HomeMy WebLinkAbout20111320.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Robert Grand,that the following resolution be introduced for passage by the Weld County Planning
•
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER; AmUSR-1075
APPLICANT: R.M. Hiner Construction Company, Inc.
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Amended Use by Special Review Permit
for Open Pit Mining and Materials Processing (sand, gravel and stone); an
Asphalt and Concrete Batch Plant; an Oil Field Business, more specifically
defined as an Oil and Gas Support and Service Facility—Pipeline and Roust-a-
bout; and a private commercial recreational facility(water skiing lake and
primitive campsite for water skiing members)along with commercial hunting
(hunting on a fee basis) in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: E2NE4 of Section 36,T6N, R66W and the South 120 acres of the NW4 of
Section 31,T6N, R65W of the 6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to CR 64, "O" Street; East of and adjacent to North 251°
Avenue.
be recommended favorably to the Board of County Commissioners 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 Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
• Section 22-2-20.B.2 A.Policy 2.2 states: "Allow commercial and industrial uses, which are
directly related to or dependent upon agriculture,to locate within agricultural areas when the
impact to surrounding properties is minimal or mitigated and where adequate services and
infrastructure are currently available or reasonably obtainable. These commercial uses
should be encouraged to locate in areas that minimize the removal of agricultural land from
production." The site is located in the Cache La Poudre Floodway and Floodplain and has
been an ongoing operation for mineral resource development, oil and gas support and
service and a recreation facility since April 12, 1995.
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 Northern part of the property is classified as F-1 (Floodplain and Valley-Fill
Deposits—relatively clean and sound) and T-1 (Stream Terrace Deposits—relatively clean
and sound).
Section 22-5-80.D.1.h (CM.Policy 4.1.8) states, "Require all mining operations conform to
federal, state and local environmental standards."
The Department of Reclamation Mining and Safety referral dated April 22, 2011 states"The
proposed changes to the Site Specific Development Plan and an Amended Use by Special
Review Permit do not conflict with the Division's interests, however,any changes made to the
Mining and Reclamation Plan must be approved by the Division through a Technical
Revision. The changes would include the addition of an asphalt and concrete batch plant,
relocation of existing gas lines/ wells, reconfiguration of the ponds, and the addition of
campsites and boat ramps around the north pond."
• EXH IT
2011-1320
Resolution AmUSR-1075
R.M. Hiner Construction Company, Inc.
Page 2
CM.Policy 4.1.5. Require, where possible, that batch plants and processing equipment be
• buffered from adjacent uses.
The processing area including, mineral resource stockpiles and the concrete and asphalt
batch plant is located in the middle of the property near an existing tank battery associated
with Kerr McGee Gathering on the North side of the River. This area is within the Floodplain
as defined by the Firm Community Panel Map 080266 0628C dated September 2, 1982 and
the City of Greeley- US Army Corps of Engineers Cache la Poudre study dated 2003.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the Agricultural(A)
Zone Districts. Section 23-3-40.A.3 of the Weld County Code provides for a Site Specific
Development Plan and a Special Review Permit for a Mineral Resource Development
including Open Pit Mining and Materials Processing (sand, gravel and stone), including a
Concrete and Asphalt Batch Plant facility; and Section 23-3-40.A.2 of the Weld County Code
provides for Oil and Gas Support and Service as a Use by Special Review and Section 23-3-
40.N of the Weld County Code allows for a Site Specific Development Plan and Special
Review Permit for a private commercial recreational facility(water skiing late and unimproved
campsite for water skiing members)along with commercial hunting(hunting on a fee basis)
in the A(Agricultural) Zone District.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. There is an existing metal skinned building on the property. The
surrounding properties are as follows: To the north is the North Weld County Business Park
within the City of Greeley municipal limits. At this location in the business park from west to
east, is vacant land, the Department of Human Services,the North Jail Complex,the Sheriffs
Administration Office, the Environmental Health Building. On the lower elevation adjacent to
the Private Road are the Weld County-City of Greeley Records Department and the Weld
• County Health Clinic. Land to the east of the site is utilized for Weld County Public Works;
Lands to the south include the Cache La Poudre River, Bucklen Equipment Company and
Weld County Public Works Department. Lands to the West include the Espanola subdivision
north of the River and the former maintenance shop for the Flatirons Company to the South.
D. Section 23-2-220.A.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 property is not located within an Intergovernmental Agreement Area and is within the 3-
mile referral area for the City of Greeley. The City of Greeley did not return a referral
indicating a conflict with their interests.
