HomeMy WebLinkAbout20083097.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Mark Lawley,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-1671
APPLICANT: Weld County
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part NE4 of Section 33,T6N, R66W of the 6th P.M.,Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for Open Pit
Mining and Materials Processing(dry mining),subject to the provisions of Article
IV, Division 4 of this Chapter in the A(Agricultural)Zone District.
LOCATION: West of and adjacent to 59th Ave and approximately 1/4 mile south of 0 Street.
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, is classified
as F-1 (floodplain — relatively clean and sound). The application materials indicated that
• approximately 3 to 17 feet of sand and gravel resources underneath less than 1 foot to 8 feet
of overburden topsoil is located on the site.
Section 22-5-80.8(CM.Goal 3)states, "Minimize the impacts of surface mining activities on
surrounding land uses, roads and highways."
The applicant shall submit a landscaping and screening plan that specifically address
screening and buffering of adjacent properties. The nearest residences are located
approximately 500 feet to the west, northwest and southwest of the proposed mining
operation. The nearby residences located to the southwest of the facility are located on a
bench overlooking the site. The ability to screen the facility from these residences will
therefore be limited.
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.
Sand & gravel processing equipment and stockpiles will be located at the bottom of the
mining pit as soon as mining allows thus reducing visual and noise impacts to surrounding
properties.
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(Dry Mining)in the A(Agricultural)
• Zone District.
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. . 2008-3097
Resolution USR-1671
Weld County
Page 2
C. Section 23-2-220.A.3-- The uses which will be permitted will be compatible with the existing
• surrounding land uses.
The nearest residences are located approximately 500 feet to the west, southwest and
northwest of the proposed mining location. Residences to the southwest are located to the
southwest of the site on an elevated bench overlooking the property.Single family residences
not located within platted subdivisions are located approximately % mile to the northeast
(across 59th Avenue)and'%-1/8 mile to the south and southwest of the site.The Forest Glen
at Kelly Farm and Hunters Cove subdivisions are located approximately % mile to the
southeast and south of the proposed mining boundary.Northridge Estates(platted but not yet
built) is located approximately 1/8 mile to the south of the site. The JB Acres subdivision is
located immediately to the southwest on a bench overlooking the proposed mining parcel.
Industrial uses are located to the north of the site (adjacent to O Street).
The application materials indicate sand&gravel processing equipment and stockpiles will be
located at the bottom of the mining pit to reduce visual and noise impacts to surrounding
properties.The Department of Planning Services is requiring a landscape plan be submitted
addressing the buffering and screening of the property from surrounding residences by the
use of berms and plant materials. It should be noted that residences immediately to the south
of the site are located on a bench overlooking the site. Therefore the ability to screen the
operation from these residences will be limited.
Sand & gravel processing equipment and stockpiles will be located at the bottom of the
mining pit as soon as mining allows thus reducing visual and noise impacts to surrounding
properties. The Department of Planning Services is also requiring the applicant to locate the
processing equipment towards the center of the property at the commencement of mining
operations until the processing equipment can be located at the bottom of the mining pit.
• 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.
This mining location is within the urban growth boundary area and 3-mile referral area for the
City of Greeley.The City of Greeley, in their referral received September 30, 2008 indicated
they can recommend approval of the project provided the following comments are
satisfactorily addressed:
*Appropriate measures to mitigate noise from adjacent residential subdivisions.
* The Sheep Draw Trail will traverse the site. The applicant shall indicate how the
trail will be taken into account during mining periods.
* Proper permitting shall be obtained from Union Colony Fire and Rescue Authority
for any fuel tanks or propane tanks to be used on site.
*The proposed slurry wall shall be located a minimum of 25-feet from the edge of
the sanitary sewer easement to allow for accessibility to the sewer line and to ensure
stability of the sewer line.
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. Building Permits issued will be
• required to adhere to the following fees.
