HomeMy WebLinkAbout20081213.tiff RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION
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: AMUSR-1394
APPLICANT: Zadel Family LLLP
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Lots 3-7, part of Lot 11 and all of Lot 12 in Lupton Meadows
Subdivision,together with the former right of way of the Denver Larimer
and Northwestern Railroad all in Section 24,T2N, R67W of the 6th
P.M.,Weld County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for a Site
Specific Development Plan and a Special Review Permit for a Mineral
Resource Development Facility including a Concrete and Asphalt Batch
Plant, Materials Blending, Import of Materials and Gravel Mining in the
A(Agricultural)Zone District. (NCCI Pit#1)
LOCATION: North of and adjacent to CR 18 and west of and adjacent to CR 25.
SIZE: 175.63 acres, more or less.
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.A (CM Goal 1) states: "Conserve lands which
provide valuable natural mineral deposits for potential future use in accordance with state law." The
proposed mine area contains a valuable sand and gravel deposit,therefore, permitting of this site for
this use will ensure that material is available to meet future needs. Further,Section 22-5-70.A states
"The County recognizes that mineral resource extraction is an essential industry. The availability and
• cost of materials, such as sand and gravel,have an economic affect on the general construction and
highway construction industry." Permitting of this site for this use will ensure that material is available.
Section 22-5-80.6(CM.Goal 2)states,"Promote the reasonable and orderly development of mineral
resources." The proposed Use by Special Review (USR) proposes to mine additional lands as
existing mineral reserves are depleted from the current site (USR-1394). USR-1394 was approved
by the Board of County Commissioners on September 24,2003 for a Mineral Resource Development
Facility(Dry Open Pit Mining for Sand and Gravel)on 102 acres. The proposed amendment includes
an additional 73 acres of adjacent property.
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 and Section 23-3-40.A.4 of the Weld County Code provides for a Site
Specific Development Plan and a Special Review Permit for a Mineral Resource Development facility
including a Concrete and Asphalt Batch Plant, Materials Blending, Import of Materials and Gravel
Mining in the A(Agricultural)Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses. Existing land uses surrounding the property are typically agricultural and rural
residential in use. Additionally,in the area there are several Use by Special Reviews approved by the
Board of County Commissioners: north of the site is SUP-426 for a gravel mining operation, south
USR-1255 for a gravel operation,and east of the site USR-986 for an oil and gas facility. There are
fourteen (14) property owners within five hundred (500)feet of this proposed development. Weld
County has not received any letters or telephone calls from surrounding property owners. The site
was currently approved by the Board of County Commissioners on September 24,2003 for a Mineral
Resource Development Facility(Dry Open Pit Mining for Sand and Gravel) on 102 acres therefore
based on the exiting permit and the surrounding uses the proposed expansion of mining operation is
compatible with the existing land uses.
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 subject property lies t
within the three-mile referral area of the City of Fort Lupton, Town of Firestone, and the Town of m
Frederick. The City of Fort Lupton returned a referral dated 11/30/07 stating they had reviewed the
request and find no conflicts with their interests. Weld County has not received a referral from the
Towns of Firestone and Frederick regarding this proposal. Planning Staff believes that,with the
2008-1213 alloq
Resolution AMUSR-1394
Zadel Family LLLP
Page 2
• 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 #080266-0866C and 080266-0868C dated September 28, 1982. The
Department of Public Works in their referral dated 1/8/08 will require the applicant to amend FHDP-
481 if the proposed development is approved.
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 classified as"Irrigated land
not prime"and"other"as delineated on the Important Farmlands of Weld County map, dated 1979.
The applicant is not using any prime agricultural land in the proposed development.
G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code), Operation
Standards (Section 23-2-250, Weld County Code), Conditions of Approval, and Development
Standards 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.
