HomeMy WebLinkAbout20060430.tiff RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION
Moved by 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-1529
APPLICANT: Asphalt Specialties Company
PLANNER: Kim Ogle
LEGAL DESCRIPTION: SE4 Section 31, T3N, R67W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review for Mineral
Resource Development Facilities, including Open Pit Mining and
Materials Processing, including a Concrete Batch Plant in the A
(Agricultural)Zone.
LOCATION: North of and adjacent to CR 26; west of and adjacent to CR 15..
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 Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 --The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinances in effect. Section 22-5-80.A (CM Goal 1) states:
"Conserve lands which provide valuable natural mineral deposits for potential future use
in accordance with state law." The proposed mine area contains a valuable sand and
gravel deposit, therefore, permitting of this site for this use will ensure that material is
available to meet future needs. Further, Section 22-5-70.A states "The County
recognizes that mineral resource extraction is an essential industry. The availability and
cost of materials, such as sand and gravel, have an economic affect on the general
construction and highway construction industry." Further, the applicant states that the
"County's annual growth rate over the last ten years averaged 3.6 percent, with total
growth from 1993 to 2003 at 42.2 percent. Population estimates for Weld County predict
an average of three percent growth for the next ten years."
Section 22-5-80.B (CM.Goal 2) states, "Promote the reasonable and orderly development
of mineral resources."The applicant proposes to mine known lands containing an existing
mineral reserve.
Section 22-5-80.E (CM Goal 5) states: "Provide for timely reclamation and reuse of
mining sites in accordance with Chapters 22, 23, 24 of the Weld County Code."The
application states that mining and reclamation will be concurrent. Concurrent
reclamation is practiced to minimize surface disturbance to the extent possible."
Section 22-5-80.F (CM Goal 6) states: "The extraction of mineral resources should
conserve the land and minimize the impact on surrounding land." The applicant states
that final reclamation will begin within one year of completion of mining activities in any
given phase, with seeding and planting completed during the appropriate time of year.
The proposed reclaimed land form creates a water storage reservoir with a compacted
clay liner that will be of benefit to County citizens.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural)Zone District. Section 23-3-40.A and Section 23-3-40.A.4 of the Weld
County Code provides for Mineral Resource Development Facilities including Open Pit
Mining and Materials Processing, including a Concrete Batch Plant in the A (Agricultural) dirimma
Zone.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the F.
existing surrounding land uses. Surrounding land uses include County permitted mineral -m
resource extraction facilities, agricultural, residential development and oil and gas =
production facilities. St. Vrain Sanitation has a facility immediately adjacent to the X
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2006-0430
Resolution USR-1529
Asphalt Specialties
Page 2
northwest of this proposed facility. There are thirteen (13) property owners within five
hundred (500)feet of this proposed application amendment area.
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 property is outside of any Inter-governmental Agreement and
Urban Growth Boundary areas for the Towns of Frederick, Firestone, Mead and the City
of Longmont.
The Town of Mead and the Town of Frederick returned a referral stating they had
reviewed the request and find no conflicts with their interests. The Town of Firestone did
not return a referral.
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 23-5-200 of the Weld
County Code. The proposal is located within the Flood Hazard Overlay District area as
delineated on FIRM Community Panel Map#080266-0615C dated September 28, 1982.
The applicant will be required to submit a Flood Hazard Development Permit to address
the proposed uses associated with this application.
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 parcel is
designated as"Prime" on the Important Farmlands of Weld County map dated 1979, with
a majority of the property located within the 100 year flood plain thus limiting the
agricultural productiveness of the site.
G. Section 23-2-220.A.7 --The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval,
and Development Standards ensure that there are adequate provisions for the protection
of health, safety, and welfare of the inhabitants of the neighborhood and County.
H. Section 23-4-250 --Additional requirements for Open-mining have been addressed
through this application and the Development Standards will ensure compliance with
Section 23-4-250 Weld County Code.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to scheduling the Board of County Commissioners hearing:
A. Section 22-5-100.A of the Weld County Code states "oil and gas exploration and
production should occur in a manner which minimizes the impact to agricultural uses and
the environment and reduces the conflicts between mineral development and current and
future surface uses." Section 22-5-100.B of the Weld County Code states"...encourage
cooperation, coordination and communication between the surface owner and the mineral
owner/operators of either the surface or the mineral estate." Finally, Section 22-5-100.6.1
of the Weld County Code 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
Resolution USR-1529
Asphalt Specialties
Page 3
owner/operators. The plat shall be amended to include any possible future drilling sites.