Resolution USR-1671
Weld County
Page 3
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 irrigated non-prime with a portion of the site in the
southeast portion of the site defined as prime agricultural 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.
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.
• 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.B 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.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. (Department of Planning Services)
B. The applicant shall attempt to address the conditions of the City of Greeley as stated in their
referral response dated September 30, 2008.Written evidence of such shall be provided to
the Department of Planning Services. (City of Greeley)
C. The applicant shall address the request of the Department of Planning Services(Landscape
Referral) dated August 29, 2008. Written evidence of such shall be provided to the
Department of Planning Services. (Department of Planning Services)
• D. The applicant shall submit a detailed signage plan to the Department of Planning Services in
compliance with the Weld County Code. (Department of Planning Services)
Resolution USR-1671
Weld County
Page 4
E. 59th Avenue 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 the documents creating the right-of-way. All setbacks shall be measured
from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be
dedicated. 59th Avenue is maintained by the City of Greeley.Any existing and/or future right-
of-way required by the City of Greeley shall be indicated on the plat. (City of Greeley)
F. 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)
G. The applicant shall address the requirements(concerns)of the Department of Public Works,
as stated in their referral response dated September 19,2008. Evidence of approval shall be
submitted in writing to the Department of Planning Services. (Department of Planning
Services)
H. The applicant shall complete all proposed improvements including those regarding access
improvements or enter into 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. (Departments of Public
Works and Planning Services)
The applicant shall address the requirements (concerns) of the Department of Natural
Resources, Division of Water Resources, Office of the State Engineer, as stated in their
referral response received September 17, 2008. Evidence of approval shall be submitted in
• writing to the Department of Planning Services. (Department of Planning Services)
J. The applicant shall provide a written agreement with the Greeley Number 3 canal Company
in regards to use of the headgate and the proposed relocation of the existing ditch in phase II.
(Department of Planning Services)
K. 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. A
copy of the permit application shall be submitted to the Environmental Health Services,
Weld County Department of Public Health & Environment. Alternately, the applicant can
provide evidence that they are not subject to this requirement. (Department of Public
Health and Environment)
L. 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:
M.
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). (Department of Public Health and
Environment)
•
Resolution USR-1671
Weld County
Page 5
N. The applicant shall submit a dust abatement plan for review and approval, to
• Environmental Health Services, Weld County Department of Public Health &
Environment. Evidence of Health Department approval shall be provided to the
Department of Planning Services. (Department of Public Health and Environment)
O. The applicant shall submit a noise control plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health &
Environment. Evidence of Health Department approval shall be provided to the
Department of Planning Services. (Department of Public Health and Environment)
P. Submit documentation to the Environmental Health Services Division of the Weld County
Department of Public Health & Environment indicating that a permanent water source is
available. Evidence of such shall be provided to the Department of Planning Services.
(Department of Public Health and Environment)
Q. 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 and Environment)
R. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR-1671. (Department of Planning Services)
2. The location and size of any on-site signs. (Department of Planning Services)
3. The approved Landscape and Screening Plan. (Department of Planning Services)
• 4. 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)
5. Oil and Gas encumbrances including gathering lines with appropriate setbacks shall
be delineated on the plat. (Department of Planning Services)
6. Section 23-3-250.A.6 of the Weld County Code addresses the issue of trash
collection areas. Areas used for storage or trash collection shall be screened from
adjacent public rights-of-way and all adjacent properties. These areas shall be
designed and used in a manner that will prevent wind or animal scattered trash.
