HomeMy WebLinkAbout20060864.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Chad Auer, that the following resolution be introduced for approval by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1539
APPLICANT: Keith & Shirley Ashbaugh
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Part of the NW4 of Section 15, T7N, R59W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a
Mineral Resource Development (Gravel Mining) in the A (Agricultural)
Zone District
LOCATION: East of and adjacent to CR 115; Approximately 3/4 mile north of CR 80.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinances in effect.
Section 22-5-80.A (CM Goal 1) states: "Conserve lands which provide valuable natural
mineral deposits for potential future use in accordance with state law." The proposed site
contains a valuable gravel deposit. Permitting of this site for this use will ensure that material
is available for repair and construction of County roads.
Section 22-5-80.6(CM.Goal 2)states,"Promote the reasonable and orderly development of
mineral resources."
Section 22-5-80.C(CM Goal 3)states:"Minimize the impacts of surface mining activities on
surrounding land uses, roads and highways."The site is surrounded by vacant pasture land
with the only residence in the vicinity being the applicants.
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 mineral resource
development facility for 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 is surrounded by vacant pasture land with the only residence
in the vicinity being the applicant's.
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. Existing land uses surrounding the property are dryland farming and pasture.
The subject property does not lie within the three-mile referral area of any municipality.
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. ,dismimair
E. Section 23-2-220.A.5-- The application complies with Section 23-5-230 of the Weld County t
Code. The site does not lie within any Overlay Districts. m l0
Effective January 1, 2003, Building Permits issued on the subject site will be required to =Cr pi
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) W \
2006-0864 TH setcread
Resolution USR-1539
Keith & Shirley Ashbaugh
Page 2
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 majority of the subject
site is classified as "Other" with a small portion of "Prime if they become irrigated" as
delineated on the Important Farmlands of Weld County map, dated 1979.
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 of the 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 Scheduling the Board of County Commissioners hearing:
A. The applicant shall designate a haul route for the transportation of the materials from the site.
(Department of Planning Services)
B. The applicant has not delineated any on-site sign(s). If applicable, and an on-site sign(s) is
desired, the applicant shall submit a sign plan to the Department of Planning Services. If no
sign plan is submitted the site shall adhere to Section 23-4-90.A and .B of the Weld County
Code which states one identification sign per principal use shall be allowed,provided that the
sign does not exceed sixteen (16) square feet in area per face. (Department of Planning
Services)
2. Prior to recording the plat:
A. The applicant submitted an approved Substitute Water Supply Plan. However, the Plan is
only valid through March 31, 2006. The applicant shall submit evidence to the Department
of Planning Services that the Plan has been renewed or that an alternative Substitute Water
Supply Plan has been approved. (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. (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.
(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.(Department of Public Health
and Environment)
E. The applicant shall submit evidence of an Aboveground Storage Tank permit from the
Colorado Department of Labor and Employment (CDL&E), Oil Inspection Section for any
aboveground storage tanks located on the site. Alternately, the applicant can provide
evidence from the (CDL&E), Oil Inspection Section that they are not subject to these
requirements. (Department of Public Health and Environment)
Resolution USR-1539
Keith & Shirley Ashbaugh
Page 3
F. The plat shall be amended to delineate the following:
1) All sheets shall be labeled USR-1539 (Department of Planning Services)
2) The plat shall indicate the appropriate certificates for signatures. (Department of
Planning Services)
3) The plat shall indicate the Development Standards associated with this application.
(Department of Planning Services)
4) The applicant shall either submit to the Department of Planning Services a copy of
an agreement with the properties' mineral lessees stipulating that the oil and gas
activities have adequately been incorporated into the design of the site or indicate
the 400' x 400' and the 800' x 800' drilling envelope locations per state statute.
