HomeMy WebLinkAbout20022168.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jack Epple that the following resolution, along with the additions of Development Standards#4
and #5; the addition of language to Development Standard #12 and #13, and deletion of #14, with
subsequent renumbering; the changes to move Conditions of Approval #2.B., 2.C., and 2.D., to prior to
recording the plat;the deletion of Conditions of Approval#3.H and 3.M.,with subsequent renumbering, 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-1343
PLANNER: Chris Gathman
APPLICANT: Owens Bros. Concrete Co., 5550 Sheridan Blvd., Arvada, CO 80002
REQUEST: A Site Specific Development Plan and a Special Review Permit for Dry Open Pit Mining and
Materials Processing in the A(Agricultural)Zone District.
LEGAL: S2 SW 4 and the W2 SE4 Section 28, Township 3 North, Range 67 West of the 6th P.M.,
Weld County, Colorado
LOCATION: North of and adjacent to Weld County Road 28, 1/4 mile west of Weld County Road 19.
be recommended favorably to the Board of County Commissioners for the following reasons:
re` 1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
a. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinances in effect. Section 22-5-80.B states"Promote the
reasonable and orderly development of mineral resources." Conditions of Approval and
Development Standards ensure that impacts to surrounding land uses will be adequately
mitigated.
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 Mining 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. An existing wetlands area borders the site to the south,
farmland is located to the east and an existing gravel pit(USR-1219)is located to the north
and west. Several letters from adjacent property owners have expressed concerns with the
location of the gravel processing facilities, impacts on the water level of neighboring wells
and wetlands and the proposed access onto Weld County Road 28. Attached development
standards and conditions of approval will ensure that these concerns will be adequately
mitigated.
4 EXHIBIT
a
#1343
2002-2168
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Owens Brothers
Page 2
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 Town of Mead in their referral received June 11, 2001 indicated no
conflicts with their interests but suggested that an irregular shoreline was more desirable
for reclamation than square lakes. The Town of Platteville in a letter received July 16,2001
indicated that the Platteville Planning Commission on June 11, 2001 voted unanimously
against the application with the indication that it did not comply with their comprehensive
plan. The Town of Platteville expressed concern with the potential impacts on neighboring
residences and businesses and the agricultural buffer zone. The Town of Platteville
recommended that the processing facility be moved adjacent to the existing Varra facility
(northwest corner),that all truck traffic be routed to WCR 19 and Highway 66(not WCR 28
and WCR 17, limit hours of operation to daylight hours, remove the batch plant operation
and address groundwater issues in regards to the wetlands area to the south and
neighboring wells. Attached development standards and conditions of approval will that
these concerns will be adequately mitigated.
e. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County
Code. This site is located within the Southwest Weld Road Impact Fee Area#3. This fee
will be assessed at time of building permit. This site is also located within the Flood Hazard
Overlay District. The applicants have applied for a Flood Hazard Development Permit.
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. Section 22-2-60 A.Goal
5 of the Weld County Code states "The extraction of mineral and oil and gas resources
should preserve or minimize the impact on prime agricultural land." The majority of the
mine site is designated as"Irrigated Land (Non Prime)"according to the 1979 "Important
Farmlands of Weld County' Map. The western 1/4 of the site is designated as "Prime
(Irrigated)"land.
