HomeMy WebLinkAbout20072264.tiff RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION
Moved by Doug Ochsner 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-1608
APPLICANT: Ready Mixed Concrete Company
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot B, RE-4381 being part of the NW4SW4 Section 6, T1N, R66W; SW4 Section 6,
T1N, R66W; W2NW4 Section 7, T1N R66W exc S2SE4SW4SW4 of Section 6,
T1N, R66W and also exc NE4NW4NW4 Section 7, TIN, R66W;
NE4NW4/NE4NW4NW4 and Part NW4NE4 lying W of Westerly R-O-W Lane SH 85
Section 7, T1N, R66W and the S2SE4SW4/SE4SW4SW4 and part S2SW4SE4
lying W of Westerly R-O-W Lane SH 85 Section 6 , T1N, R66W of the 6th P.M.,
Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for Mineral Resource
Development Facilities including Concrete Batch Plant, Recycled Concrete and
Gravel Mining in the A (Agricultural)Zone District.
LOCATION: Generally located South of and adjacent to SH 52; West of and adjacent to SH 85;
East of and adjacent to CR 25 Section Line and approximately 0.5 miles North of CR
10.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance
with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinances in effect.
Section 22-5-80.B (CM.Goal 2)states, "Promote the reasonable and orderly development
of mineral resources."The proposed use would be compatible with surrounding properties
which include agricultural lands, river bottom lands and floodplain designated lands.
Further, Colorado State Statute§ 34-1-305 addresses the preservation of commercial
mineral deposits for extraction.
(1) "After July 1, 1973, no board of county commissioners, governing body of any
city and county, city, or town, or other governmental authority which has control
over zoning shall, by zoning, rezoning, granting a variance, or other official action
or inaction, permit the use of any area known to contain a commercial mineral
deposit in a manner which would interfere with the present or future extraction of
such deposit by an extractor."
(2) "After adoption of a master plan for extraction for an area under its jurisdiction, no
board of county commissioners, governing body of any city and county, city, or
town, or other governmental authority which has control over zoning shall, by
zoning, rezoning, granting a variance, or other official action or inaction, permit
the use of any area containing a commercial mineral deposit in a manner which
would interfere with the present or future extraction of such deposit by an
extractor."
(3) "Nothing in this section shall be construed to prohibit a board of county
commissioners, a governing body of any city and county, city, or town, or any
other governmental authority which has control over zoning from zoning or
rezoning land to permit a certain use, if said use does not permit erection of
permanent structures upon, or otherwise permanently preclude the extraction of
commercial mineral deposits by an extractor from, land subject to said use."
2007-2264
4 - _
Resolution USR-1608
Ready Mixed Concrete Company
Page 2
(4) "Nothing in this section shall be construed to prohibit a board of county
commissioners, a governing body of any city and county, city, or town, or other
governmental authority which has control over zoning from zoning for agricultural
use, only, land not otherwise zoned on July 1, 1973."
(5) "Nothing in this section shall be construed to prohibit a use of zoned land
permissible under the zoning governing such land on July 1, 1973."
(6) "Nothing in this section shall be construed to prohibit a board of county
commissioners, a governing body of any city and county, city, or town, or any other
governmental authority from acquiring property known to contain a commercial
mineral deposit and using said property for a public purpose; except that such use
shall not permit erection of permanent structures which would preclude permanently
the extraction of commercial mineral deposits."
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the(A)Agricultural
Zone District. Section 23-3-40.A.3 of the Weld County Code provides for a Site Specific
Development Plan and a Special Review Permit for a Mineral Resource Development facility
including a Concrete Batch Plant, Concrete Recycling Plant 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. The site contains agricultural lands. The proposed use would be
compatible with surrounding properties which include agricultural lands and the LaFarge
Riverbend sand and gravel operation [AmUSR-1259]; property to the northwest are
agricultural lands; property to the north are agricultural lands and outdoor recreation; to the
east is Colorado State Highway 85 and the City of Fort Lupton; property to the west has been
leased to LaFarge; property to the southeast is a farmstead and vacant land; property to the
south and southeast are agricultural—pasture lands and the future Cell#6 of the Riverbend
operation. The applicant is proposing to install a vegetated berm on the north and east
boundaries. The existing Holton Family residential structures adjacent to State Highway 52
will retain the existing landscape treatment.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The surrounding property is primarily agricultural in nature with a few homes
in the area. The site contains agricultural lands with the proposed use compatible with
surrounding properties which include gravel operations in the general vicinity. State Highway
85 is to the east of the site. The City of Fort Lupton in their referral dated April 11,2007 does
not object to the application as the application was referred to the City for action through the
Inter-governmental Agreement, Notice of Inquiry process. The City requested the applicant
annex to the City because it is located within the Urban Growth Boundary, however,following
the annexation procedure the City and the property owner came to an impasse on the terms
of the annexation agreement. The agreement called for the owner and the operator to pay
an impact fee that was opposed by both the owner and the operator thus the city denied the
annexation. Given this position, the City does request that the additional screening blend into
the site and adjacent to Colorado Highway 85 and State Highway 52. The City of Fort Lupton
also requests that the applicant enter into an annexation agreement prior to recording the
plat.