(Department of Planning Services)
B. The applicant shall provide written evidence that all issues involving water rights, including
a water court approved plan for augmentation or substitute water supply plan has been
approved by the State of Colorado, Division of Water Resources. Written evidence of
approval or obtaining approval from the Colorado Division of Minerals and Geology
(DMG)for a permit to mine the resource shall be submitted to the Weld County
Department of Planning Services prior to mining of the mineral resource. (Department of
Planning Services)
2. Prior to recording the USR plat:
A. The plat shall be amended to delineate the following:
1. All sheets shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
2. All sheets shall be labeled USR-1529 (Department of Planning Services)
3. The Development Standards associated with this application. (Department of
Planning Services)
4. A minimum of ten (10)feet of clearance from any existing power line or future
power line shall be maintained at all times as outlined by State Statute.
(Department of Planning Services)
5. The location of any on-site signs, including all appropriate stop signs, speed limit
signs, haul route designation signs shall be posted at the entrance. (Department
of Planning Services)
6. County Road 26 is designated on the Weld County Road Classification Plan as a
local paved road, which requires 60 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way. A total of 30 feet from the centerline of County
Road 26 shall be delineated on the plat. This road is maintained by Weld County.
County Road 26 was upgraded and paved to accommodate two gravel facilities
utilizing this as their designated haul route: L.G. Everist and Owens Brothers.
(Department of Public Works)
7. The location of all permanent structures, i.e., scale house, truck scale, all
buildings and/or structures and known areas for"portable" machinery associated
with this land use application. Further all physical encumbrances presently in-situ
for this site, i.e., irrigation ditches, oil and gas facilities et cetera. (Department of
Planning Services)
8. St Vrain Sanitation District in their referral dated September 16, 2005 states they
have an easement to the north of and outside of the defined property from the
property line to County Road 15 that serves as both an access and future utility
easement to the existing Sanitation Treatment Plan. It is requested that this
easement be delineated on all plats. (St Vrain Sanitation District)
9. St Vrain Sanitation District in their referral dated September 16, 2005 states there
is a Conservation Easement on the property and this easement shall also be
A`a, delineated. (St Vrain Sanitation District)
10. Mountain View Fire Protection District requests that all tanks installed for
flammable or combustible liquid storage or dispensing either on a temporary or
permanent need be identified with a one hundred (100)foot diameter circle
delineating a no-build zone. (Mountain View Fire Protection District)
Resolution USR-1529
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11. The approved Landscape and Screening Plan. (Department of Planning
Services)
12. The approved Site Lighting Plan. (Department of Planning Services)
B. 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 such shall be submitted to the
Department of Planning Services. (Department of Public Health and Environment)
C. 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 such shall be submitted to the Department of Planning
Services.
(Department of Public Health and Environment)
D. 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 such shall
be submitted to the Department of Planning Services. (Department of Public Health and
Environment)
E. 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:
r
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 such shall be submitted
to the Department of Planning Services. (Department of Public Health and
Environment)
F. The applicant shall provide evidence to the Department of Public Health & Environment
that any vehicle washing area will be designed and constructed to capture all effluent and
prevent any 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. Evidence of approval shall be submitted to the Weld
County Department of Planning Services. (Department of Planning Services)
G. The applicant shall submit a Lighting Plan identifying the number, size and location of all
on-site fixed and mobile lighting fixtures. (Department of Planning Services)
The applicant shall submit a Landscape Plan identifying the number, size and species of
all plant material to the Department of Planning Services for review and approval. This
plan shall include specifications of any proposed berm's, if required. The proposed berm's
will be extended to mitigate impacts to surrounding properties and adjacent road rights-of-
way. Any berm placed in the one hundred (100)year flood plain can not obstruct passage
of flood flows. 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)
J. The applicant shall provide written evidence from the Mountain View Fire Protection
District to the Department of Planning Services that all comments and stipulations as
outlined in their referral dated September 12, 2005 have been incorporated and
Resolution USR-1529
Asphalt Specialties
Page 5
delineated as appropriate on the plat. (Department of Planning Services, Mountain View
Fire Protection District)
K. The applicant shall enter into a Long-Term Road Maintenance and Improvements
Agreement with the Weld County Public Works Department on the designated haul route
described in the Agreement. The applicant shall also address all transportation and non-
transportation improvements associated with this application, i.e., landscape treatment,
berming, fencing, et cetera. Evidence of approval shall be submitted to the Weld County
Department of Planning Services. (Department of Public Works, Department of Planning
Services)
L. The applicant shall submit an Private Road Improvements Agreement for all
improvements associated with this site, i.e., fencing, overhead light fixtures, road base,
berming and landscape materials, et cetera.
