HomeMy WebLinkAbout20071973.tiff RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION
Moved by Doug Oschner 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-1611
APPLICANT: Parker/Dersham - Hall-Irwin Corporation
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION:AMSE-656 part SE4; Lot B of AMRE-4290 part SE4;and Lot B of RE-1352 part SW4
NE4, all in Section 36, T1 N, R67W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review Permit for a Mineral
Resource Development facility including Gravel Mining,export&import of materials,
scale house and office in the A (Agricultural)Zone District.
LOCATION: Multiple parcels generally located East of and adjacent to CR 23.5; North of and
adjacent to CR 2 (Baseline Road); and South of CR 23.75.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinances in effect.
Section 22-5-80.B(CM.Goal2)states, "Promote the reasonable and orderly development of
mineral resources."The site consists of three parcels. One of the parcels lies north and west
while the other two parcels lie south and west of AMUSR-1172 and 2n° AMUSR-1172
(Baseline Resource). AMUSR-1172 and 2n° AMUSR-1172 are for dry sand and gravel
mining operations. AMUSR-1172 was approved by the Board of County Commissioners on
February 9, 2000 and 2n°AMUSR-1172 was approved on July 25, 2001.
The applicant is proposing to export the gravel from this site by conveyor to the AMUSR-1172
and 2fla AMUSR-1172 site for processing.
Section 22-5-80.8(CM.Goal 3)states, "Minimize the impacts of surface mining activities on
surrounding land uses, roads and highways."The Department of Public Works has stated
that the applicant has a road maintenance and improvements agreement with Adams County
for the haul route east from the entrance on County Road 2 to State Highway 85. A copy of
the approved agreement should be carried across to this site. The Department of Public
Works is requiring as a Development Standard that if in the future the maintenance of County
Road 2 becomes the responsibility of Weld County the applicant shall enter into a Road
Maintenance and Improvement with the Board of County Commissioners. The Department
of Public Works will not support allowing truck traffic on County Road 23.5. The applicant
has provided an existing traffic study. The applicant is indicating that the facility will not
generate any new mining traffic to the system, as they are proposing to move all the
aggregate internally by a conveyor belt or trucking system.
Section 22-5-80.D.1.h (CM.Policy 4.1.8) states, "Require all mining operations conform to
federal, state and local environmental standards." The State of Colorado, Division of Water
Resources in their referral dated March 14, 2006 states the gravel mining operation will
cause depletions to the South Platte River due to evaporative losses from exposed ground
water and operational losses. A substitute Water Supply Plan (SWSP) or court approved—
augmentation plan must be obtained to replace the depletions caused by the operation.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the(A)Agricultural H
Zone District. Section 23-3-40.A.3 of the Weld County Code provides for an amended Site M —
Specific Development Plan and a Special Review Permit for a Mineral Resource X y 1 I It
UJ l vJ
2007-1973
Resolution USR-1611
Parker/Dersham
Page 2
•
Development facility including Gravel Mining, export&import of materials, scale house and
office 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 surrounding property is primarily agricultural in nature with a few
homes in the area.The proposed use would be compatible with surrounding properties which
include gravel operations to the south and east (AMUSR-1172 and 2n°AMUSR-1172)and
agricultural uses to the west and north. The applicant is proposing to located the overburden
and topsoil stockpiles along County Road 23.5 on the southern lot and smaller piles on the
north and west sides of the home located on County Road 2. No landscaping or screening is
proposed on site. As a Condition of Approval the applicant is required to submit a Landscape
and Screening Plan.
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 proposed use would be compatible with surrounding properties which include
gravel operations to the south and east (AMUSR-1172 and 2n° AMUSR-1172) and
agricultural uses to the west and north. The City of Fort Lupton in their referral dated May 1,
2007 indicated that they have reviewed the request and find no conflicts with their interests.
No referrals were received from Adams County and the City of Brighton. Planning Staff
believes that, with the endorsement of the Conditions of Approval, contained in this
recommendation,the approval of this use will not jeopardize the health,safety and welfare of
the surrounding property owners.
E. Section 23-2-220.A.5--The application complies with Section 23-5-230 of the Weld County
Code. The proposal is located within the Flood Hazard Overlay District area as delineated on
FIRM Community Panel Map #080266-00981C and Map #080266-00995C dated
September 28, 1982. A Flood Hazard Development Permit will be required prior to operation.