The Colorado Historical Society in their referral dated March 1, 2007 stated that no surveys
for cultural resources have been conducted and no cultural resource sites are known to be in
the proposed permit area, as a result there is the possibility that as yet unidentified cultural
resources exist within the permit area. Planning Staff believes that,with the endorsement of
Resolution USR-1608
Ready Mixed Concrete Company
Page 3
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#080266-0981 C dated September 28, 1982 for the Floodplain
and FIRM Community Panel Map #080266-0012 dated September 28, 1990 for the
Floodway. Flood Hazard Development Permits will be required for all structures in the
Floodplain, however, no permanent structures or stockpiling of materials are permitted in the
Floodway. Building Permits issued on the Lots will be required to adhere to the following
fees.
Effective January 1, 2003, Building Permits issued on the subject site will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the Storm
water/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
F. Section 23-2-220.A.6 --The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. The property to be mined
contains no "Prime" agricultural lands, thus, no prime farm land will be taken out of
production with this proposal. The subject site is primarily classified as other land as
delineated on the Important Farmlands of Weld County map, dated 1979. A portion of the
lots are currently farmed. 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 insure compliance with Section 23-4-250
Weld County Code.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The applicant shall submit a Landscape Plan identifying the number, size and species of all
plant material to the Weld County Planning Department for review and approval. This plan
shall include specifications of any proposed berms, if required. The proposed berms will be
extended to mitigate impacts to surrounding properties and adjacent road rights-of-way. The
applicant shall use breaks in the berm with landscaping to fill the void,culverts,or some other
method that will allow water to flow freely. (Department of Planning Services)
Resolution USR-1608
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B. The applicant shall address the requirements of the Department of Public Works,as stated in
their referral responses dated April 2, 2007. Evidence of approval shall be submitted in
writing to the Department of Planning Services. (Department of Planning Services)
C. The applicant shall address the requirements of the Department of Building Inspection, as
stated in their referral response dated April 3,2007. Evidence of approval shall be submitted
in writing to the Department of Planning Services. (Department of Planning Services)
D. The applicant shall address the requirements of the Department of Public Health and
Environment,as stated in their referral response dated April 16, 2007. Evidence of approval
shall be submitted in writing to the Department of Planning Services. (Department of
Planning Services)
E. The applicant shall attempt to address the requirements of the Department of Natural
Resources, Division of Wildlife, as stated in their referral response dated April 18, 2007.
Evidence of approval shall be submitted in writing to the Department of Planning Services.
(Department of Planning Services)
F. The applicant shall attempt to address the requirement of the Platte Valley Soil Conservation
District, as stated in their referral response dated March 23,2006. Evidence of approval shall
be submitted to the Department of Planning Services. (Department of Planning Services)
G. The applicant shall attempt to address the requirements of the City of Fort Lupton,as stated
in their referral response dated April 11, 2007 Evidence of approval shall be submitted in
writing to the Department of Planning Services. (Department of Planning Services).
H. The applicant shall submit a letter from the United States Department of Interior, Fish and
Wildlife Service indicating if surveys will be required for threatened or endangered plants and
animals, migratory birds, or the wetland/riparian areas as outlined in their letter dated May
16, 2007. The applicant shall demonstrate that there are no adverse impacts on federally
listed plants and animals Evidence of approval shall be submitted in writing to the
Department of Planning Services. (Department of Planning Services).
