HomeMy WebLinkAbout20020668.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Cristie Nicklas that the following resolution along with amendments to Development Standard
#22 and#24, 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-1360
APPLICANT: Western Mobile, Inc.
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Part of the E2 of the NE4 of the NE4 of Section 9, T2N, R68W
of the 6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit
for a Mineral Resource Development Facility(Concrete Batch
Plant) in the A(Agricultural)Zone District.
LOCATION: South of and adjacent to State Hwy 119 and west of and
adjacent to WCR 7.
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.B.1 (CM.Goal 2)states,
"Promote the reasonable and orderly development of mineral resources."
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.4 of the Weld County Code provides for concrete batch
plants as a Use by Special Review 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. Western Mobile has an existing gravel mine operation to the west
and north of the site permitted by Amended Use by Special Review Permit 1199. Property
to the east has not been developed.To the south is an existing home. Northeast of the site
are two commercial businesses.Planning Staff concurs that the approval of this use will not
jeopardize the health, safety and welfare of the surrounding property owners.
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 Chapter22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The subject parcel is located within the 3 mile referral area of the City of
Longmont and the Towns of Firestone and Frederick. The Town of Frederick and the City
of Longmont indicated no conflicts with their interests. The Town of Firestone did not
respond to the referral request.
e. Section 23-2-220.A.5--The application complies with Section 23-5-230 of the Weld County
Code. The entire site is located within the Flood Hazard Overlay District area as shown on
FEMA Panel Map #080266 0850C. Conditions of Approval and Development Standards
address the issue of the floodplain. Section 22-5-80.E.2.d, CM.Policy 5.4 of the
Comprehensive Plan states "the operation will comply with County flood hazard
regulations". Approval of a Flood Hazard Development Permit is required prior to
construction on the site.
EXHIBIT
R
0770,2- (Keeper use*1360
Resolution USR-1360
Western Mobile
Page 2
Effective December 1, 1999, Building Permits issued on the lot will be required to adhere
to the fee structure of the Southwest Weld Road Impact Program Area 1.
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 "Irrigated Land (Not Prime)". None of the subject parcel is identified as "Prime"
agricultural land. All of the property is located within the 100 year flood plain thus it limits
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.
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 Commissions' recommendation for approval is conditional upon the following:
1. 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)
2. Prior to scheduling a Board of County Commissioners hearing:
A. The applicant shall submit evidence to the Weld County Department of Planning
Services that the Colorado Department of Transportation has approved all
recommended improvements to State Highway 119.(Department of Public Works)
3. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) Weld County Road 7 is designated on the 1-25 Mixed Use Development
Area Structural Plan as an arterial,four-lane road with a painted medium
with secondary road, which requires 100 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 Weld County Road 7 shall be delineated on the plat as right-
of-way. An additional 20 feet shall be delineated as right-of-way
reservation for future expansion of Weld County Road 7. (Department of
Public Works)
2) The applicant indicated that the storm water drainage will be contained on
site. The plant will be sloped from the east to the west to drain into the
storage reservoir on the west side of the site. Any discharge points shall
be indicated on the plat. (Department of Public Works)
3) The plat shall indicate one access from Weld County Road 7. Evidence
that the Weld County Department of Public Works has approved the
access location shall be submitted to the Department of Planning
Services.(Department of Public Works)
4) Any sign located on the site shall meet the requirements of Section 26-2-90
and Article IV, Division 2 of the Weld County Code and be indicated on the
plat. (Department of Planning Services)
Resolution USR-1360
Western Mobile
Page 3
B. The applicant shall submit an entrance analysis and recommendations for turning lanes at
the access to Weld County Road 7. Evidence of Weld County Department of Public Works
approval shall be submitted to the Department of Planning Services.(Department of Public
Works)
C. The applicant shall enter into a new Long-Term Maintenance and Improvements Agreement
with the Weld County Department of Public Works.The Agreement shall cover the following
issues:
1) The designated haul route.
2) Improvements for the acceleration/deceleration or left turn slot at the entrance, if
warranted.
