HomeMy WebLinkAbout20091000BEFORE 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-1682
APPLICANT: Ready Mixed Concrete
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Mineral
Resource Development Facilities including a Concrete Batch Plant, Recycled
Concrete and Gravel Mining, and the importation of mineral resource material
from USR-1608 Holton Lakes in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Lot B RE -1525 being part of the SE4 of Section land the NE4 of Section 12,
Ti N, R67W; together with a Non -Exclusive easement and right-of-way for
ingress and egress purposes as granted at Reception No. 02005215 and all
right of access, ingress and egress for agricultural purposes over and across
existing traveled roads delineated on Lot A of RE -835 being part of the SE4 of
Section 1, TIN, R67W of the 6th P.M., Weld County, Colorado.
LOCATION: Generally located 0.25 miles South of SH 52; 0.5 miles East of CR 23; and West
of and adjacent to CR 25 Section Line and approximately 0.5 miles North of CR
10.
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.B (CM.Goal 2) states, "Promote the reasonable and orderly development
of mineral resources." The proposed use would be compatible with surrounding properties
which include agricultural lands, river bottom lands and floodplain designated lands.
Further, Colorado State Statute § 34-1-305 addresses the preservation of commercial
mineral deposits for extraction.
(1) "After July 1, 1973, no board of county commissioners, governing body of any
city and county, city, or town, or other 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."
(2) "After adoption of a master plan for extraction for an area under its jurisdiction, no
board of county commissioners, governing body of any city and county, city, or
town, or other 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 containing a commercial mineral deposit in a manner which
would interfere with the present or future extraction of such deposit by an
extractor."
(3)
"Nothing in this section shall be construed to prohibit a board of county
commissioners, a governing body of any city and county, city, or town, or any
other governmental authority which has control over zoning from zoning or
rezoning land to permit a certain use, if said use does not permit erection of
permanent structures upon, or otherwise permanently preclude the extraction of
commercial mineral deposits by an extra tor frnr�j 19nc s .iec� S said use."
4.i., -.
2009-1000
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(4)
(5)
(6)
"Nothing in this section shall be construed to prohibit a board of county
commissioners, a governing body of any city and county, city, or town, or other
governmental authority which has control over zoning from zoning for agricultural
use, only, land not otherwise zoned on July 1, 1973."
"Nothing in this section shall be construed to prohibit a use of zoned land
permissible under the zoning governing such land on July 1, 1973."
"Nothing in this section shall be construed to prohibit a board of county
commissioners, a governing body of any city and county, city, or town, or any other
governmental authority from acquiring property known to contain a commercial
mineral deposit and using said property for a public purpose; except that such use
shall not permit erection of permanent structures which would preclude permanently
the extraction of commercial mineral deposits."
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 including
a Concrete Batch Plant, Recycled Concrete and Gravel Mining facility and the importation of
mineral resource material from USR-1608 Holton Lakes in the A (Agricultural) Zone District
The Morton Lakes Pit is proposed to be mined in conjunction with the Holton Lakes Pit [USR-
1608] approved by the Board of County Commissioners on August 22, 2007 and is
contiguous with the west property line of the Holton Lakes Pit. The Holton Lakes Pit was
conditionally approved for a Concrete Batch Plant, Recycled Concrete and Gravel Mining
facility. A condition of approval and prior to recording the plat, the applicant was required to
submit a Flood Hazard Development Permit for the proposed facility. The resultant study
determined that the entire Holton property west of the South Platte River was within the
designated Floodway of the South Platte River, and the placement of all structures
associated with mining would be disallowed as stipulated in the conditions of approval for
FHDP-516. Given the existing site conditions, the applicant, Ready Mix Concrete Company,
purchased the Morton parcel immediately to the west of the Holton property. The applicant
proposes to transport the mineral resource mined from the Holton property by conveyor to the
proposed plant site which will be relocated from Holton to the Morton property and located in
an area outside of the designated floodway of the South Platte River. Access to the Morton
property will be via the Holton access to State Highway 52 as previously approved by the
Colorado Department of Transportation.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses. The site contains agricultural lands. The proposed use would be
compatible with surrounding properties which include agricultural lands and the Lafarge
Riverbend [AmUSR-1259]; and the Ready Mixed Concrete sand and gravel operation [USR-
1608] adjacent to the southeast and east respectively; property to the north are agricultural
pasture lands; property to the south and southeast are agricultural — pasture lands and the
future Cell #6 of the Riverbend operation.