Building Permits issued will be required to adhere to the following fees.
Effective January 1, 2003, Building Permits issued on the subject site will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the Storm
water/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
F. Section 23-2-220.A.6-- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. The subject site is primarily
classified as irrigated not prime land and other land as delineated on the Important
Farmlands of Weld County map, dated 1979. Section 22-5-80A.1.CM.Policy 1.1. states
"access to future mineral resource development areas should be considered in all land use
decisions in accordance with state law. No County governmental authority which has control
over zoning shall, by zoning,rezoning,granting a variance or other official action or inaction,
permit the use of any area known to contain a commercial mineral deposit in a manner which
would interfere with the present or future extraction of such deposit by an extractor".
G. Section 23-2-220.A.7--The Design Standards(Section 23-2-240 of the Weld County Code),
Operation Standards(Section 23-2-250 of the Weld County Code), Conditions of Approval,
and Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
H. Section 23-4-250--Additional requirements for Open-mining have been addressed through
Resolution USR-1611
Parker/Dersham
Page 3
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.
Should the Planning Commission approve this request, the Department of Planning Services recommends
that the following conditions of approval and development standards be attached:
1. Prior to recording the plat:
A. Section 22-5-100.A of the Weld County Code states"oil and gas exploration and production
should occur in a manner which minimizes the impact to agricultural uses and the
environment and reduces the conflicts between mineral development and current and future
surface uses." Section 22-5-100.6 of the Weld County Code states,"encourage cooperation,
coordination and communication between the surface owner and the mineral
owner/operators of either the surface or the mineral estate." Section 22-5-100.6.1 of the
Weld County Code also states "new development should be planned to take into account
current and future oil and gas drilling activity to the extent oil and gas development can
reasonably be anticipated." The applicant shall either submit a copy of an agreement with the
property's mineral owner/operators stipulating that the oil and gas activities have been
adequately incorporated into the design of the site or show evidence that an adequate
attempt has been made to mitigate the concerns of the mineral owner/operators. Specifically
addressing the seventy five (75')radius setback for the future well site as delineated on the
submittal plats. Drill envelopes can be delineated on the plat in accordance with the State
requirements as an attempt to mitigate concerns. (Department of Planning Services)
B. The applicant shall provide the Department of Planning Services with an approved State of
Division of Water Resources Substitute Water Supply Plan or court approved augmentation
plan. (Department of Planning Services)
C. The applicant shall provide written evidence from the ditch company that the proposed mining
and reclamation will not impact their use. (Department of Planning Services)
D. The applicant shall submit a detailed signage plan to the Department of Planning Services.
(Department of Planning Services)
E. The applicant shall provide current evidence that the facility has an adequate water supply
(i.e., well or community water system)to the Department of Public Health and Environment.
Evidence of approval shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
F. The applicant shall submit evidence of a Colorado Discharge Permit System (CDPS)from
the Water Quality Control Division of the Colorado Department of Health and Environment for
any proposed discharge into State Waterways, if applicable. Evidence of approval shall be
submitted to the Department of Planning Services and Department of Public Health and
Environment. (Department of Public Health and Environment)
G. The applicant shall contact the Department of Public Works Storm Water Drainage Section
for additional information regarding storm water drainage on site. Evidence shall be
submitted to the Department of Planning Services. (Department of Planning Services)
H. The applicant shall submit an application for a Flood Hazard Permit to the Department of
Public Works for review and approval. Evidence from the Department of Public Works that
the application has been approved shall be provided to the Department of Planning Services.
(Department of Planning Services)
The applicant shall submit a Landscape and Screening Plan identifying the number,size and
Resolution USR-1611
Parker/Dersham
Page 4
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.The planted material
shall be sited in a triangulation pattern for effective screening (Department of Planning
Services)
J. The applicant shall address the requirements(concerns)of the Department of Public Works,
as stated in their referral responses dated April 30, 2007. Evidence of approval shall be
submitted in writing to the Department of Planning Services. (Department of Planning
Services)
K. The applicant shall attempt to address the requirement (concerns) of the Greater Brighton
Fire District, as stated in their referral response dated April 26, 2007. Evidence of approval
shall be submitted to the Department of Planning Services. (Department of Planning
Services)
L. The applicant shall address the requirements (concerns) of State of Colorado Division of
Water Resources, as stated in the referral response dated April 24, 2007. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
M. The applicant shall address the requirements(concerns)of Weld County Sheriff's Office,as
stated in the referral response dated April 29,2007. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Department of Planning
Services)
N. The applicant shall provide evidence that RE-4290,AMRE-4290 and AMSE-656 have been
approved and recorded. (Department of Planning Services)
