HomeMy WebLinkAbout20150557.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0077, FOR A MINERAL RESOURCE DEVELOPMENT, INCLUDING
OPEN PIT MINING (SANDS, GRAVELS AND STONES) AND MATERIALS
PROCESSING INCLUDING STOCKPILING, CRUSHING AND SCREENING,
RECYCLING OPERATIONS, AND IMPORTING OF RAW AND RECYCLED
MATERIALS, AS WELL AS TWO MOBILE TRAILERS IN THE A (AGRICULTURAL)
ZONE DISTRICT - COLBY AND SANDRA VAN CLEAVE, C/O VCA AGGREGATES,
LLC
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 4th day of
March, 2015, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Colby and Sandra Van Cleave, 50985 CR 135, New Raymer, CO
80742, do VCA Aggregates, LLC, 4558 W. Pioneer Lane, Greeley, CO 80633, for a Site
Specific Development Plan and Use by Special Review Permit, USR14-0077, for a Mineral
Resource Development, including open pit mining (sands, gravels and stones) and materials
processing including stockpiling, crushing and screening, recycling operations, and importing of
raw and recycled materials, as well as two mobile trailers in the A (Agricultural) Zone District, on
the following described real estate, being more particularly described as follows:
All of Section 8, Township 9 North, Range 57 West
of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant requested to continue the matter to
March 11, 2015, due to a scheduling conflict, and
WHEREAS, on March 11, 2015, the applicant was present and represented by Mike
Ausmus, 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 23-2-230.6 of the Weld County Code as follows:
A. Section 23-2-23.6.1. -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
et: CRPLTP3,NL, APPL. 342,32015-0557
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SPECIAL REVIEW PERMIT (USR14-0077) - COLBY AND SANDRA VAN CLEAVE, C/O VCA
AGGREGATES, LLC
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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."The mining will occur in ten, 10-acre
phases starting in the northwest and moving towards the
southeast. Following the mining disturbances, the pit will be
reclaimed to rangeland.
2) 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 not classified. The application materials state that
there will be two (2) mobile trailers on the site and a portable
processing facility for product crushing and screening. There will
be about eight (8) employees on-site from dawn to dusk; during
periods of shortened light, there will be artificial lights capable of
illuminating the entire operation if needed. The topsoil will be
stockpiled and seeded to prevent erosion. The estimated
thickness of gravel—bearing zone varies from 0-15 feet thick. No
high wall mining is expected.
3) Section 22-5-80.D.1 (CM.Policy 4.1) states: "Require all mining
operations conform to federal, state and local environmental
standards." The applicant has applied for a permit from the State
of Colorado Division of Reclamation, Mining and Safety (DRMS).
The remote nature of the area makes the proposed mining
operation and reclamation plan compatible with surrounding land
uses.
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.3 allows for a Site
Specific Development Plan and Use by Special Permit for a Mineral
Resource Development, including open pit mining (sands, gravels and
stones) and materials processing including stockpiling, crushing and
screening, recycling operations, and importing of raw and recycled
materials, as well as two mobile trailers 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 adjacent
properties are mainly utilized for pastures. The closest residence is about
one mile south of the south property line and is owned by the applicant.
USR-487 is for a coal slurry pipeline that crosses the property from the
northwest to the southeast. The remote nature of the area makes the
proposed mining operation and reclamation plan compatible with
surrounding land uses.
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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 site is not located within the three (3) mile referral area
of any municipality.
E. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. 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. The
site is not in a Special Flood Hazard Area.
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 quarter section has a section that is designated as
"High Potential Dry Cropland - Prime if they become Irrigated," a small
section "Prime if they become Irrigated," and primarily "Other lands" per
the 1979 Soil Conservation Service Important Farmlands of Weld County
Map. This USR will not take any of "Prime (Irrigated)" farmland out of
production.
G. Section 23-2-230.6.7 -- 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 Colby and Sandra Van Cleave, do VCA
Aggregates, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR14-0077, for a Mineral Resource Development, including open pit mining (sands, gravels
and stones) and materials processing including stockpiling, crushing and screening, recycling
operations, and importing of raw and recycled materials, as well as two mobile trailers 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 submit the permit from the State of Colorado Division
of Reclamation, Mining and Safety (DRMS).