3) A prorated percentage towards the total cost of the signalization at State Highway
119 and Weld County Road 7. This will be based on the applicants impact and
background traffic for the life of the pit.The applicant shall provide that percentage
to the Weld County Department of Public Works for review and approval.
4) The construction of a 550-foot acceleration lane with a 160-foot taper(13:5:1 taper
ratio)west of the State Highway 119/Weld County Road 7 intersection to facilitate
the northbound left-turn movement,appropriate for heavy vehicles leaving the site.
5) The extension of the existing 150-foot acceleration lane east of the intersection to
550 feet with a 160-foot taper(13:5:1 taper radius)to facilitate the northbound right
�-. turn movement. (Department of Public Works)
D. In the event that the proposed the maintenance/garage facility is equipped with a floor drain
system, the applicant must apply for an Underground Injection Control (UIC) Class V
Injection Well permit through the Environmental Protection Agency (EPA), or provide
evidence that the applicant is not subject to the EPA Class V requirements. Evidence of
Weld County Department of Public Health and Environment approval shall be submitted to
the Department of Planning Services. (Department of Public Health and Environment)
E. Submit an Air Pollution Emission Notice(A.P.E.N.)and Emissions Permit application to the
Air Pollution Control Division, Colorado Department of Health and Environment for
emissions of criteria, hazardous or odorous air pollutants. Evidence of Weld County
Department of Public Health and Environment approval shall be submitted to the
Department of Planning Services. (Department of Public Health and Environment)
F. The applicant shall submit a dust abatement plan to the Environmental Health Services,
Weld County Department of Public Health & Environment, for approval prior to operation.
Evidence that the Weld County Department of Public Health and Environment has received
the dust plan shall be submitted to the Department of Planning Services. (Department of
Public Health and Environment)
G. If applicable, a CPDS Permit shall be obtained from the Water Quality Control Division of
the Colorado Department of Health for any proposed discharge into State Waterways.
Evidence that the applicant has met this requirement to the satisfaction of the Weld County
Department of Public Health and Environment shall be submitted to the Department of
Planning Services. (Department of Public Health and Environment)
H. The applicant shall provide evidence 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 Weld County
Department of Public Health and Environment approval shall be submitted to the
Resolution USR-1360
Western Mobile
Page 4
Department of Planning Services. (Department of Public Health and Environment)
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 Department of Public Health and Environment 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)
J. The applicant shall obtain a Flood Hazard Development Permit for structures within the
100-year flood plain. (Departments of Planning Services and Building Inspection)
K. The applicant shall attempt to address the requirements(concerns)of Mountain View Fire
Protection District, as stated in the referral response dated October 10, 2001. Evidence
of such shall be submitted in writing to the Weld County Department of Planning Services.
(Mountain View Fire Protection District)
L. The applicant shall receive approval from the Weld County Department of Planning
Services to remove the proposed site from the boundary of AMUSR-1199 in accordance
with Section 23-2-200.G of the Weld County Code. (Department of Planning Services)
M. The applicant shall submit for approval a revised Landscape Plan. The revised plan shall
include berming and trees varieties that will more adequately screen the adjacent properties
and road rights-of-way. (Department of Planning Services)
4. Prior to construction:
A. Building permits shall be obtained from the Weld County Department of Building Inspection.
(Department of Building Inspection)
5. Prior to operation:
A. The off-street parking spaces for trucks and equipment shall be surfaced with gravel,
asphalt, concrete or equivalent and shall be graded and drained to prevent drainage
problems. The approach road and circulation pattern shall be asphalt or concrete.
(Department of Public Works)
6. 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)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Western Mobile Inc.