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)
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RESOLUTION, USR-1343
Owens Brothers
Page 3
2. Prior to scheduling a Board of County Commissioners hearing:
A. Section 22-5-100 B.1 of the Weld County Code states"new planned unit developments or
subdivisions 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 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. (Department of
Planning Services)
B. The applicant shall provide evidence that the applicant has applied for an adequate water
supply. The applicant shall provide a copy of a well permit for commercial use through the
Colorado State Division of Water Resources,or provide evidence that a water tap has been
purchased. (Department of Public Health and Environment)
C. The applicant shall either submit to the Weld County Department of Planning Services a
copy of an agreement with neighboring property owners stipulating that potential impacts
to the wetlands area and adjacent wells have been adequately mitigated or show evidence
that an adequate attempt has been made to mitigate property owners concerns in regards
to wetlands and well impacts. (Department of Planning Services)
D. Applicant shall provide a copy of an approved water augmentation plan from the Colorado
Division of Water Resources to the Department of Planning Services. (Dept. of Planning
Services)
E. Applicant shall provide justification for the proposed location of the gravel processing
facilities. (Dept. of Planning Services)
F. Applicant shall amend and resubmit the traffic study to address the concerns of the
Department of Public Works as stated in their memorandum dated July 6,2001. Evidence
of Department of Public Works approval of the revised traffic study shall be submitted to the
Department of Planning Services. (Department of Planning Services)
G. The applicant shall submit a copy of an agreement with the Last Chance Ditch Company,
whose irrigation ditch runs along half of the proposed development, stipulating that all
concerns of the ditch company have been adequately addressed, or submit evidence that
reasonable accommodations have been made. (Dept. of Planning Services)
3. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) Stormwater discharge points shall be indicated on the plat. (Department of Public
Works)
2) The approved Landscaping and Buffering Plan. (Department of Planning
Services)
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RESOLUTION, USR-1343
Owens Brothers
Page 4
3) Weld County Road 19 is designated on the Southwest Study Area Capacity
Improvement Needs as a collector status road, which requires 80 feet of right-
of-way at full build out. There is presently 60 feet of right-of-way. A total of 40
feet from the centerline of Weld County Road 19 shall be delineated on the plat
as right-of-way reservation for future expansion of Weld County Road 19. This
road is maintained by Weld County. (Department of Public Works)
4) The reclamation plan shall be amended to indicate irregular shorelines for the
proposed lakes. (Department of Planning Services, Town of Mead)
B. In the event the proposed maintenance shop is equipped with a floor drain, 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 Department of Public Health
and Environment approval shall be submitted to the Department of Planning Services.
(Dept. of Public Health and Environment)
C. The applicant shall submit a Waste Handling Plan to the Weld County Department of
Public Health & 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 (this should include
expected volumes and types of waste generated). (Department of Public Health
and Environment)
2) A list of the type and volume of chemicals expected to be stored on site.
(Department of Public Health and Environment)
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. An Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application must be
submitted to the Colorado Department of Health and Environment, Air Pollution Control
Division, for emissions of criteria, hazardous or odorous air pollutants. (Department of
Public Health and Environment)
E. An Individual Sewage Disposal System is required for the proposed aggregate processing
plant, maintenance and office facilities and shall be installed according to the Weld County
I.S.D.S. Regulations. The septic system is required to be designed by a Colorado
Registered Professional Engineer according to the Weld County I.S.D.S.Regulations. The
installation of the septic system shall comply with the Weld County I.S.D.S. flood plain
policy. (Department of Public Health and Environment)
F. 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.
(Department of Public Health and Environment)
RESOLUTION, USR-1343
Owens Brothers
Page 5
G. A Dust Abatement Plan shall be submitted to the Weld County Department of Public Health
& Environment, Environmental Health Services Division. Evidence of approval shall be
submitted to the Weld County Department of Planning Services. (Department of Public
Health and Environment)
H. The applicant shall submit a Landscaping and Buffering Plan to the Department of Planning
Services for review and approval. (Department of Planning Services)
The applicant shall enter into a Road Maintenance and Improvements Agreement with the
Weld County Public Works Department for the upgrading and paving or maintenance of
Weld County roads which are associated with the operation and any additional intersection
improvements associated with heavy hauling that may be identified in the traffic study.
(Department of Public Works)
J. The applicant shall apply for a Department of Army, Clean Water Act permit and submit
evidence of approval to the Department of Planning Services or submit evidence from the
Department of the Army that the 404 Clean Water Act permit is not applicable. (Department
of Planning Services)
K. A 30 foot wide joint easement extending across the adjacent property to the east to Weld
County Road 19 shall be shown clearly on the plat. The joint access easement shall be
dedicated for the use as shown using the language set forth in the Weld County Code,
Appendix 24-F.E.The easement shall be graded and drained to provide all weather access.
L. The applicant shall provide to the Weld County Department of Planning Services a copy of
the access permit issued by the Colorado Department of Transportation (CDOT) which
grants access to State Highway 66 , or written evidence that the applicant has complied
with the requirements of the Colorado Department of Transportation(CDOT). (Department
of Planning Services)
M. The applicant shall attempt to address the recommendations of the Town of Mead as stated
in their referral received June 10, 2001. (Department of Planning Services)
N. The applicant shall provide evidence that the facility has obtained an "adequate" water
supply. Applicant shall apply for a well permit for commercial use for through the State of
Colorado, Division of Water Resources or provide evidence that a water tap has been
purchased. (Department of Public Health & Environment)
O. A letter from Savage and Savage dated January 12,2001 indicated that no potential critical
Ute Ladies-tresses Orchid was found at the proposed mining site. A letter stating that the
U.S. Fish and Wildlife Service concurs with this letter shall be submitted to the Department
of Planning Services. If the Ute Ladies-tresses Orchid is found at the site, mitigation
techniques approved by the United States Department of the Interior, Fish and Wildlife
Services shall be submitted to the Department of Planning Services. (Dept. of Planning
Services)
RESOLUTION, USR-1343
Owens Brothers
Page 6
P. A letter from Savage and Savage dated January 12,2001 indicated that no potential critical
Preble's Meadow Jumping Mouse habitat was found at the proposed mining site. A letter
stating that the U.S. Fish and Wildlife Service concurs with this letter shall be submitted to
the Department of Planning Services. If the Preble's Meadow Jumping Mouse is found at
the site, mitigation techniques approved by the United States Department of the Interior,
Fish and Wildlife Services shall be submitted to the Department of Planning Services.