(Department of Planning Services)
7. Add the edge of the sanitary sewer easement line to the "TYPICAL MINING
SECTION".The proposed slurry wall shall be a minimum of 25-feet from the sanitary
sewer easement line. (City of Greeley)
8. 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
Planning Services)
9. 59t° Avenue 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 the documents creating the right-of-way.The
applicant shall verify the proposed right-of-way and the documents creating the right-
• of-way. All setbacks shall be measured from the edge of future right-of-way. If the
right-of-way cannot be verified, it shall be dedicated. 59th Avenue is maintained by
the City of Greeley. (Department of Public Works)
Resolution USR-1671
Weld County
Page 6
10. Access to 59th Avenue shall be an all-weather surface with adequate 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 which ever is less. (Department of Public Works)
2. Prior to issuance of the Certificate of Occupancy for the employee office:
A. An individual sewage disposal system is required for the proposed employee office and shall
be installed according to the Weld County Individual Sewage Disposal Regulations. Please
note,the lot owners shall verify with the nearest Town/City or Sanitation District to determine
the location of the nearest sewer line. In accordance with the Weld County Code, if a sewer
line exists within 400 feet of the property and the sewer provider is willing to serve the
proposed structure, a septic permit cannot be granted by the Weld County Department of
Public Health and Environment. (Department of Public Health and Environment)
3. 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)
4. Prior to construction:
A. The applicant shall submit plans for the office/scalehouse to the Union Colony Fire/Rescue
Authority for review and approval. (Union Colony Fire/Rescue Authority)
B. 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)
5. Prior to Operation:
A. The applicant shall submit an approved Air Pollution Emission Notice (A.P.E.N.)and
Emissions Permit from the Air Pollution Control Division, Colorado Department of Health
and Environment, if applicable. Evidence of such shall be provided to the Department of
Planning Services and Department of Public Health and Environment. (Department of
Public Health and Environment)
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 1.above the applicant shall submit a Mylar plat along with all other documentation
required as Conditions of Approval.The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat
and additional requirements shall be submitted within thirty(30) days from the date of the Board of
County Commissioners resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
8. 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)
Resolution USR-1671
Weld County
Page 7
• 9. 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 Roy Spitzer.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Doug Ochsner
Erich Ehrlich
Roy Spitzer
Paul Branham
Mark Lawley
Nick Berryman
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 November 4, 2008.
Dated the 4th of November, 2008.
�✓WJ
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Sheep's Draw Gravel Pit-Weld County
USR-1671
• 1. A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development
Facility including Open Pit Gravel Mining and materials processing(Dry Mining)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. The applicant/landowner shall provide a written agreement regarding the relocation of the existing gas
pipeline with the gas company operating the pipeline prior to the commencement of mining in phase
III. (Department of Planning Services)
4. 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)
5. 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 d. (Department of Public Health and
Environment)
6. 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)
• 7. The applicant shall operate in accordance with the approved "waste handling plan" at all times.
(Department of Public Health and Environment)
8. 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)
9. 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)
10. 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)
11. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in Section 14-9-30 of the Weld County Code.The facility shall operate in accordance with
the approved "noise control plan"at all times. (Department of Public Health and Environment)
12. A permanent, adequate water supply shall be provided for drinking and sanitary purposes for the
employee office. (Department of Public Health and Environment)
13. Adequate handwashing and toilet facilities shall be provided for all personnel located at or entering the
facility. (Department of Public Health and Environment)
14. 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)
• 15. Portable toilets may be utilized on sites that are temporary locations of the working face and where
the portable processing equipment is equipment. (Department of Public Health and Environment)
Resolution USR-1671
Weld County
Page 9
• 16. An individual sewage disposal system is required for the proposed employee office and shall be
installed according to the Weld County Individual Sewage Disposal Regulations. Please note,the lot
owners shall verify with the nearest Town/City or Sanitation District to determine the location of the
nearest sewer line. In accordance with the Weld County Code, if a sewer line exists within 400 feet of
the property and the sewer provider is willing to serve the proposed structure,a septic permit cannot
be granted by the Weld County Department of Public Health and Environment.(Department of Public
Health and Environment)
17. Bottled water shall be provided to employees at the temporary locations of the working face and
portable processing equipment at all times. (Department of Public Health and Environment)
18. The applicant shall remove, handle,and stockpile overburden, soil, sand and gravel from the facility
area in a manner that will prevent nuisance conditions. (Department of Public Health and
Environment)
19. 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)
20. The applicant shall obtain a stormwater discharge permit from the Colorado Department of Public
Health & Environment, Water Quality Control Division, as applicable. (Department of Public Health
and Environment)
21. 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)
• 22. 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.B of the Weld County Code limits the hours of operation for sand and gravel
operations to the hours of day light except in the case of public or private emergency or to make
necessary repairs to equipment. Mining and hauling hours shall occur between the hours of 6:00 AM
to 4:30 PM during summer months and between the hours of Hours of 7:00 AM to 3:30 PM during
winter months. 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 twenty(20). (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 Public Works)
Resolution USR-1671
Weld County
Page 10
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)
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 59th Avenue shall be an all-weather surface with adequate 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 which ever is less and a small paved
parking lot accompanying the facility. (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. A 40'radius is required on all accesses to public roads for accesses designed to accommodate truck
traffic. (Department of Public Works)
34. The applicant shall comply with all Colorado Department of Health and Environmental (CDPHE)
regulations regarding berming and spill prevention for materials and liquids stored on site.
