HomeMy WebLinkAbout20050278.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by James Rohn,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: AmUSR-1255
APPLICANT: L.G. Everist, Inc.
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot 1, 2, 3, and 4- N2NW4; Lot 6 SW4 NE4 30-2-66; Lot 3 E2 NE4 25-2-67
platted as The Lupton Meadows Land Co. Division 3 of the 6th P.M., Weld
County, Colorado.
REQUEST: An Amendment to a Site Specific Development Plan and a special Review
Permit for a Mineral Resource Development Facility, including open pit
mining and materials processing; including Asphalt and Concrete Batch
Plants, in the A(Agricultural)Zone District
LOCATION: Y mile south of CR 18 and '/ mile west of State Highway 85.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Department of Planning Services'staff that the applicant has shown compliance
with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinances in effect. Section 22-5-80.A (CM Goal 1) states:
"Conserve lands which provide valuable natural mineral deposits for potential future use in
accordance with state law." The amendment area contains a valuable sand and gravel
deposit. Permitting of this site for this use will ensure that material is available to meet future
needs. Further, Section 22-5-70.A states "The County recognizes that mineral resource
extraction is an essential industry. The availability and cost of materials, such as sand and
gravel, have an economic affect on the general construction and highway construction
industry." Further,the applicant states that the"County's annual growth rate over the last ten
years averaged 3.6 percent,with total growth from 1993 to 2003 at 42.2 percent. Population
estimates for Weld County predict an average of three percent growth for the next ten years."
Section 22-5-80.B(CM.Goal 2)states,"Promote the reasonable and orderly development of
mineral resources." The amendment proposes to mine the additional lands as existing
mineral reserves are depleted.
Section 22-5-80.C(CM Goal 3)states:"Minimize the impacts of surface mining activities on
surrounding land uses, roads and highways." The applicant states there will be no change
in the permitted truck count or average production rate, and therefore no additional impacts
on surrounding lands and roads, other than a change in the access location. The access
location change will be accompanied by road improvements equal to the impact of such
change between the Applicant and Weld County Public Works. The referral received from
the Department of Public Works dated October 10, 2004, states "The applicant shall enter
into a new road maintenance and improvements agreement with the Weld County
Department of Public Works for the additional safety improvements to the designated haul
route associated with County Road 18 and US Highway 85."
Further, the Department of Public Works states "...additional off-site safety improvements
include: roadway alignment at both approaches to Bridge 18/25B which is the small bridge
crossing directly west of US Highway 85 and a right turn lane(free right)onto the acceleration
lane at US Highway 85 to accommodate heavy hauling associated with the sand and gravel
mining on the haul route."
2005-0278
m t :,
Resolution AmUSR-1255
LG Everist
Page 2
The applicant has submitted by a traffic study by LSC Transportation Consultants, Inc.,dated
May 2000. The traffic study indicates that the proposed expansion would generate the same
amount of traffic,approximately 162 vehicles entering and 162 exiting including 40 passenger
vehicles and pick-up trips. The proposed amendment to the USR is to add additional
acreage.The applicant indicated no change in the number of vehicle trops. There will be no
increase in truck traffic or average production (500,000 tons per year.
Section 22-5-80.D (CM Goal 4)states"Minimize the impacts of surface mining activities on
surrounding land uses, roads and highways." The applicant states there will be no change
in the number or type of processing equipment,or in the average production rate. The plant
and processing areas will continue to be setback from County Roads and will be partially
screened through the use of earthen berms and vegetation.
Section 22-5-80.F(CM Goal 6)states:"The extraction of mineral resources should conserve
the land and minimize the impact on surrounding land." The applicant states that final
reclamation will begin within one year of completion of mining activities in any given phase,
with seeding and planting completed during the appropriate time of year. The proposed
reclaimed landform creates five lined water storage reservoirs, that will be of benefit to
County citizens.
Colorado State Statute § 34-1-305 addresses the preservation of commercial mineral
deposits for extraction.