USR-1360
1. The Site Specific Development Plan and Special Use Permit is fora Mineral Resource Development
Facility(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. The facility shall operate in accordance with the approved dust control plan. The facility shall have
sufficient equipment available to implement appropriate dust control.Additional control measures
shall be implemented as required by the Weld County Health Officer. (Department of Public Health
and Environment)
4. All liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100.5, C.R.S.) 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. (Department of Public Health and Environment)
6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Department of Public Health and
Environment)
7. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
8. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone
as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
9. The facility shall utilize the existing municipal sewage treatment system. (St. Vrain Sanitation
District) (Department of Public Health and Environment)
10. 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)
11. The facility shall utilize the existing public water supply. (Left Hand Water District)(Department of
Public Health and Environment)
12. If applicable, the applicant shall obtain a storm water discharge permit from the Colorado
Department of Public Health&Environment,Water Quality Control Division. (Department of Public
Health and Environment)
13. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Minerals and Geology. (Department of Public Health and Environment)
14. Adequate hand washing and toilet facilities shall be provided for employees. (Department of Public
Health and Environment)
15. The operation shall comply with the Occupational Safety and Health Act(OSHA). (Department of
Public Health and Environment)
16. Any vehicle washing area(s)shall capture all effluent and prevent discharges from drum washing
and the washing of vehicles in accordance with the Weld County Code,the Rules and Regulations
Resolution USR-1360
Western Mobile
Page 2
f
of the Water Quality Control Commission,and the Environmental Protection Agency. (Department
of Public Health and Environment)
17. Effective December 1, 1999, Building Permits issued on the lot will be required to adhere to the fee
structure of the Southwest Weld Road Impact Program area 1. (Department of Planning Services)
18. The landscaping on site shall be maintained in accordance with the approved Landscape Plan.
(Department of Planning Services)
19. A plan review through the Weld County Department of Building Inspection will be required for each
building. Two complete sets of plans are required when applying for the building permit. (Building
Inspection)
20. Buildings shall conform to the requirements of the 1997 UBC, 1998 IMC, 1997 IPC, 1999 NEC and
Chapter 29 of the Weld County Code. (Building Inspection)
21. Each building 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. (Building Inspection)
22. USR-1360 will be considered invalid fifteen (15) years from the date of the Board of County
Commissioners resolution. Should the owners of the Batch Plant wish to continue operating, they
must be approved for a Planned Unit Development. (Department of Planning Services)
23. 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)
24. The hours of operation shall be from 5:00am to 7:00pm except in the case of public or private
emergency or to make necessary repairs to equipment.This restriction shall not apply to operation
of administrative and executive offices or repair facilities located on the property. (Department of
Planning Services)
25. Variance from the hours of operation may be granted by the Weld County Board of County
Commissioners. (Department of Planning Services)
26. 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)
27. The site shall be maintained in such a manner so as to prevent soil erosion, fugitive dust, and the
growth of noxious weeds.The site shall be maintained in such a manner as to present a neat and
well-kept appearance. (Department of Planning Services)
28. Trees and ground cover along public road frontage and drainage ways shall be planted and
maintained in order to protect against and/or reduce noise, dust, and erosion. (Department of
Planning Services)
29. Weeds and any other unsightly or noxious weeds shall be cut or trimmed as may be necessary to
preserve a reasonably neat appearance and to prevent seeding on adjacent property. (Department
of Planning Services)
30. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
Resolution USR-1360
Western Mobile
Page 3
31. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
32. Personnel from the Weld County Departments of Public Health and Environment,Planning Services
and Public Works 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.
33. 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.
34. 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.
Motion seconded by Bryant Gimlin.
VOTE:
For Passage Against Passage
Michael Miller
Bryant Gimlin
Cristie Nicklas
Cathy Clamp
Stephan Mokray
John Folsom
Bruce Fitzgerald
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 January 15, 2002.
Dated the 15th of January, 2002.
Voneen Macklin
Secretary
PLANNER: Carla Angeli
LEGAL DESCRIPTION: Lot B of RE-2196, part of the E2 of Section 5, Ti N, R68W of the
6th P.M.,Weld County, Colorado.
REQUEST: PUD Change of Zone for Summit at Mountain View.
LOCATION: 1/4 mile south of Hwy 52 on WCR 5; west on Mountain View
Street; north on Fir Avenue (West of Carmacar Ranchette
Subdivision).
Carla Angeli, Department of Planning Service,read a letter into the record requesting a continuance to March
5, 2002. The Department of Planning Service is waiting on a Public Works referral.
