HomeMy WebLinkAbout20100320.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: USR-1657
APPLICANT: LaFarge West, Inc
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Mineral
Resource Development Facility, including Open Pit Gravel Mining and Materials
Processing, in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: E2 SE4 Section 25; NE4 Section 36,T6N, R67W;and W2 SW4 Section 30; NW4
Section 31, T6N, R66W of the 6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to CR 64.5 and East and West of, and adjacent to CR 25.
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 ordinances in effect.
Section 22-5-80.8(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 T-4 (Stream-terrace deposits—unevaluated coarse and
fine aggregate resources) and the southern portion of the property is classified as F-1
(Floodplain and Valley-Fill Deposits—relatively clean and sound). The application materials
indicated that approximately 6 to 18 feet of sand and gravel resources underneath 3 to 9 feet
of overburden topsoil is located on the site.
Section 22-5-80.B (CM.Goal 3)states, "Minimize the impacts of surface mining activities on
surrounding land uses, roads and highways."
The application proposes to place the processing area in the northeastern portion of the site
behind a linear berm planted in herbaceous material with woody plant material to prevent
erosional processes and to create visual interest. There is one single family residence
adjacent to the northeast[Etters]and a second residential structure[Etters]to the southeast
of the plant location. Proposed access to the site will be located off of County Road 64.5
annexed in 2009 by the City of Greeley via an internal access and utility road and will be
paved for a minimum of 300-feet from the access point into the site.
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."
CM.Policy 4.1.5. Require, where possible. that batch plants and processing equipment be
buffered from adjacent uses. The processing area will be located in the northeastern portion
of the site approximately 400 feet from the nearest residence.
B. Section 23-2-220.A.2-- The proposed use is consistent with the intent of the(A)Agricultural
Zone District. Section 23-3-40.A.3 of the Weld County Code provides for a Site Specific
Development Plan and a Special Review Permit for Mineral Resource Development Facility
including Open Pit Gravel Mining and materials processing in the A (Agricultural) Zone
District.
EXHIBIT
2010-0320
USE— U$7
Resolution USR-1657
LaFarge West, Inc
Page 2
C. Section 23-2-220.43-- The uses which will be permitted will be compatible with the existing
surrounding land uses. The site is surrounded by agricultural and rural residential uses. A
reclaimed gravel mine is located to the southeast of the Parson mine and an active gravel
operation is located to the east. Development standards and conditions of approval will
ensure that the proposed operation will be compatible with existing surrounding land uses.A
landscape and screening plan addressing screening of adjacent residential properties from
the proposed gravel mining operation is an attached condition of approval for this case.
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 proposed site is located within the 3-mile referral areas of the City of
Greeley, Town of Severance and Town of Windsor.The proposed site is also located within
the urban growth boundary of the Town of Windsor. The Town of Severance, in their referral
response dated May 28,2008, indicated no conflicts with their interests.The City of Greeley,
in their referral response dated June 19, 2008, indicated with proper environmental mitigation
and reclamation techniques along with appropriate right-of-way dedication the City of Greeley
could recommend approval of this application. The Town of Windsor, in their referral
response dated June 12, 2008, recommended approval of the application subject to the
conditions that the applicant dedicate additional rights-of-way along County Roads 64.5,and
a future conceptual right-of-way alignment of 140 feet, 70 feet each side of centerline(County
Road 64)for the future alignment and connection to Crossroads Boulevard/'O" Street and
dedicate the right-of-way for Crossroads Boulevard/O Street. Further,the Board of County
Commissioners has adopted an alignment for County Road 64, "O" Street which traverses
through this property.
E. Section 23-2-220.A.5-- The application complies with Section 23-5-230 of the Weld County
Code. The proposal is located within the Flood Hazard Overlay District area as delineated on
FIRM Community Panel Map 080266 1529E and 1529E dated June 10, 2005. A Flood
Hazard Development Permit will be required prior to operation, as no structures will be
allowed in the floodway, and structures will be allowed in the floodplain only with an approved
Flood Hazard Development Permit. Building Permits issued will be required to adhere to the
following fees.