E. Section 23-2-220.A.5 --The application complies with Article V of the Weld County Code.
The existing site is within the County Road Impact Fee Area, and the Capital Expansion
Impact Fee Area.
Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee. (Ordinance 2005-8,Section
5-8-40)
•
Resolution AmUSR-1075
R.M. Hiner Construction Company, Inc.
Page 3
Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime
• agricultural land in the locational decision for the proposed use. The U.S.D.A. Soils Maps of
Prime Farmlands of Weld County dated 1979 indicate that the soils on this property as
"Irrigated Land Not Prime". There is no irrigation water associated with the parcel, however,
given the present mined condition, this U.S.D.A. Soils Mapdesignation may be faulty. A
significant portion of the site consists of three(3)lakes with a non-mined component located
in the south central part of the property.
F. Section 23-2-220.A.7—There is adequate provisions for the protection of health, safety,and
welfare of the inhabitants of the neighborhood and County.
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 health, safety, and welfare of
the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled AmUSR-1075. (Department of Planning Services)
B. The attached Development Standards. (Department of Planning Services)
C. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
• (Department of Planning Services)
D. The location of all oil and gas facilities shall be shown on the plat in addition to their setbacks.
(Department of Planning Services)
E. Revise the City of Greeley Corporate Limits to accurately reflect the annexed lands and road
rights-of-way. (Department of Planning Services)
F. North 23rd Avenue is within the City of Greeley's jurisdiction. The applicant shall verify the
existing right-of-way and the documents creating the right-of-way and this information shall
be noted on the plat. All setbacks shall be measured from the edge of future right-of-way. If
the right-of-way cannot be verified, it shall be dedicated. This road is maintained by the City
of Greeley. (Department of Planning Services)
G. Revise the floodplain labels on the site plan to reference the 2003 Army Corps of Engineers
Cache La Poudre River Floodplain Study that has been accepted by FEMA. (Department of
Public Works)
H. Delineate the locations of the six(6)hunting blinds and the array areas for the direction of all
shooting. All shooting shall be to the interior of the property.
2. The applicant shall address the requirements/concerns of the US Army Corps of Engineers as
addressed in their referral dated March 10,2011. Written evidence that the applicant acknowledges
the Corps comments shall be provided to the Department of Planning Services. (US Army Corps of
Engineers)
3. The applicant shall address the requirements/concerns of the Weld County Department of Public
• Works as addressed in their referral dated April 6, 2011. Written evidence that these concerns have
been addressed shall be provided to the Department of Planning Services.(Weld County Department
of Public Works)
Resolution AmUSR-1075
R.M. Hiner Construction Company, Inc.
Page 4
• 4. The applicant shall address how the proposed USR recreational activities are compatible with the
active mining and Mine Safety Health Administration(MSHA)regulations. MSHA regulations require
that people entering a working mine site be equipped with the proper personal protective equipment
such as steel toed boots, safety glasses, hardhats, and safety vests. Written evidence that these
concerns have been addressed shall be provided to the Department of Planning Services. (Weld
County Department of Public Works)
5. The applicant shall address the concerns raised in the Zoning Compliance referral dated march 14,
2011 specific to active building permit violations. Written evidence that the applicant acknowledges
the comments, and has resolved the Building Department Compliance violations shall be provided to
the Department of Planning Services. (Department of Building and Zoning Compliance)
6. The applicant shall address the requirements/concerns of the Division of Mining Reclamation Safety
(DRMS) as addressed in their referral dated April 22, 2011. Written evidence that these concerns
have been addressed, and or approved by the DRMS shall be provided to the Department of Planning
Services. (DRMS)
7. The applicant shall address the requirements/concerns of the Weld County Department of Public
Health and Environment as addressed in their referral dated April 11, 2011, including:
A. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and
Emissions Permit application from the Air Pollution Control Division,Colorado Department of
Health and Environment, if applicable.
B. The applicant shall submit a dust abatement plan, detailing on site dust control measures,for
review and approval, to the Environmental Health Services, Weld County Department of
• Public Health & Environment.
C. In the event washing of vehicles will occur on site the applicant shall ensure that any vehicle
washing area(s) shall capture all effluent and prevent discharges from the washing of
vehicles in accordance with the Rules and Regulations of the Water Quality Control
Commission, and the Environmental Protection Agency. Vehicle washing areas should be
designated on the plat.
D. In the event the applicant intends to utilize the existing septic system at the home, for
employee use, the septic system shall be reviewed by a Colorado Registered Professional
Engineer. The review shall consist of observation of the system and a technical review
describing the systems ability to handle the proposed hydraulic load. The review shall be
submitted to the Environmental Health Services Division of the Weld County Department of
Public Health and Environment. In the event the system is found to be inadequately sized or
constructed the system shall be brought into compliance with current Regulations.
