HomeMy WebLinkAbout20170301.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND 2ND AMENDED USE BY
SPECIAL REVIEW PERMIT, 2MJUSR16-03-1360, FOR MINERAL RESOURCE
DEVELOPMENT FACILITIES, INCLUDING A CONCRETE BATCH PLANT AND A
REQUEST TO REMOVE DEVELOPMENT STANDARD NO. 22 (USR-1360 WILL BE
CONSIDERED INVALID FIFTEEN (15) YEARS FROM THE DATE OF THE BOARD OF
COUNTY COMMISSIONERS RESOLUTION. SHOULD THE OWNERS OF THE BATCH
PLANT WISH TO CONTINUE OPERATING, THEY MUST BE APPROVED FOR A
PLANNED UNIT DEVELOPMENT) IN THE A (AGRICULTURAL) ZONE DISTRICT -
MARTIN MARIETTA MATERIALS, INC.
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 1st day of
February, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Martin Marietta Materials, Inc., 1800 N. Taft Hill Road, Fort Collins, CO
80521, for a Site Specific Development Plan and 2nd Amended Use by Special Review Permit,
2MJUSR16-03-1360, for Mineral Resource Development Facilities, including a Concrete Batch
Plant and a request to remove Development Standard No. 22 (USR-1360 will be considered
invalid fifteen (15) years from the date of the Board of County Commissioners resolution. Should
the owners of the Batch Plant wish to continue operating, they must be approved for a Planned
Unit Development) in the A (Agricultural) Zone District, on the following described real estate,
being more particularly described as follows:
Lot A of Recorded Exemption, RE -4659; being part
of the N1/2 NE1/4 of Section 9, Township 2 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, 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.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
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1) Article V, Section 22-5-80.B (CM.Goal 2) states: "Promote the
reasonable and orderly development of mineral resources." The
existing facility and Use is in an area that can support this
development and the existing transportation improvements. The
Conditions of Approval and Development Standards will assist in
mitigating the impacts of the facility on the adjacent properties and
ensure compatibility with surrounding land uses and the region,
including the requirement to install earth berms and tree varieties
that will more adequately screen the adjacent properties and road
right-of-way per Board of County Commissioner Resolution dated
September 9, 2002.
B. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.A.4 of the Weld County
Code provides for Mineral Resource Development Facilities, including
concrete batch plants as a Use by Special Review in the A (Agriculture)
Zone Districts.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. Lands to the south and east have
been annexed into the Town of Frederick with the land to the east being
undeveloped. Lands to the south have improvements including a single
family residence. Lands to the north, previously mined for a mineral
resource and reclaimed as several water storage ponds, have been
annexed into the Town of Firestone and are part of the St. Vrain State Park.
Adjacent land to the west was also previously mined for a mineral resource
and reclaimed as several water storage ponds and remains in the County
with lands adjacent to the ponds having been annexed into the City of
Longmont. All adjacent lands are within the floodplain of St. Vrain Creek
as defined by the FIRM Community Panel Map, #08123C -1890E, effective
January 20, 2016. Staff has not received any correspondence or telephone
calls regarding this land use application.
D. Section 23-2-230.6.4 -- 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 site is located within the three (3) mile referral area of
the Towns of Frederick, Firestone and Mead, the City of Longmont and
Boulder County, and within the Intergovernmental Agreement Area for the
City of Longmont. The City of Longmont returned a referral dated
November 22, 2016, indicating no conflict with their interests. The Town of
Frederick returned a referral response dated December 13, 2016,
indicating, ". . . the property is well within the Town of Frederick
comprehensive planning area and is adjacent to the properties that are
within the Town's jurisdiction. Town staff reviewed the request and finds
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that the Use does not comply with the Town's commercial designation for
the property. Such commercial uses typically include restaurants, retail
shops, offices, grocery stores and the like. The Town of Frederick is not
opposed to the applicant continuing the current operations at this location
but has concerns with the cost for road maintenance and repair of the
roadway and not being party to a road improvement agreement.
Historically, there have been issues with mud, dirt and dust tracking out
onto the roadway and migrating into the Town's drainage infrastructure
causing sedimentation and reducing overall capacity." Section 26-1-50.A
of the Weld County Code addresses the intent of PUD Districts in the 1-25
RUA as follows: "The PUD provisions shall be applied to all proposals for
commercial, industrial and residential developments within the RUAs, with
the exception of those developments specifically called out and excluded
in this Code. Section 26-1-50.8.1 states the following uses are exempt from
utilizing the PUD process within the 1-25 RUA and will require a Use by
Special Review (USR) application, including sand and gravel mining
operations."
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The Martin Marietta Materials
property and all adjacent lands are within the floodplain of St. Vrain Creek
as defined by the FIRM Community Panel Map, #08123C -1890E, effective
January 20, 2016. Building Permits issued on the lot will be required to
adhere to the fee structure of the County -Wide Road Impact Fee, 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 Martin Marietta Materials concrete batch plant facility is located
on approximately 7.25 acres designated as "Irrigated Land (Not Prime), perthe 1979 Soil Conservation Service Important Farmlands of Weld County
Map. None of the subject parcel is identified as "Prime" agricultural land.
All of the property is located within the 100 Year Floodplain; thus, it limits
the agricultural productiveness of the site.
G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can 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 Martin Marietta Materials, Inc., for a Site Specific
Development Plan and 2nd Amended Use by Special Review Permit, 2MJUSR16-03-1360, for
Mineral Resource Development Facilities, including a Concrete Batch Plant and a request to
remove Development Standard No. 22 (USR-1360 will be considered invalid fifteen (15) years
from the date of the Board of County Commissioners resolution. Should the owners of the Batch
Plant wish to continue operating, they must be approved for a Planned Unit Development) 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 Colorado Department of Transportation (CDOT) has jurisdiction over
all accesses to state highways. Provide written evidence that there are no
additional roadway improvements required for this facility.