O. 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 and Department of Public Health and Environment.
(Department of Public Health and Environment)
P. 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)
Q. 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. Evidence
of approval shall be submitted to the Department of Planning Services. 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).(Department of Public Health and Environment)
R. 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
Resolution USR-1611
Parker/Dersham
Page 5
adequate collateral for all required materials. The agreement and form of collateral shall be
reviewed by County Staff and accepted by the Board of County Commissioners prior to
recording the USR plat. (Departments of Public Works and Planning Services)
S. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR-1611. (Department of Planning Services)
2. The on site parking, circulation, and entrance and exit lanes as approved by the
Department of Public Works and Department of Planning Services. (Department of
Planning Services)
3. The location of any on-site signs. (Department of Planning Services)
4. The approved Landscape and Screening Plan. (Department of Planning Services)
5. The slurry wall shall not be located with the future right-of-way. 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. (Departments of Planning Services and Public Works)
6. Reference to 'future development'shall be removed from the plat. (Department of
Planning Services)
7. If exterior lighting is a part of this facility, all light standards shall be delineated in
accordance with Section 23-3-250.B.6 of the Weld County Code. (Department of
Planning Services)
8. Oil and Gas encumbrances including gathering lines with appropriate setbacks shall
be delineated on the plat. (Department of Planning Services)
9. Section 23-3-250.A.6 of the Weld County Code addresses the issue of trash
collection areas. Areas used for storage or trash collection shall be screened from
adjacent public rights-of-way and all adjacent properties. These areas shall be
designed and used in a manner that will prevent wind or animal scattered trash.
(Department of Planning Services)
10. County Road 2 (Baseline Road) is designated on the Weld County Transportation
Plan Map as a major arterial road,which requires one hundred and forty(140)feet of
right-of-way at full build out. There is presently sixty (60) feet of right-of-way. This
road is maintained by Adams County. The applicant shall contact Adams County to
verify the future right-of-way required for County Road 2 and delineate such on the
plat and verify if an access permit is required. At a minimum a total of seventy(70)
feet from the centerline of Weld County Road 2 shall be delineated right-of-way on
the plat. (Department of Public Works)
11. County Road 23.5 is designated on the Weld County Transportation Plan Map as a
local gravel road,which requires sixty(60)feet of right-of-way at full build out.There
is presently sixty(60)feet of right-of-way. This road is maintained by Weld County.
A total of thirty (30) feet from the centerline of Weld County Road 23.5 shall be
delineated right-of-way on the plat. (Department of Public Works)
12. 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-1611
Parker/Dersham
Page 6
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 applicant shall install a stop sign at the exit of the pit approach on to County Road 2.
(Department of Planning Services)
C. The applicant shall submit plans for the scale/sales house to the Greater Brighton Fire
Protection District for review and approval. (Greater Brighton Fire Protection District)
D. One month prior to construction a stormwater discharge permit may be required for a
development/redevelopment/construction site where a contiguous or non-contiguous land
disturbance is greater than or equal to one acre in area. Contact the Water Quality Control
Division of the Colorado Department of Public Health and Environment at
www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of Public Health
and Environment)
4. Prior to issuance of the Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed scale house and shall be
installed according to the Weld County Individual Sewage Disposal Regulations. (Department
of Public Health and Environment)
B. The septic system is required to be designed by a Colorado Registered Professional
Engineer according to the Weld County Individual Sewage Disposal Regulations.
(Department of Public Health and Environment)
5. 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)
6. Upon completion of 1. and 2. 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)
7. The attached Development Standards for the Special Review Permit shall be adopted and placed on
the Special Review Plat prior to recording. The completed plat shall be delivered to the Weld County
Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's
Office within 60 days of approval by the Board of County Commissioners. (Department of Planning
Services)
8. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005, should the plat not
be recorded within the required thirty (30) days from the date the Board of County Commissioners
resolution a $50.00 recording continuance charge shall added for each additional 3 month period.