Effective January 1, 2003, Building Permits issued on the subject site 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 and the Storm
water/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
F. 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 subject site is primarily
classified as"Prime"and"Irrigated Prime"land as delineated on the Important Farmlands of
Weld County map, dated 1979. Section 22-5-80A.1.CM.Policy 1.1. states"Access to future
mineral resource development areas should be considered in all land use decisions in
accordance with state law. No County governmental authority which has control over zoning
shall, by zoning, rezoning, granting a variance or other official action or inaction, permit the
use of any area known to contain a commercial mineral deposit in a manner which would
interfere with the present or future extraction of such deposit by an extractor".
G. Section 23-2-220.A.7--The Design Standards(Section 23-2-240 of the Weld County Code),
Operation Standards(Section 23-2-250 of the Weld County Code), Conditions of Approval,
and Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
Resolution USR-1657
LaFarge West, Inc
Page 3
H. Section 23-4-250--Additional requirements for Open-mining have been addressed through
this application and the Development Standards will ensure compliance with Section 23-4-
250 Weld County Code.
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.
1. The West Greeley Soil Conservation District has provided information regarding the soils on the site.
The applicant shall review the information and use it to positively manage on site soils.
The Planning Commission recommends that the following conditions of approval and development standards
be attached:
1. Prior to recording the plat:
A. Section 22-5-100.A of the Weld County Code states"oil and gas exploration and production
should occur in a manner which minimizes the impact to agricultural uses and the
environment and reduces the conflicts between mineral development and current and future
surface uses." Section 22-5-100.6 of the Weld County Code states "...encourage
cooperation, coordination and communication between the surface owner and the mineral
owner/operators of either the surface or the mineral estate." Section 22-5-100.6.1 of the
Weld County Code also states "new development should be planned to take into account
current and future oil and gas drilling activity to the extent oil and gas development can
reasonably be anticipated." 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. Surface Use Agreements have been executed with Noble
Energy Production, Inc. and Tigges Oil, LLC. Finalization of the Petro-Canada Resources,
Inc., and Blue Chip Oil, Inc., surface use agreements are pending. (Department of Planning
Services)
B. County Road 25 is a graded gravel road annexed in 2009 by the City of Greeley. The
existing right-of-way is sixty feet, thirty feet each side of centerline. All setbacks shall be
measured from the edge of future right-of-way. Access, additional right-of-way, and similar
road improvements must adhere to the City of Greeley requirements. County Road 25 is
maintained by the City of Greeley.
C. County Road 64 ("O" Street) is designated on the Weld County Road Classification Plan as
an Arterial road, which requires 140 feet of right-of-way at full build out. There is presently 0
(zero)feet of right-of-way within the USR-1657 boundary,therefore 140 feet of right-of-way to
accommodate the conceptual alignment of County Road 64 ("O" Street) right-of-way is
delineated on the plat where it traverses the Parson's Mine site. All setbacks shall be
measured from the edge of future right-of-way.
County Road 64.5 is designated on the Weld County Road Classification Plan as a collector
road, which requires 80 feet of right-of-way at full build out. The applicant shall verify the
existing right-of-way and documents creating the right-of-way. If the existing right-of-way
cannot be verified, it shall be reserved. All setbacks shall be measured from the edge of
future right-of-way. The future right-of-way shall be delineated on the USR Plat. Access,
additional right-of-way, and similar road improvements must adhere to the City of Greeley
requirements. County Road is maintained by Weld County,the City of Greeley and/or private
parties through road maintenance agreements. (Department of Public Works)
The applicant shall adequately address all comments stated in the Department of Public
Works referral dated January 11, 2010 and submit the documents to the Department of
Resolution USR-1657
LaFarge West, Inc
Page 4
Public Works. Evidence of Public Works approval must be submitted in writing to the
Department of Planning Services.
Items to be addressed include, but are not limited to:
1. An updated Final Drainage Report, and
2. An updated Flood Hazard Development Permit
3. The applicant shall enter into an Improvements Agreement (Long Term Road
Maintenance)According to Policy Regarding Collateral for Improvements(Parson Mine,
USR-1657).
F. The applicant shall provide a written and recorded ditch crossing, and/or relocation
agreement with the Whitney Ditch Company. (Department of Planning Services)
G. 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).
Evidence of Department of Public Health and Environment approval shall be provided to the
Department of Planning Services. (Department of Public Health & Environment)
H. The plat shall be amended to delineate the following:
1. Access to County Road 64.5 shall be paved for a width of not less than thirty (30)
feet and constructed with adequate turning radii of not less than 50 feet to
accommodate two-way traffic, and matching existing grade in County Road 64.5.