E. The applicant shall submit evidence of a Colorado Discharge Permit System (CDPS) from
the Water Quality Control Division of the Colorado Department of Health and Environment for
any proposed discharge into State Waterways, if applicable.
F. In accordance with the Underground and Above Ground Storage Tank Regulations(7 CCR
1101-14)a spillage retention berm shall be constructed around the tank battery. The volume
retained by the spillage berm should be greater than the volume of the largest tank inside the
berm. Alternative protective measures may be allowed provided they comply with the Above
Ground Storage Tank Regulations.
•
Resolution AmUSR-1075
R.M. Hiner Construction Company, Inc.
Page 5
G. The Division requires that an odor abatement and response plan be submitted prior to
• operation of the facility. This plan shall be implemented at the request of the health
department in the event that odor levels detected off site of the facility meet or exceed the
odor limit as specified by the Colorado Revised Statues. The plan shall also be implemented
in the event that the Health Department receives a significant number of odor complaints and
in the judgment of the Director of Public Health, there exists an odor condition requiring
abatement.
H. The applicant shall submit documentation from North Weld County Water District indicating
that the existing tap is sufficient for the commercial operations.
The applicant shall submit a noise abatement plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health & Environment.
J. The applicant shall submit a waste handling plan, for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health&Environment. The plan
shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed(including the facility
name, address, and phone number).
Written evidence that these concerns have been addressed shall be provided to the Department of
Planning Services. (Weld County Department of Public Health and Environment)
• 8. The applicant shall either submit a copy of an agreement with the property's mineral owner/operators
stipulating that the oil and gas activities have been adequately incorporated into the design of the site
or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral
owner/operators. Drill envelopes can be delineated on the plat in accordance with the State
requirements as an attempt to mitigate concerns. The plat shall be amended to include any possible
future drilling sites. (Department of Planning Services)
9. The applicant shall address the requirements/concerns of the City of Greeley as addressed in their
referral dated April 23, 2011. Written evidence that the applicant acknowledges the City's comments
shall be provided to the Department of Planning Services. (City of Greeley)
10. Upon completion of 1 - 9 above the applicant shall submit three (3) paper copies of the plat for
preliminary approval to the Weld County Department of Planning Services. Upon approval of the
paper copies 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 Department of Planning Services'Staff. 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 thirty (30) days from the date of the Board of County
Commissioners resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
11. In accordance with Weld County Code Ordinance 2006-7 approved June 1,2006,should the plat not
be recorded within the required sixty (60) days from the date the Board of County Commissioners
resolution a $50.00 recording continuance charge shall added for each additional 3 month period.
(Department of Planning Services)
•
Resolution AmUSR-1075
R.M. Hiner Construction Company, Inc.
Page 6
• 12. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are.dwg, .dxf,and .dgn(Microstation);acceptable
GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is.e00.
The preferred format for Images is.tif(Group 4). (Group 6 is not acceptable). This digital file may be
sent to dhuerter(c.co.weld.co.us (Department of Planning Services)
13. 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. (Department of Planning Services)
Motion seconded by Roy Spitzer.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Erich Ehrlich
Roy Spitzer
Mark Lawley
Nick Berryman
Jason Maxey
• The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner=s for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on May 3, 2011.
Dated the 3rd of May, 2011.
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Rex Hiner Construction, Inc., do Jim Arnold
• AmUSR-1075
1. A Site Specific Development Plan and an Amended Use by Special Review Permit for Open Pit
Mining and Materials Processing (sand, gravel and stone), an Asphalt and Concrete Batch Plant,for
an Oil Field Business, more specifically defined as an Oil and Gas Support and Service Facility—
Pipeline and Roust-a-bout; and a private commercial recreational facility (water skiing lake and
primitive campsite for water skiing members)along with commercial hunting(hunting on a fee basis)
in the A (Agricultural) Zone District and subject to the Development Standards stated hereon.
(Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
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, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department
of Public Health and Environment)
6. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
• (Department of Public Health and Environment)
7. Any vehicle washing area(s)shall capture all effluent and prevent discharges from drum washing and
the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control
Commission, and the Environmental Protection Agency. (Department of Public Health and
Environment)
8. 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. (Department of Public
Health and Environment)
9. This facility shall adhere to the maximum permissible noise levels allowed in the light industrial zone
district of 70 db(A). (Department of Public Health and Environment)
10. Adequate drinking, handwashing and toilet facilities shall be provided for employees, drivers and
patrons of the facility at all times. (Department of Public Health and Environment)
11. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment)
12. Portable toilets will be allowed for the recreational area. Records of maintenance and proper disposal
shall be retained on a seasonal basis. (Department of Public Health and Environment)
13. Recreational Vehicle(RV)units that have self-contained sewage disposal,shall dispose of sewage at
an approved off-site facility. (Department of Public Health and Environment)
14. A permanent, adequate water supply shall be provided for drinking and sanitary purposes (North
• Weld County Water District). (Department of Public Health and Environment)
Resolution AmUSR-1075
R.M. Hiner Construction Company, Inc.
Page 8
15. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility
• area in a manner that will prevent nuisance conditions. (Department of Public Health and
Environment)
16. All pesticides,fertilizer, and other 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. (Department of
Public Health and Environment)
17. If applicable,the applicant shall obtain a stormwater discharge permit from the Colorado Department
of Public Health & Environment, Water Quality Control Division. (Department of Public Health and
Environment)
18. The facility shall be operated in a manner to prevent odors. Odors detected off site shall not equal or
exceed the level of fifteen-to-one dilution threshold, as measured pursuant to Regulation 2 of the
Colorado Air Pollution Control Regulations. Additional controls shall be implemented at the request of
the Weld County Department of Public Health and Environment in the event odor levels detected off
site of the facility meet or exceed the level of fifteen-to-one dilution threshold,or in the judgment of the
Weld County Health Officer, there exists an odor condition requiring abatement. (Department of
Public Health and Environment)
19. The operation shall comply with all applicable oil and gas operations regulated by the Colorado Oil
and Gas Conservation Commission. (Department of Public Health and Environment)
20. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Reclamation Mining and Safety. (Department of Public Health and Environment)
• 21. The operation shall comply with the Mine Safety and Health Act. (MSHA) (Department of Public
Health and Environment)
22. The operation shall comply with the Occupational Safety and Health Act. (OSHA) (Department of
Public Health and Environment)
23. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
24. The applicant should be made aware that the lake water may not meet all water quality standards for
natural swimming areas as defined by the Colorado Department of Public Health and Environment.
We strongly encourage the applicant to periodically test the lake water. (Department of Public Health
and Environment)
25. The facility shall comply with Regulation No. 9,Open Burning, Prescribed Fire,and Permitting(5 CCR
1001-11) of the Colorado Air Quality Control Commission. (Department of Public Health and
Environment)
26. Utilize the existing accesses to the site from North 23rd Ave. The access off of the County's privately
maintained road is to be used for emergency and incidental access only. No new accesses will be
granted. (Department of Public Works)
27. There shall be no campsites or overnight parking located in the FEMA-mapped 100-year floodplain or
in the floodway due to the hazardous nature of the floodplain and the potential for loss of life.
(Department of Public Works)
28. There shall be no campsites or overnight parking located between the Cache La Poudre River and
•
the lakes due to the potential for riverbank erosion that occurs during a flooding event. (Department
of Public Works)
Resolution AmUSR-1075
R.M. Hiner Construction Company, Inc.
Page 9
29. Portable boat docks must be anchored per an engineered design.A flood hazard development permit
• (FHDP) must be obtained prior to the installation of the boat docks. (Department of Public Works)
30. There shall be no parking or staging of vehicles on County roads. (Department of Public Works)
31. An entrance located at the northeast corner of the site accesses to a private road owned and
maintained by Weld County that serves the Weld County grader training course,Weld County gravel
pits,Weld County offices, and the County jail. Due to mining safety and jail security issues, use of this
road for access to the recreational lake and Hiner pit shall be limited to emergency responder access
only, unless prior written notice is obtained from Weld County Government. (Department of Public
Works)
32. If 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. All
vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the
area is completely developed. (Department of Public Works)
33. WARNING: LOT MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY
DESIGNATION. Please be advised that owners of Parcel#080531000063 may not be able to obtain
building permits to construct structures. All construction or improvements occurring in the flood plain
as delineated on Federal Emergency Management Agency FIRM Community Panel Maps#8082660-
0628C dated September 28, 1982 and Map Panel#080266-1529E dated June 10,2005,shall comply
with the Flood Hazard Overlay District requirements of Chapter 23,Article V, Division 3 of the Weld
County Code and all applicable FEMA regulations and requirements as described in 44 CFR parts 59,
60, and 65. (Department of Public Works)
34. Future development occurring within the flood plain shall be in compliance with the flood plain codes in
effect at that time. Future development activities located within the FEMA-mapped floodplain will
• have to obtain the appropriate flood hazard development permits. (Department of Public Works)
35. Prior to the vacation of the mining permit by DRMS, per FEMA's letter dated January 13, 2011; a
letter of map revision shall be approved by FEMA showing the impact that the mining operation has
had on the flood plain boundaries,floodway boundaries,and water surface elevations. (Department of
Public Works)
36. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the Weld County Road Impact Program. (Ordinance 2002-11)(Department of Planning
Services)
37. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the
fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services)
38. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
39. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
40. Permits are required for all new proposed structures and existing structures which were installed
without permits.An investigation fee shall be assessed on all structures which were installed without
permits. (Department of Building Inspection)
41. Building permits are required for buildings and structures which required permits before the beginning
of construction. (Department of Building Inspection)
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Resolution AmUSR-1075
R.M. Hiner Construction Company, Inc.