(Department of Planning Services)
5) The plat shall indicate the location of any on-site signs. (Department of Planning
Services)
3. One month prior to construction activities:
A. A stormwater discharge permit may be required for a development/redevelopment
/construction site where a contiguous or non-contiguous land disturbance is greater than or
equal to one acre in area. Contact the Water Quality Control Division of the Colorado
Department of Public Health and the Environment atwww.cdphe.state.co.us/wq/PermitsUnit
for more information. (Department of Public Health and Environment)
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. The Weld County Sheriff's Office would be willing to assist in the developing a security plan for the
site. If interested, the applicant shall contact the Sheriffs office. (Sheriff's Office)
6. 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 may be added for each additional 3
month period. (Department of Planning Services)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Keith & Shirley Ashbaugh
USR-1539
1. Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development
facility(Gravel Mining) in the A (Agricultural)Zone District.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code.
3. As indicated in the application materials, operations on site shall be limited to mining and crushing
of materials for use on county road rights-of-way and the applicants property.(Department of Planning
Services)
4. To prevent the destruction of nesting wildlife, initial construction shall occur after August 15 and
before April 1. (Division of Wildlife)
5. Mining equipment shall be cleaned periodically to avoid spreading noxious weeds. (Division of
Wildlife)
6. Mined areas should be promptly re-vegetated to prevent erosion and invasion of noxious weeds.
(Division of Wildlife)
7. Weed management should be implemented at the onset of mining operations and for a period of at
least 5 years after mining operations cease. (Division of Wildlife)
8. Any fencing on the site shall comply with Division of Wildlife recommendations. (Division of Wildlife)
9. 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)
10. 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)
11. 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)
12. 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)
13. 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)
14. 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)
15. Adequate hand washing and toilet facilities shall be provided for employees and patrons of the facility.
(Department of Public Health and Environment)
16. 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)
17. An adequate water supply shall be provided for drinking and sanitary purposes. (Department of
Public Health and Environment)
Resolution USR-1539
Keith & Shirley Ashbaugh
Page 2
18. Bottled water shall be provided to employees at the temporary locations of the working face at all
times. (Department of Public Health and Environment)
19. 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)
20. 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)
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. The site will be graded to insure that all storm water run-off that comes in contact with disturbed areas
will be directed into the mining areas or settling ponds. (Department of Planning Services)
23. The applicant must take into consideration storm water capture/quantity and provide accordingly for
best management practices. (Department of Planning Services)
24. 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)
25. The applicant shall obtain and maintain all State water quality permits associated with the gravel
mining operation. (Department of Planning Services)
26. The operation shall comply with the Occupational Safety and Health Act (OSHA). (Department of
Planning Services)
27. The site shall comply with the Mine Safety and Health Act (MSHA). (Department of Planning
Services)
28. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Minerals and Geology. (Department of Planning Services)
29. 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)
30. 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)
31. 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)
32. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the reclaimed
areas. (Department of Planning Services)
33. 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)
34. "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)
Resolution USR-1539
Keith & Shirley Ashbaugh
Page 3
35. In accordance with Section 23-4-290.C of the Weld County Code,all sand and gravel operations shall
be conducted during the hours of daylight 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. (Department of Planning Services)
36. The number of on-site employees shall be limited to twenty(20)as stated in the application materials.
(Department of Planning Services)
37. 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)
38. 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)
39. 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)
40. Personnel from the Weld County Government shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services)
41. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards as shown or stated shall require the approval of an amendment of the Permit
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services. (Department of Planning Services)
42. In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special Review has
not commenced from the date of approval or is discontinued for a period of three (3) consecutive
years, it shall be presumed inactive. The county shall initiate an administrative hearing to consider
whether to grant an extension of time to commence the use or revoke the Use by Special Review.
If the Use by Special Review is revoked, it shall be necessary to follow the procedures and
requirements of Division 4 of the Weld County Code in order to reestablish any Use by Special
Review. (Department of Planning Services)
43. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning
Services)
Motion seconded by Doug Ochsner
Resolution USR-1539
Keith & Shirley Ashbaugh
Page 4
VOTE:
For Passage Against Passage Absent
Michael Miller
Bruce Fitzgerald
Erich Ehrlich
Roy Spitzer
Chad Auer
Doug Ochsner
James Welch
Tom Holton
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 Commissioner's for further proceedings.
CERTIFICATION OF COPY
I,Voneen Macklin, 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 February 7, 2006.
