HomeMy WebLinkAbout20020755.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Cristie Nickles that the following resolution along with the movement of 2A to 3B, language
change in 3G, deletion of sentences in 3F, addition of language in Development Standard 19, change
language in Development Standard 8, addition of Development Standards 29, 30, 31, 32, 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-1367
Planner: Chris Gathman
Applicant: Robert Oman
P.O. Box 280,
Ft. Lupton CO, 80621
Request: A Site Specific Development Plan and a Special Review Permit for open pit
mining and materials processing (extraction of sand and soil)a Use by Right in
the 1-3 (Industrial)Zone District(Manufacturing of soil products) as a Use by
Special Review in the A(Agricultural)Zone District.
Legal Description: SE4 SW4 Section 1, Township 1 North, Range 66 West of the 6th P.M., Weld
County, Colorado
Location: 1/4 mile east of Weld County Road 35 and 1/4 mile south of State Highway 52
be recommended favorably to the Board of County Commissioners for the following reasons:
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED 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 ordinance in effect. Section 22-2-60.E.1 A.Goal 5 states"The
extraction of mineral and oil and gas resources should preserve or minimize the impact on
prime agricultural land." The majority of this parcel is designated as"Other"land according
to the 1979 USDA Important Farmlands of Weld County Colorado Map. There is an
existing Special Use Permit on this parcel for open-pit mining (extraction of sand and soil)
originally permitted under Special Use Permit 460 and Amended Special Use Permit-460.
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.6 of the Weld County Code provides for mining as a Use
by Special Review in the A(Agricultural)Zone District and Section 23-3-40.R of the Weld
County Code provides for any use permitted as a use by right (manufacturing of soil
products) in the commercial or industrial zone districts 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. The proposed use is to allow for manufacturing of soil products in
addition to the existing sand mining operation on the site. This site is located adjacent to
a single family residence and 1/4 mile from the Buffalo Ridge subdivision to the south.
There is an existing mobile home immediately west of the site along with a composting
operation (Boss Composting facility-USR 1190)and truck storage operation(USR 1332)4IIISS+
1/4 mile west of this site. Lands to the immediate north and east consist of non-productive
land and flood plain. �, r•
Several residents of the Buffalo Ridge subdivision have signed a petition in opposition to
the proposal due to traffic concerns, road impacts and other issues. The applicants have Z
indicated that this application would increase truck trips from 10 round trips to 12 round trips W
2002-0755 f
Resolution USR-1367
Robert Oman
Page 2
for the tandem dump trucks and 20 round trips to 24 round trips for the tractor trailers. This
is a minimal increase above the existing sand mining operation.
Conditions of Approval and Development Standards will ensure that the proposed uses will
be compatible with the existing surrounding land uses.
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 byChapter22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The proposed use is located within the 3-mile referral area of the City of Fort
Lupton. The City of Fort Lupton indicated no conflict with their interests in a referral
received January 31, 2002.
e. Section 23-2-220.A.5 --The site does not lie within any Overlay Districts.
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 proposed use is
located on land designated as"Other"and"Prime if Irrigated"according to the 1979 USDA
Important Farmlands of Weld County Colorado Map. The majority of the parcel is
designated as"Other".
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 Commission's 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 30 days of approval by the Board of County Commissioners. (Department
of Planning Services)
2. The applicant shall vacate Special Use Permit#460 (SUP-460)and Amended Special Use Permit
#460 (AmSUP-460)
3. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1. Indicate the name and location of the Buffalo Ridge subdivision on the vicinity
map. (Department of Planning Services)
2. A traffic circulation and parking plan for the office facility showing parking space
locations and sizes shall be indicated on the plot plan. (Department of
Planning Services)
3. Location, amount, size and type of any proposed landscaping or other screening
shall be indicated on the plat. Screening along the southern boundary of the
parcel shall be addressed and be submitted to the Department of Planning
Services for review and approval prior to recording the plat. (Department of
Planning Services)
Resolution USR-1367
Robert Oman
Page 3
B. The applicant shall either submit to the Weld County Department of Planning Services a
copy of an agreement with the properties mineral owners stipulating that the oil and gas
activities have adequately been incorporated into the design of the site or show evidence
that an adequate attempt has been made to mitigate the concerns of the mineral owners.