M. The applicant submit and be approved for a Flood Hazard Development Permit to include
improvements to the property. (Department of Planning Services)
3. Prior to operation:
A. One month prior to operation, the applicant shall submit evidence of compliance with the
State of Colorado Department of Public Health and the Environment specific to 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 the Environment at
www.cdphe.state.co.us/wa/PermitsUnit<http://www.cdphe.state.co.us/wq/PermitsUnit>
for more information. Written evidence of compliance with referral shall be submitted to
the Department of Planning Services. (Department of Public Health and Environment)
B. An individual sewage disposal system is required for the proposed scalehouse/office and
shall be installed according to the Weld County Individual Sewage Disposal Regulations.
Written evidence of compliance with referral shall be submitted to the Department of
Planning Services. (Department of Public Health and Environment)
C. The septic system is required to be designed by a Colorado Registered Professional
Engineer according to the Weld County Individual Sewage Disposal Regulations. Written
evidence of compliance with referral shall be submitted to the Department of Planning
Services. (Department of Public Health and Environment)
D. The applicant shall provide evidence of being in receipt of the Division of Minerals and
Geology Permit, Mined Land Reclamation Permit 112 to conduct surface extraction of
construction materials and reclamation of said lands identified as the Nelson Sand and
Gravel Mine Site. Written evidence of compliance with referral shall be submitted to the
Department of Planning Services. (Department of Planning Services)
E. Access to County Road 26 shall be paved with adequate turning radiuses a minimum of
24 feet in width to accommodate two-way traffic, match existing grade. The pavement
shall extend through the scale house/office area and a small parking lot accompanying
that facility. (Department of Public Works)
^ F. A substitute Water Supply Plan or court approved augmentation plan must be obtained to
replace the depletions caused by this operator. Written evidence of compliance with
referral shall be submitted to the Department of Planning Services. (State Engineers
Office)
Resolution USR-1529
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Page 6
G. Proper building permits shall be obtained in accordance with the Weld County Building
Inspection Department, prior to any construction, demolition, or excavation. Part of the
permit application process includes a complete plan review. (Department of Planning
Services)
4. The Special Review activity shall not occur nor shall any building or electrical permits be issued on
the property until the Special Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder. (Department of Planning Services)
5. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat
not be recorded within the required sixty(60)days from the date the Board of County
Commissioners Resolution was signed a $50.00 recording continuance charge shall be added for
each additional 3 month period. (Department of Planning Services)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Asphalt Specialities, Incorporated — Nelson Pit
USR-1529
1. This Site Specific Development Plan and Use by Special Review for Mineral Resource Development
Facilities, including Open Pit Mining and Materials Processing, including a Concrete Batch Plant 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 operations on said described parcel shall be in conformance with the Weld County Flood
Regulations including:
A. No fill, berms, or stockpiles shall be placed in the one hundred (100)year flood plain of the
South Platte which would obstruct passage of flood flows. (Department of Planning Services)
B. All fuel tanks, septic tanks, temporary buildings, and any other hazardous items that might
wash away during flooding shall be securely anchored and adequately flood proofed to avoid
creation of a health hazard. Following completion of mining,all temporary buildings shall be
removed. (Department of Planning Services)
4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100.5, C.R.S., as amended)shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Department of Public Health and Environment)
5. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act,30-20-100.5,C.R.S.,as amended. Department of Public Health and Environment)
6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions,blowing debris,and other potential nuisance conditions. (Department
of Public Health and Environment)
7. The applicant shall operate in accordance with the approved"waste handling plan". (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. Adequate handwashing and toilet facilities shall be provided for employees and vendors.