Cristie Nicklas moved to continue Case Z-568 to March 5,2002. Stephan Mokray seconded. Motion carried
CASE NUMBER: USR-1361
APPLICANT: Jarrald & Faye Jamison, Tire Mountain
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: N2 of the S2 of the SE4 of Section 32,T3N, R65W of the 6th P.M.,
Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for
a Solid Waste Disposal Site and Facility in the 1-3(Industrial)Zone
District, and a Certificate of Designation.
LOCATION: South of WCR 28 and west of and adjacent to WCR 41.
Sheri Lockman, Department of Planning Services, read a letter into the record requesting an indefinite
continuance.
Stephan Mokray moved to indefinitely continue Case USR-1361. Cristie Nicklas seconded. Motion carried.
— CASE NUMBER: USR-1360
APPLICANT: Western Mobile, Inc.
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Part of the E2 of the NE4 of the NE4 of Section 9, T2N, R68W of
the 6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for
a Mineral Resource Development Facility(Concrete Batch Plant)in
the A(Agricultural)Zone District.
LOCATION: South of and adjacent to State Hwy 119 and west of and adjacent
to WCR 7.
Sheri Lockman,Department of Planning Services presented Case USR-1360,reading the recommendation
and comments into the record. The Department of Planning Services is recommending approval of the
application along with the Conditions of Approval and Development Standards.
John Folsom asked what the reason was for doing a new USR not an amendment. Ms. Lockman stated that
the entire mining operation was reviewed recently and it is expensive and time consuming on both the
applicant and the staff to re-review the mining portion. Mr. Folsom asked Mr.Scheltinga about the turn lanes
and acceleration lanes. Mr. Scheltinga stated that CDOT would have to approve them. The Department of
Public Works has also recommended a sharing agreement that will help cover the cost of any future traffic
signals. The Department of Public Works is asking CDOT to re-look at the configuration of the entrance and
that all the turning lanes and access are thoroughly reviewed. The Department of Public Works cannot force
CDOT to approve the access plan nor can they force them to put in as traffic signal, they can only suggest
it.
Duane Bolig,land manager for Western Mobile Inc.,provided clarification on the ready mix batch plant. USR-
1199 was set up in 1997 and several USR were combined. USR-1199 include sand and gravel mining on the
north and south side of Hwy 119. USR-1360 is currently part of USR-1199. They are not requesting zoning
for an asphalt plant just a ready mix concrete plant. This request is for several reasons including market and
transportation conditions. The market and transportation conditions suggest that the material produced on ,
this site will go to the east to 1-25. This request is for a different plant due to the sensitivity of the traffic issues �.
for entrance off Hwy 119. This plant will enable the trucks to make a right turn onto Hwy 119 and not have m Kl
to cross all lanes of traffic. The raw materials will come from the south up WCR 7 to this new plant and _ l
eliminate the traffic on Hwy 119. Mr. Miller asked about the processing of the aggregate on the north side of S V
tfr
X okil
W
2002-0668 ywwOaNe+
the road. Mr. Bolig stated that the conveyor is dismantled and there is not much material left to be mined from
the original plant site, approximately 300-400 thousand tons. The permanent plant has already been moved
to the Cottonwood Site. Mr. Folsom asked if the remaining material will be hauled across Hwy 119. Mr. Bolig
stated that there will be no need to haul it across Hwy 119 to the ready mix plant. This material will be hauled
onto the 125 corridor. Mr. Miller asked if the intention is to crush the material and use it for road base but not
bring in a wash plant. Mr. Bolig stated that the current plans are for road base but there is a possibility for a
portable wash plant.