(Department of Public Works)
35. The applicant shall comply with all Colorado Department of Health and Environment, Water Quality
Control Division regulations regarding storm water quality permitting and protection and construction
• storm water discharges. (Department of Public Works)
36. The applicant is required to comply with all Colorado Oil and Gas Conservation Commission
(COGCC) rules and regulations including drill pad construction, storm water controls, and
reclamation. (Department of Public Works)
37. The applicant is required to comply with Weld County Code (Section 23-5 and 23-5-260-N)
requirements for anchoring oil and gas facilities located in floodplains and floodways where
applicable. (Department of Public Works)
38. A majority of the property lies in a Special Flood Hazard Area (SFHA) defined by the Federal
Emergency Management Agency(FEMA). This SFHA is delineated on the current effective Flood
Insurance Rating Map (FIRM), panel number 0802660609C, dated 9/28/1982. Portions of lots
located in the current effective FEMA 100-yr floodplain may not be buildable. (Department of Public
Works)
39. The landscaping and screening on site shall be maintained in accordance with the approved
Landscape and Screening Plan. (Department of Planning Services)
40. A building permit application must be completed and two complete sets of plans including engineered
foundation plans bearing the wet stamp of a Colorado registered architect or 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)
41. A plan review shall be approved and a permit must be issued prior to the start of construction.
(Department of Building Inspection)
• 42. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of
permit application. (Department of Building Inspection)
Resolution USR-1671
Weld County
Page 11
43. A letter of approval from the Union Colony Fire/Rescue Authority is required prior to the issuing of
• building permits. (Department of Building Inspection)
44. A Flood Hazard Development Permit shall be submitted for buildings constructed or moved, and
stockpiles in the 100-year flood plain. (Departments of Building Inspection and Planning Services)
45. 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)
46. 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)
47. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240 of the Weld County Code.
48. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 of the Weld County Code.
49. The property owner or operator shall be responsible for complying with the Open-mining Standards of
Section 23-4-250, Weld County Code.
50. 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.
51. 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.
52. 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)
53. 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)
•
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
• Tuesday, November 4, 2008
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 1:34 p.m.
ROLL CALL ABSENT
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Doug Ochsner C,
Tom Holton r =
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Nick Berryman Paul Erich Branham Ehrlich ch f c r>°
Robert Grand < � --C3 Cr_
Bill Hall p-'r -,pa-
Mark Lawley C,. o �
Roy Spitzer co
Also Present: Chris Gathman, Kim Ogle, Brad Mueller, Department of Planning Services; Dave Snyder, Don
Dunker, Department of Public Works; Lauren Light, Troy Swain, Department of Health; Cyndy Giauque,
County Attorney, and Kris Ranslem, Secretary.
Robert Grand moved to approve the October 21,2008 Weld County Planning Commission minutes,seconded
by Bill Hall. Motion carried.