Dated the 7`" of February, 2006.
bicacL,Llitt C162
Voneen Macklin
Secretary
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, February 7, 2006
A regular meeting of the Weld County Planning Commission was held Tuesday 2006, in the Weld County
Department of Planning Services, Hearing Room,9181O"Street,Greeley,Colorado. The meeting was called
to order by Chair, Bruce Fitzgerald, at 1:35 p.m.
ROLL CALL
Michael Miller Absent
Erich Ehrlich
Roy Spitzer
James Welch
Bruce Fitzgerald
Chad Auer
Doug Ochsner
Tom Holton
Paul Branham
Also Present:Sheri Lockman, Chris Gathman, Pam Smith, Don Carroll, Peter Schei, Drew Scheltinga, Brian
Kim Ogle, Brad Mueller, Jesse , Char Davis
The summary of the last regular meeting of the Weld County Planning Commission held on January 17,2006,
was approved as read.
The following cases are on the Consent Agenda:
CASE NUMBER: USR-1541
APPLICANT: Great Western Oil &Gas Company
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part SE4 of Section 26, T6N, R67W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for oil &
gas production facilities in the I-1 (Industrial)Zone District.
LOCATION: West of and adjacent to CR 23 and '/ mile south of CR 66.
CASE NUMBER: USR-1539
APPLICANT: Keith &Shirley Ashbaugh
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Part of the NW4 of Section 15, T7N, R59W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a
Mineral Resource Development (Gravel Mining) in the A(Agricultural)
Zone District
LOCATION: East of and adjacent to CR 115; Approximately 3/4 mile north of CR 80.
Chad Auer moved to approve the consent agenda as amended. Doug Ochsner seconded. Motion
approved.
The following case will be removed from the Consent Agenda and Heard:
CASE NUMBER: USR-1534
APPLICANT: Duke Energy Field Services
PLANNER: Chris Gathman -
LEGAL DESCRIPTION: Part N2N2SW4 of Section 29, T5N, R66W of the 6th P.M., Weld County,
Colorado. m
REQUEST: A Site Specific Development Plan and Special Review Permit for a Z
mineral resource development facility including an oil and gas support K N
and service facility(gas processing facility) in the A(Agricultural)Zone °1
I - ?CC Cr
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, January 3, 2006
A regular meeting of the Weld County Planning Commission was held Tuesday 2006, in the Weld County
Department of Planning Services, Hearing Room,91810th Street,Greeley,Colorado. The meeting was called
to order by Vice-Chair, Chad Auer, at p.m.
ROLL CALL
Michael Miller Absent
Erich Ehrlich Absent
Roy Spitzer
James Welch
Bruce Fitzgerald Absent
Chad Auer
Doug Ochsner
Tom Holton Absent
Paul Branham
Also Present: Sheri Lockman, Don Carroll, Drew Scheltinga, Jesse Hines, Char Davis, Pam Smith
The following items will be continued:
CASE NUMBER: USR-1534
APPLICANT: Duke Energy Field Services
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part N2N2SW4 of Section 29, T5N, R66W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a
mineral resource development facility including an oil and gas support
and service facility(gas processing facility) in the A(Agricultural)Zone
District
LOCATION: West of and adjacent to Two Rivers Parkway and approximately 1/2 mile
north of 49th Street.
Brad Mueller, Department of Planning Services read a letter requesting a continuance to February 7, 2006
for mineral notification.
CASE NUMBER: USR-1539
APPLICANT: Keith & Shirley Ashbaugh
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Part of the NW4 of Section 15, T7N, R59W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a
Mineral Resource Development (Gravel Mining) in the A(Agricultural)
Zone District
LOCATION: East of and adjacent to CR 115; approximately 3/4 mile north of CR 80.
Sheri Lockman, Department of Planning Services read a letter requesting a continuance to February 7,
2006 for mineral notification.
CASE NUMBER: PZ-1090
APPLICANT: Ridgeview Farms, LLC
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Part NE4 of Section 23, T6N, R66W of the 6th P.M., Weld County,
Colorado.
REQUEST: Change of Zone from A (Agriculture) to PUD (Planned Unit Development)
for 24 Residential lots and 9.7 acres of open space.
LOCATION: South of and adjacent to State Highway 392 and west of and adjacent to
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