(Dept. of Planning Services)
C. The applicant shall submit a Waste Handling Plan to the Weld County Department of
Public Health and Environment, Environmental Health Services Division. Evidence of
approval shall be submitted to the Weld County 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, including 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)
D. The applicant shall 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. The site shall
operate in accordance with all applicable rules and regulations of the Air Pollution Control
Division. Evidence of submittal shall be provided to the Department of Planning Services.
(Department of Public Health and Environment)
E. If applicable,a NPDES Permit shall be obtained from the Water Quality Control Division of
the Colorado Department of Health for any proposed discharge into State waterways.
Evidence of written approval shall be submitted to the Weld County Department of Planning
Services. (Department of Public Health and Environment)
F. An individual sewage disposal system is required for the proposed office and proposed
residence and shall be installed according to the Weld County Individual Sewage Disposal
Regulations. The proposed office septic system is required to be designed by a Colorado
Registered Professional Engineer according to the Weld County Individual Sewage
Disposal Regulations. The proposed residence may be required to be designed by a
Colorado Registered Professional Engineer. Evidence of approval from the Department
of Public Health and Environment shall be provided to the Department of Planning Services.
(Department of Planning Services)
G. The applicant shall submit a short-term Improvements Agreement for the Upgrade and
Paving of approximately 1/4 mile of WCR 12 east of WCR 35 to the scale house and office
area. A typical pavement section should reflect a minimum width of 24 feet of asphalt and
base combination,4-foot gravel shoulders,and an adequate turning radius in the northeast
corner of WCR 12 and WCR 35. The depth of asphalt and base will be determined through
a soil investigation and approved by the Weld County Public Works Department.The Board
of County Commissioners shall review and approve the Improvements Agreement
According to Policy Regarding Collateral for Improvements (Public Road Maintenance)
including the form of collateral. The security for the agreement shall be tendered and
accepted by the Board of County Commissioners. (Department of Public Works)
n H. The applicant shall submit a long-term Road Maintenance Improvements Agreement for the
designated haul route shall be submitted.The designated haul route shall be WCR 12 from
the entrance of the facility west to WCR 35 then north to State Highway 52 and disburse
either east or west at this location. (Department of Public Works)
Resolution USR-1367
Robert Oman
Page 4
I. The applicant shall submit a storm water drainage report to the Department of Public
Works. Refer to Section 24-7-20,Storm Drainage Requirements under Subdivision Design
Standards in the County Code. Evidence of Public Works approval shall be submitted to
the Department of Planning Services. (Department of Public Works)
J. The applicant shall attempt to address the recommendations (concerns) of the Colorado
Geological Survey as stated in their referral received January 25, 2002. (Colorado
Geological Survey)
K. Insurance-The operator shall furnish written evidence he is insured to the extent of not less
than one hundred thousand dollars ($100,000.00)against liability for any negligent act or
omission be the operator from the operation, maintenance, extraction, and/or production
of the sand and shall include all activities,connected with or incidental thereto.(Department
of Planning Services)
L. The applicant shall submit a technical review application to the Division of Minerals &
Geology. Evidence of approval by the Division of Minerals &Geology shall be submitted
to the Department of Planning Services. (Department of Planning Services)
M. The applicant will obtain an agreement with the adjacent land owner Mr.Chuck Buscha with
regard to the existing historical access and maintaining the access until final decision by the
Court litigation process. The agreement should address allowing the applicant to use the
existing access in the event the access off of WCR 12 is denied through a court order.
4. Upon completion of 1 and 2 above the applicant shall submit a Mylar plat along with all other
documentation required as conditions of approval. The Mylar plat shall be recorded in the office of
the Weld County Clerk and Recorder by Department of Planning Services'Staff. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The
Mylar plat and additional requirements shall be submitted within sixty(60)days from the date of the
Board of County Commissioners resolution. The applicant shall be responsible for paying the
recording fee.