Mike Hart,Consultant for Lafarge,stated a concern regarding Condition of Approval#22 and what will happen
once the mining on the north side of Hwy 119 is done. Weld Country Planning Staff suggested that once the
material is mined Lafarge would need to come back for a PUD. Lafarge would like to have alternatives that
would still be in compliance with Weld County without having to go through a PUD process. The applicant
would like to see the language in Condition of Approval#22 reflect this. Lafarge would like to have long term
use of the project without having to go back through a public process for the same piece of property. Another
concern was Condition of Approval #24 with regard to hours of operation. The company would like to have
alternative language that would fit the hours they would like to work. Lafarge would like to have a 3:00am to
10:00pm time frame. Mr. Miller stated that the Weld County Code has provision for operation with regard to
a public business. Mr. Morrison provided clarification with regard to the hours that would allow them special
provisions. Ms.Lockman stated that the condition is a standard from the Weld County Code and the applicant
can ask the Board of County Commissioners for permission to operate outside those hours. The Board will
allow for this but the applicant must be specific with regard to the job in question. Mr. Folsom asked about
the proposed uses on the property once the batch plant is completed. Mr. Hart stated that the intention is to
use the ready mix plant beyond the life of the aggregate reserves. Once the life of the aggregate is completed
and the long term use is profitable then the property will be vacated. There is intended to be 65 acres that
will be water storage. The applicant will apply for any application to permit the use on the property if it is
different than what is mentioned in the application. Mr. Miller asked the applicant why they want to change
language to exempt them from PUD rules. Mr. Hart stated that the understanding is when the mining on the
north side of Hwy 119 is completed that Lafarge would have to obtain approval for what they are proposing
to do on this site through the PUD process. Ms. Lockman stated there are certain requirements in the MUD
are. If this were to come in as a batch plant without mining staff would require the applicant to go through the
PUD process. Ms.Lockman stated that once the mining is completed this would be considered an accessory
use.
Duane Bolig, stated they submitted the new USR under the recommendation of staff and would like
clarification. They have done traffic studies, landscape plans and other requirements for the PUD process
and have committed to the mitigation for the traffic. They have also committed to doing the Flood Hazard
Development permit. They are trying to conform with staff and the requirements of the PUD process. They
are asking to go through the public hearings once. Mr. Miller asked what the other standards are that would
have to be met in the PUD process that the applicant is not meeting in the USR process. Ms. Lockman stated
that PUD's have quite a few different things that are not covered by a USR including open space and interior
roads. A Change of Zone process would also need to be done. Mr. Bolig stated that they are not planning
on coming in with a multiple lots subdivision. They have made allowances for dedications along Weld County
Road 7. Mr. Folsom asked about the difference between the terms dedication and reservation. Mr.
Scheltinga responded that they have requested the full right-of-way for WCR 7. Mr. Folsom asked if the
preference was for dedication or reservation. Mr. Morrison stated that if they are willing to dedicate the ROW
it would be better. Mr. Bolig responded that if there will be a need for acceleration and deceleration lanes then
they believe the need for dedication is warranted. Mr. Bolig stated that they are trying to get approval for
placing the plant on 16 acres. The total site is 75 acres. Mr. Morrison stated that the staff presented an
interpretation of Weld County Code Section 26.2.60. Mr. Miller asked if the Planning Commission has the
option to interpret the ordinance differently. Mr. Morrison stated that the time frame for production might add
bearing to the interpretation as to what is reasonable in allowing this use as an accessory. John Ware stated
that the plant will run for approximately up to 15 yrs. This use may change in the event a more profitable use
becomes prevalent. There are many different things that make this a very viable location. The request is
to operate the batch plant in perpetuity. Mr. Miller asked if there was a time line on when mining would be
done on USR-1199. Mr.Ware stated that it could be 1-2 years. Mr. Folsom asked about the percentage of
trucks that will be hauling material on Hwy 119 and Hwy 52 along WCR 7. Mr.Moorhead,production manager
for Lafarge, stated that no more than 20% or less of those trucks will go down Hwy 52. 1-25 is a much
preferred route. Ms. Nicklas asked Mr. Scheltinga if agreements with regard to haul routes can it be
designated as to what percentage can go what route. Mr. Scheltinga stated that they do not establish the
percentages for each route. Mr. Scheltinga stated that the reason for establishing a haul route is to keep the
trucks on one route and to identify what stretches of roadway the applicant will be responsible for maintaining.
