HomeMy WebLinkAbout20180001.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR17-0054, FOR MINERAL RESOURCE DEVELOPMENT INCLUDING
OPEN PIT MINING (SAND, GRAVEL AND STONE) AND MATERIALS PROCESSING
IN THE A (AGRICULTURAL) ZONE DISTRICT - JESSICA LEE, C/O BESTWAY
CONCRETE
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, the Board of County Commissioners held a public hearing on the 3rd day of
January, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Jessica Lee, 1690 Gascony Rd., Encinitas, CA 92024, do Bestway Concrete,
301 Centennial Dr., Milliken, CO 80543, for a Site Specific Development Plan and Use by Special
Review Permit, USR17-0054, for Mineral Resource Development including Open Pit Mining
(sand, gravel and stone) and materials processing in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
Lots A and B of Recorded Exemption, RE -1802 and
part of the NW1/4 of Section 19, Township 6 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present and represented by Andrew
Rodriguez, 323 5th Street, Frederick, CO 80530, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by 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 recommendation 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 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinances in effect.
1) Section 22-2-20.A (A.Goal 1) states: "Respect and encourage the
continuation of agricultural land uses and agricultural operations
for purposes which enhance the economic health and sustainability
of agriculture." Following temporary mining disturbances from the
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proposed Lee mine, the reclaimed land use will be three (3) graded
and seeded parcels.
2) Section 22-2-20.C (A.Goal 3) states: "County land use regulations
recognize and respect the rights afforded by the State Constitution
and associated statutes of individually decreed water rights. Water
rights are considered real property and should be protected as any
other private property right."The proposed mining operation will not
use or retain surface water. Mine dewatering will occur and this
water will be co -mingled with stormwater and discharged into the
Cache La Poudre River as permitted under the Colorado
Department of Public Health and Environment Discharge Permit no.
COG501546. Therefore, the temporary operation will not
negatively affect the surrounding hydrologic balance or established
water rights.
3) Section 22-4-30.B (WA.Goal 2) states: "Strive to maintain and
protect water supply storage facilities, conveyances and
infrastructure adequate to sustain continued water use." And,
Section 22-4-30.B.1 (WA. Policy 2.1) states: "Land use regulations
should protect the historic and future operational viability of water
storage, conveyance and delivery infrastructure when applications
for proposed land use changes are considered." Following
temporary mining disturbances from the proposed Bestway Mine,
the reclaimed land use will be later developed to the highest
possible end use, and will likely comprise a mixed use, which may
include other agricultural uses as well as light residential,
commercial or industrial uses.
4) Section 22-5-80.B (CM.Goal 2) states: "Promote the reasonable
and orderly development of mineral resources." According to the
Weld County Sand, Gravel Resources map dated July 1, 1975, the
property is classified as F-1 (Floodplain — coarse aggregates:
relatively clean and sound). The application materials indicated that
this property has 2-4 feet of overburden and that extraction activities
will remove aggregate to an average mean depth of 17 feet from
the natural grade of the surface.
5) Section 22-5-80.C (CM.Goal 3) states: "Minimize the impacts of
surface and subsurface mining activities on the surrounding land,
land uses, roads and highways." The applicant will utilize an
internal access road and a conveyor to transport the mineral
resource to the existing batch plant located within the Town Limits
of Windsor located south of State Highway 392 and east of County
Road 13.