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 surrounding property is primarily agricultural in nature with a
few homes in the area. The site contains agricultural lands with the proposed use
compatible with surrounding properties which include gravel operations in the general
vicinity. State Highway 85 is approximately 0.25 miles to the east of the site. The City of
Fort Lupton in their referrals dated December 22, 2008 and January 15, 2009 requested
that the applicant consider entering into a non -binding pre -annexation agreement to be
executed following mining operations. The City states " ... that the pre -annexation
agreement is the best solution at this time considering the circumstances and although
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the property will remain in the County, annexation to the City following gravel operations will
fulfill long-term planning goals of the City."
The Colorado Historical Society [CHS] in their referral dated December 3, 2008 stated that
this area has not been intensively surveyed for cultural resources. CHS further states " .. .
although there are no historic structures or buildings within the Area of Potential Effect, there
may be buried historic and/or pre -historic cultural resources at the site." Planning Staff
believes that, with the endorsement of the Conditions of Approval, contained in this
recommendation, the approval of this use will not jeopardize the health, safety and welfare of
the surrounding property owners.
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 #080266-0981C dated September 28, 1982 for the Floodplain
and FIRM Community Panel Map #080266-0012 dated September 28, 1990 for the
Floodway. Flood Hazard Development Permits will be required for all structures in the
Floodplain, however, no permanent structures or stockpiling of materials are permitted in the
Floodway. Building Permits issued on the Lots 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 property to be mined
contains no "Prime" agricultural lands, thus, no prime farm land will be taken out of
production with this proposal. The subject site is primarily classified as other land as
delineated on the Important Farmlands of Weld County map, dated 1979. Section 22-5-
80A.1.CM.Policy 1.2. 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.
H. Section 23-4-250 -- Additional requirements for Open -mining has been addressed through
this application and the Development Standards will insure 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.
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 USR-1682. (Department of Planning Services)
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B. The on site parking, site access, site circulation, site entrance and exit lane requirements and
auxiliary lanes as approved by the Department of Public Works, CDOT and the Department
of Planning Services. (Department of Planning Services)
C. The location of the overburden, topsoil, concrete, and materials stockpiles shall be shown on
the Extraction Plan map. The location of all of the conveyors shall also be shown on the
Extraction Plan map. (Department of Public Works)
D. The location of any on -site signs. (Department of Planning Services)
E. The approved Landscape, Screening, & Berm Plan. (Department of Planning Services)
F. Oil and Gas encumbrances including gathering lines with appropriate setbacks shall be
delineated on the plat. (Department of Planning Services)
G. Setbacks to the mining operation are measured from the right-of-way or future right-of-way
lines plus the standard setback of 20 feet in the agricultural zone district. No structure will be
allowed in the future right-of-way. A slurry wall or retaining wall is considered a structure.
(Department of Public Works)
H. State Highway 52 requires two hundred (200) feet at full buildout. A total of one hundred
(100) feet from the centerline of State Highway 52 shall be delineated right-of-way on the plat.
This road is maintained by CDOT. (Colorado Department of Transportation)
State Highway 52 requires auxiliary lanes for ingress and egress for the mining operation
having a design speed limit of 55 MPH. Appropriate lengths meeting the minimum CDOT
requirement shall be delineated on the plat. (Colorado Department of Transportation)
J. All maps submitted for the case file and also for recording shall be signed and dated and
stamped by a professional engineer licensed to practice in the State of Colorado.