(Department of Planning Services)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Parker/Dersham — Hall-Irwin
USR-1611
1. A Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development
facility including Gravel Mining, export & import of materials, scale house and office in the A
(Agricultural) Zone District subject to the Development Standards stated hereon. (Department of
Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department
of Public Health and Environment)
6. The applicant shall operate in accordance with the approved"waste handling plan". (Department of
Public Health and Environment)
7. Any vehicle washing area(s)shall capture all effluent and prevent discharges from drum washing and
the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control
Commission, and the Environmental Protection Agency. (Department of Public Health and
Environment)
8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved dust abatement plan at all times. (Department of Public
Health and Environment)
9. 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)
10. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
11. Bottled water shall be provided to employees at the temporary locations of the working face at all
times. (Department of Public Health and Environment)
12. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the site.
(Department of Public Health and Environment)
13. 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)
14. Portable toilets may be utilized on sites that are temporary locations of the working face and portable
processing equipment, etc. for up to six months at each location. (Department of Public Health and
Environment)
15. 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)
16. 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)
17. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Minerals and Geology. (Department of Public Health and Environment)
18. 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)
19. "No Trespassing"signs shall be posted and maintained on the perimeter fence to clearly identify the
boundaries of the mining site. (Department of Planning Services)
20. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in
accordance with the plan. Neither the direct nor reflected light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be
used which may be confused with or constructed as traffic control devices. (Department of Planning
Services)
21. 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)
22. The number of employees shall not exceed twelve (12) at any given time on site as stated in the
application materials. (Department of Planning Services)
23. All material mined at the Parker/Dersham site shall be transported to AMUSR-1172 and 2n°AMUSR-
1172 (Baseline Resource) by conveyor belts and internal truck routes only. No truck haul route on
County Road 23.5 is permitted on adjacent roads. (Department of Planning Services)
24. 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)
25. Where topsoil is removed,sufficient arable soil shall be set aside for re-spreading over the reclaimed
areas. (Department of Planning Services)
26. Should noxious weeds exist on the property or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Section 15-1-180. (Department of Planning Services)
27. The applicant shall install a stop sign at the exit of the pit approach on to County Road 2.
(Department of Planning Services)
28. The applicant shall submit plans for the scale/sales house to the Greater Brighton Fire Protection
District for review and approval. (Greater Brighton Fire Protection District)
29. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases,diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
30. The site must take into consideration storm water capture/quantity and provide accordingly for best
management practices. (Department of Public Works)
31. 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. (Army Corps of Engineers)
32. The landscaping and screening on site shall be maintained in accordance with the approved
Landscape and Screening Plan. (Department of Planning Services)
35. 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)
36. 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)
37. 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: 2006 International Building
Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2005 National
Electrical Code; 2006 International Fuel Gas Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
38. 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)
39. A Flood Hazard Development Permit shall be submitted for buildings constructed or moved, and
stockpiles in the 100-year flood plain. (Departments of Building Inspection and Planning Services)
40. 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)
41. 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)
42. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240 of the Weld County Code.
43. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 of the Weld County Code.
44. The property owner or operator shall be responsible for complying with the Open-mining Standards of
Section 23-4-250, Weld County Code.
45. 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.
46. 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.
47. 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)
48. 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 Tom Holton.
VOTE:
For Passage Against Passage Absent
Chad Auer—Chair
Doug Ochsner—Vice Chair
Paul Branham
Erich Ehrlich
Bruce Fitzgerald
Tom Holton
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 June 19, 2007.
Dated the 19th of June, 2007.
Donita May
Secretary
CONSENT ITEMS
CASE NUMBER: USR-1611
APPLICANT: Parker/Dersham - Hall-Irwin Corporation
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION:AMSE-656 part SE4; Lot B of AMRE-4290 part SE4; and Lot B of RE-1352 part SW4
NE4, all in Section 36, T1 N, R67W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review Permit for a Mineral
Resource Development facility including Gravel Mining,export&import of materials,
scale house and office in the A(Agricultural)Zone District.