6) Section 22-5-80.D (CM.Policy 4.1) states, in part: "Require all
mining operations conform to federal, state and local environmental
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standards." The extraction of the resource will commence on lands
adjacent to State Highway 392 and move in a southerly direction
across the site. As stated in the application, there will be no
materials processing of materials on this property. The applicant
proposes to utilize trucked in water for dust suppression and
abatement and will cease operations during high wind events. The
applicant also has a State of Colorado Division of Reclamation,
Mining and Safety, Permit No. M2000-144, conditionally approved
amendment on March 20, 2017.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.A.3 of the Weld County
Code provides for a Site Specific Development Plan and a Use by Special
Review Permit for a Mineral Resource Development including Open Pit
Mining and Materials Processing (sand, gravel and stone) in the
A (Agricultural) Zone District.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The area is comprised of reclaimed
gravel mines. Located to the west is the former Connell Resources Mine
reclaimed as a water storage basin; and to the northwest is the former
Martin Marietta Mine reclaimed as a water storage basin. To the north is
State Highway 392, Main Street for Windsor, and across this highway is
the former Flatiron Construction Mine reclaimed as a water storage basin
and lands currently improved for a single-family residence. To the south is
the Cache La Poudre River, river corridor and associated floodway and
floodplain. Residential development is located to the southwest in Larimer
County and is positioned out of the floodplain and overlooks the mine site
and lower lands to the east. To the northeast is the Windsor Gardener and
High Hops Brewery and directly adjacent to the east are water storage
basins associated with the Bestway North La Poudre Mine. Directly
adjacent to the south are the concrete and asphalt batch plants and
associated improvements for the Bestway mining and processing activities.
Mining activity has occurred in this location since 1983. The proposed Lee
Mine utilizes unmined lands north of the current mining and batching
operations, with the mineral resource transported via an internal road and
conveyor to the processing area. Plant access remains the same as in
1983, with all vehicles exiting the site through a Town of Windsor point of
ingress and egress for the facility.
D. Section 23-2-230.B.4 -- The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The Town of Windsor and Larimer County are within the
three (3) mile referral area of the project site. The Town of Windsor returned
a referral response dated October 17, 2017, and stated the property is
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located within the Coordinated Planning Area between Weld County and
the Town of Windsor and within the Town's Growth Management Area per
the Town's Comprehensive Plan and depicts this area as "Park/Open
Space". The Town requests that the historic drainage be maintained
through the area, including during mining and reclamation. The Town also
states the entire site is located within the floodway and minimum State
standards for floodways need to be met. The Town is requesting an interim
landscape treatment be implemented adjacent to State Highway 392
during mining activities and long-term post reclamation per the adopted
Coordinated Planning Agreement Design Standards. Larimer County did
not return a referral. The proposed permit area currently consists of pasture
grasses and, in general, the surrounding property is primarily irrigated and
non -irrigated agricultural lands. There are three (3) reclaimed mineral
resource developments within one (1) mile of this proposed facility.
Planning staff believes that, with the endorsement of the Conditions of
Approval contained in this recommendation, the approval of this use will
not jeopardize the health, safety or welfare of the surrounding property
owners.
E. Section 23-2-230.B.5 -- The application complies with Section 23-5-230 of
the Weld County Code. The proposed mine is located within a FEMA
regulatory floodway and floodplain. A Flood Hazard Development Permit
is required for any development in the floodplain. Building Permits issued
will be required to adhere to the fee structure of the County -wide Road
Impact Fee, the County Facility Fee, and Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The property to be mined contains "Irrigated Land — Not Prime"
agricultural lands that do not have irrigation water, therefore, no irrigated
agricultural land will be taken out of production with this proposal. The land
is presently vacant without improvements and is planted in pasture
grasses.
G. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the Weld
County Code), 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.
H. Section 23-4-250 -- Additional requirements for Open -mining have been
addressed through this application and the Development Standards will
insure compliance with Section 23-4-250 Weld County Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Jessica Lee, c/o Bestway Concrete, for a Site Specific
Development Plan and Use by Special Review Permit, USR17-0054, for Mineral Resource
Development including Open Pit Mining (sand, gravel and stone) and materials processing in the
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A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
1. Prior to recording the map:
A. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR17-0054.
2) The attached Development Standards.
3) The USR map shall be prepared in accordance with
Section 23-2-260.D of the Weld County Code.
4) The Colorado Department of Transportation (CDOT) has
jurisdiction over all accesses to State Highways. The applicant shall
contact the Colorado Department of Transportation to determine
the current and future right-of-way and delineate this right-of-way
on the site plan. All setbacks shall be measured from the edge of
the right-of-way.