The pavement shall extend through the scale house/office area or 300 feet minimum
whichever is less and a small paved parking lot shall be constructed accompanying
the facility. (City of Greeley, Department of Public Works)
2. The improvements to County Road 64.5 including but not limited to turn lanes and
associated right-of-way to be obtained shall be delineated. (City of Greeley)
3. Off-street parking/loading areas, including the access to the scale house from the pit
area shall be surfaced with adequate gravel or paved and shall have adequate dust
control throughout the approach and loading areas. (Department of Planning
Services)
4. The applicant must provide written evidence from the Whitney Ditch Company of
an agreed to, appropriately sized and located easement, to accommodate their
ditch and ditch operations. This recorded Ditch easement shall be delineated on
the plat. (Department of Planning Services)
2. One Month Prior to Construction Activities:
A. A stormwater discharge permit may be required for a development / redevelopment /
construction site where a contiguous or non-contiguous land disturbance is greater than or
equal to one acre in area. Contact the Water Quality Control Division of the Colorado
Department of Public Health and Environment at www.cdphe.state.co.us/wq/PermitsUnit for
more information. (Department of Planning Services)
Resolution USR-1657
LaFarge West, Inc
Page 5
B. A Grading Permit will need to be obtained showing the proposed grading, erosion control
plans, and the stormwater discharge permit. (Department of Public Works)
C. All work in the County right-of-way will need a County right-of-way permit;and a traffic control
plan, if traffic will be impacted. (Department of Public Works)
D. All work in the City right-of-way will need a City right-of-way permit; and a traffic control plan,
if traffic will be impacted. (City of Greeley)
E. Final Construction Drawings for the County Road 64.5 road improvements must be submitted
for review and acceptance by Weld County Public Works and the City of Greeley. Written
evidence of compliance must be submitted to the Department of Planning Services.
(Department of Public Works, City of Greeley)
3. Prior to Construction:
A. A building permit shall be obtained prior to the construction or placement of any structure
such as a scale, office, and any other structures placed on the parcels. An electrical permit
will be required for any electrical service to equipment. A plot plan shall be submitted when
applying for building permits showing all structures with accurate distances between
structures, and from structures to all property lines. Note: no structures or buildings will be
allowed in the floodway. (Department of Building Inspection)
B. The applicant shall install a stop sign at the exit of the pit approach onto County Road 64.5.
(Department of Planning Services)
C. The applicant shall submit plans for the office/scale house to the Windsor-Severance Fire
Protection District for review and approval. (Windsor-Severance Fire Protection District)
D. The applicant shall provide the Department of Planning Services with an approved Colorado
Division of Water Resources Substitute Water Supply Plan or court-approved Augmentation
Plan. (Department of Planning Services)
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. Evidence of approval shall be
submitted to the Department of Planning Services and Department of Public Health and
Environment. (Department of Public Health and Environment)
F. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V
Injection Well permit from the Environmental Protection Agency (EPA) for any vehicle
maintenance facility located on the site that is equipped with a floor drain. Alternately, the
applicant can provide evidence from the EPA that they are not subject to the EPA Class V
requirements. (New EPA rule effective 4/5/2000). (Department of Public Health and
Environment)
G. The applicant shall provide the Department of Planning Services with written evidence of
approval of the final construction plans from the City of Greeley, and provide a timeline for
completion of all road infrastructure improvements associated with this facility. (Department
of Planning Services)
H. The applicant shall obtain the necessary right-of-way permits from the Department of Public
Works prior to the start of construction activities within the Weld County right-of-way.
The applicant shall obtain the necessary right-of-way permits from the City of Greeley,
Department of Engineering and the Department of Public Works prior to the start of
construction activities within the City of Greeley right-of-way.