B. County Road 7 has been annexed by the Town of Frederick. The applicant
shall contact the Town of Frederick to verify the access and right-of-way
requirements or for any additional requirement that may be needed to
obtain or upgrade the Access. Evidence of such shall be submitted, in
writing, to the Weld County Department of Planning Services.
C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled 2MJUSR16-03-1360.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate on the map the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) The map shall delineate the landscaping and/or screening.
6) The map shall delineate the lighting.
7) 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.
8) The map shall delineate the parking area for the vendors,
customers and/or employees.
9) Show the agreed upon Town of Frederick access(es) on the site
plan.
10) Show and label all recorded easements on the map by book and
page number or reception number and date on the site plan.
11) Show and label the floodplain and floodway (if applicable)
boundaries on the map. Label the floodplain boundaries with the
FEMA Flood Zone and FEMA Map Panel Number.
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12) Show and label the drainage flow arrows.
13) Show and label the parking and traffic circulation flow arrows
showing how the traffic moves around the property.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) paper copy or one (1) electronic copy (.pdf) of the plat for preliminary approval
to the Weld County Department of Planning Services. Upon approval of the plat
the applicant shall submit a Mylar plat along with all other documentation required
as Conditions of Approval. The Mylar plat shall be recorded in the office of the
Weld County Clerk and Recorder by the Department of Planning Services. The
plat shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. The Mylar plat and additional requirements shall be
submitted within one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution. The applicant shall be responsible for paying
the recording fee.
3. 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 added for each additional three (3) month
period.
4. The Department of Planning Services respectfully requests a digital copy of this
"Use by Special Review", as appropriate. Acceptable format is a projected ESRI
shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983
UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS
0501 (US Feet), etc.). This digital file may be sent to maps@co.weld.co.us.
(Department of Planning Services)
5. The applicant shall enter into a Road Maintenance Agreement with the Town of
Frederick and provide a copy to the Department of Planning Services.
6. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder or the
applicant has been approved for an early release agreement.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of February, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddtAgiv ....do:el
Weld County Clerk to the Board
BY Oe.
uty Clerk to the Board
ounty Attorney
Date of signature:O9/ (Call
Julie A. Cozad, Chair
ike Freeman
itaAlt
arbara Kirkmey
Steve Moreno, Pro -Tern
C-
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MARTIN MARIETTA MATERIALS, INC.
2MJUSR16-03-1360
1. The Site Specific Development Plan and 2nd Amended Use by Special Review Permit,
2MJUSR16-03-1360, is for Mineral Resource Development Facilities, including a
Concrete Batch Plant and a request to remove Development Standard No. 22 (USR-1360
will be considered invalid fifteen (15) years from the date of the Board of County
Commissioners resolution. Should the owners of the Batch Plant wish to continue
operating, they must be approved for a Planned Unit Development) in the A (Agricultural)
Zone District; 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. The number of on -site employees shall be 25.
4. The parking area on the site shall be maintained.
5. 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.
6. The landscaping/screening on the site shall be maintained.
7. 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.
8. Lighting provided for security and emergency night operation on the site shall be designed
so that the lighting will not adversely affect surrounding property owners.
9. The applicant shall obtain a Department of Army, 404 Clean Water Act Permit, if any work
associated with this project requires the placement of dredged or fill material, and any
excavation associated with a dredged or fill project, either temporary or permanent, in
waters of the United States, which may include streams, open water lakes, ponds or
wetlands takes place at this location.
10. The hours of operation shall be from 5:00 a.m. to 7:00 p.m., except in the case of public
or private emergency, or to make necessary repairs to equipment. This restriction shall
not apply to operation of administrative and executive offices or repair facilities located on
the property. Variance from the hours of operation may be granted by the Weld County
Board of County Commissioners.
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11. The facility shall operate in accordance with the approved Dust Control Plan. The facility
shall have sufficient equipment available to implement appropriate dust control. Additional
control measures shall be implemented as required by the Weld County Health Officer.
12. 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.
13. 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.
14. 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 applicant shall operate in accordance with Chapter 14, Article I, of the
Weld County Code.
15. 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.
16. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 25-12-103, C.R.S.
17. The facility shall utilize the existing municipal sewage treatment system, St. Vrain
Sanitation District.
18. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from
the facility area in a manner that will prevent nuisance conditions.
19. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
The facility shall utilize the existing public water supply, Left Hand Water District.
20. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
21. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Reclamation, Mining and Safety.
22. Adequate handwashing and toilet facilities shall be provided for employees.
23. The operation shall comply with the Occupational Safety and Health Act (OSHA).
24. Any vehicle washing area(s) shall capture all effluent and prevent discharges from drum
washing and the washing of vehicles in accordance with the Weld County Code, the Rules
and Regulations of the Water Quality Control Commission, and the Environmental
Protection Agency.
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25. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
26. 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.
27. The access to the site shall be maintained to mitigate any impacts to the public road
including damages and/or off -site tracking.
28. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
29. The historical flow patterns and runoff amounts on the site will be maintained.
30. Weld County is not responsible for the maintenance of on -site drainage related features.
31. 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 -1890E, dated
January 20, 2016 (St. Vrain Creek 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.
32. 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.
33. 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.
34. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23, of the Weld County Code.
35. 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.
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36. 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.
37. 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.
38. 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. Often times,
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.
39. 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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