Ms. Clamp asked about the traffic signals and who is responsible for them. Mr. Scheltinga stated that the
traffic signals on Highway 119 are totally under the Colorado Department of Transportation jurisdiction.
(COOT)Mr. Folsom stated that COOT does not have the funding to put a traffic signal at Hwy 119 and WCR
7. Mr. Scheltinga stated that when a county road connects to a state highway the state highway department
takes the responsibility for the design, installation and the maintenance. The agreements are for the purpose
of sharing the cost of installation. The county can ask CDOT to locate a light and show them that funds are
available to be applied to the cost. Mr. Scheltinga stated that there is nothing we can do as a county to force
COOT to place a signal. Mr. Morrison stated that the State has ultimate decisional approval.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Don Coldway,surrounding property owner,has concerns about USR-1199 and the lack of material for mining.
The mining materials is gone, therefore, material would have to be hauled in. This will cause traffic to be a
nightmare. The adjacent property owners concerns have not been addressed. He is completely opposed
since it is already mined out.
Floyd Oliver,surrounding property owner, is in support of moving the ready mix plant to the south side of Hwy
119. There is going to be a plant located in the area but where will it be and where will it fit the best is the
question. The traffic congestion will be less if it is located on the south side of Hwy 119. Mr. Oliver has been
working with Colorado State Parks and they are very interested in having an expanded Barber Pond concept
in the St. Vrain Valley Region. Mr. Folsom asked if there was funding from the state for the purchase of the
land. Mr. Oliver stated that they have the approval through the legislature.
Rob Harding, adjacent property owner, raised issues regarding the traffic. If the applicant is going to pay for
a traffic signal this would alleviate the need to move the plant. There has been nothing addressed with regard
to that. The applicant has made no effort to contact any of the residences around the proposed plant. The
batch plant can be placed at WCR 20.5 where the material is,the difference would be approximately 2 miles.
WCR 7 is not in any condition to handle the amount of truck traffic this proposed batch plant will cause.
Shirley Silvers, surrounding property owner, has significant issues with regard to traffic. The gravel mining
operation permits came to the area and the property owners were told that when the plants were complete
the ground would be turned back into ponds,open space. These gravel mining pits are being completed and
now the batch plant permits are being applied for. Traffic is unbelievable and impossible. These gravel trucks
are coming from all direction and attempting to turn onto County Roads that are not capable of handling the
amount and size of those trucks. When was the traffic study done with regard to the truck traffic? What was
the purpose for the conveyor if trucking it out was easier. The increase in residences are already having an
impact on the surrounding area. Hwy 119 is the main arterial to the City of Longmont from I-25. The area
supported wildlife habitat before all the gravel mining operations began.
Marvin Hopper, surrounding property owner, stated his concerns with the traffic on WCR 7. WCR 7 is an
alternate route for the Del Camino traffic. The trucking of materials in and out of the site will only add to the
traffic for the residences and the surrounding area.
The chair closed the public portion of the hearing.
Michael Miller addressed the concerns of Ms. Silvers with regard to the conveyance of material and the
benefits to the company and surrounding property owners especially with regard to the decrease in traffic.
Mr. Scheltinga stated that the traffic study was done in October 2001.
Duane Bolig, addressed some of the concerns with regard to not locating the batch plant at the Cottonwood
site on WCR 20.5. The applicant looks for sites that are in commercial/industrial areas located in close
proximity to Federal and State roadways.Lafarge will be bringing in material to the site. The Cottonwood site
is not zoned for a ready mix plant. Lafarge has also been in contact with the Colorado Open Lands and is in
negotiation for the property located north of Hwy 119. Ms. Nickles asked about the batch plant on USR-1199,
and whether the materials were on site or trucked in. Mr.Bolig stated that there was not a batch plant located
on the premiss. Ms. Clamp asked about the permit for USR-1199 and specifically,the condition for ceasing
operations when bald eagles were present. Ms. Clamp asked if there is anything in this application that
addresses those same issues. Mr. Hart stated that that condition pertained to operation on the south side of
Hwy 119 and at the west end of the property. There is a bald eagle roust located there, it is not considered
a nesting area. The permit from the Army Corps of Engineers allowed for the disturbance of approximately
6 acres in that location. All the mining in that area is now complete. Mr. Bolig addressed some of the issues
and concerns with regard to traffic. Lafarge has been in contact with COOT about the signaling of Hwy 119
and WCR 7. Lafarge has committed to the funding when and if CDOT determines that signal is warranted.