The applicant shall provide written evidence of approval from the Colorado Division of
Minerals and Geology for Ready Mixed Concrete Company, Holton Lakes(File No. M-2007-
008). Evidence of approval shall be submitted in writing to the Department of Planning
Services. (Department of Planning Services)
J. The applicant shall address the requirement (concern) of Xcel Energy, a Public Service
Company for the License Agreement for access to their facilities or any crossings over Public
Service Company's easements. Evidence of approval shall be submitted in writing to the
Department of Planning Services. (Department of Planning Services, Xcel Energy)
K. 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. The plat shall be amended to include any possible future
drilling sites. (Department of Planning Services)
Resolution USR-1608
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L. The State of Colorado, Division of Water Resources in their referral dated March 22, 2007
states,"A substitute Water Supply Plan(SWSP)or court approved augmentation plan must
be obtained to replace the depletions caused by the operation. In addition,the applicant will
be required to re-permit the existing well prior to using the well for the proposed commercial
uses at the site and the applicant must obtain a well permit for the proposed gravel pit pond
prior to exposing ground water at the site." Evidence of approval shall be submitted to the
Department of Planning Services. (Department of Planning Services)
M. The applicant shall address the requirements (concerns) of the Colorado Department of
Transportation, as stated in their referral response dated March 19, 2007 and May 2, 2007
Evidence of approval shall be submitted in writing to the Department of Planning Services.
(Department of Planning Services)
N. The applicant shall address the requirements (concerns) of the Colorado Department of
Transportation, Materials Engineer, as stated in their referral response dated June 4, 2007.
Evidence of approval shall be submitted in writing to the Department of Planning Services.
(Department of Planning Services)
O. The applicant shall address the requirements (concerns) of State of Colorado Division of
Water Resources, as stated in the referral response dated March 16, 2007. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
P. The applicant shall submit a Flood Hazard Development Permit to the Department of Public
Works for review and evaluation. Evidence from the Department of Public Works that the
application has been conditionally approved shall be provided to the Department of Planning
Services. (Department of Planning Services)
Q. The applicant shall provide a detailed drawing of the access points showing entrance and exit
lanes with adequate turning radiuses,paving to the scale house area,small paved parking lot
to accommodate customers, circulation pattern on the immediate area including employee
parking,truck parking area et cetera to the Department of Public Works. Evidence shall be
submitted to the Department of Planning Services. (Department of Public Works)
R. Evidence shall be provided to the Department of Planning Services that all vehicles located
on the property must be operational with current license plates, or be screened from all
adjacent properties and public rights of way,or be removed from the property.All other items
considered to be part of a noncommercial junkyard must also be removed from the property
or screened from adjacent properties and public rights-of-way. Evidence of approval shall be
submitted in writing to the Department of Planning Services. (Department of Planning
Services)
S. The applicant shall attempt to address the requirement (concerns) of the Weld County
Sheriff's Office, as stated in their referral response dated April 1, 2007. Evidence shall be
submitted to the Department of Planning Services. (Department of Planning Services)
T. The applicant shall provide to the Weld County Department of Planning Services a copy of
the access permit issued by the Colorado Department of Transportation (CDOT) which
grants access to State Highway 52, or written evidence that the applicant has complied with
the requirements of the Colorado Department of Transportation (CDOT). (Department of
Planning Services)
U. The applicant shall provide to the Weld County Department of Planning Services a copy of
the access permit issued by the Colorado Department of Transportation (CDOT) which
grants access to Colorado Highway 85, or written evidence that the applicant has complied
with the requirements of the Colorado Department of Transportation (CDOT). (Department
of Planning Services)
Resolution USR-1608
Ready Mixed Concrete Company
Page 6
V. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.)and
Emissions Permit application from the Air Pollution Control Division, Colorado Department
of Health and Environment, if applicable. Evidence of approval shall be submitted to the
Department of Planning Services. (Department of Public Health and Environment)
W. The applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health &
Environment. Evidence of approval shall be submitted to the Department of Planning
Services. (Department of Public Health and Environment)
X. The applicant shall provide a detailed design and operation plan for the truck washout
area. The washing area shall be designed and constructed to capture all effluent and
prevent any discharges in accordance with the Rules and Regulations of the Water
Quality Control Commission and the Environmental Protection Agency. Evidence of
approval shall be submitted to the Department of Planning Services. (Department of
Public Health and Environment)
Y. The applicant shall submit evidence of a Colorado Discharge Permit System (CDPS)from
the Water Quality Control Division of the Colorado Department of Health and Environment
for any proposed discharge into State Waterways, if applicable. Evidence of approval
shall be submitted to the Department of Planning Services. (Department of Public Health
and Environment)
Z. The applicant shall submit evidence of an Aboveground Storage Tank permit from the
Colorado Department of Labor and Employment(CDL&E), Oil Inspection Section for any
aboveground storage tanks located on the site. Alternately, the applicant can provide
evidence from the (CDL&E), Oil Inspection Section that they are not subject to these
requirements. Evidence of approval shall be submitted to the Department of Planning
Services. (Department of Public Health and Environment)
AA. The applicant shall submit evidence to the Department of Planning Services, from the
Colorado Division of Water Resources, demonstrating that the well is appropriately
permitted for the commercial use. Evidence of approval shall be submitted to the
Department of Planning Services. (Department of Public Health and Environment)
AB. In the event the facility's water system serves more 25 persons on a daily basis the water
system shall comply with the Colorado Primary Drinking Water Regulations (5 CCR 1003-
1). Evidence shall be provided to the Weld County Department of Public Health and
Environment that the system complies with the Regulations. Evidence of approval shall
be submitted to the Department of Planning Services. (Department of Public Health and
Environment)
AC. The applicant shall submit a waste handling plan, for approval, to the Environmental
Health Services Division of the Weld County Department of Public Health & Environment.
The plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
•
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed (including the
facility name, address, and phone number). Evidence of approval shall be
submitted to the Department of Planning Services. (Department of Public Health
and Environment)
Resolution USR-1608
Ready Mixed Concrete Company
Page 7
AD. The applicant shall complete all proposed improvement including those regarding
landscaping, screening, access improvements and parking lot requirements or enter into
an Improvements Agreement according to policy regarding collateral for improvements
and post adequate collateral for all required materials. 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. (Department of Planning Services)
2. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR-1608. (Department of Planning Services)
B. The on site parking, site access,site circulation,site entrance and exit lane requirements and
auxiliary lanes as approved by the Department of Public Works, CDOT and the Department
of Planning Services. (Department of Planning Services)
C. The location of any on-site signs. (Department of Planning Services)
D. The approved Landscape, Screening and Berm Plan. (Department of Planning Services)
E. Oil and Gas encumbrances including gathering lines with appropriate setbacks shall be
delineated on the plat. (Department of Planning Services)
F. Setbacks to the mining operation are measured from the right-of-way or future right-of-way
lines plus the standard setback of 20 feet in the agricultural zone district. No structure will be
allowed in the future right-of-way. A slurry wall or retaining wall is considered a structure.
The County has retained some rights-of-way from the 1889 Resolution. (Department of
Public Works)
G. State Highway 52 requires two hundred (200) feet at full buildout. A total of requires one
hundred (100)feet from the centerline of State Highway 52 shall be delineated right-of-way
on the plat. This road is maintained by CDOT. (Colorado Department of Transportation)
H. State Highway 52 requires auxiliary lanes for ingress and egress for the mining operation
having a design speed limit of 55 MPH. Appropriate lengths meeting the minimum CDOT
requirement shall be delineated on the plat. (Colorado Department of Transportation)
Colorado Highway 85 requires a minimum of two hundred (200) feet at full buildout. A
minimum total of one hundred(100)feet from the centerline of Colorado Highway 85 shall be
delineated right-of-way on the plat.This road is maintained by CDOT. (Colorado Department
of Transportation)
J. The temporary operation access from Colorado Highway 85 for equipment and service
vehicles is for right-in and right-out access only. The auxiliary lane requirements for ingress
and egress including the appropriate lengths meeting the minimum CDOT requirement shall
be delineated on the plat. (Colorado Department of Transportation)
K. United Power requires a ten(10)foot easement around the parcel's perimeter for future utility
requirements. (United Power)
L. Xcel Energy maintains a recorded easement for the 115,000 kV Transmission Line that
crosses this mining operation. The easement and/or associated right-of-way shall be
delineated on the plat. (Xcel Energy, Public Service of Colorado)
M. All future and existing County Roads shall be delineated on the plat including their existing
and future right-of-way. (Department of Planning Services)
Resolution USR-1608
Ready Mixed Concrete Company
Page 8
3. Prior to construction:
A. A building permit shall be obtained prior to the construction or placement of any structure
such as a scale, concrete and asphalt plant, office, concrete casting facility, recycling plant,
office trailer and any other structures placed on the parcels. An electrical permit will be
required for any electrical service to equipment. A plot plan shall be submitted when applying
for building permits showing all structures with accurate distances between structures, and
from structures to all property lines. (Department of Building Inspection)
B. The approach road shall be paved a minimum of three hundred feet in length with asphalt,
concrete, or the equivalent from County State Highway 52 to the scale house with adequate
turning radiuses to accommodate heavy truck hauling. (Department of Public Works)
C. The applicant shall install a stop sign at the exit of the pit approach onto State Highway 52.
Also required will be additional speed limit signs on the designated haul route from the facility.