5) County Road 13 is classified as an Arterial Street with an ultimate
right-of-way width of sixty-five (65) feet east of the section line. The
existing right-of-way varies from thirty-five (35) feet to forty-five (45)
feet. The applicant shall delineate on the site plan the existing
right-of-way and future right-of-way for County Road 13. All
setbacks shall be measured from the edge of right-of-way. This
road is maintained by the Town of Windsor.
6) Show and label the approved Town of Windsor access(es) on the
site pan and label with the approved Access Permit Number, if
applicable.
7) Should exterior lighting be a part of this facility, all light standards
shall be delineated on the USR Map.
8) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code.
9) Show the floodplain and floodway (if applicable) boundaries on the
map. Label the floodplain boundaries with the FEMA Flood Zone
and FEMA Map Panel Number or appropriate study.
10) The applicant shall show the drainage flow arrows.
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B. All signs shall be shown on the map and shall adhere to Chapter 23, Article
IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County
Code.
C. The applicant/operator shall address the requirements of the Town of
Windsor and submit a Landscape Plan addressing the interim landscape
treatment during mining activities, specific to Chapter 19, Article VI, Section
19-6-90, Common Development Standards per the Coordinated Planning
Agreement of 2015, bearing in mind that the entire property is within the
Floodway boundary of the Cache La Poudre River.
D. The applicant/operator shall address the requirements of the Town of
Windsor for all traffic from the batch plant and mine onto Town of Windsor
roads.
2. Prior to Mining:
A. If more than one (1) acre is to be disturbed for construction of non -gravel
pit items such as structures, parking lots, laydown yards, et cetera, a Weld
County Grading Permit will be required.
B. The applicant shall develop an Emergency Action and Safety Plan with the
Office of Emergency Management and the Fire District. The plan shall be
reviewed on an annual basis by the Facility operator, the Fire District and
the Weld County Office of Emergency Management. Submit evidence of
acceptance to the Department of Planning Services.
C. The applicant shall submit written evidence that the Financial and
Performance warranty has been submitted and accepted by the Division of
Reclamation, Mining, and Safety.
3. The Use by Special Review activity shall not occur, nor shall any building permits
be issued on the property, until the Use by Special Review map is ready to be
recorded in the office of the Weld County Clerk and Recorder.
4. The attached Development Standards for the Use by Special Review Permit shall
be adopted and placed on the Use by Special Review Map prior to recording. The
completed map shall be delivered to the Weld County Department of Planning
Services and be ready for recording in the Weld County Clerk and Recorder's
Office within one hundred twenty (120) days of approval by the Board of County
Commissioners.
5. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required one hundred twenty (120)
days from the date of the Board of County Commissioners Resolution, a $50.00
recording continuance charge shall be added for each additional three (3) month
period.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of January, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELCH COUNTY, COLORADO
ATTEST: d.,atift44) jC,lso•e1
Weld County Clerk to the Board
BY:
Deputy Clerk t the Boar.
AP�-OV AS TO
ounty Attorney
Date of signature: Ol- (7-1 R
Steve Moreno, Chair
Julie A. Cozad
Mike Freeman
ro-Tem
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JESSICA LEE, C/O BESTWAY CONCRETE
USR17-0054
1. The Site Specific Development Plan and Use by Special Review Permit, USR17-0054, is
for Mineral Resource Development including Open Pit Mining (sand, gravel and stone)
and Materials Processing in the A (Agricultural) Zone District, as indicated in the
application materials on file and subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S.) 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. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
5. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The facility shall operate in accordance with Chapter 14, Article I, of the Weld
County Code.
6. Fugitive dust should attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's Air Quality Regulations.
7. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone District, as delineated in Section 25-12-103, C.R.S.
8. The operation shall remove, handle, and stockpile overburden, soil, sand and gravel from
the facility area in a manner that prevents nuisance conditions.
