HomeMy WebLinkAbout20163637.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR16-0032, FOR MINING OR RECOVERY OF OTHER MINERAL
DEPOSITS AND MATERIALS PROCESSING (GRAVEL MINING) IN THE
A (AGRICULTURAL) ZONE DISTRICT - JOHN AND SHARON PETERS, C/O WELD
COUNTY PUBLIC WORKS
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 14th day of
December, 2016, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of John and Sharon Peters, P.O. Box 37, Hereford, CO 80732, c/o Weld
County Public Works, 1111 H Street, Greeley CO 80631, for a Site Specific Development Plan
and Use by Special Review Permit, USR16-0032, for Mining or recovery of other mineral deposits
and materials processing (gravel mining) in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
SW1/4 of Section 26, Township 12 North, Range 63
West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present and represented by Evan Pinkham,
Weld County Department of Public Works, 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 ordinances in effect.
1) Section 22-5-70 (CM.Goal 2) states: "Promote the reasonable and
orderly exploration and development of mineral resources." The
application indicates that sand and gravel deposits are stream
channel deposits associated with Porter Creek (an ephemeral
stream that eventually joins Crow Creek.) Estimated thickness of
gravel to be mined is 0 to 20 feet.
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2) Section 22-5-70.3 (CM.Policy 2.3) states: "Ensure that
development of mineral resources addresses the impacts of such
development." Noise, lighting and other potential impacts are
addressed through the attached Conditions of Approval and
Development Standards.
3) Section 22-5-70.C (CM.Goal 3) states: "Minimize the impacts of
surface and subsurface mining activities on the surrounding land,
land uses, roads and highways." Tracking control is required prior
to accessing onto County Road 136.5 to mitigate impacts on
adjacent County maintained public roads.
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.6 of the Weld County
Code provides for a Site Specific Development Plan and a Use by Special
Review Permit for a Mineral Resource Development Facility including a
gravel mining operation 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 proposed mining operation is
located in a rural area. The nearest single family residence (under the
ownership of the same property owner where the mining operation is to
occur) is located approximately 0.5 mile west of the mining location.
Another residence is located approximately 0.65 mile to the southeast of
the mining location. The surface area to be mined is undeveloped land;
however, two new oil and gas wells are proposed (under permit
numbers 05-123-42249 and 05-123-42252). No phone calls or
correspondence has been received from surrounding property owners in
regards to this case.
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 proposed mining site is not located within a three (3)
mile referral area nor cooperative planning agreement area of a
municipality.
E. Section 23-2-230.B.5 -- The application complies with Section 23-5-230 of
the Weld County Code. The application is not located within a 100 -year
floodplain or other overlay district. Building Permits issued on the lot will be
required to adhere to the fee structure of the Countywide 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
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use. The proposed mining facility is located on approximately 80 acres
delineated predominately as "Other" with a smaller portion of the site in the
southwest corner delineated as "High Potential Dry Cropland — Prime if
Irrigated," per the 1979 Soil Conservation Service Important Farmlands of
Weld County Map.
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.
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 John and Sharon Peters, do Weld County Public Works,
for a Site Specific Development Plan and Use by Special Review Permit, USR16-0032, for Mining
or recovery of other mineral deposits and materials processing (gravel mining) in the
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 applicant shall provide written evidence that the approved Mining
Permit has been issued by the Colorado Division of Reclamation Mining
and Safety for (File No. M-2015-045). Evidence of such shall be provided
to the Department of Planning Services.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR16-0032.
2) Show and label the parking and traffic circulation flow arrows (haul
roads) showing how the traffic moves around the property.
3) The applicant shall show the drainage flow arrows.
4) County Road 136.5 is a gravel road and is designated on the Weld
County Road Classification Plan as a local road which requires 60
feet of right-of-way at full buildout. The applicant shall delineate on
the site plan the existing right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by
Weld County.
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5) Show and label the approved access point(s) (AP16-00321), and
the appropriate turning radii on the site plan.
6) Show and label the approved tracking control on the site plan.
7) Show and label the entrance gate set back a minimum of 100 feet
from edge of shoulder.
8) Setback radiuses for existing oil and gas tank batteries and
wellheads shall be indicated on the plat per the setback
requirements of 23-3-50.E of the Weld County Code.
9) Show and label all recorded easements on the map by book and
page number or reception number and date on the site plan.
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. Prior to construction:
A. If more than one (1) acre is to be disturbed for construction of roads,
driveways, buildings, parking areas, accesses, drainage facilities,
landscaping or other construction not directly in the mined area, a Weld
County Grading Permit will be required.
B. The approved access and tracking control shall be constructed prior to
on -site construction.
4. 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 plat is ready to be
recorded in the office of the Weld County Clerk and Recorder.
5. The attached Development Standards for the Use by Special Review Permit shall
be adopted and placed on the Use by Special Review plat prior to recording. The
completed plat 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 120 days of approval by the Board of County Commissioners.
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6. 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.
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., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditAiev �,'
Weld County Clerk to the Board
BY: % G
De uty Clerk to the Board
APPRAS TO
torney
Date of signature: O1/O5( t
Mike Freeman
Juli9 A. Cozad
Sean P. Co way, Pro-Tem
rbara Kirkmeyer
Steve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JOHN AND SHARON PETERS, C/O WELD COUNTY PUBLIC WORKS
USR16-0032
1. The Site Specific Development Plan and Use by Special Review Permit, USR16-0032, is
for Mining or recovery of other mineral deposits and materials processing (gravel mining)
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 applicant 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. This 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. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
the public, at all times. Portable toilets and bottled water are acceptable. 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.
9. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Reclamation Mining and Safety.
10. The operation shall comply with the Mine Safety and Health Act (MSHA).
11. The application shall comply with the Occupational Safety and Health Act (OSHA).
12. Where topsoil is removed, sufficient arable soil shall be set aside for re -spreading over the
reclaimed areas.
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13. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
14. Section 23-4-290.B of the Weld County Code limits the hours of operation for sand and
gravel operations to the hours of day light, 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.
15. 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.
16. 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.
17. The access on the site shall be maintained to mitigate any impacts to the public road
including damages and/or offsite tracking.
18. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
19. The historical flow patterns and runoff amounts on the site will be maintained.
20. Buildings, equipment and structures shall conform to the requirements of the various
codes adopted at the time of permit application. Currently, the following have been
adopted by Weld County: 2012 International Building Code, 2012 International Mechanical
Code, 2012 International Plumbing Code, 2006 International Energy Code, 2012
International Fuel Gas Code, 2014 National Electrical Code, 2009 ANSI 117.1
Accessibility Code and Chapter 29 of the Weld County Code.
21. Building Permits issued will be required to adhere to the fee structure of the Countywide
Road Impact Program Fee, County Facility Fee and Drainage Impact Fee programs.
22. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
23. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
24. The property owner or operator shall be responsible for complying with the Open -mining
Standards of Sections 23-4-290 and 23-4-300, Weld County Code.
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25. 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 person 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.
26. 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.
27. 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.
28. 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.
29. 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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