• 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's recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1. All sheets shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
2. All sheets shall be labeled AmUSR-1394 (Department of Planning Services)
3. All existing and future oil and gas facilities, drill envelopes, and setbacks, if applicable.
(Department of Planning Services)
4. The attached Development Standards associated with this application. (Department of
Planning Services)
5. The location of any on-site signs,including all appropriate stop signs,speed limit signs,haul
route designation signs shall be posted at both entrances.(Department of Planning Services)
6. County Road 18 is classified by the County as a collector road,which requires a 80 foot right-
of-way at full build out. The applicant shall verify the existing right-of-way and the documents
creating the right-of-way.If the right-of-way cannot be verified,it shall be dedicated.The plat
shall delineate the existing right-of-way and the documents which created it along with any
additional right-of-way reservation required. (Department of Public Works)
• 7. County Road 25 is classified by the County as a local paved road,which requires a 60 foot
right-of-way at full build out. The applicant shall verify the existing right-of-way and the
documents creating the right-of-way. If the right-of-way cannot be verified, it shall be
dedicated.The plat shall delineate the existing right-of-way and the documents which created
it. (Department of Public Works)
Resolution AMUSR-1394
Zadel Family LLLP
Page 3
8. The location of all permanent structures, i.e.,scale house,truck scale,all buildings and/or
structures and known areas for "portable" machinery associated with this land use
application. (Department of Planning Services)
9. The new location of the irrigation ditch and the reception number of the ditch agreement.
(Department of Planning Services)
10. All proposed landscaping shall be located outside of the existing and future right of way.
(Department of Planning Services)
B. All septic systems located on the property shall have appropriate permits from the Weld County
Department of Public Health&Environment. The Environmental Health Division of the Weld County
Department of Public Health&Environment was unable to locate a septic permit for the residence on
the expansion parcel. Any existing septic system(s)which is not currently permitted through the Weld
County Department of Public Health & Environment will require an I.S.D.S. Evaluation prior to the
issuance of the required septic permit(s). In the event the system(s) is found to be inadequate,the
system(s) must be brought into compliance with current I.S.D.S. regulations. Evidence of the Weld
County Department of Public and Environment approval shall be submitted to the Department of
Planning Services. (Department of Public Health and Environment)
C. 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. The plat shall be amended to include any possible future drilling sites and/or
setbacks. (Department of Planning Services)
D. The applicant shall provide clarification on the status of permit SP-0300479 to the Weld County
Department of Public Health and Environment.Evidence of the Weld County Department of Public and
Environment approval shall be submitted to the Department of Planning Services. (Department of
• Public Health and Environment)
E. The applicant shall provide clarification on the status of the vault system for the scale house.Evidence
of the Weld County Department of Public and Environment approval shall be submitted to the
Department of Planning Services. (Department of Public Health and Environment)
F. The applicant shall submit a Landscape Plan identifying the number, size and species of all plant
material to the Department of Planning Services for review and approval. This plan shall include
specifications of any proposed berm's, if required.The applicant shall also provide written evidence
on how the proposed landscaping will be irrigated. (Department of Planning Services)
G. The applicant shall provide written evidence to the Department of Planning Services that all issues
involving water rights, including a water court approved plan for augmentation or substitute water
supply plan has been approved by the State of Colorado,Division of Water Resources. (Department
of Planning Services)
H. Written evidence of approval or obtaining approval from the Colorado Division of Minerals and
Geology(DMG)for a permit to mine the resource shall be submitted to the Weld County Department
of Planning Services. (Department of Planning Services)
The applicant shall enter into an Improvements Agreement according to policy regarding collateral for
improvements and post adequate collateral for all required improvements. The agreement and form
of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners
prior to recording the AmUSR plat.The improvements agreement will not be needed if the necessary
improvements are done to the satisfaction of the Department of Public Works and the Department of
Planning Services. (Department of Planning Services)
J. The applicant shall address the requirements(concerns)of Platte Valley Soil Conservation District,
as stated in the referral response dated 12/19/07. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services. (Platte Valley Soil Conservation District)
• K. The applicant shall address the requirements(concerns)of the Weld County Department of Planning
Services Landscape referral as stated in the referral response dated 12/3/07. Evidence of such shall
be submitted in writing to the Weld County Department of Planning Services.(Department of Planning
Services)
Resolution AMUSR-1394
Zadel Family LLLP
Page 4
• L. The applicant shall address the requirements (concerns)of the Weld County Department of Public
Works, as stated in the referral response dated 12/11/07 and 1/8/08. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of Public
Works)
M. The applicant shall address the requirements (concerns) of the Colorado Department of
Transportation,as stated in the referral response dated 12/3/07. Evidence of such shall be submitted
in writing to the Weld County Department of Planning Services. (Colorado Department of
Transportation)
N. The applicant shall either submit a copy of an agreement with the Sand Hill Reservoir and Ditch
Company stipulating that the ditch companies 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 ditch company. The plat shall be amended to include any possible requirements/concerns of
the ditch company. (Department of Planning Services)
O. The applicant shall attempt address the requirements(concerns)of the DCP Midstream,as stated in
the referral response dated 11/30/07. Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services. (Colorado Department of Transportation)
2. 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)
3. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Amended Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is
• .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be
sent to maps(@co.weld.co.us. (Department of Planning Services)
4. 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)
5. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be
recorded within the required sixty(30)days from the date the Board of County Commissioners resolution was
signed a $50.00 recording continuance charge may be added for each additional 3 month period.