Page 10
42. Buildings shall conform to the requirements of the various codes adopted at the time of permit
• application. Currently the following has been adopted by Weld County: 2006 International Building
Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International
Fuel Gas Code; and the 2008 National Electrical Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
43. All building plans shall be submitted to the City of Greeley Fire Department for review and approval
prior to issue of Building Permits. (Department of Planning Services)
44. All roads within the permitted area shall be all weather and maintained to allow for emergency
responders safe and adequate access. (Department of Planning Services, City of Greeley Fire
Department)
45. 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 constructed as traffic control devices. (Department of Planning
Services)
46. Hours of operation for the water skiers shall be from sunrise to sunset from April 1 through
September 15`"of any given year. (Department of Planning Services)
47. Hunting by members and their guests is allowed October 15 through February 15 of any given year.
(Department of Planning Services)
48. The only firearms discharged on the property shall be shotguns. All shooting shall be directed to the
interior of the property. (Department of Planning Services)
• 49. 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. (Department of Public Works)
50. 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. (Department of
Planning Services)
51. The applicant shall utilize the existing access to the parcel from County Road 64"O"Street,south on
North 23r'Avenue into the site. (Department of Public Works)
52. Primary access drives shall be surfaced with gravel, recycled asphalt or the equivalent and shall be
graded to prevent drainage problems. (Department of Public Works)
53. The historical flow patterns and runoff amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases,diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Planning Services)
54. All boats, campers, temporary docks, shelters, portable fire pits, picnic tables, duck blinds, decoys,
and similar recreational equipment owned by members and guests of the Hiner Lakes Recreational
Club shall be removed from premises or stored in an approved screened on-site storage area at end
of each season. (Department of Planning Services)
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Resolution AmUSR-1075
R.M. Hiner Construction Company, Inc.
Page 11
• 55. Access to the Open Pit Mining and Materials Processing (sand, gravel and stone), Asphalt and
Concrete Batch Plant, Oil Field Business, and private commercial recreational facility shall be from
North 23rd Avenue. No additional accesses are permitted. (Department of Planning Services)
56. Outdoor storage shall be restricted to the areas delineated on the approved AmUSR-1031PIat.
(Department of Planning Services)
57. Any operation of the gravel pit and batch plants shall not obstruct the passage of the floodway and
100-year flood flows to the point that it has an adverse effect on others. This provision prohibits
locating dikes and stockpiles in a manner which forces floodwaters to alter their normal course.
(Department of Public Works)
58. Any storage on site shall be located outside of the floodway and 100-year floodplain or be securely
anchored and adequately floodproofed in accordance with the FEMA and Weld County Flood Hazard
Overlay District regulations. (Department of Public Works)
59. The Open Pit Mining and Materials Processing (sand, gravel and stone) including the Asphalt and
Concrete Batch Plant component shall be in compliance with Section 23-4-290.B at all times. Further,
all sand and gravel operations shall be conducted during the hours of daylight except in case of public
or private emergency, or to make necessary repairs to equipment. This restriction does not apply to
operation of administrative or executive offices or repair facilities located in the property. (Department
of Planning Services)
60. The property shall be maintained in compliance with the Airport Overlay District at all time.
(Department of Planning Services)
61. Erosion control and stabilization efforts shall be maintained along the shorelines of the lakes.
(Department of Planning Services)
• 62. All approved North Lake camp sites are restricted to the following:
o Passenger Vehicle parking for campsite leases and their guests
o One Recreational Vehicle (RV), Camper or Tent
o One inboard motor boat with trailer for same
o One enclosed storage shed permitted through the Building Department
o One deck permitted through the Building Department
o One horseshoe pit
o One fire pit with stacked firewood
o One boat dock, permitted through the Building Department and having an approved FHDP
o One boat storage cover permitted through the Building Department
o One shade cover permitted through the Building Department, as applicable.