(Department of Public Works)
D. The applicant shall provide evidence of an approved Flood Hazard Permit from the
Department of Public Works to the Department of Planning Services. (Department of
Planning Services)
4. Prior to issuance of the Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed Office/Weigh Station and
shall be installed according to the Weld County Individual Sewage Disposal Regulations.
(Department of Public Health and Environment)
B. The septic system is required to be designed by a Colorado Registered Professional
Engineer according to the Weld County Individual Sewage Disposal Regulations.
(Department of Public Health and Environment)
C. A storm water 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. The applicant shall inquire with the Water Quality Control Division
(WQCD) of the Colorado Department of Public Health and Environment at
www.cdphe.state.co.us/wq/PermitsUnit if they are required to obtain a storm water discharge
permit. Alternately,the applicant can provide evidence from WQCD that they are not subject
to these requirements. (Department of Public Health and Environment)
5 The Special Review activity shall not occur nor shall any building permits be issued on the property
until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and
Recorder. (Department of Planning Services)
6 The attached Development Standards for the Special Review Permit shall be adopted and placed on
the Special Review Plat prior to recording. The completed plat shall be delivered to the Weld County
Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's
Office within 60 days of approval by the Board of County Commissioners. (Department of Planning
Services)
7. 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)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Ready Mixed Concrete Company- Holton Lakes
USR-1608
1. A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development
including a Concrete, Recycled Concrete and Gravel Mining facility in the A (Agricultural) Zone
District, as indicated in the application materials on file and subject to the Development Standards
stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5,C.R.S.,as amended. (Department of Public Health and Environment)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department
of Public Health and Environment)
6. The applicant shall operate in accordance with the "waste handling plan". (Department of Public
Health and Environment)
7. The applicant shall comply with all provisions of the Underground and Above Ground Storage
Tank Regulations (7 CCR 1101-14). (Department of Public Health and Environment)
8. The truck washing area shall capture all effluent and prevent discharges from drum washing and
the washing of vehicles in accordance with the Rules and Regulations of the Water Quality
Control Commission, and the Environmental Protection Agency. (Department of Public Health
and Environment)
9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the dust abatement plan at all times. (Department of Public Health and
Environment)
10. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment)
11. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility.
(Department of Public Health and Environment)
12. Sewage disposal for the facility shall be by septic system. Any septic system located on the
property must comply with all provisions of the Weld County Code, pertaining to Individual
Sewage Disposal Systems. (Department of Public Health and Environment)
13. Portable toilets may be utilized on sites that are temporary locations of the working face and portable
processing equipment, etc. for up to six months at each location. (Department of Public Health and
Environment)
14. Bottled water shall be provided to employees at the temporary locations of the working face at all
times. (Department of Public Health and Environment)
15. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
16. If applicable, the water system shall comply with the requirements for a community water system
as defined in the Primary Drinking Water Regulations (5 CCR 1003-1). (Department of Public
Health and Environment)
17. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility
area in a manner that will prevent nuisance conditions. (Department of Public Health and
Environment)
18. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with
product labeling and in a manner that minimizes the release of hazardous air pollutants(HAP's)and
volatile organic compounds (VOC's). (Department of Public Health and Environment)
19. If applicable,the applicant shall obtain a storm water discharge permit from the Colorado Department
of Public Health & Environment, Water Quality Control Division. (Department of Public Health and
Environment)
20. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Minerals and Geology. (Department of Public Health and Environment)
21. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code. (Department of Public Health and Environment)
22. "No Trespassing"signs shall be posted and maintained on the perimeter fence to clearly identify the
boundaries of the site. (Department of Planning Services)
23. Lighting provided for security and emergency night operation on the site shall be designed so that the
lighting will not adversely affect surrounding property owners. (Department of Planning Services)
24. 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. Hours of operation may be extended with specific permission from
the Weld County Board of County Commissioners. This restriction shall not apply to operation of
administrative and executive offices or repair and maintenance facilities located on the property.