(Department of Planning Services)
•
AN AMENDED SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Zadel Family LLLP
• AmUSR-1394
1. An Amended Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development
facility including a Concrete and Asphalt Batch Plant,Materials Blending,Import of Materials and Gravel Mining
in the A(Agricultural)Zone District. (NCCI Pit#1)(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,3020100.5,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, blowing debris,
and other potential nuisance conditions. (Department of Public Health and Environment)
6. Fugitive dust 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)
7. 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)
8. 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)
9. The applicant shall operate in accordance with the approved "waste handling plan". (Department of Public
• Health and Environment)
10. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility.
(Department of Public Health and Environment)
11. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining
to Individual Sewage Disposal Systems. (Department of Public Health and Environment)
12. If applicable,the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public
Health & Environment, Water Quality Control Division. (Department of Public Health and Environment)
13. Adequate toilet facilities (port-a-potty)may be utilized on sites that are temporary location of the working face
and portable processing equipment,etc.for up to six months at each location. (Department of Public Health and
Environment)
14. A permanent,adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public
Health and Environment)
15. The operation shall comply with all applicable rules and regulations of the Colorado Division of Minerals and
Geology. (Department of Public Health and Environment)
16. Any vehicle washing area(s) shall capture all effluent and prevent discharges from drum washing and the
washing of vehicles in accordance with the Weld County Code,the Rules and Regulations of the Water Quality
Control Commission,and the Environmental Protection Agency.(Department of Public Health and Environment)
17. The applicant shall comply with the requirements of the Air Pollution Control Division, of the Colorado
Department of Public Health and Environment.(Department of Public Health and Environment)
18. The applicant shall comply with the requirements of the Water Quality Control Division, of the Colorado
Department of Public Health and Environment. (Department of Public Health and Environment)
• 19. The operation shall comply with the Occupational Safety and Health Act (OSHA). (Department of Planning
Services)
20. The site shall comply with the Mine Safety and Health Act(MSHA). (Department of Planning Services)
Resolution AMUSR-1394
Zadel Family LLLP
Page 6
• 21. 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,
Articles I and II. (Department of Planning Services)
22. 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 preformed by a registered State of Colorado engineer shall be required.
(Department of Building Inspection)
23. Setback and offset distances shall be determined by the 2003 International Building Codes and Chapter 23 of
the Weld County Code (Offset and setback distances are measured from the farthest projection from the
structure). (Department of Building Inspection)
24. A plan review must be approved and a permit must be issued prior to the start of construction. (Department of
Building Inspection)
25. Buildings located within a 100 year flood plane require a Flood Hazard Development Plan. (Department of
Building Inspection)
26. Prior to the release of building permit,the applicant shall submit evidence of approval from the Fort Lupton Fire
Protection District to the Weld County Building Department. (Department of Building Inspection)
27. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the reclaimed areas.