(Department of Public Works)
K. United Power requires a ten (10) foot easement around the parcel's perimeter for future utility
requirements. (United Power)
L. Xcel Energy maintains a recorded easement for the 230,000 kV Transmission Line that
crosses this mining operation. The easement and/or associated right-of-way shall be
delineated on the plat. (Xcel Energy, Public Service of Colorado)
M. All future and existing County Roads shall be delineated on the plat including their existing
and future right-of-way. (Department of Planning Services)
N. The delineation of the Floodway and Floodplain areas shall be delineated on all plats.
(Department of Planning Services)
O. All easements associated with any irrigation ditch or conveyor of water across and through
the parcels of land associated with the Morton Lakes and Holton Lakes mineral resource
development facilities. (Department of Planning Services)
P. Delineate the thirty (30) foot wide by unknown length ingress and egress easement across
the Holton parcel permitted for the mining of gravel (USR-1608), to lands associated with the
Morton Lakes parcel. (Department of Planning Services, Department of Public Works)
2. Prior to recording the plat:
A. The applicant shall submit a Landscape Plan identifying the number, size and species of
all plant material to the Weld County Planning Department for review and approval. This
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plan shall include specifications of any proposed berms, if required and, or permitted given
the floodplain and floodway designation. The proposed berms will be extended to mitigate
impacts to surrounding properties. The applicant shall use breaks in the berm with
landscaping to fill the void, culverts, or some other method that will allow water to flow freely.
(Department of Planning Services)
B. The applicant shall address the requirements of the Department of Public Works, as stated in
their referral responses dated December 16, 2008. Unresolved issues include the approach
access to SH 52; a current Traffic Study; a Drainage Report that addresses off -site flows and
an approved Flood Hazard Development Permit. Evidence of approval with all conditions
met or mitigated shall be submitted in writing to the Department of Planning Services.
(Department of Planning Services)
C. The applicant shall address the requirements of the Department of Building Inspection, as
stated in their referral response dated December 15, 2008. Evidence of approval with all
conditions met or mitigated shall be submitted in writing to the Department of Planning
Services. (Department of Planning Services)
D. The applicant shall address the requirements of the Department of Public Health and
Environment, as stated in their referral response dated December 31, 2008. Evidence of
approval with all conditions met or mitigated shall be submitted in writing to the Department of
Planning Services. (Department of Planning Services)
E. The applicant shall attempt to address the requirements of the Department of Natural
Resources, Division of Wildlife, as stated in their referral response dated December 17;
2008. Evidence of applicant's attempt to address the requirements shall be submitted in
writing to the Department of Planning Services. (Department of Planning Services)
F. The applicant shall address the comments of the City of Fort Lupton, as stated in their
referral response dated December 22, 2008 and January 15, 2009. Evidence of same
understanding shall be submitted in writing to the Department of Planning Services.
(Department of Planning Services).
G. 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.A OG.Policy 1.1 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.B.8 OG.Policy 2.8 of the Weld County Code also states "oil and gas drilling activities
should be planned to accommodate current and future surface activities to the extent such
development can be reasonably anticipated" The applicant shall either submit a copy of an
agreement with the property's mineral owner/operators (Anadarko Petroleum Corporation on
behalf of its subsidiary Kerr-McGee Oil & Gas Onshore LP) 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)
H. The State of Colorado, Division of Water Resources in their referral dated December 1, 2008
states, "A substitute Water Supply Plan (SWSP) or court approved augmentation plan must
be obtained to replace the depletions caused by the operation. In addition, the applicant will
be required to re -permit the existing well prior to using the well for the proposed commercial
uses at the site and the applicant must obtain a well permit for the proposed gravel pit pond
prior to exposing ground water at the site." Further, the existing permitted commercial well,
permit no. 279050 can not be utilized as proposed for the sand and gravel washing and
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processing, dust control, and ready mixed concrete production until such time as the well
owner obtains a court approved augmentation plan or substitute water supply plan for the well
and the well is re -permitted for these uses. Evidence of approval with all conditions met or
mitigated from the Division of Water Resources shall be submitted to the Department of
Planning Services. (Department of Planning Services)
The applicant shall address the requirements (concerns) of the United States Army Corps of
Engineers, as stated in their referral response dated December 3, 2008. Evidence of
approval with all conditions met or mitigated shall be submitted in writing to the Department of
Planning Services. (Department of Planning Services)
J. The applicant shall address the requirements (concerns) of Lupton Bottom Ditch Company,
as stated in the referral response dated December 22, 2008. Evidence of a working
agreement shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
K. The applicant shall submit a Flood Hazard Development Permit to the Department of Public
Works for review and evaluation within 180 days of Board of county Commissioners
Resolution. Evidence from the Department of Public Works that the application has been
conditionally approved shall be provided to the Department of Planning Services.