9. Portable toilets and bottled water are acceptable to provide drinking and sanitary services
to the site. Records of maintenance and proper disposal for portable toilets shall be
retained on a quarterly basis and available for review by the Weld County Department of
Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in
Weld County and shall contain hand sanitizers.
10. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Reclamation, Mining and Safety.
11. The operation shall comply with the Mine Safety and Health Act (MSHA).
12. The facility shall notify the County of any revocation and/or suspension of any State issued
permit.
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13. The applicant shall notify the County upon receipt of any compliance advisory or other
notice of noncompliance of a State issued permit, and of the outcome or disposition of any
such compliance advisory or other notice of non-compliance.
14. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
15. The historical flow patterns and runoff amounts on the site will be maintained.
16. Weld County is not responsible for the maintenance of on -site drainage related features.
17. A Flood Hazard Development Permit is required for all construction or development
occurring in the floodplain or floodway as delineated on Federal Emergency Management
Agency (FEMA) FIRM Community Panel Map #08123C -1480E, effective date January 20,
2016 (Cache la Poudre Floodplain). Any development shall comply with all applicable
Weld County requirements, Colorado Water Conservation Board requirements as
described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA
regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA
definition of development is any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining, dredging, filling, grading,
paving, excavation, drilling operations, or storage of equipment and materials.
18. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of
any development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified.
19. Lighting on the site shall be designed so that the lighting will not adversely affect
surrounding property owners.
20. Sources of light shall be shielded so that beams or rays of light will not shine directly onto
adjacent properties. Sources of light should not cause a nuisance or interfere with the use
on the adjacent properties in accordance with the map. Neither the direct, nor reflected,
light from any light source may create a traffic hazard to operators of motor vehicles on
public or private streets. No colored lights may be used which may be confused with, or
construed as, traffic control devices.
21. Section 23-4-290.B of the Weld County Code limits the hours of operation for sand and
gravel operations to the hours of daylight, except in the case of public or private
emergency or to make necessary repairs to equipment. Hours of operation may be
extended with specific permission from the Weld County Board of County Commissioners.
This restriction shall not apply to operation of administrative and executive offices or repair
and maintenance facilities located on the property.
22. Existing vegetation and ground cover along public road frontage and drainage ways shall
be preserved, maintained, and supplemented, if necessary, for the depth of the setback
in order to protect against and/or reduce noise, dust, and erosion.
23. Revisions as approved by the Colorado Division of Reclamation, Mining and Safety, may,
as determined by Weld County staff, require an amendment to this USR Permit.
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24. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
25. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2012 International Codes,
2006 International Energy Code, and 2014 National Electrical Code. A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing the
wet stamp of a Colorado registered architect or engineer must be submitted for review. A
Geotechnical Engineering Report, performed by a Colorado registered engineer, shall be
required or an Open Hole Inspection.
26. Building Permits issued on the parcel(s) will be required to adhere to the fee structure of
the County -wide Road Impact Fee, County Facility Fee and Drainage Impact Fee
Program.
27. The number of employees associated with the daily operations of mining and processing
operations is limited to six (6) persons per shift.
28. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
29. The property owner or operator shall provide written evidence of an approved Emergency
Action and Safety Plan on or before March 15th of any given year signed by
representatives for the Fire District and the Weld County Office of Emergency
Management to the Department of Planning Services.
30. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
31. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
32. The property owner or operator shall be responsible for complying with the Open -mining
Standards of Section 23-4-250 of the Weld County Code.
33. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment 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 Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
34. The Use by 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 County
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.
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35. In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special
Review has not commenced from the date of approval or is discontinued for a period of
three (3) consecutive years, it shall be presumed inactive. The County shall initiate an
administrative hearing to consider whether to grant an extension of time to commence the
use or revoke the Use by Special Review. If the Use by Special Review is revoked, it shall
be necessary to follow the procedures and requirements of Chapter 23, Division 4, of the
Weld County Code in order to reestablish any Use by Special Review.
36. 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.
37. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some
of the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and persons moving into these areas
must recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
38. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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