(Department of Planning Services)
28. If any work associated with this project requires the placement of dredged 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, ponds or wetlands at this location,the applicant shall obtain a Department
of Army, 404 Clean Water Act permit. (Department of Planning Services)
• 29. All gravel trucks transporting materials out of the area on county roads shall ensure that their loads are covered,
thus reducing loose materials on the roadway and the amount of damage to vehicles. (Department of Planning
Services)
30. "No Trespassing"signs shall be posted and maintained on the perimeter fence at all points of ingress and egress
to clearly identify the boundaries of the site. (Department of Planning Services)
31. 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. (Department of Planning Services)
32. Hours of operation in the winter months(November through April)will be 7:00 am to 5:00 pm and in the summer
months (May through October)will be 7:00 am to 7:00 pm. 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)
33. Existing trees and ground cover 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)
34. The landscaping on site shall be maintained in accordance with the approved Landscape,Screen and Buffering
Plan. (Department of Planning Services)
35. The number of on-site employees shall be limited to thirty (30) as stated in the application materials.
(Department of Planning Services)
36. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-
240, Weld County Code. (Department of Planning Services)
37. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-
• 250,Weld County Code. (Department of Planning Services)
38. The property owner or operator shall be responsible for complying with the Open-mining Standards of Section
23-4-250,Weld County Code. (Department of Planning Services)
Resolution AMUSR-1394
Zadel Family LLLP
Page 7
• 39. The operation shall comply with all applicable rules and regulations of the Colorado Division of Minerals and
Geology. (Department of Planning Services)
40. 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. (Department of Planning Services)
41. 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. (Department of Planning Services)
42. In accordance with Section 23-2-200.E of the Weld County Code, if the Amended 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)
43. 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)
44. 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)
45. 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)
• Motion seconded by Tom Holton.
VOTE:
For Passage Against Passage Absent
Doug Ochsner-Chair
Tom Holton-Vice Chair
Nick Berryman
Paul Branham
Erich Ehrlich
Robert Grand
Bill Hall
Mark Lawley
Roy Spitzer
The Chair declares the resolution passed and orders that a certified copy be placed in the file of this case to serve as
a permanent record of these proceedings.
CERTIFICATION OF COPY
I, Donita May, 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, March 18, 2008.
Dated the 18'"of March, 2008.
• Donita May
Secretary
3 18-.2
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
• Tuesday, March 18,2008
A regular meeting of the Weld County Planning Commission was held in the Southwest Weld County Conference Room,
4209 CR 24.5, Longmont, Colorado. The meeting was called to order by Chair, Doug Ochsner, at 1:35 p.m.
ROLL CALL ABSENT
Doug Ochsner-Chair
Tom Holton-Vice Chair
Nick Berryman Paul Branham
Erich Ehrlich - ,,
Robert Grand
Bill Hall
Mark Lawley t
Roy Spitzer
Also Present: Tom Honn, Brad Mueller, Jacqueline Hatch, Michelle Martin, Department of Planning Services; Don
Carroll, Don Dunker,David Snyder,Department of Public Works;Lauren Light,Environmental Health Department;Bruce
Barker, County Attorney; and Donita May, Secretary.
Robert Grand moved to approve the March 4, 2008 Weld County Planning Commission minutes. Second by Erich
Ehrlich. Motion carried.
The Chair said the next three items were on the consent agenda and will continue on to the Board of County
Commissioners,unless two or more Planning Commissioners feel a case should be removed from consent and be heard.
— CASE NUMBER: AMUSR-1394
• APPLICANT: Zadel Family LLLP
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Lots 3-7, part of Lot 11 and all of Lot 12 in Lupton Meadows Subdivision,
together with the former right of way of the Denver Larimer and Northwestern
Railroad all in Section 24,T2N, R67W of the 6th P.M.,Weld County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for a Site Specific
Development Plan and a Special Review Permit for a Mineral Resource
Development Facility including a Concrete and Asphalt Batch Plant, Materials
Blending, Import of Materials and Gravel Mining in the A(Agricultural)Zone
District. (NCCI Pit#1)
LOCATION: North of and adjacent to CR 18 and west of and adjacent to CR 25.
SIZE: 175.63 acres, more or less.
Michelle Martin, Department of Planning, requested this case remain on the consent agenda and said the applicants
were in agreement with it remaining on consent as well.
The Chair said this was a continued item from a previous hearing and unless there was opposition, it would remain
on the consent agenda. There were members of the public who wished to comment. The Chair added that due to a
typo,this case was originally listed on the agenda as a continued case,therefore not everyone may be prepared to
hear the case today.