LOCATION: Multiple parcels generally located East of and adjacent to CR 23.5; North of and
adjacent to CR 2 (Baseline Road); and South of CR 23.75.
CASE NUMBER: USR-1612
APPLICANT: Brent Haugen
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot 29 Casa Grande Estates 1s`Addition of Section 17, T2N, R67W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for a Home Business
(Vehicle Repair) in the A (Agricultural)Zone District.
LOCATION: Approximately 1/4 mile east of CR 15 and approximately 1/4 mile south of CR 22.
CASE NUMBER: USR-1614
APPLICANT: Russell L Gurtler Jr Trust& Dorthy K Gurtler Trust
PLANNER: Michelle Martin
LEGAL DESCRIPTION: S2 of the SE4 of Section 24, T3N, R65W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a Mineral Resource
Development Facility including an Oil and Gas Storage Facility in the A(Agricultural)
Zone District.
LOCATION: North of and adjacent to CR 30 and West of and adjacent to CR 49.
CASE NUMBER: AmUSR-987
APPLICANT: DCP Midstream
PLANNER: Kim Ogle
LEGAL DESCRIPTION: SW4 SW4 of Section30, T3N R63W of the 6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and an Amended Special Review Permit for a
Mineral Resource Development Facility including an Oil and Gas Support and
Service Facility(Natural Gas Processing Facility)in the A(Agricultural)Zone District.
LOCATION: North of and adjacent to CR 28 and East of and adjacent to CR 61.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Doug Ochsner moved that the Consent Items, including Case USR-1611, USR-1612, USR-1614 and AmUSR-
987, 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. Tom Holton seconded
the motion.
EXHIBIT 3
(,152 #UpIJ
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul
Branham,yes; Erich Ehrlich,yes; Bruce Fitzgerald,yes;Tom Holton,yes; Mark Lawley,yes;Roy Spitzer,yes;
Doug Ochsner, yes,with comment; Chad Auer, yes. Motion carried unanimously.
Doug Ochsner said he would like to compliment the Planning Staff on the Consent Agenda as this
demonstrated how hard they had worked with all of the applicants prior to the hearing to resolve any issues.
Bruce Fitzgerald echoed Mr. Ochsner's comment.
HEARING ITEMS
Specific time for public input has been set aside for discussion on the following items:
CASE NUMBER: USR-1615
APPLICANT: Horton Farms II LLC
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Part of the SW4 of Section 28,T2N, R64W of the 6th P.M.,Weld County,Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for a Use by Right, an
accessory use, or a Use by Special Review in the Commercial or Industrial Zone
District (manufacturing of landscape blankets) in the (A)Agricultural Zone District.
LOCATION: South of and adjacent to 1-76 Frontage Road and approximately 1/4 mile east of CR
53.
Jacqueline Hatch, Department of Planning said Horton Farms II LLC c/o Steve Parry has applied for a Site
Specific Development Plan and a Special Review Permit for a Use by Right, an Accessory Use,or a Use by
Special Review in the Commercial or Industrial Zone District(manufacturing of landscape blankets) in the A
(Agricultural)Zone District.
The sign announcing the Planning Commission hearing was posted on June 5, 2007 by staff.
The site is located South of and to adjacent to 1-76 Frontage Road and approximately Y mile East of County
Road 53.
The Department of Planning Services'Staff recommends that this request be denied for the following reason:
Section 23-2-240.A.1 --Adequate water service in terms of quality, quantity and dependability is available to
the site to serve the uses permitted.
The site currently does not have a well on site. As stated in the referral dated May 7, 2007 from the State of
Colorado Division of Water Resources "According to the submitted information, the site will be served by a
domestic well. From the submitted information it is unclear if there is an exiting domestic well located on the
property or if a new well will be constructed. Given the proposed uses at the site a nonexempt commercial
well permit approved pursuant to C.R.S.37-90-137 will be required. Unless the applicant seeks a well permit
for a non-tributary source, a court approved augmentation plan will be required in order to obtain a well permit
for the proposed uses. According to the files of the State Engineer's Office the applicant has not yet submitted
a well permit application to change the use of an existing well or to construct a new well at the site. The ability
of the applicant to obtain a well permit for a commercial use will be evaluated at the time the well permit
application is submitted to the State Division of Water Resources.
No letters have been received from surrounding property owners.
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