Bryant Gimlin stated his concerns with the final use of the property once gravel mining is complete. Mr. Miller
stated that Lafarge must go through the PUD process if a change of use is desired. Ms. Clamp stated that
since USR-1199 already has approval,exempting it would serve no purpose. Ms. Lockman,stated that they
are in a low impact area and there is no guarantee the applicant would be approved in a PUD processor a
Change of Zone would be granted. Mr. Gimlin stated that he does not feel comfortable placing a condition
contingent upon another case. Mr. Miller stated that it would be to the benefit of the applicant as well as staff
to address the issue now. Ms. Nicklas stated that it would be beneficial to put a time line on Development
Standard#22 and it would alleviate the issues concerning the plant and what process it will be required to do
once mining is complete. Ms. Lockman stated that tracking the project would be difficult once mining is
complete if the applicant does not come in for another application to amend out the property. Ms. Lockman
suggested putting a condition utilizing a time frame on this property only.
Mr. Hart asked for clarification with regard to the time frame. Mr. Miller gave the example that after 10 years
if the applicant wanted to continue using the batch plant then they would have to come in for a PUD process.
Mr. Hart would rather see the language reflect 15 years. Mr. Morrison stated that another option would be to
set that time line and make the burden of proof be on the applicant to prove that mining operations were still
being done.
Stephen Mokray moved to amend Condition of Approval #24 to include the language "the operation hours
shall be from 5:00 am to 7:00pm except in the case of public or private emergency". Cathy Clamp seconded.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes;Stephan Mokray,yes;Michael Miller,yes; Bryant Gimlin,yes;Cathy Clamp,yes;Cristie Nicklas,
yes; Bruce Fitzgerald, yes. Motion carried
Cristie Nicklas moved to change Condition of Approval#22 to state" USR 1360 will be considered invalid 15
years from the date of the Board of County Commissioners resolution. Should the owners of the Batch Plant
wish to continue operating, they must be approved for a PUD". Bryant Gimlin seconded.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Stephan Mokray, no; Michael Miller, yes; Bryant Gimlin, yes; Cathy Clamp, no; Cristie Nicklas,
yes; Bruce Fitzgerald, yes. Motion carried
Cathy Clamp and Stephan Mokray believe that 15 years is to long.
Cristie Nicklas moved that Case USR-1360, be forwarded to the Board of County Commissioners along with
the amended Conditions of Approval and Development Standards with the Planning Commissions
recommendation of approval. Bryant Gimlin seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Stephan Mokray, no; Michael Miller,yes; Bryant Gimlin, yes; Cathy Clamp, no; Cristie Nicklas,
yes; Bruce Fitzgerald, yes. Motion carried
CASE NUMBER: S-611
PLANNER: Kim Ogle
APPLICANT: Harlen Schultz
LEGAL DESCRIPTION: Lot A of RE-2668;being part of the SW4 of Section 7, T4N, R68W
REQUEST: Minor Subdivision Final Plan
LOCATION: North of WCR 46 and east of and adjacent to WCR 1. For a more
precise location, see legal.
Kim Ogle, Department of Planning Services presented Case S-611, reading the recommendation and
comments into the record. The Department of Planning Services is recommending approval of the
application along with the Conditions of Approval and Development Standards. Mr. Ogle added that there
are two amendments to staff comments. These changes are located on Prior to Recording the Minor
Subdivision Plat addition of item G to state "the applicant shall amend the Minor Subdivision Final Plat to
reflect the conditions and comments from the Utility Board Review December 13, 2001."
John Folsom asked if an agreement has been reached with the school District for cash in Lieu. Mr. Ogle
Hello