(Department of Planning Services)
25. 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)
28. Colorado Highway 85 shall be used as a service access only. The main access is from State
Highway 52. Materials will be transferred on conveyors and bridged across the South Platte River to
the main plant area. (Department of Public Works)
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 a 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. If any work associated with this project requires the placement of dredge or fill material, and any
excavation associated with a dredged or fill project, either temporary or permanent, in waters of the
United States which may include streams, open water lakes and ponds or wetlands at this site, the
Department of the Army, Corps of Engineers shall be notified by a proponent of the project for proper
department of the Army permits or changes in permit requirements pursuant to Section 404 of the
Clean Water Act. (Department of Planning Services)
32. The landscaping on site shall be maintained in accordance with the approved Landscape Plan.
(Department of Planning Services)
33. A building permit shall be obtained prior to the construction or placement of any structure such as a
scale,concrete and asphalt plant,office,concrete casting facility, recycling plant,office trailer and any
other structures placed on the parcels. An electrical permit will be required for any electrical service
to equipment. A plot plan shall be submitted when applying for building permits showing all structures
with accurate distances between structures,and from structures to all property lines. (Department of
Building Inspection)
34. A plan review is required for each building for which a building permit is required. Plans shall bear the
wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required
when applying for each permit. (Department of Building Inspection)
35. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2003 International Building
Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2002 National
Electrical Code; 2003 International Fuel Gas Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
37. Each structure set on a foundation will require an engineered foundation based on a site-specific
geotechnical report or an open hole inspection performed by a Colorado registered engineer.
Engineered foundations shall be designed by a Colorado registered engineer. (Department of
Building Inspection)
38. Building wall and opening protection and limitations and the separation of buildings of mixed
occupancy classifications shall be in accordance with the Building Code. Setback and offset
distances shall be determined by the Weld County Code. (Department of Building Inspection)
39. Building height shall be measured in accordance with the Building Code for the purpose of
determining the maximum building size and height for various uses and types of construction and to
determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code.
Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to
determine compliance with offset and setback requirements. Offset and setback requirements are
measured to the farthest projection from the building. (Department of Building Inspection)
40. A Flood Hazard Development Permit shall be submitted for buildings constructed, moved and
berming in the 100-year flood plain. (Departments of Building Inspection and Planning Services)
41. 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)
42. 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)
43. Should human remains be discovered during mining activities, the requirements under State law
C.R.S. part 13 apply and must be followed. (Colorado Historical Society, Department of Planning
Services)
44. The number of employees associated with the daily operations is limited to 15 persons per shift as
stated in the application materials. (Department of Planning Services)
45. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240 of the Weld County Code.
46. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 of the Weld County Code.
47. The property owner or operator shall be responsible for complying with the Open-mining Standards of
Section 23-4-250, Weld County Code.
48. 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.
49. 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.
50. 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)
51. 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)
Motion seconded by Mark Lawley.
VOTE:
For Passage Against Passage Absent
Chad Auer—Chair
Doug Ochsner—Vice Chair
Paul Branham
Erich Ehrlich
Bruce Fitzgerald
Tom Holton Recused
Mark Lawley
Roy Spitzer
James Welch
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 July 17, 2007.
Dated the 17th of July, 2007.
ma.,3Donita May
Secretary
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, July 17, 2007
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, Chad
Auer, at 1:30 p.m.
ROLL CALL ABSENT
Chad Auer- Chair
Doug Ochsner-Vice Chair 0
Paul Branham rn c--
Erich Ehrlich L l '—' 3r
Bruce Fitzgerald m (7,
CI
Tom Holton Op
Mark Lawley <" > C
Roy Spitzer rrnn--t
James Welch C:7 45 x)...‹
Also Present: Bruce Barker, County Attorney; Tom Honn, Planning Director; Kim Ogle, Jacqueline Hatch,
Chris Gathman, Hannah Hippely, Planners; Don Carroll, Public Works Department; Char Davis,
Environmental Health Department; Donita May, Secretary.
The summary of the last regular meeting of the Weld County Planning Commission held on July 3,2007,was
approved as read.
Commissioner Holton recused himself from the Consent Agenda.
The Chair read the Consent Agenda cases into the record.
CASE NUMBER: USR-1613
APPLICANT: Warren & Deborah Smith
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Part of the NE4 of Section 9, T1N, R68W of the 6th P.M., Weld County,
Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for A Use
Permitted as a Use by Right,an Accessory Use,or a Use by Special Review
in the Commercial or Industrial Zone Districts, (Gutter Business) in the A
(Agricultural)Zone District.
LOCATION: South of and adjacent to CR 12 and West of and adjacent to CR 7.
The Chair asked if anyone in the audience wished to speak for or against the application. No one stepped
forward.