Todd Yee, J &T Consulting, 1400 W 122 Av, Ste 120,Westminster, CO 80234, applicant's representative, said they
preferred the case be heard before the Planning Commission today.
Ms. Martin interjected that the case could be heard today if it were moved to the last hearing item in order to allow
time to prepare additional reference materials for the Planning Commissioners.
Doug Ochsner and Erich Ehrlich asked the case be removed from the consent agenda to be heard.
The Chair then said AMUSR-1394 would be heard after hearing item USR-686.
• CASE NUMBER: USR-1646
APPLICANT: Dannie&Gail Cito
PLANNER: Jacqueline Hatch
• f r animals thoprty, djor co ClR 5. did feel r w issue and added
trap rtationper whetheracreon engagedeirpr ine agriculture orining residential sites,o a
deveopmentrssHe was partnot of the odor dynamicasan of being in Mea nd ait is
not rele nt to today's USR. Increasing the intensity in the area concerns him as well. Lastly he expre ed his
disappointIhat the Town of Mead did not attend the hearing to participate when they have concerned citize present.
He charged thole citizens with asking why Mead did not have representation.
Tom Holton said the cases are the hardest to rule on and he still does not know how he will vote. T ' is an older dairy
with some issues and i his USR is approved then all of the standards we have added and all of th lans the applicants
have for improvement 'I increase the odor. By the same token, we have a gentleman that st bought a piece of
property, installed sewer li es, has plans for 175 residences, and then there is Mead saying ey don't really care.
Robert Grand said it sounds li we are penalizing the applicant for trying to run the mo efficient business operation.
The second issue is the growth a development around the facility. He has empathy all involved. Weld County is a
farming community and it is a toug 'ssue. He had a hard time penalizing a guy for i ensity when we have inferred that
this is a more efficient and better wa to do business.
Roy Spitzer asked Ms.Hatch if there wer other USR's or any other dairies ' in a two mile radius. She replied USR's
in the area existed for carnival equipment rage,single family residenc , and Mead has a small USR.
Mark Lawley commented that there is a comps ility issue. We ha approved several PUD's and large subdivisions
since his tenure and when we intensify the use o omething like is, it causes issues in the long run.
Nick Berryman cited Sections 22 and 23 of the Cod and id it struck him how often there were references to the
importance of agriculture and its businesses and that W County tries to promote. In his mind there is an issue in that
we do not have an IGA with Mead prioritizing what we a fo using on today. Agricultural uses should trump some of the
other concerns we might have. Though he also a es wit ark that there are obviously impacts and compatibility
issues which we need to take into account as w .
Doug Ochsner agreed with Commissioner and that basically wear enalizing a company that wants to clean up their
operation and make it more compatible ' the area. If we deny this,th can continue to run 900 head of cattle on this
property with basically no regulation It will continue the way it is. Fo ompatibility, it is already there. It may not
•
change for one hundred years fro 00 head. They are asking to improve e site and will comply with the forty two
restrictions to mitigate odor,pes ontrol,drainage etc. We have seen dairies •st close to municipalities and we have
had very little if any complaint on a well run dairy. He thinks that is what the app' ants are trying to do—clean up the
area and make it compatibl . For him to deny it is basically makes compatibility w e as it will continue as it is. If we
were to approve the appli tion,the County would have some control over prospective ues and could revoke the USR.
The Chair asked the ecretary to poll the members of the Planning Commission for their ision. Nick Berryman,no;
Erich Ehrlich,yes; obert Grand,no;Bill Hall,yes;Mark Lawley,yes;Roy Spitzer,yes;Tom Ron,no;Doug Ochsner,
no.
Motion tied s there was no recommendation made to the Board of County Commissioners.
The Chai eminded the members of the audience to attend the Board of County Commission hearing a express their
opinion again at that upcoming hearing.
Nick erryman cited the section of the State and County Codes, previously outlined by Commissioner Gra d, as his
rea n for denial of the application.
R y Spitzer commented he had three issues: the groundwater conditions are uncertain and there are three pr erty
ners to the south who could be impacted;the compatibility issue;and that since the DOW referral was so vague,the
ildlife issue is a non-issue for him.