(Department of Planning Services)
L. The applicant shall provide a detailed drawing of the access points showing entrance and exit
lanes with adequate turning radiuses, small paved parking lot to accommodate customers,
circulation pattern on the immediate area including employee parking, truck parking area
etcetera. Evidence from the Department of Public Works that the application has been
conditionally approved shall be provided to the Department of Planning Services.
(Department of Planning Services)
M. Evidence shall be provided to the Department of Planning Services that all vehicles located
on the property must be operational with current license plates, or be screened from all
adjacent properties and public rights of way, or be removed from the property. All other items
considered to be part of a noncommercial junkyard must also be removed from the property
or screened from adjacent properties and public rights -of -way. Evidence of approval shall be
submitted in writing to the Department of Planning Services. (Department of Planning
Services)
N. The applicant shall address the requirement (concerns) of the Weld County Building
Department, as stated in their referral response dated December 15, 2008. Evidence of
approval with all conditions met or mitigated shall be submitted to the Department of Planning
Services. (Department of Planning Services)
O. The applicant shall provide to the Weld County Department of Planning Services a copy of
the access permit and the Notice to Proceed letter issued by the Colorado Department of
Transportation (CDOT) which grants access to State Highway 52, or written evidence that the
applicant has complied with the requirements of the Colorado Department of Transportation
(CDOT). (Department of Planning Services)
P. 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. Evidence of approval shall be submitted to the
Department of Planning Services. (Department of Public Health and Environment)
Q. The applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health & Environment.
Evidence of approval shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
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R. The applicant shall provide a detailed design and operation plan for the truck washout area.
The washing area shall be designed and constructed to capture all effluent and prevent any
discharges in accordance with the Rules and Regulations of the Water Quality Control
Commission and the Environmental Protection Agency. Evidence of approval shall be
submitted to the Department of Planning Services. (Department of Public Health and
Environment)
S. 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. (Department of Public Health and
Environment)
T. 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. Evidence of approval shall be submitted to the Department of Planning
Services. (Department of Public Health and Environment)
U. The applicant shall submit evidence to Environmental Health Services, Weld county
Department of Public Health & Environment Department as well as the Department of
Planning Services, from the Colorado Division of Water Resources, demonstrating that the
well is appropriately permitted for the commercial use. Evidence of approval shall be
submitted to the Department of Planning Services. (Department of Public Health and
Environment)
V. In the event the facility's water system serves more 25 persons on a daily basis the water
system shall comply with the Colorado Primary Drinking Water Regulations (5 CCR 1003-1).