(Department of Planning Services)
63. All approved South Lake camp sites are restricted to the lease hold areas and their equipment,
vehicles,and associated transient improvements shall not impede the existing vehicle access to the
internal site, including access to the on-going mining and materials processing (sand, gravel and
stone), asphalt and concrete batch plant, the oil field construction business, and the recreational
facility, all which operate from this single point of ingress and egress. (Department of Planning
Services)
64. Thirty(30)days prior to the commencement of hunting activities, the applicant shall notify in writing
the City of Greeley Police Department and the Weld County Sheriffs office to minimize any potential
impacts to the North Greeley community. (Department of Planning Services)
•
Resolution AmUSR-1075
R.M. Hiner Construction Company, Inc.
Page 12
65. 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 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.
66. 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.
67. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness,wildlife, lack of city noise and congestion,and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement,silage and manure; smoke from ditch burning;flies and mosquitoes;hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
• producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved"out of the way"of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size(twice
the size of the State of Delaware)with more than three thousand seven hundred(3,700)miles of state
and County roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed, will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm. Services in rural areas, in many cases,will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches,electrical power for pumps and center
pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock,and
• open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
all
property is located immediately adjacent to Johnstown municipal limits, staff has proposed a development
• standard requiring the tower to be painted an earth tone color. Additionally, there is a condition of approval
that the applicant attempt to address the referral requirements of the Town of Johnstown.
A letter of objection was received from a surrounding property owner dated April 20, 2011. Concerns listed
included negative impacts on property values, potential negative impacts on TV reception and wireless internet
connection, lack of landscaping on the site creating an unsightly situation,and exacerbating flooding condition.
The letter also mentions questions on what the height of the antenna would be on the tower.
The proposed tower is located in an area that maximizes distance from the nearby residences while being
screened by existing trees and buildings on the property. Existing improvements are oil and gas production
facilities, tank batteries on site which are already installed and are a use by right in the agricultural zone
district.
Mr. Gathman stated that he received a phone call today from gentlemen, Tom Marone, who owns land
immediately east and north of this site. He indicated that they have received preliminary plat approval for a
residential subdivision on this adjacent property. There is a platted subdivision in process on that site;
however they still have to go through the Final Plat process. Mr. Marone indicated that he was concerned
about property value impacts and would like to see the applicant provide some more information on how the
tower would look on the ground.
The Department of Planning Services is recommending approval of this application along with the attached
conditions of approval and development standards.
Lauren Light, Environmental Health, stated that permanent water and sewer is not required because it is an
unmanned facility. According to FCC requirements, a free-standing tower above 30 feet in height is unlikely
to cause exposure in excess of the FCC guidelines; therefore this proposed tower is not a health concern.
Staff has no concerns with this request.
• Heidi Hansen, Public Works, stated that the applicant is using an existing access from County Road 17 which
is under Johnstown's jurisdiction. Staff has no concerns with this request.
Mac Neuman, Lonetree Energy Associates, representing Petroleum Development Corp, commented that this
additional 30 feet would enhance the backbone of their automation system. There are a number of wells on
the automation system and this tower would enable more wells to be put on the system.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
The Chair asked the applicant if he read through the Development Standards and Conditions of Approval and
if they are in agreement with those. The applicant replied that he is in agreement.
Robert Grand moved that Case USR-1780, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, seconded by Bill Hall.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Erich Ehrlich,yes; Robert Grand, yes; Bill Hall,yes;Alexander Zauder,yes;Jason Maxey,yes;
Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair called a recess at 2:37 pm and reconvened at 2:46 pm.
The Chair read the following case into record.
CASE NUMBER; AmUSR-1075
• APPLICANT: R.M. Hiner Construction Company, Inc. EX MITPLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Amended Use by Special Review Permit
• for Open Pit Mining and Materials Processing (sand, gravel and stone),an
Asphalt and Concrete Batch Plant,for an Oil Field Business, more specifically
defined as an Oil and Gas Support and Service Facility—Pipeline and Roust-a-
bout; and a private commercial recreational facility(water skiing lake and
primitive campsite for water skiing members)along with commercial hunting
(hunting on a fee basis) in the A (Agricultural)Zone District.
LEGAL DESCRIPTION: E2NE4 of Section 36,T6N, R66W and the South 120 acres of the NW4 of
Section 31,T6N, R65W of the 6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to CR 64, "O"Street; East of and adjacent to North 2&'
Avenue.