(Dept. of Planning Services)
4. Prior to operation:
A. Applicant shall apply for and receive approval of building permits. (Department of Building
Inspection)
5. The Special Review activity shall not occur nor shall any building or electrical permits be issued on
the property until the Special Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder. (Department of Planning Services)
Motion seconded by Michael Miller.
VOTE:
For Passage Against Passage
Cristie Nicklas
Michael Miller
Arlan Marrs
Bryant Gimlin
Jack Epple
John Folsom
Fred Walker
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,Wendi Inloes, 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 July 17, 2001.
Dated t ofof y,
Wendi Inloes
Secretary
�-. SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Owens Brothers Concrete Company
USR- 1343
1. The Site Specific Development Plan and Special Use Permit is for Dry Open Pit Mining and
Materials Processing 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. Off-street parking spaces at the main office parking lot, including access drive, shall be surfaced
with asphalt, concrete, or equivalent, and shall be graded to prevent drainage problems. The
access drive shall be paved up to 300 feet west of the intersection of WCR 19. (Department of
Public Works)
4. In the event that the facility utilizes the residence on the property for commercial purposes, the
septic system shall be reviewed by a Colorado registered professional engineer. The review shall
consist of observation of the system and a technical review describing the systems ability to handle
the proposed hydraulic load. The review shall be submitted to the Environmental Health Services
Division of the Weld County Department of Public Health and Environment. If the system is found
to be inadequately sized or constructed, the system must be brought into compliance with current
regulations. (Department of Public Health and Environment)
5. In accordance with the above ground storage tank regulations, 7-CCR-1101-14, a retention berm
shall be constructed around the tank battery. The volume retained by the spillage berm shall be
greater than the volume of the largest tank inside the berm. Alternate protective measures may be
allowed provided that they comply with the above storage tank regulations. (Department of Public
Health and Environment)
6. 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)
7. 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 Waste Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
8. 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)
9. Fugitive dust shall be controlled on this site. (Dept. of Public Health and Environment)
10. The facility shall operate in accordance with the approved dust abatement plan at all times. The
facility shall have sufficient equipment available to implement the dust control as required by the
Weld County Department of Public Health and Environment.Additional control measures shall be
implemented as required by the Weld County Health Officer. (Dept. of Public Health and
Environment)
11. The applicant shall remove,handle,and stockpile overburden,soil,sand and gravel from the facility
area in a manner that will prevent nuisance conditions. (Dept. of Public Health and Environment)
12. 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. (Dept.
of Public Health & Environment)
13. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone
District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment).
14. Adequate toilet and hand washing facilities shall be provided for the employees. (Department of
Public Health and Environment)
15. Portable toilets may be utilized on sites which are temporary locations of the working face and
portable processing equipment, etc.,for up to six months at each location.(Dept. of Public Health
and Environment)
16. The operation shall comply with all operation policies identified in Sections 23-4-250 through 23-4-
310 of the Weld County Code. (Dept. Of Public Health and Environment)
17. All dewatering pumps shall be powered by electric motors, and no diesel powered dewatering
pumps shall be allowed, including diesel generators to power electric.
18. 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. (Dept. of
Planning Services)
19. The operation shall comply with the Occupational Safety and Health Act(OSHA). (Dept. Of Public
Health and Environment)
20. The operation shall comply with the Mine Safety and Health Act (MSHA). (Dept. Of Public Health
and Environment)
21. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Minerals and Geology. (Department of Public Health and Environment)
22. Effective December 1, 1999, Building Permits issued on the site will be required to adhere to the
fee structure of the Southwest Weld Road Impact Program area #3. (Department of Planning
Services)
23. The landscaping on site shall be maintained in accordance with the approved Landscape Plan.
(Department of Planning Services)
24. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
25. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
26. Personnel from the Weld County Departments of Public Health and Environment and Planning
Services 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.
27. 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.
28. 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.
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