Resolution USR-1657
LaFarge West, Inc
Page 6
J. The applicant shall enter into an Improvements Agreement for on-site and off-site
improvements and post collateral for both the on-site and off-site work according to the Policy
Regarding Collateral for Improvements. The agreement and form of collateral shall be
submitted and reviewed by the Department of Public Works and Department of Planning
Services and accepted by the Board of County Commissioners prior to construction. Or,the
applicant may submit evidence that all work has been completed and approved by the
Departments of Public Works and Planning Services. (Departments of Public Works and
Planning Services)
4. Prior to Commencement of Operations:
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, to the Weld County Departments of Public
Health and Environment and Planning Services. (Department of Public Health &
Environment)
B. The applicant shall submit evidence of an Aboveground Storage Tank permit from the
Colorado Department of Labor and Employment(CDL&E), Oil Inspection Section for any
aboveground storage tanks located on the site. Alternately, the applicant can provide
evidence from the (CDL&E), Oil Inspection Section that they are not subject to these
requirements. (Department of Public Health & Environment)
C The applicant shall submit As-Built drawings for all public road right-of-way improvements on,
CR 64.5 within the County rights-of-way. (Department of Public Works)
D. In the event that 1 or more acres are disturbed during the construction and development
of this site, the applicant shall obtain a stormwater discharge permit from the Water
Quality Control Division of the Colorado Department of Public Health and Environment.
(Department of Public Health & Environment)
E. The applicant shall complete all proposed improvements, including those regarding
landscaping and screening adjacent to the Plant Site (Phase 1A); County Road 64.5 road
improvements; access improvements; and parking lot requirements or enter into an
Improvements Agreement According to Policy Regarding Collateral for Improvements and
post adequate collateral for all required materials and work. The agreement and form of
collateral shall be reviewed by the Department of Public Works and Department of
Planning Services and accepted by the Board of County Commissioners prior to the
commencement of operations. (Department of Public Works and Department of Planning
Services)
5. Prior to issuance of the Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed office/scale house and
shall be installed according to the Weld County Individual Sewage Disposal Regulations.
(Department of Public Health and Environment)
B. The septic system is required to be designed by a Colorado Registered Professional
Engineer according to the Weld County Individual Sewage Disposal Regulations.
(Department of Planning Services)
C. The applicant shall provide evidence of a North Weld County Water District Commercial Tap
for the office, scale house and associated on site uses Evidence of approval shall be
submitted in writing to the Department of Planning Services. (Department of Planning
Services)
Resolution USR-1657
LaFarge West, Inc
Page 7
6. 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)
7. Upon completion of item number 1. above, the applicant shall submit three paper copies of the
Special Use Permit(USR-1657) plat prepared in accordance with the requirements of Section 23-2-
260.D of the Weld County Code along with all other documentation required as Conditions of
Approval to the Department of Planning Services for review and approval. (Department of Planning
Services)
8 The Mylar plat with the attached Development Standards shall be prepared and delivered to the
Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's
Office within one hundred eighty (180) days of approval by the Board of County Commissioners.
(Department of Planning Services)
9 In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005, should the plat not
be recorded within the required one hundred eighty (180) 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)
Motion seconded by Bill Hall.
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 February 2, 2010.
Dated the 2n° of February, 2010.
n
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Parsons Mine— Lafarge West, Inc.
USR-1657
1. A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development
Facility including Open Pit Gravel Mining and materials processing in the A(Agricultural)Zone District
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". (Department of
Public Health and Environment)
7. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank
Regulations(7 CCR 1101-14). Note: No tanks will be allowed in the floodway and tanks placed in the
flood fringe will have to be anchored and permitted under a Weld County Flood Hazard Development
Permit(FHDP). (Department of Public Health and Environment, Department of Public Works)
8. 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)
9. 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)
10. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment)
11. A permanent, adequate water supply shall be provided for drinking and sanitary purposes for the
office and plant site area. (Department of Public Health and Environment)
12. Adequate handwashing and toilet facilities shall be provided for employees, service people, and
company vendors. (Department of Public Health and Environment)
13. 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)
14. Portable toilets may be utilized on sites that are temporary locations of the working face and portable
processing equipment, etc. for up to six months at each location. Note: Portable toilets will not be
allowed in the floodway and will only be permitted in the flood fringe if they are anchored and
permitted under a Weld County Flood Hazard Development Permit (FHDP). (Department of Public
Health and Environment, Department of Public Works)
Resolution USR-1657
LaFarge West, Inc
Page 9
15. 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)
16. Bottled water shall be provided to employees at the temporary locations of the working face at all
times. (Department of Public Health and Environment)
17. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility
area in a manner that will prevent nuisance conditions. Note: No stockpiles will be allowed in the
floodway and will only be allowed in the flood fringe if they are permitted under a Weld County Flood
Hazard Development Permit(FHDP), and are oriented parallel to the direction of flow in the floodplain.