(Department of Public Health and Environment)
11. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment)
12. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Central
Weld County Water District) (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. 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 State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
18. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank
Regulations (7 CCR 1101-14). (Department of Planning Services)
19. The applicant shall enter into a Long Term Road Maintenance and Improvements Agreement with
the Board of County Commissioners. (Department of Public Works)
21. The operation shall comply with the Occupational Safety and Health Act (OSHA). (Department of
Planning Services)
22. The site shall comply with the Mine Safety and Health Act (MSHA). (Department of Planning
Services)
23. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Minerals and Geology. (Department of Planning Services)
24. Should noxious weeds exist on the property or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Section 15-1-180, Articles I and II. (Department of Planning Services)
25. Building permits shall be obtained prior to the construction or placement of any structure such as a
scale,concrete and asphalt plant,office, 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)
26. 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)
27. 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)
28. 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)
29. 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)
30. 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 farthest projection from the building. (Department of Building Inspection)
31. A Flood Hazard Development Permit shall be submitted for buildings constructed in the 100-year
flood plain. (Department of Building Inspection)
32. The setbacks for the mining operation are measured from the future right-of-way plus the standard
twenty(20)feet in the Agricultural Zone District. (Department of Planning Services, Department of
Public Works)
33. Permits are required for all electrical work including electrical services for dewatering pumps, rock
crushers, construction trailers, site lighting, et cetera. (Department of Planning Services)
34. All excavation shall meet the requirements of the International Building Code and stormwater
drainage design and technical data. (Appropriate Colorado State and County agencies should be
consulted for additional regulations or requirements.)(Department of Planning Services)
35. Drawings for any building or related projects shall be submitted to the Mountain View Fire Protection
District. (Department of Planning Services)
36. Additional requirements or changes may be required when building applications or plans are reviewed
by the Weld County Building Inspection Department, the Fire District, or other State agencies.
(Department of Planning Services)
37. All fuel tanks, septic tanks, temporary buildings or any other hazardous items that may wash away
during flooding,shall be securely anchored and adequately flood-proofed to avoid creation of a flood
hazard. (Department of Planning Services)
38. Where topsoil is removed,sufficient arable soil shall be set aside for respreading over the reclaimed
areas. (Department of Planning Services)
39. If any work associated with this project requires the placement of dredged or fill material, and any
excavation associated with a dredged or fill project, either temporary or permanent, in waters of the
United States which may include streams, open water lakes, ponds or wetlands at this location, the
applicant shall obtain a Department of Army,404 Clean Water Act permit. (Department of Planning
Services)
40. In the event washing of vehicle will occur on site the applicant shall ensure that any vehicle washing
area(s)shall capture all effluent and prevent discharges from the washing of vehicles in accordance
with the Weld County Code,the Rules and Regulations of the Water Quality Control Commission,and
the Environmental Protection Agency. (Department of Planning Services)
41. All gravel trucks transporting materials out of the area on county roads shall ensure that their loads
are covered, thus reducing loose materials on the roadway and the amount of damage to vehicles.
(Department of Planning Services)
42. The operation shall comply with all applicable rules and regulations of the Federal Emergency
Management Agency including a Letter of Map revision if determined to be applicable. (Department
of Planning Services)
43. "No Trespassing"signs shall be posted and maintained on the perimeter fence at all points of ingress
and egress to clearly identify the boundaries of the site. (Department of Planning Services)
44. 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)
45. Section 23-4-290.C of the Weld County Code limits the hours of operation for sand and gravel
operations to the hours of day light, Monday through Saturday,except in the case of public or private
emergency or to make necessary repairs to equipment. Hours of operation in the winter months
(November through April) will be 7:00 am to 5:00 pm and in the summer months (May through
October)will be 7:00 am to 7:00 pm with limited hours of operation during the summer months.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)
46. Existing trees and ground cover shall be preserved,maintained,and supplemented,if necessary,for
the depth of the setback in order to protect against and/or reduce noise, dust, and erosion.