Doug Ochsner cited Section 22-2-60 of the Code to ensure continuation of agriculture as well as compatibility,because
the applicant is trying to make the site more compatible that it is currently.
CASE NUMBER: AMUSR-1394
APPLICANT: Zadel Family LLLP
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Lots 3-7, part of Lot 11 and all of Lot 12 in Lupton Meadows Subdivision,together
• with the former right of way of the Denver Larimer and Northwestern Railroad all in
Section 24,T2N, R67W of the 6th P.M.,Weld County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for a Site Specific
Development Plan and a Special Review Permit for a Mineral Resource
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Development Facility including a Concrete and Asphalt Batch Plant, Materials
• Blending,Import of Materials and Gravel Mining in the A(Agricultural)Zone District.
(NCCI Pit#1)
LOCATION: North of and adjacent to CR 18 and west of and adjacent to CR 25.
SIZE: 175.63 acres, more or less.
Michelle Martin,Department of Planning,said the application was for an Amended Site Specific Development Plan and a
Special Review Permit for a Mineral Resource Development facility (including a Concrete and Asphalt Batch Plant,
Materials Blending, Import of Materials and Gravel Mining)in the A(Agricultural)Zone District. (NCCI Pit#1)
The site is located north of and adjacent to County Road 18 and west of and adjacent to County Road 25.
This case was originally scheduled to be heard February 19,2008 but was continued because mineral notification had
not been sent in time.
The sign announcing the PC hearing was posted January 31, 2008 by Planning Staff.
The proposed Use by Special Review(USR) proposes to mine additional lands as existing mineral reserves are
depleted from the current site(USR-1394). USR-1394 was approved by the Board of County Commissioners on
September 24, 2003 for a Mineral Resource Development Facility(Dry Open Pit Mining for Sand and Gravel)on 102
acres. The proposed amendment includes an additional 73 acres of adjacent property and a concrete and asphalt
batch plant.
Existing land uses surrounding the property are typically agricultural and rural residential in use. Additionally, in the
area there are several Use by Special Reviews approved by the Board of County Commissioners: north of the site is
SUP-426 for a gravel mining operation, south USR-1255 for a gravel operation, and east of the site USR-986 for an
oil and gas facility. There are fourteen(14) property owners within five hundred(500)feet of this proposed
development. Weld County has not received any letters from surrounding property owners but did receive one
phone call.
The subject property lies within the three-mile referral area of the City of Fort Lupton,Town of Firestone, and the
• Town of Frederick. The City of Fort Lupton returned a referral dated 11/30/07 stating they had reviewed the request
and find no conflicts with their interests.Weld County has not received a referral from the Towns of Firestone and
Frederick regarding this proposal. 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.
Twenty-four referral agencies reviewed this case. Twelve responded favorably or included conditions that have been
addressed through development standards and conditions of approval.
Planning Staff is recommending approval of this application along with the conditions of approval and development
standards.
The applicant's representative is present and at this time I will be happy to answer any questions.
Todd Yee, J & T Consulting, 140 W 122 Av Ste 120, Westminster, CO 80234, applicant's representative, said the
existing USR covers 102 acres for sand and gravel mining and processing. The planned reclaimed use is two lined water
storage cells to act as one reservoir. Seventy acres are planned for mining. They propose to expand the available
resources while protecting wells around the site. This site was selected because it would have the least effect on
surrounding property owners. There would be no blending of piles or product until it goes into the batch plant. The dust
would be minimal. There would be very little site lighting as they would rely on natural daylight for the majority of work.
They plan to pave the entrance per Public Works'recommendations for dust mitigation. They will have a concrete plant
processing area and a three bay truck wash and dumping ground. They will ensure that water will not enter or leave the
site. Site screening will consist of trees. They have worked closely with other oil and gas businesses in area. The
applicant currently has a long term road maintenance agreement with the County;the bridge at the river is complete;and
an agreement has been signed for improvements on Hwy 85. They have submitted and obtained State permits as well
as a Substitute Supply Plan, air quality permits, etc., and will maintain compliance with those entities. They will also
submit a stamped and signed Drainage Report.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
• Walter Kerr, 11104 CR 20, said his main concern is not necessarily with this specific operation, but for the increased
future traffic as far as the dust fog that is created presently in the area. Mr.Kerr thanked Doug Graff for addressing his
specific concerns regarding the operation. He said that while this specific operation doesn't contribute heavily to traffic,
he was still very concerned for additional heavy truck use on CR 23. He inquired if the County will maintain the roads.