— CASE NUMBER: USR-1608
APPLICANT: Ready Mixed Concrete Company
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot B, RE-4381 being part of the NW4SW4 Section 6, T1N, R66W; SW4
Section 6, T1N, R66W; W2NW4 Section 7, T1N R66W exc
S2SE4SW4SW4 of Section 6, T1N, R66W and also exc NE4NW4NW4
Section 7,Ti N, R66W;NE4NW4/NE4NW4NW4 and Part NW4NE4 lying W
of Westerly R-O-W Lane SH 85 Section 7, T1N, R66W and the
S2SE45W4/SE4SW4SW4 and part S2SW4SE4 lying W of Westerly R-O-W
Lane SH 85 Section 6 ,Ti N, R66W of the 6th P.M.,Weld County,Colorado. _�
REQUEST: Resource Development Facilities including Concrete, Recycled Concrete x
LLI 41
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and Gravel Mining in the A(Agricultural)Zone District.
LOCATION: Generally located South of and adjacent to SH 52;West of and adjacent to
SH 85; East of and adjacent to CR 25 Section Line and approximately 0.5
miles North of CR 10.
The Chair asked if anyone in the audience wished to speak for or against the application.
Jerry Sitzman,area homeowner,residing east of Hwy 85 and adjacent to the gravel pit,said they have a pond
on their property and he is concerned that when water is pulled off into the gravel pit, his pond will dry out as it
is maintained by underground water levels; he added that his pond also holds the run off from the Fort Lupton
city streets;and without proper maintenance,it will be a stale pond as they have no other way of getting water
into it. Commissioner Ochsner pointed out that public concerns can be addressed without hearing the entire
case. Mr. Sitzman added that since the applicant has to pump the water out during mining,they could pump
the water into the highway underpass pipe. The Chair said that ultimately this board makes only
recommendations and the Board of County Commissioners decide the final outcome, but they can collect
items to be addressed. Mr.Sitzman asked if he would be notified of the future Board of County Commission
hearing. The Chair said that he would absolutely be notified.
Mike Hart, 2255 Meadow Ave, Boulder, CO, represents Ready Mix Concrete. Mr. Hart addressed Mr.
Sitzman's concerns regarding the mine dewatering on his pond on the east side of Hwy 85 and said: they
proposed to install a soil bentonite slurry wall around the mining stage that is immediately west of Mr.
Sitzman's pond before anything is dewatered, so basically they intend to protect the surrounding alluvial
aquifer by sealing off the mine stage from anything outside of that mine stage before anything is dewatered;
once the slurry wall is installed then the area to be mined within the perimeter of the slurry wall would be
dewatered but there would be no impact on any groundwater elevations outside of the mining area;and closed
by saying that he was very confident that all of Mr. Sitzman's concerns would be addressed, based on the
mine plan.
The Chair suggested Mr. Hart contact Mr. Sitzman and provide him with all of that information prior to the
Board of County Commission hearing.
CASE NUMBER: USR-1618
APPLICANT: Justin &Jennifer Frank
PLANNER: Hannah Hippely
LEGAL DESCRIPTION: Part of the E2 SE4 Section 6, T4N, R67W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for a use
permitted as a Use by Right, and Accessory Use, or a Use by Special
Review in the Commercial or Industrial Zone districts (Dance and
Gymnastics Studio) in the A(Agricultural)Zone District.
LOCATION: West of and adjacent to CR 15 (Telep Avenue)and approximately 0.125
mile North of State Highway 60 (W. South 1st Street).
The Chair asked if anyone in the audience wished to speak for or against the application. No one stepped
forward.
CASE NUMBER: AmUSR-217
APPLICANT: Kerr-McGee Gathering, LLC
PLANNER: Kim Ogle
LEGAL DESCRIPTION: SW4 SW4 Section 23,T2N, R65W of the 6th P.M.,Weld County,Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Mineral
Resource Development Facility including a Natural Gas Processing Facility
and one or more microwave or other communication transmission or relay
tower over seventy(70)feet in height in the A(Agricultural)Zone District.
LOCATION: North of and adjacent to CR 18,and East of and adjacent to CR 45 Section
Line.
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The Chair asked if anyone in the audience wished to speak for or against the application. No one stepped
forward.
CASE NUMBER: USR-1616
APPLICANT: Mountain States Line Constructors
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot A of RE-4578; part of SE4 of Section 32, Ti N, R65W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a use
similar to the uses listed as a Use by Special Review(Trade School) in
the A(Agricultural)Zone District.