(Department of Public Health and Environment, Department of Public Works)
18. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and 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). (Department of Public
Health and Environment)
19. 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)
20. The operation shall comply with all applicable rules and regulations of the Colorado Division of Mining
Reclamation and Safety. (Department of Public Health and Environment)
21. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
22. 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)
23. Section 23-4-290.8 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.
(Department of Planning Services)
24. The number of employees on-site at one time shall not exceed ten (10). (Department of Planning
Services)
25. Existing trees and ground cover along public road frontage and drainage ways shall be preserved,
maintained, and supplemented, if necessary, for the depth of the setback in order to protect against
and/or reduce noise, dust, and erosion. (Department of Planning Services)
26. Where topsoil is removed, sufficient arable soil shall be set aside for re-spreading over the reclaimed
areas. (Department of Planning Services)
27. 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 Section 15-1-180. (Department of Planning Services)
28. The applicant shall submit plans for the office - scale house to Windsor/Severance Fire Protection
District for review and approval. (Windsor/Severance Fire Protection District)
Resolution USR-1657
LaFarge West, Inc
Page 10
29. The historical flow patterns and run-off 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 Public Works)
30. The site must take into consideration storm water capture/quantity and provide accordingly for best
management practices. (Department of Public Works)
31. Access to County Road 64.5 shall be paved with a 50 foot turning radiuses a minimum of 24 feet in
width to accommodate two-way traffic, match existing grade. The pavement shall extend through the
scale house/office area or 300 feet minimum whichever is less and a small paved parking lot
accompanying the facility. (City of Greeley, Department of Public Works)
32. Off-street parking/loading areas, including the access to the scale house from the pit area shall be
surfaced with adequate gravel or the equivalent and shall have adequate dust control throughout the
approach and loading areas. (Department of Public Works)
33. The landscaping and screening on site shall be maintained in accordance with the approved
Landscape and Screening Plan. (Department of Planning Services)
34. Building permits will be required for all new structures prior to construction.A demolition permit will be
required for each of the buildings that are to be demolished. Each demolition permit application will
need to include an asbestos certification letter as required by the State of Colorado. (Department of
Building Inspection)
35. A plan review is required for each building. Plans will require the wet stamp of a Colorado registered
architect or engineer. (Department of Building Inspection)
36. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of
permit application. (Department of Building Inspection)
37. Fire resistance of walls and openings, construction requirements, maximum building height and
allowable areas as well as occupancy classification will be reviewed at the plan review stage.
(Department of Building Inspection)
38. A letter of approval from Windsor Severance Fire Protection District is required prior to the issuing of
building permits. (Department of Building Inspection)
39. Weld County shall not be responsible for the maintenance of on-site drainage related features.
(Department of Public Works)
40. A Flood Hazard Development Permit shall be submitted and conditionally approved for buildings
constructed or moved, and stockpiles in the 100-year flood plain. (Departments of Building Inspection
and Planning Services)
41. If exterior lighting is a part of this facility, all light standards shall be delineated in accordance with
Section 23-3-250.6.6 of the Weld County Code. (Department of Planning Services)
42. 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)(Department of Planning
Services)
43. 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)
44. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240 of the Weld County Code.
Resolution USR-1657
LaFarge West, Inc
Page 11
45. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 of the Weld County Code.
46. The property owner or operator shall be responsible for complying with the Open-mining Standards of
Section 23-4-250, Weld County Code.
47. Personnel from the Weld County Government 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
Development Standards stated herein and all applicable Weld County regulations.
48. 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.
49. In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special Review has
not commenced from the date of approval or is discontinued for a period of three (3) consecutive
years, it shall be presumed inactive. The county shall initiate an administrative hearing to consider
whether to grant an extension of time to commence the use or revoke the Use by Special Review. If
the Use by Special Review is revoked, it shall be necessary to follow the procedures and
requirements of Division 4 of the Weld County Code in order to reestablish any Use by Special
Review. (Department of Planning Services)
50. 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. (Department of
Planning Services)
?1 C`/
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, November 3, 2009
A regular meeting of the Weld County Planning Commission was held in the Weld County Department of
Planning Services, Hearing Room, 918 10th Street, Greeley, Colorado. The meeting was called to order by
Chair, Tom Holton, at 1:30 p.m.
ROLL CALL ABSENT F.T!, c,
Tom Holton -Chair
Mark Lawley-Vice Chair
Nick Berryman
Erich Ehrlich
C'.