Evidence shall be provided to the Weld County Department of Public Health and
Environment that the system complies with the Regulations. Evidence of approval shall be
submitted to the Department of Planning Services. (Department of Public Health and
Environment)
W. 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 approval shall be submitted to the
Department of Planning Services. (Department of Public Health and Environment)
X. 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. Alternatively, the
applicant can provide evidence from the EPA that they are not subject to EPA Class V
requirements. (Department of Public Health and Environment)
Y. In the event that one (1) or more acres are disturbed during the construction and
development of the 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 and Environment)
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Z. The applicant shall submit drawings that delineate the incorporation of the Holton Lakes Mine
Permit, M2007-008, and the Morton Lakes Mine Permit M2008-082 specific for the
Extraction, Reclamation, Landscape and Screening Plans to the Department of Planning
Services. (Department of Planning Services)
AA. The applicant shall submit all drawings associated with the Holton Lakes Mine Permit,
approved by the Board of County Commissioners on August 22, 2007 under USR-1608 and
pay the applicable recording fees. (Department of Planning Services)
AB. The applicant shall submit a minimal Noise Plan. Noise will be restricted to the level allowed
in the industrial zone district. In addition, berms, conveyors, and shroud covers could be
installed to limit noise impacts. Evidence of approval with all conditions met or mitigated shall
be submitted in writing to the Department of Planning Services. (Department of Public Health
and Environment)
3. Prior to the release of the Grading Permit:
A. The applicant shall complete an Improvements Agreement according to policy regarding
collateral for improvements and post adequate collateral for all required materials. The
agreement and form of collateral shall be reviewed by County Staff and accepted by the
Board of County Commissioners prior to recording the USR plat; or, the applicant may submit
evidence that all the work has been completed and approved by County staff. (Department of
Planning Services)
4. Prior to Operation:
A. A building permit application must be completed and two complete sets of plans including
engineered foundation plans bearing a wet stamp of a Colorado registered architect of
engineer must be submitted for review. A geotechnical engineering report performed by a
registered State of Colorado engineer shall be required. (Department of Building Inspection)
B. A plan review shall be approved and a permit must be issued prior to the start of
construction. (Department of Building Inspection)
C. The access road shall be paved a minimum of five hundred feet in length with asphalt,
concrete, or the equivalent from County State Highway 52 into the site. Two cattle guards
must be installed back to back at the end of the pavement. (Department of Public Works)
D. Access to State Highway 52 shall be paved with adequate turning radiuses a minimum of
sixty feet in width to accommodate two-way traffic and match the existing grade to
accommodate heavy truck hauling. (Department of Public Works)
E. The applicant shall install a stop sign at the exit of the pit approach onto State Highway 52.
Also required will be additional speed limit signs on the designated haul route from the facility.
(Department of Public Works)
F. The applicant shall provide evidence of an approved Flood Hazard Development Permit from
the Department of Public Works to the Department of Planning Services. (Department of
Planning Services)
G. The applicant shall submit evidence of amendment approval from the State of Colorado
Division of Mining Reclamation Safety to the Department of Planning Services for both the
Holton Lakes Mine Permit, M2007-008, and the Morton Lakes Mine Permit M2008-082.
(Department of Planning Services)
H. The applicant shall submit evidence of a recorded ingress and egress easement across
lands permitted under USR-1608 for a mineral resource development for vehicular ingress
and egress to the Morton Lakes facility. (Department of Planning Services)
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The western access to the Morton property shall be blocked or gated to prevent access to the
property. The access can remain for emergency access only. Gate shall be signed as
emergency access only. (Department of Public Works)
J. The applicant shall provide a copy of the approved NPDES permit and the approved SW WP
plan to the Department of Planning Services. (Department of Public Works)
K. The applicant shall perform an assessment to determine if prairie dogs are present in the
western most area of the permit boundary, as they often migrate to new areas with the onset
of development. If present euthanize or relocate before construction begins. Further should
construction commenced between March 15 and October 31, survey property for burrowing
owls, a State listed threatened species. Evidence of approval with all conditions met or
mitigated shall be submitted in writing to the Department of Planning Services. (Division of
Wildlife)
L. The applicant shall submit evidence that a commercial well permit has been approved for this
location. A potable water supply is proposed from a commercial water service, as this is not
temporary of seasonal, a permanent water supply is required. The commercial well may be
sufficient for a potable water source. Evidence of approval with all conditions met shall be
submitted in writing to the Department of Planning Services. (Department of Public Health
and Environment)
5. Prior to issuance of the Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed Office/Weigh Station and
shall be installed according to the Weld County Individual Sewage Disposal Regulations.
Evidence of approval shall be submitted in writing to the Department of Planning Services.