CASE NUMBER: USR-1651
APPLICANT: Jay&Sherrie Woods
• PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part of the SW4SE4 of Section 36, T6N, R66W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and Special Use Permit for any use permitted as
a Use by Right, an ACCESSORY USE, or a Use by Special Review in the
COMMERCIAL or Industrial Zone Districts, (Lawn Tree and Care Business)
provided that the property is not a Lot in an approved or recorded subdivision plat or
lots parts of a map or plan filed prior to adoption of any regulations controlling
subdivision and One (1) SINGLE-FAMILY DWELLING UNIT per LOT other than
those permitted under Section 23-3-20.A(addition of future single-family home)in
the A(Agricultural)Zone District.
LOCATION: South of and adjacent to"F"Street and 1/8 mile west of"C"Street.
Chris Gathman, Planning Services,commented that staff is requesting that this case be continued out six(6)
months to the May 5,2009 Planning Commission hearing. The applicant is having some health concerns at
this time. He added that staff cannot recommend an indefinite continuance as it is a land use violation so it
still needs to be kept open.
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 continue case USR-1651 to the May 5, 2009 Planning Commission meeting,
seconded by Roy Spitzer.
The Chair read the first item on the Consent Agenda.
— CASE NUMBER: USR-1671
APPLICANT: Weld County
• PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part NE4 of Section 33,T6N, R66W of the 6th P.M.,Weld County, Colorado. '
REQUEST: A Site Specific Development Plan and a Special Review Permit for Open Pit
Mining and Materials Processing(dry mining), subject to the provisions of Article
IV, Division 4 of this Chapter in the A(Agricultural)Zone District.
LOCATION: West of and adjacent to 59th Ave and approximately 1/4 mile south of O Street.
• The Chair asked Mr. Gathman if he wishes for this case to remain on consent. Mr.Gathman stated that staff
has received one letter of concern in regard to prairie dogs. He added that staff has not received any phone
calls or any other correspondence from surrounding property owners. Unless there are people in the audience
who object, staff recommends it stays on consent.
The Chair asked if the applicant was available and if they wish for this case to remain on consent. Dave
Bauer, Public Works, stated that he wishes for this case to remain on consent.
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 if any of the Planning Commissioners wished to pull this item from consent. No one wished
to speak.
The Chair read the next case on the Consent Agenda into record.
CASE NUMBER: USR-1659
APPLICANT: DeRoy&Cathy Turley
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review for one(1)Single-
Family Dwelling Unit Per Lot other than those permitted under Section 23-3-20.A
(Section 23-3-40.L)and any use permitted as a Use by Right,An Accessory
Use,or a Use by Special Review in the Commercial or Industrial Zone Districts,
provided that the property is not a Lot in an approved or recorded subdivision
plat or lots parts of a map or plan filed prior to adoption of any regulations
controlling subdivisions(Section 23-3-40.R)(Tank Repair,Agricultural Millwork
and a second single family dwelling unit).
LEGAL DESCRIPTION: SE4 NE4 Section 22,T6N, R62W of the 6th P.M.,Weld County,Colorado.
• LOCATION: Approximately 1/2 mile south of CR 68; East of and adjacent to CR 79.75.
The Chair asked Mr. Ogle if he wishes for this case to remain on consent. Kim Ogle, Planning Services,
stated that staff does wish for this item to remain on consent. He added that they received one letter in
support from an adjacent property owner.
The Chair asked if the applicant was here and if they wish for this to remain on consent. Mr. Ogle indicated
that they are here and wish for this case to remain on consent.
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 Planning Commissioners if they wish to pull this case from the consent agenda. No
one wished to speak.
The Chair read the third case on the consent agenda into record.
CASE NUMBER: USR-1670
APPLICANT: Northern Colorado Disposal
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Solid
Waste Disposal Site and Facility(Recycling Facility/Transfer Station)in the A
(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A of RE-449, Section 33,T6N, R66W of the 6th P.M.,Weld County,
Colorado.