Robert Grand
Bill Hall
Roy Spitzer
Alexander Zauder
Jason Maxey
Also Present: Kim Ogle and Chris Gathman, Department of Planning Services; Roger Vigil and Peggy
Gregory, Building Department; Don Carroll, Department of Public Works; Lauren Light, Department of Health;
Cyndy Giauque, County Attorney, and Kris Ranslem, Secretary.
Robert Grand moved to approve the October 6,2009 Weld County Planning Commission minutes,seconded
by Erich Ehrlich. Motion carried.
The Chair read the first case into record.
CASE NUMBER: USR-1657
APPLICANT: Lafarge West, Inc
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Mineral
Resource Development Facility, including Open Pit Gravel Mining and Materials
Processing, in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: E2 SE4 Section 25; NE4 Section 36, T6N, R67W; and W2 SW4 Section 30;
NW4 Section 31,T6N, R66W of the 6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to CR 64.5 and East and West of, and adjacent to CR 25.
Kim Ogle, Planning Services, stated that the applicant is requesting a continuance of this case until February
2, 2010 to address concerns from Public Works as well as to get formal approval of their DRMS permit
through the State.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Roy Spitzer moved to continue Case USR-1657 to the February 2, 2010 Planning Commission meeting,
seconded by Bill Hall. Motion carried.
Robert Grand announced that he has a business relationship with the applicants of Case USR-1714; however
he feels that this will not adversely affect his ability to make a fair judgment.
CASE NUMBER: USR-1714
APPLICANT: Anthony & Sherry Reis(Faithfull Grooming, LLC)
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Kennel (up to 30 dogs of a non-specific breed including dog grooming, boarding,
doggie daycare, and training) in the A(Agricultural) Zone District.
LEGAL DESCRIPTION: Lot A RE-3481; located in Part of the NW4 of Section 25,T2N, R64W of the 6th m
P.M., Weld County, Colorado. 2 •
LOCATION: North of and adjacent to CR 398 and approximately 1/4 mile east of CR 59.
salaam
-02- 02olo
Michelle Martin, Planning Services, commented that the applicant and staff would like to request that this case
remain on the consent agenda.
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 read the next case into record.
CASE NUMBER: USR-1717
APPLICANT: Sandra Rakowski
PLANNER: Michelle Martin
REQUEST: A Site Specific Development Plan and Use by Special Review for a Kennel (up
to 7 dogs, 3 cats, and 3 birds)in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A of RE-2733; located in part of the S2 of Section 24,T2N, R67W of the 6th
P.M.,Weld County, Colorado.
LOCATION: North of and adjacent to CR 18 and approximately 1,100 feet east of CR 23.
Michelle Martin, Planning Services, stated that the applicant and staff would like for this case to remain on the
consent agenda.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
CASE NUMBER: USR-1657
APPLICANT: LaFarge West, Inc
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Mineral
Resource Development Facility, including Open Pit Gravel Mining and Materials
Processing, in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: E2 SE4 Section 25; NE4 Section 36,T6N, R67W;and W2 SW4 Section 30; NW4
Section 31,T6N, R66W of the 6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to CR 64.5 and East and West of, and adjacent to CR 25.
Kim Ogle, Planning Services, stated that the applicant and staff would like to request that this item remain on
the consent agenda.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Robert Grand moved to approve the Consent Agenda which includes Cases USR-1694, USR-1717,and USR-
1657 and that they are 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. Motion carried unanimously.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. Robert Grand
inquired on the status of the recommended tier structure for USRs. Mr. Ogle commented that staff has been
working on it through the process of recommending code changes. Mr. Grand asked if there is a time
estimate on those changes. Mr. Ogle replied that the changes will most likely occur in a year. Trevor Jiricek,
Planning Director, said that staff has an internal deadline of February 10, 2010 to have drafts prepared.
Nick Berryman mentioned that in a lot of cases a number of people say that we should reexamine the 500 foot
notification requirement. He asked for input from the Commissioners and staff. Mr. Ogle said that staff can
research some counties to see what they require and see if it is worthy of change. He added that 500 feet has
been the County standard for a very long time. Mark Lawley asked if it is a requirement to have a
neighborhood meeting. Mr. Ogle said that in some cases it is a strong recommendation but not a
2
Hello