10
He added that the dumping of water has flooded his pasture and renders it worthless. According to Mr.Yee,there is not
much odor from asphalt but Mr.Kerr said he was still concerned with possible odor. Mr.Kerr asked that dist mitigation be
addressed. He concluded by saying that CR 20 will be torn up if steps are not taken to prevent it.
Bill Gee,8995 CR 25,said the mining corporation has spoken with him and he thinks they will be good neighbors. He did
not oppose the application. They may not be too detrimental to the area if they control moisture as they claim they will,
and he would be happy if they dredge and dike the Little Dry Creek so his pasture does not flood.
The Chair closed the public portion of the meeting.
Don Carroll,Department of Public Works,addressed traffic concerns and said that CR 20 signs were changed last week
to read the same at both ends;signs posted for"no gravel trucks"are scheduled to be placed at both ends of the road on
Friday,March 21,2008;CR 23 has a haul route they are to follow as CR 23 is a public road;loads more than three miles
from the site are to be tarped and if a load is lost on the road, Public Works will contact the operator for clean up or the
County will take care of it;the County has long term maintenance agreements with other pits in the area to stay on the
haul routes, complete required improvements, and they have been very good about following those agreements.
Robert Grand inquired about off site dust control. Mr. Carroll replied that the road is paved and dust would come from
loading from the stock piles or blowing of particulates.
Lauren Light, Environmental Health, said the septic system needs to be finaled for the house on the site;there is no
permit application for a vault system; restroom facilities need an ISDS permit; they also need a permanent adequate
water supply due to the number of employees; everything has been addressed in the development standards and
conditions of approval,as far as she can tell,including dust abatement which is addressed in development standard six.
The Chair asked the applicant to address public concerns. Mr.Yee said the travel pattern for this pit comes down CR 25
to CR 18 to Hwy 85 and is paved. Drivers are instructed to cover/tarp their loads. Odors are very low if any at all from
the concrete batch plant and very minimal from the asphalt batch plant,though some odor may come from trucks going
east.
The Chair asked the applicant if they had read and agreed with the Development Standards and Conditions of Approval.
• Mr.Yee responded that he had read them and did agree with the development standards and conditions of approval.
Mark Lawley moved that Case AMUSR-686, 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.
Second by Tom Holton.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick Berryman,yes;
Erich Ehrlich,yes;Robert Grand,yes;Bill Hall,yes;Mark Lawley,yes;Roy Spitzer,yes;Torn Holton,yes;Doug Ochsner,
yes. Motion carried.
Work Session Item—Proposed revisions to the Land Use Process
Tom Honn, Director of Planning, said that shortly after he assumed his new position, he felt they needed to look at
revising the process for items that go to public hearings. Sometimes cases came before the Planning Commission with
issues that had not been adequately addressed or resolved. Additionally we have scheduled hearing dates as soon as
we consider the application complete. We had no specific policy in place to meet with involved entities prior to the
hearings.
He said they had met with folks in surrounding communities who seemed to support the changes they were proposing.
They have structured the process to have a pre-application meeting with a brief presentation by the applicant. Planning
will then review the application and make suggestions to aid in completeness of the application. This will aid the
applicant in understanding the process and ensure their application is complete in a more timely fashion. Throughout
this review, Planning will determine that information is accurate and specific prior to submittal to the Planning
Commission.
There are a number of features that would change under the revised general process:
• "Required" Pre-Application Meeting
• Completeness Review
• • Provide Planning Referral Comments & Meet Applicant After Referrals
• Set Planning Commission Hearing Date
▪ Neighborhood Meetings
• The County Commission Hearing Date
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• Recording of the Plat
• Tom Holton asked who decides when an application is complete and ready to move to the next step. Tom Honn said that
as long as all of the parts are there,it will move along. The development community felt this was in line with what other
entities are currently following. This new process will give the applicants the opportunity to address potential concerns or
problems in advance of the Planning Commission hearing. Mr.Holton suggested there had to be an end to the process,
that we could not just keep adding requirements. Mr.Honn said it was crucial to give specific directions to applicants so
they weren't caught in a never ending process and that communication needs to occur at the onset,rather than half-way
through the process.