(Department of Public Health and Environment)
B. In the event the applicant intends to utilize the existing septic system, 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. . Evidence of approval shall be submitted in writing to
the Department of Planning Services. (Department of Public Health and Environment)
6. The Special Review activity shall not occur nor shall any building 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. The attached Development Standards for the Special Review Permit shall be adopted and placed on
the Special Review Plat prior to recording. The completed plat shall be delivered to the Weld County
Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's
Office within 60 days of approval by the Board of County Commissioners. (Department of Planning
Services)
8. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not
be recorded within the required thirty (30) 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 Nick Berryman.
Resolution USR-1682
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VOTE:
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For Passage Against Passage
Robert Grand
Doug Ochsner
Erich Ehrlich
Mark Lawley
Nick Berryman
Absent
Bill Hall
Roy Spitzer
Paul Branham
Abstain
Tom Holton
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 April 7, 2009.
Dated the 7th of April, 2009. naitrtkintKristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Ready Mixed Concrete Company - Morton Lakes
USR-1682
• 1. A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development
including a Concrete Batch Plant, Recycled Concrete and Gravel Mining facility and the importation of
mineral resource material from USR-1608 Holton Lakes 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 "waste handling plan". (Department of Public
Health and Environment)
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7. The applicant shall comply with all provisions of the Underground and Above Ground Storage
Tank Regulations (7 CCR 1101-14). (Department of Public Health and Environment)
8. The truck washing area 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 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. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility.
(Department of Public Health and Environment)
12. Sewage disposal for the facility shall be by septic system. 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)
13. 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. (Department of Public Health and
Environment)
14. Bottled water shall be provided to employees at the temporary locations of the working face at all
times. (Department of Public Health and Environment)
15. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
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16. If applicable, the water system shall comply with the requirements for a community water system
as defined in the Primary Drinking Water Regulations (5 CCR 1003-1). (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. (Department of Public Health and
Environment)
18. All 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. If applicable, the applicant shall obtain a storm water 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
Minerals and Geology. (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. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly identify the
boundaries of the site. (Department of Planning Services)
23. Lighting provided for security and emergency night operation on the site shall be designed so that the
lighting will not adversely affect surrounding property owners in compliance with Section 23-3-360.f of
the Weld County Code. (Department of Planning Services)
. 24. 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)
25. Where topsoil is removed, sufficient arable soil shall be set aside for re -spreading over the reclaimed
areas. (Department of Planning Services)
26. 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 Public Works)
27. The main access is from State Highway 52. Sand and gravel materials excavated on the Holton
Lakes property (USR-1608) will be transported by conveyors to the main plant area at Morton Lakes.
(Department of Public Works)
28. 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 a velocity increases, diversions, concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
29. The site must take into consideration storm water capture/quantity and provide accordingly for best
management practices. (Department of Public Works)
•
30. If any work associated with this project requires the placement of dredge or fill material, and any
excavation associated with a dredged or fill project, either temporary or permanent, in waters of the
United States which may include streams, open water lakes and ponds or wetlands at this site, the
Department of the Army, Corps of Engineers shall be notified by a proponent of the project for proper
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department of the Army permits or changes in permit requirements pursuant to Section 404 of the
Clean Water Act. (Department of Planning Services)
31. The landscaping on site shall be maintained in accordance with the approved Landscape, Screening
and Berm Plan. (Department of Planning Services)
32. A building permit shall be obtained prior to the construction or placement of any structure such as a
scale, concrete and asphalt plant, office, concrete casting facility, recycling plant, office trailer 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. (Department of
Building Inspection)
33. A plan review is required for each building for which a building permit is required. Plans shall bear the
wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required
when applying for each permit. (Department of Building Inspection)
34. Buildings shall conform to the requirements of the current building regulations that have been adopted
at time of building permit application, or the 2006 International Building Code and Chapter 29 of the
Weld County Code, as amended. (Department of Building Inspection)
35. Each structure set on a foundation will require an engineered foundation based on a site -specific
geotechnical report or an open hole inspection performed by a Colorado registered engineer.