LOCATION: South of and adjacent to CR 64(O Street)and west of and adjacent to 59th Ave.
Chris Gathman, Planning Services, stated that this case was listed on consent. He added that there was a
• community meeting in early October with surrounding property owners and they received positive feedback.
He indicated that there are representatives from the City of Greeley and believes that they may want to
discuss some issues on this case.
2
The Chair asked if the applicant was present and if they wish for this case to remain on consent. The
• applicant indicated that they do wish for this case to remain on consent.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Jana Easley, Planning Manager for the City of Greeley, 1100 10th St, Suite 202, Greeley. Ms. Easley
expressed appreciation for the opportunity to comment on cases within their long range growth boundary. She
added that in this case they are requesting some additional items such as landscape screening,a certain type
of fencing and some upgrades to the exterior building materials. She commented that they are requesting that
this case be pulled from the Consent Agenda to discuss these issues more in depth.
Ms. Easley indicated that the applicant did come to Greeley and visit with them earlier in the year. She added
that there are in agreement for most of the items but would like the opportunity to further solidify some of the
City's request as it relates to this site.
The Chair asked the Planning Commissioners if they would like to pull this item from the consent agenda.
Commissioner Grand asked that since the agreement has almost been reached,can we leave it in the hands
of staff to work out with the applicant and the City of Greeley.
Mr. Gathman commented that there are a couple of conditions of approval for this case already. One is a
requirement for a landscaping and screening plan. There is another condition that the applicant must attempt
to address the requirements of the City of Greeley in their referral. From a planning staff standpoint we can
deal with it either way. He added that there have already been considerable discussions between the
applicant and the City of Greeley on these issues. He asked the Commissioners to keep in mind that this is
located in the urban growth boundary for the City of Greeley. The City of Greeley did annex 59th Avenue and
now the proposed site is fairly close to the boundaries of the City of Greeley.
• Commissioner Lawley asked if the applicant and the City are working on this or if they have they come to
some kind of an agreement. If so, he would support a continuation to let them work out the details and bring it
back to us. If not, then he would support a hearing. Mr. Gathman commented that with this case it is time
sensitive. It is scheduled with the Board of County Commissioners next Wednesday, November 12th. If we
continue the case we are looking at least a couple of weeks out. He commented that the applicant and the
City of Greeley have had some discussion on these issues. He mentioned that in talking with both the
applicant and the City of Greeley he is confident that they can reach an agreement.
Commissioner Spitzer asked Mr. Gathman if he recommends hearing the case today. Mr. Gathman replied
that he would recommend hearing the case today so that it can be resolved prior to the Board of County
Commissioners hearing next week.
The Chair asked Ms. Easley if they have read the development standards for the case. Ms. Easley stated that
they have read through them. She added that comments were provided from their administrative review team
to the applicant. The response to comments on several of the items was simply stated as"Noted",which to
them didn't really say yes or no to the requested action. Therefore they are seeking a resolution to those
questions and proposed requirements, rather than just a statement of"Noted". Ms.Easley indicated that they
are just a little unclear as to whether or not the applicant has agreed to these items.
The Chair asked if the Planning Commissioners wish to pull this item from consent. Commissioner Spitzer
and Commissioner Grand wished to pull this case from the consent agenda to be heard.
Mark Lawley moved that the Consent Agenda which includes Case USR-1671 and USR-1659, be forwarded
to the Board of County Commissioners along with the Conditions of Approval and Development Standards
with the Planning Commission's recommendation of approval, seconded by Roy Spitzer.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
• Berryman, yes; Paul Branham, absent; Erich Ehrlich, absent; Robert Grand,yes; Bill Hall,yes; Mark Lawley,
yes; Roy Spitzer, yes; Tom Holton, yes; Doug Ochsner, absent. Motion carried unanimously.
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