states, "Allow Commercial and Industrial uses
which are directly related to or dependent upon agriculture to locate within
Agricultural zoning when the impact to surrounding properties is minimal,
and where adequate services and infrastructure are available." Concrete,
and its constituent cement, are necessary to the farming industry. Water,
sewer, and transportation services are available to the site. A.Goal 3
�n /e 982433
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SPECIAL REVIEW PERMIT#1200 - DACOTAH CEMENT
PAGE 2
states, "Discourage residential, commercial, and industrial development
which is not located adjacent to existing incorporated municipalities. " The
subject property is adjacent to the Town of Keenesburg, and is within its
Urban Growth Boundary.
b. Section 24.4.2.2 -- This proposal is consistent with the intent of the
A (Agricultural) Zone District. Section 31.4.1 of the Weld County Zoning
Ordinance provides for mineral resource development facilities as a Use
by Special Review in the A (Agricultural) Zone District.
c. Section 24.4.2.3 -- The proposal will be compatible with existing
surrounding land uses which include agricultural and industrial activities.
d. Section 24.4.2.4 -- The proposed uses will be compatible with future
development of the surrounding area as permitted by the A (Agricultural)
Zone District and with the future development as projected by the
Comprehensive Plan or Master Plan of affected municipalities. Currently,
surrounding properties include agricultural open space and industrial
uses. The Town of Keenesburg has recently annexed 25 acres
approximately % mile to the south of the proposed transfer facility which
will eventually be developed as a school.
e. Section 24.4.2.5 -- The proposal is not located within the Overlay District
Areas identified by maps officially adopted by Weld County.
f. Section 24.4.2.6 -- The applicant has demonstrated a diligent effort to
conserve productive agricultural land. The subject property is designated
as "Prime" farmland by the USDA. The portion of the property not used in
the Cement Transfer Facility will remain in farming production.
g. Section 24.4.2.7 --The Design Standards (Section 24.5 of the Weld
County Zoning Ordinance), Operation Standards (Section 24.6 of the
Weld County Zoning Ordinance), Conditions of Approval, and
Development Standards ensure that there are adequate provisions for the
protection of the health, safety, and welfare of the inhabitants of the
neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Dacotah Cement for a Site Specific Development Plan
and Special Review Permit#1200 for a Cement Transfer Facility on the hereinabove described
parcel of land be, and hereby is, granted subject to the following conditions:
1. The attached Development Standards for the Special Review Permit shall be
adopted and placed on the Special Review Plat prior to recording the plat. The
completed plat shall be delivered to the Department of Planning Services and be
ready for recording in the Weld County Clerk and Recorder's Office within 15
days of approval by the Board of County Commissioners.
982433
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SPECIAL REVIEW PERMIT#1200 - DACOTAH CEMENT
PAGE 3
2. Prior to recording the plat:
A. The applicant shall enter into a Road Maintenance Improvements
Agreement with the Weld County Public Works Department for upgrading
and paving, and maintenance of 1000 feet of Weld County Road 59, due
to anticipated heavy hauling. The applicant shall refer to Section 10 of the
Weld County Subdivision Ordinance, which addresses Geometric Design
Standards for roads. A cross-section of the proposed improvements shall
be placed on the plat. A designated haul route will be established within
the Improvements Agreement.
B. The applicant shall submit a Parking Plan to the Department of Planning
Services for review. Upon approval, the parking area shall be delineated
on the plat.
C. The applicant shall submit a Landscaping Plan to the Department of
Planning Services for review. Upon approval, the landscaped areas shall
be delineated on the plat. Such landscaping plan could include berming
adjacent to the north property line to mitigate noise to existing residences.
D. The applicant shall submit a Dust Abatement Plan to the Weld County
Health Department for review and approval.
E. The plat shall be amended to delineate the two smaller domes and office
building.
3. Prior to any Use by Special Review activity taking place an Improvements
Agreement shall address the proportional contribution to maintenance and
improvements to the haul route from the intersection of Weld County Roads 59
and 398 to the 1-76 interchange on Weld County and Keenesburg roads.
Annexation of the haul route will satisfy the proportional contribution requirement.
4. The Special Review Activity shall not occur, nor shall any building or electrical
permits be issued on the property until the Special Review Plat is ready to be
recorded in the office of the Weld County Clerk and Recorder.
982433
PL1272
SPECIAL REVIEW PERMIT#1200 - DACOTAH CEMENT
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of December, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
1 ail,
W COUNTY, COLORADO ATTEST: , i .,AV g f w T
d t ' Constance L. Har ert, hair
Weld County Clerk to t _t 43, fri , 1 ��
ce ;� W. s er, ro-Tem
�L� V
Deputy Clerk to the WilrJ. �r�v EXCUSED
sapoorge E. Baxter
APP ED A TO FORM:
Dal K. Hall
u Attorney �_ c,
arbara J. Kirkmeyer
982433
PL1272
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DACOTAH CEMENT
USR#1200
1. The Site Specific Development Plan and Special Use Permit#1200 is for a Cement
Transfer Facility in the A (Agricultural) Zone District, as indicated in the application
materials on file in the Department of Planning Services and subject to the Development
Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the
Weld County Zoning Ordinance.
3. All liquid and solid wastes shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
4. No permanent disposal of wastes shall be permitted at this site.
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
6. Fugitive dust shall be controlled on this site.
7. An Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application must be
submitted to the Air Pollution Control Division, Colorado Department of Public Health and
Environment. A copy of the application shall be submitted to the Weld County Health
Department.
8. The applicant shall remove, handle and stockpile overburden soil, sand, and gravel from
the facility area in a manner that will prevent nuisance conditions.
9. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A),
as measured according to Section 25-12-102, C.R.S.
10. An individual septic disposal system is required for the proposed facility and shall be
installed according to the Weld County Individual Sewage Disposal Regulations. The
septic system is required to be designed by a Colorado Registered Professional
Engineer according to the Weld County Individual Sewage Disposal Regulations.
11. Adequate toilet facilities shall be provided for employees and visitors of the site.
12. The applicant shall apply for a well permit through the Colorado Department of Public
Health and Environment, Water Resource Division. If this well serves 25 or more people,
the water system shall comply with the requirements for a community water system as
defined in the Primary Drinking Water Regulations (5 CCR-1003-1).
13. If necessary, the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
982433
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DEVELOPMENT STANDARDS - DACOTAH CEMENT (USR#1200)
PAGE 2
14. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
15. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
16. The hours of loading and unloading shall be limited to the time between 6:00 a.m. and
10:00 p.m.
17. Personnel from the Weld County Health Department and Weld County Department of
Planning Services shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Development
Standards stated hereon and all applicable Weld County regulations.
18. The Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes
from the plans or Development Standards as shown or stated shall require the approval
of an amendment of the Permit by the Weld County Board of Commissioners before
such changes from the plans or Development Standards are permitted. Any other
changes shall be filed in the office of the Department of Planning Services.
19. The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards. Noncompliance with any of the foregoing
Development Standards may be reason for revocation of the Permit by the Board of
County Commissioners.
982433
PL1272
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