LOCATION: North of and adjacent to CR 2 and approximately 1/2 mile east of CR 39.
The Chair asked if anyone in the audience wished to speak for or against the application.
John Spillane, 5460 South Quebec, Suite 110, Greenwood Village, CO, the manager of Highland Equities
and with the Bromley Companies,which own thought they were on the list to be notified, he had not seen
any notice regarding the application; that he had hoped to hear about the applicant's plan this afternoon;
and that he would be bringing his 600 acres to Lochbuie as a residential development later this year. Mr.
Spillane expressed interest in hearing the Planning Commission's view on this application.
The Chair told Mr. Spillane that whether the case was pulled or not, he was entitled to review all of the
application materials prior to the BOCC hearing. The Chair asked the Commissioners if any of them
wished to pull the application. Commissioner Ochsner responded that he was agreeable to Case USR-
1616 remaining on the consent agenda.
The Chair asked if there were any Commissioners who wished to pull this case from the Consent Agenda.
There were none.
Doug Ochsner moved that the Consent Agenda,including Cases USR-1613, USR-1608,USR-1618,AMUSR-
217 and USR-1616, 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, Mark
Lawley seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul
Branham, yes; Bruce Fitzgerald, yes; Tom Holton, recused; Mark Lawley, yes; Roy Spitzer, yes; Doug
Ochsner, yes; Chad Auer, yes. Motion carried unanimously.
HEARING ITEMS
The Chair read the case into the record.
CASE NUMBER: USR-1617
APPLICANT: James Warner
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot D RE-3983; located in the NW4 of Section 5, T4N, R68W of the 6th
P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for an oil
and gas support facility(commercial water tap used by oil and gas
specific equipment and transportation vehicles to service off-site oil and
gas operations) in the A(Agricultural)Zone District.
LOCATION: East of and adjacent to CR 3 and south of and adjacent to State Highway
60.
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CONTINUED
UMBER: USR-1613
APPLICA Warren & Deborah Smith
PLANNER: Michelle Martin
LEGAL DESCRIPTION: of the NE4 of Section 9, T1 N, R68W of the 6th P.M., Weld County, Colorado.
REQUEST: Site ific Development Plan and Special Review Permit for A Use Permitted as a
Use by Rig , Accessory Use, or a Use by Special Review in the Commercial or
Industrial Zone Di its, (Gutter Business) in the A(Agricultural)Zone District.
LOCATION: South of and adjacent R 12 and West of and adjacent to CR 7.
Michelle Martin said the applicant was requesting a continu e to the July 17, 2007 hearing.
The Chair asked if there was anyone in the audience who wished to sp for or against continuance of this
application. No one wished to speak.
Bruce Fitzgerald moved that Case USR-1613,be continued to the July 17,2007 hearin ate. Doug Ochsner
seconded the motion. Motion carried unanimously. •
Tom Holton then recused himself from the continuance of USR-1608.
CASE NUMBER: USR-1608
APPLICANT: Ready Mixed Concrete Company
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot B, RE-4381 being part of the NW4SW4 Section 6,Ti N, R66W; SW4 Section 6,
T1N, R66W; W2NW4 Section 7, T1N R66W exc S2SE4SW4SW4 of Section 6,
T1N, R66W and also exc NE4NW4NW4 Section 7, T1N, R66W;
NE4NW4/NE4NW4NW4 and Part NW4NE4 lying W of Westerly R-O-W Lane SH 85
Section 7, T1N, R66W and the S2SE4SW4/SE4SW4SW4 and part S2SW4SE4
lying W of Westerly R-O-W Lane SH 85 Section 6 , T1N, R66W of the 6th P.M.,
Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for Mineral Resource
Development Facilities including Concrete, Recycled Concrete and Gravel Mining in
the A(Agricultural)Zone District.
LOCATION: Generally located South of and adjacent to SH 52; West of and adjacent to SH 85;
East of and adjacent to CR 25 Section Line and approximately 0.5 miles North of CR
10.
Kim Ogle, Department of Planning, said the applicant was asking for a thirty day extension in order to secure
the required water agreements.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Bruce Fitzgerald moved that Case USR-1608, be continued to the July 17,2007 hearing date.'Mark Lawley
seconded the motion. Motion carried unanimously.
The Chair asked if any of the Commissioners wished to have any of the following consent items pulled. Doug
Ochsner said he wanted to hear the public's wishes before he made his decision.
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