Kim Ogle, Planning Services, stated that the site is not located within an Intergovernmental Agreement area
(IGA) but does lie within the three mile referral area for the City of Greeley. The City of Greeley returned a
referral indicating that the proposed use is within the City's Urban Growth Boundary and is immediately
adjacent to the municipal city limits. One of their concerns relates to the City's 2060 Comprehensive Plan
Land Use Section LU8.A7 River Corridor. As it relates to this Section, Greeley Planning encourages the
applicant to contact the Colorado Division of Wildlife in particular as it relates to the hunting activities. For the
record,the Division of Wildlife did not return a referral response indicating a conflict with their interests for this
application.
Greeley Planning also had concerns with the proposal as it relates to the City's Comprehensive Plan
Environmental Section EN1.A2. The Policy states that uses should maintain and enhance the Poudre River
Trail and Corridor for natural resource and habitat preservation as well as for educational use and enjoyment
by the public in an appropriate manner. The City added that the applicant should note that the prevailing uses
along the Poudre Trail are non-motorized in nature. Accordingly, motorized boating activities are not
consistent with uses and further could damage sensitive shorelines. For the record, the applicant has utilized
this location since 1995 for six primitive campsites and the ski lake component and the ongoing mineral
resource development activities.
• Surrounding properties include development within the North Weld County Business Park,which is within the
City limits for Greeley. Land to the east of the site is utilized for Weld County Public Works. Lands to the
south include the Cache La Poudre River, Bucklen Equipment Company, and Weld County Public Works.
Lands to the west are the Esponola Subdivision.
Sixteen referral agencies reviewed the case; eight agencies offered comments,some with specific conditions
which have been incorporated into the staff recommendation. Staff did not receive any letters or telephone
calls concerning this application.
It is the opinion of the Department of Planning Services that the conditions of approval and development
standards will address the concerns raised by referral agencies;therefore staff is recommending approval of
the application.
Mary Evett, Environmental Health, stated that water is provided by North Weld County Water District. Staff is
requesting that the applicant provide documentation from the Water District that the existing tap is sufficient
for the commercial operations. Portable toilets will be provided for the recreation facility which includes the
hunters and the campers. The use of portable toilets was approved under the original USR and is included in
Development Standard 12. The self-contained RV's will be required to dump their wastes in an approved off-
site facility. Employees and drivers for the mining batch plant operations must have access to potable water,
handwashing and toilets facilities. There are three existing septic systems on the property. Restrooms must
be made available for employee use. Depending on which system they will utilize it will need to be evaluated
by an engineer to determine if it is adequate for residence of the homes and the employees. Portable toilets
and bottled water may be used at the working face of the mine. The applicant will need to submit Air Permits
and Stormwater Discharge Permits for the asphalt and concrete batch plants and the mining operation. Noise
will be restricted to levels allowed in the light industrial zone.
• Don Carroll, Public Works, stated that the main access is from North 23rd Avenue, which is paved. The
secondary access is from a private road for the Sheriffs Department utilized for emergency access to the
8
facility. He added that they are requesting the applicant to use the main access because with the secondary
access they are coming off County property to access their own property and it is a safety concern with all the
County related traffic and walking trail.
Clay Kimmi, Public Works, stated that there are some floodplain concerns and has asked the applicant to
keep all camping sites and overnight parking of RV's or camp trailers outside of the floodplain. The camp
trailers are not anchored down and pose a floatation hazard that could get tangled up in the bridges and cause
flooding in other areas. Staff has no concerns with the day usage of the lakes. Mr. Kimmi stated that they
have asked the applicant that if they are proposing any portable boat docks that they comply with FEMA's
National Flood Insurance Program Regulations by anchoring them with an engineered design. In addition,
when the mining is complete, the applicant will need to complete a Letter of Map Revision to show FEMA what
the impact of the gravel mining operation has been on the floodplain.
Jim Arnold, 3030 S Williams, Denver CO, stated that in regard to hunting they shoot back onto the property
itself. There are six commercial hunting blinds onsite. He added that no issues or problems have occurred
with the hunting component.
Commissioner Grand expressed that he is not comfortable with the way it is written in the USR permit
indicating that hunting is allowed within the entire USR boundary. Mr.Arnold said that there is a professional
guide with the clients at all times. Mr. Grand requested that Staff create some language identifying the hunting
blinds on the map.
Mr.Arnold said that the east gate has been in use since 1995 under the original permit and added that it is the
closest point of access for ambulances, Sheriff patrol and emergency personnel. He added that they would
prefer to keep that access point. Mr. Carroll stated that there is no problem with emergency access. He
added that there is a lot of vehicle and foot traffic and would prefer them to use the paved main access point
for their clients and mining operation.