Erich Ehrlich asked Mr.Honn whether referral packets were sent to the entities involved in the applications. He said they
receive the same complete packet as the Planning Commission receives. Planning is also trying to set up quarterly
meetings with towns, their planners, etc., to promote better communication between those involved in the various
applications.
Tom Holton mentioned what he called"beating up the applicant"and encouraged early mitigation by all parties involved
with the application.
Brad Mueller addressed the adversarial situations that could arise and that Planning hoped this process revision would
diminish those possibilities. He said this report and proposal will go to the Board of County Commissioners for a similar
work session. After receiving general reaction and direction, Staff will hold another forum with landowners and
developers to get additional input and to advise the community of intended changes.
Some of the changes will only require policy changes. Others will require revisions to the Code. Finally,any changes in
the process will be communicated by posting information on the department web page,updating the land use Procedural
Guides and through discussion with landowners.
Meeting adjourned at 6:05
Respectfully submitted,
• M
Donita May
Secretary
•
12
-I`1-a,ocr'
Hannah Hippely, Department of Planning, requested this case be continued to allow the applicants more time to
• complete additional information necessary for the application. Continuation date will be March 4,2008 in the Greeley
Planning Department hearing room.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished
to speak.
Bill Hall motioned to continue case USR-1642 to the March 4, 2008 hearing date. Second by Tom Holton. Motion
carried.
CASE NUMBER: AMUSR-1394
APPLICANT: Zadel Family LLLP
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Lots 3-7,part of Lot 11 and all of Lot 12 in Lupton Meadows Subdivision,
together with the former right of way of the Denver Larimer and
Northwestern Railroad all in Section 24,T2N,R67W of the 6th P.M.,Weld
County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for a Mineral
Resource Development Facility including a Concrete and Asphalt Batch
Plant, Materials Blending, Import of Materials and Gravel Mining in the A
(Agricultural)Zone District. (NCCI Pit#1)
LOCATION: North of and adjacent to CR 18 and west of and adjacent to CR 25.
Michelle Martin, Department of Planning,said the applicants in their email dated February 7,2008,were requesting a
continuance until the March 18,2008, in order to notify the mineral owners/lessees thirty days prior to the hearing. The
hearing will be held in the Southwest Weld Planning hearing room.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
• William Gee, 8995 CR 25, Fort Lupton, said the NCCI gravel mining is adjacent to his property on two sides, which
makes him a peninsula. He expressed interest in where the asphalt plant would be physically located on the property as
well as the hours of operation. He concluded by saying he might not be opposed to it if he knew what was going on.
Robert Kerr, 11104 CR 20,expressed concern for increased traffic and noise from the trucks as well as the hazard they
present to children living in the area. It was also agreed that when CR 20 was put in it would never be used by the
County.
The Chair asked Mr. Kerr to attend the March 18,2008 hearing to present his testimony and if he could not attend the
future hearing, he could submit his concerns in writing.
The Chair closed the public portion of the hearing.
Ms. Martin repeated the new hearing date, March 18, 2008.
Tom Holton motioned to continue case AmUSR-1394 to the March 18, 2008 hearing date. Second by Mark Lawley.
Motion carried.
CASE NUMBER: USR-1646
APPLICANT: Dannie&Gail Cito
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot 1 of SE-664,being part of the SW4 of Section 3,Ti N,R68W of the 6th
P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a Use by
Right, an accessory use, or a Use by Special Review in the Industrial
Zone District (Steel Fabrication Company) in the A (Agricultural) Zone
District.
LOCATION: East of and adjacent to CR 7 and approximately 1/2 mile south of State
Highway 52.
• Jacqueline Hatch, Department of Planning,said this was originally set for consent but was moved from consent to the
continued agenda in order to allow the applicant additional time to complete mineral notification requirements. This case
will be heard March 18, 2008 in the Southwest Planning hearing room.
Roy Spitzer motioned to continue USR-1646 to the March 18, 2008 hearing date. Second by Nick Berryman. Motion
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