(Department of Planning Services)
47. The historical flow patterns and run-off amounts will be maintained on site in such a manner that 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 Planning Services)
48. The plant material on site shall be maintained in accordance with the approved weed eradication plan.
(Department of Planning Services)
49. The landscaping on site shall be maintained in accordance with the approved Landscape,Screen and
Buffering Plan. (Department of Planning Services)
50. The number of on-site employees shall be limited to twelve(12)as stated in the application materials.
(Department of Planning Services)
51. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code. (Department of Planning Services)
52. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code. (Department of Planning Services)
53. The property owner or operator shall be responsible for complying with the Open-mining Standards
of Section 23-4-250, Weld County Code. (Department of Planning Services)
54. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Minerals and Geology. (Department of Planning Services)
55. Personnel from the Weld County Government shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services)
56. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards as shown or stated shall require the approval of an amendment of the Permit
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services. (Department of Planning Services)
57. 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)
58. 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)
59. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005,should the plat not
be recorded within the required sixty(60)days from the date the Administrative Review was signed
a $50.00 recording continuance charge shall be added for each additional 3 month period.
(Department of Planning Services)
60. 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)
61. 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)
Motion seconded by Tom Holton
VOTE:
For Passage Absent Against Passage
Michael Miller
Roy Spitzer
Erich Ehrlich
Bruce Fitzgerald
Chad Auer
Tom Holton
Doug Ochsner
James Welch
Paul Branham
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings.
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,
adopted October 18, 2005.
Dated the 18'h of October, 2005.
Donita
^J�
Secretary
IC i8- .Pc>c5
LEGAL DESCRIPTION: Lot A of RE-3492; Pt E2NE4 of Section 30, T3N, R68W of the
6th P.M., Weld County, Colorado.
REQUEST: Change of Zone from the R-1, (Low Density Residential)Zone
District to A(Agricultural)Zone District.
LOCATION:
Chris Gathman, Department of Planning Services, said the applicant is requesting that Case CZ-1100 be
continued indefinitely. The zone change is proposed to allow in part for a landscaping business. The
applicants would like the change of zone and proposed use to be reviewed at the same time. As a result,
the Department of Planning Services is requesting additional information that defines the proposed uses.
This information has not yet been submitted and will need to be reviewed by referral agencies prior to
scheduling a Planning Commission hearing.
The Chair asked if there was anyone in the audience who wished to speak for or against this continuance.
No one wished to speak.
Michael Miller moved that Case CZ-1100, be continued indefinitely. Chad Auer seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Roy
Spitzer, yes; Michael Miller, yes; Chad Auer, yes; Tom Holton, yes, Doug Ochsner, yes; Bruce Fitzgerald,
yes; Paul Branham, yes. Motion carried unanimously.
Items for Consent:
3. CASE NUMBER:
APPLICANT:
PLANNER: Kim Ogle
LEGAL DESCRIPTION: E2 SE4 Section 31, T3N, R67W of the 6th P.M., Weld County,
Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review for
Mineral Resource Development Facilities, including Open Pit
Mining and Materials Processing, including a Concrete Batch
Plant in the A(Agricultural)Zone.
LOCATION: North of and adjacent to CR 26; west of and adjacent to CR 15.
Rob Laird, applicant, 10100 Dallas St, Henderson CO 80640, agreed to Case USR-1529 remaining on the
consent agenda.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Michael Miller moved that Case USR-1529, 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.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Roy
Spitzer, yes; Michael Miller, yes; Chad Auer, yes; Tom Holton, yes; Doug Ochsner, yes; Bruce Fitzgerald,
yes; Paul Branham, yes. Motion carried unanimously.
4. CASE NUMBER: USR-1528
APPLICANT: Edmundson Land LLC -Arbor Valley Nursery
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Part SE4 of Section 30, Ti N, R65W of the 6th P.M., Weld
County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a
use by right, an accessory use or a use by special review in the
2 EXHIBIT
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