5. Prior to operation:
A. The applicant shall address the requirements of the Weld County Department of Building
Inspection as stated in their referral received January 23, 2002. (Department of Building
Inspection)Clerk and Recorder. (Department of Planning Services)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Robert Oman
USR-1367
1. The Site Specific Development Plan and a Special Review Permit for open pit mining and materials
processing (extraction of sand and soil) a Use by Right in the 1-3 (Industrial) Zone District
(Manufacturing of soil products)as a Use by Special Review 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. Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent
properties. (Department of Planning Services)
4. The facility shall be limited to a total of no more than 36 round trip truck trips per day. (Department
of Planning Services)
5. An Individual Sewage Disposal System (ISDS) is required for the proposed office and proposed
residence and shall be installed according to the Weld County ISDS regulations. The proposed
office septic system is required to be designed by a Colorado Registered Professional Engineer
according to the Weld County ISDS Regulations. The proposed residence may be required to be
designed by a Colorado Registered Professional Engineer. (Department of Public Health and
Environment)
6. In accordance with the Above Ground Storage Tank Regulations (7 CCR 1101-14) a spillage
retention berm shall be constructed around the tank battery. The volume retained by the spillage
berm should be greater than the volume of the largest tank inside the berm. Alternative protective
measures may be allowed provided they comply with the Above Ground Storage Tank Regulations.
(Department of Public Health and Environment)
7. 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)
8. 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)
9. 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)
10. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
11. This facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial
Zone as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
12. Adequate toilet and hand washing facilities shall be provided for employees and the public.
(Department of Public Health and Environment)
13. 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)
14. The facility shall operate in accordance with the approved dust control plan. The facility shall have
sufficient equipment available to implement dust control as required by the Weld County
Resolution USR-1367
Robert Oman
Page 2
Department of Public Health and Environment. (Department of Public Health and Environment)
15. Any required emissions permit shall be obtained from the Air Pollution Control Division, Colorado
Department of Health, for fugitive dust and odors.
16. The Special Use Permit shall be maintained in such a manner so as to prevent soil erosion,fugitive
dust and growth of noxious weeds.The site shall be maintained in such a manner as to present a
neat and well kept appearance.
17. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Minerals and Geology. (Department of Public Health and Environment)
18. The operation shall comply with the Occupational Safety and Health Act(OSHA). (Department of
Public Health and Environment)
19. The operation shall comply with the Mine Safety and Health Act (MSHA). (Department of Public
Health and Environment)
20. The landscaping on site shall be maintained in accordance with the approved landscape plan.
(Department of Planning Services)
21. As stated in Section 23-4-290.A of the Weld County Code,no excavation or processing of materials
shall be permitted nearer than ten (10) feet of the boundary of adjacent property, easement or
irrigation ditch or right-of-way, nor nearer than 125 feet to any existing residence, unless by written
agreement to the owner of owners of such adjacent property consent to a lesser distance and the
Planning Commission approves such lesser distance. (Department of Planning Services)
22. All operations shall be conducted during the hours of 7:00 am to 6:00 pm or dark whichever comes
first, except in cases of public or private emergency, or to make necessary repairs to equipment.
This restriction shall not apply to the operation of administrative and executive offices or repair
facilities if located on the property. (Department of Planning Services)
23. Existing trees and ground cover along public road frontage and drainage ways shall be preserved,
maintained and supplemented if necessary,for the depth of the setback in order to protect against
and/or reduce noise, dust and erosion. (Department of Planning Services)
24. No Stockpiling shall be allowed on the Special Use Permit area which would cause damage to
adjacent properties or county road right-of-way by altering the historic drainage pattern.(Department
of Planning Services)
25. Insurance-The operator shall furnish written evidence he is insured to the extent of not less than
one hundred thousand dollars ($100,000.00) against liability for any negligent act or omission be
the operator from the operation, maintenance, extraction, and/or production of the sand and shall
include all activities, connected with or incidental thereto.
26. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240 , Weld County Code.
27. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 and Section 23-2-290, Weld County Code.
28. All phases of the operation shall comply with all applicable County, State and Federal Health
standards and regulations and other applicable rules and regulations of governmental bodies having
jurisdiction on the premises.
29. 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
Resolution USR-1367
Robert Oman
Page 3
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ensure the activities carried out on the property comply with the Development Standards stated
herein and all applicable Weld County regulations.
30. 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.
31. 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 John Folsom.
VOTE:
For Passage Against Passage
Michael Miller
Cristie Nicklas
Cathy Clamp
John Folsom
Luis Llerena
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 March 5, 2002.
Dated the em p5th�of M�archh,, 2002.
Voneen Macklin
Secretary
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