Engineered foundations shall be designed by a Colorado registered engineer. (Department of
Building Inspection)
36. Building wall and opening protection and limitations and the separation of buildings of mixed
occupancy classifications shall be in accordance with the Building Code. Setback and offset
distances shall be determined by the Weld County Code. (Department of Building Inspection)
• 37. Building height shall be measured in accordance with the Building Code for the purpose of
determining the maximum building size and height for various uses and types of construction and to
determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code.
Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to
determine compliance with offset and setback requirements. Offset and setback requirements are
measured to the farthest projection from the building. (Department of Building Inspection)
•
38. A Flood Hazard Development Permit shall be submitted for all buildings, stockpiling and berming in
the 100 -year flood plain. (Departments of Building Inspection and Planning Services)
39. 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)
40. 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)
41. Should human remains be discovered during mining activities, the requirements under State law
C.R.S. part 13 apply and must be followed. (Colorado Historical Society, Department of Planning
Services)
42. The number of employees associated with the daily operations is limited to 15 persons per shift.
(Department of Planning Services)
43. The applicant shall operate in accordance with the approved "Noise Control Plan", at all times.
(Department of Public Health and Environment)
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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.
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)
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one wished to speak.
The Chair asked the members of the Planning Commission if they wish to pull this item from consent to be
heard. No one wished to speak.
CASE NUMBER: 4TH AMUSR-552
APPLICANT: Duke Energy Field Services
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Fourth Amended Use by Special Review
Permit for a Mineral Resource Development Facility for Oil and Gas Support and
Service, including a Natural Gas Processing Facility, in the A (Agricultural) Zone
District.
LEGAL DESCRIPTION: land150wide, fibeing 75 feet each side of cen centerline n portion
Lot A B of RE -614 (located in part of the W2SE4) lineocated stripof
in part of the
150
W2SE4 both in Section 28, T6N, R65W of the 6th P.M., Weld County, Colorado.
LOCATION: I/2 mile north of CR 64; approximately 1/8 mile west of CR 43
The Chair asked Mr. Ogle if he wishes for this case to remain on consent. Mr. Ogle replied yes.
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 members of the Planning Commission if they wish to pull this item from consent to be
heard. No one wished to speak.
CASE NUMBER: USR-1682
APPLICANT: Ready Mixed Concrete
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Mineral
Resource Development Facilities including a Concrete Batch Plant, Recycled
Concrete and Gravel Mining, and the importation of mineral resource material
from USR-1608 Holton Lakes in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Lot B RE -1525 being part of the SE4 of Section land the NE4 of Section 12,
T1N, R67W; together with a Non -Exclusive easement and right-of-way for
ingress and egress purposes as granted at Reception No. 02005215 and all
right of access, ingress and egress for agricultural purposes over and across
existing traveled roads delineated on Lot A of RE -835 being part of the SE4 of
Section 1, Ti N, R67W of the 6th P.M., Weld County, Colorado.
LOCATION: Generally located 0.25 miles South of SH 52; 0.5 miles East of CR 23; and West
of and adjacent to CR 25 Section Line and approximately 0.5 miles North of CR
10.
Tom Holton wished to recuse himself from Case USR-1682 as his family is involved in USR-1608. He
also requested that an individual vote be taken of the Planning Commissioners for the consent agenda.
The Chair asked Mr. Ogle if he wishes for this case to remain on consent. Mr. Ogle replied yes.
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 members of the Planning Commission if they wish to pull this item from consent to be
heard. No one wished to speak.
CASE NUMBER: USR-1690
APPLICANT: HP Farms Holding LLC
PLANNER: Jacqueline Hatch
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for an Oil
and Gas Production Facility in Pioneer Communities PUD with Commercial,
Residential, Open Space, Agricultural, Schools, Parks and Water, and
Wastewater Storage Zone Districts.
LEGAL DESCRIPTION: Part of SE4 being in Section 12, T2N, R65W of the 6th P.M., Weld County,
Colorado.
LOCATION: West of CR 49 and north of and adjacent to CR 22.
EXHIBIT
2
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