B. An Improvements Agreement and Road Maintenance Agreement is
required for off-site improvements at this site. Road maintenance,
including dust control, damage repair, specified haul routes and future
triggers for improvements will be included.
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C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR14-0077.
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) Setbacks to the mining operation are measured from the
right-of-way, or future right-of-way lines, plus the standard setback
of 20 feet in the A (Agricultural) Zone District. No structure will be
allowed in the future right-of-way.
5) The applicant shall show the approved access(es) on the map and
label with the access permit number (will be provided).
6) The applicant shall show and label standard tracking control onto
publically maintained roadways.
7) The applicant shall show and label the drainage flow arrows,
turning radii, and parking and circulation.
8) The applicant shall show any proposed gate a minimum of 75 feet
back from the right-of-way.
9) The applicant shall indicate specifically on the plat any
right-of-way and/or easements and indicate whether they are
dedicated, private, or deeded and label with recorded document,
book and page and/or reception number to provide adequate
access to the parcel.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
an electronic version (.pdf), or one (1) paper copy, of the plat to the Weld County
Department of Planning Services for preliminary approval. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. 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 and additional requirements shall be submitted within one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution. The
Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder
by the Department of Planning Services. 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
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$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 CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
5. 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 map
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.
6. Prior to Construction:
A. If more than one (1) acre is to be disturbed for non-mining activities such
as parking lots, structures, etc., a Weld County Grading Permit will be
required prior to the start of construction. Contact the Department of
Planning Service for application information.
B. A Right-of-Way Use Permit is required for any work in the Weld County
Right-of-Way. Contact the Department of Public Works at 970-304-6496
ext. 3764.
C. A Transport Permit is required for any oversize and/or over weight
vehicles. Contact the Department of Public Works at 970-304-6496 ext.
3764.
7. Prior to Operation:
A. Construction of the approved access and/or tracking control
improvements is required prior to operation.
8. Prior to Mining:
A. 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of March, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, OLORADO
ATTEST: (�( �� &aKirkm(
, Chair /
Weld County Clerk to the Boa d
Mike Freeman, Pro-Tern
BY:
Deputy Cler to the Board Lea Sean P. Conway
APPROVED AS TO FOR R ea 4‘1%) ( /L $yr- "
,
ias� tie
a Julie A. Cozad
County Attorney �� �- ', ,ce``-�
/ao//. .,� d y Steve Moreno
Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
COLBY AND SANDRA VAN CLEAVE, C/O VCA AGGREGATES, LLC
USR14-0077
1. The Site Specific Development Plan and Use by Special Permit, USR14-0077, is for a
Mineral Resource Development, including open pit mining (sands, gravels and stones)
and materials processing including stockpiling, crushing and screening, recycling
operations, and importing of raw and recycled materials, as well as two mobile trailers 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 hours of operation are daylight hours, as stated by the applicant.
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.
4. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Reclamation Mining and Safety.
5. The operation shall comply with the Mine Safety and Health Act (MSHA).
6. The operation shall comply with the Occupational Safety and Health Act (OSHA).
7. 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.
8. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
9. The historical flow patterns and runoff amounts will be maintained on the site.
10. There shall be no parking or staging of vehicles on County roads. On-site parking shall
be utilized.
11. 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.
12. 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.
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13. 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 the approved Waste Handling
Plan, at all times.
14. Any vehicle or equipment washing areas shall capture all effluent and prevent
discharges in accordance with the Rules and Regulations of the Water Quality Control
Commission, and the Environmental Protection Agency.
15. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall be operated in accordance with the approved Dust Abatement Plan, at all
times.
16. This facility shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone District, as delineated in Section 14-9-30 of the Weld County Code.
17. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, 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.
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. All potentially hazardous chemicals must be handled in a safe manner, in accordance
with product labeling, and in a manner that minimizes the release of Hazardous Air
Pollutants (HAP's) and Volatile Organic Compounds (VOC's). All chemicals must be
stored secure, on an impervious surface, and in accordance with manufacturer's
recommendations.
20. The applicant shall obtain a Colorado Discharge Permit System or CDPS Permit from
the Colorado Department of Public Health and Environment (CDPHE), Water Quality
Control Division, as applicable.
21. The operation shall comply with all applicable rules and regulations of the state and
federal agencies and the Weld County Code.
22. 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 2011 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.
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23. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. 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.
24. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
25. 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.
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. 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.
28. 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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