• Mr. Arnold indicated that they have been accessing from the east gate to avoid mining traffic from the North
23rd Avenue. He added that it was granted under the original USR permit. Mr. Carroll stated that they are
coming across Weld County property to get to their property.
Commissioner Maxey stated that the applicant said that he had access under the original USR permit and
asked if there was an easement to access this property. Mr. Carroll said that they are not denying access;
however they are asking to use it for emergency purposes only. Mr. Carroll said that the applicant would need
to provide evidence on the easement.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Mr. Ogle suggested graphically showing the six shooting positions and the array of where the shots will go
as they go back onto the site on the plat map. In addition, we can add a Development Standard which
states"The only firearms discharged on the property shall be shotguns. All shooting shall be directed to
the interior of the property." Commissioner Holton directed Mr. Ogle to create language as such and
include it prior to the Board of County Commissioner hearing. Bruce Barker, County Attorney, stated that
the plat map delineation should be a condition of approval and the language should be included in a
development standard. The Chair recommended that these be placed in the staff report prior to the Board
of County Commissioner hearing.
Commissioner Holton said that if there is an easement with regard to the gated entrance it should be produced
before the Board of County Commissioners hearing.
Mr. Arnold said that he has held his campers off to a total of six for the last month and half. He has been
operating for the last nine years with 20 campers. He requested to begin operating with additional campers
this weekend. Mr. Barker stated that it would not be his recommendation to the County Commissioners to go
• after the violation of the USR while this amendment is pending. He added that no enforcement action will be
made prior to May 25, 2011.
9
• The Chair asked the applicant if he read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that he is in agreement with the
exception of the North 23rd Avenue access.
Robert Grand moved that Case AmUSR-1102, be forwarded to the Board of County Commissioners along
with the amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Roy Spitzer.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Erich Ehrlich, yes; Robert Grand, yes with comment; Bill Hall, yes with comment; Alexander
Zauder, yes; Jason Maxey, yes; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried
unanimously.
Commissioner Hall commented that this use has operated for several years and has maintained the same
intensity.
Commissioner Grand echoed Mr. Hall's comments.
The Chair read the last case into record.
CASE NUMBER: USR-1778
APPLICANT: Ed Orr
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Recreational Facility(water skiing lake and campsite for water skiing members,
along with commercial hunting on a fee basis) in the A(Agricultural)Zone
District.
LEGAL DESCRIPTION: Part of the NW4NW4; Part S2NW4; N2SW4; NW4SE4 of Section 31,T6N,
•
R66W of the 6th P.M.,Weld County, Colorado.
LOCATION: North of and adjacent to CR 62.25; East of and adjacent to CR 25.
Kim Ogle, Planning Services, stated that Mr. Roth,who is the leasee of the property, is currently operating on
site without the appropriate land use permits and has not addressed the conditions of approval or prepared a
plat for recording, thereby demonstrating compliance with the future Board of County Commissioners
Resolution, if approved. Staff has indicated to Mr. Roth the potential pitfalls associated this action. Mr. Ogle
stated that Mr. Roth is here today and will request the Planning Commission to consider a 60-day continuance
so that he may conduct some sort of study.
The property is not located within an Intergovernmental Agreement area;however it is located within the three-
mile referral area for the City of Greeley and the Town of Windsor. The City of Greeley, in their referral dated
April 7, 2011, stated concerns with the floodway, 100 year and 500 year floodplains, the proximity to the lake
and hunting activities in or near the proximity of a known bald eagle nesting area, damage to sensitive
shorelines and the proximity of low-intensity Poudre River and the Poudre Trail and the Poudre Learning
Center to the more intensive uses associated with this recreational facility. The Town of Windsor, in their
referral dated April 8,2011,stated concerns with the floodplain and floodway located onsite and the adequacy
of safety precautions for users of the Poudre Trail during the hunting season.
The property under review was formerly mined for mineral resource for the acquisitionsof sands,gravels,and
stones by others and has been reclaimed. The use of the land is limited as three-quarters of the site, as this
area lies within the floodway and floodplain of the Cache la Poudre River.
The proposed recreational facility will be located on reclaimed lands within the Poudre River Corridor. There
are three ponds known as the Sebring Reservoir that will be utilized as part of the facility. All primitive
campsites and associated parking of vehicles, trailers and associated set equipment are located south of
these lakes outside of the FEMA designated floodway and floodplain boundary. The undeveloped site has
le cattle grazing onsite during certain periods of the year including today. As previously stated by referral,there
is an active breeding bald eagle nest located within the River Corridor which has been present for several
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