(1) "After July 1, 1973, no board of county commissioners, governing body of any city
and county, city, or town, or other governmental authority which has control over
zoning shall, by zoning, rezoning, granting a variance, or other official action or
inaction, permit the use of any area known to contain a commercial mineral deposit
in a manner which would interfere with the present or future extraction of such
deposit by an extractor."
(2) "After adoption of a master plan for extraction for an area under its jurisdiction, no
board of county commissioners,governing body of any city and county,city,or town,
or other governmental authority which has control over zoning shall, by zoning,
rezoning, granting a variance, or other official action or inaction, permit the use of
any area containing a commercial mineral deposit in a manner which would interfere
with the present or future extraction of such deposit by an extractor."
(3) "Nothing in this section shall be construed to prohibit a board of county
commissioners, a governing body of any city and county, city, or town, or any other
governmental authority which has control over zoning from zoning or rezoning land
to permit a certain use, if said use does not permit erection of permanent structures
upon, or otherwise permanently preclude the extraction of commercial mineral
deposits by an extractor from, land subject to said use."
(4) "Nothing in this section shall be construed to prohibit a board of county
commissioners, a governing body of any city and county, city, or town, or other
governmental authority which has control over zoning from zoning for agricultural
use, only, land not otherwise zoned on July 1, 1973."
(5) "Nothing in this section shall be construed to prohibit a use of zoned land permissible
under the zoning governing such land on July 1, 1973."
(6) "Nothing in this section shall be construed to prohibit a board of county
commissioners, a governing body of any city and county, city, or town, or any other
governmental authority from acquiring property known to contain a commercial
mineral deposit and using said property for a public purpose; except that such use
shall not permit erection of permanent structures which would preclude permanently
the extraction of commercial mineral deposits."
Resolution AmUSR-1255
LG Everist
Page 3
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District.Section 23-3-40.A and Section 23-3-40.A.4 of the Weld County Code provides
for Mineral Resource Development facilities; including open pit mining and materials
processing; including a Concrete and Asphalt Batch Plant 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. Surrounding land uses are residential and agricultural. There are
existing buildings on the parcel, including several single family residences and outbuildings,
additionally, there are oil and gas wells,tanks, and appurtenances that will not be impacted
by the mining activities. Existing single family dwellings that may be impacted by the
proposed mining activities are to be relocated to other parcels of land outside of this mining
application.
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 typically agricultural and rural residential in
use. Additionally,there are four County permitted sand and gravel mines, in addition to the
applicant's Fort Lupton Sand and Gravel facility located within two miles of the amendment
area. Weld County has two facility's—Koenig and Bearson mines;the Heit Mine and NCCI's
Zadel Mine. The proposed mining and reclamation plans for water storage have been
designed to be compatible with the existing surrounding and approved future land uses.
State Highway 85 is approximately 0.5 mile to the east.Little Dry Creek traverses the western
edge of the amendment site, with the Lupton Bottom Ditch bisecting the amendment and
existing mine site and the South Platte River serves as the eastern property extent. The City
of Fort Lupton is within the three mile referral area and is approximately 0.5 miles to the
south of the permit area. The amendment and existing site are outside of the
Intergovernmental Agreement Area as evidenced by the Notice of Inquiryform submitted with
this application.
The City of Fort Lupton,in a letter dated October 6,2004 stated that the Fort Lupton Planning
Commission was to review this case on October 12, 2004 at 7:00 PM. Staff received the
October 12,2004 Meeting Minutes which state"...we have reviewed the request and find no
conflicts with our interest..."
Planning Staff believes that,with the endorsement of the Conditions of Approval, contained
in this recommendation, the approval of this use will not jeopardize the health, safety and
welfare of the surrounding property owners.
E. Section 23-2-220.A.5--The application complies with Section 23-5-200 of the Weld County
Code. The proposal is located within the Flood Hazard Overlay District area as delineated
on FIRM Community Panel Map#080266-0868C dated September 28, 1982. The applicant
will be required to amend their existing Flood Hazard Development Permit#355 to address
the proposed uses associated with this amendment.
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
"Other" and "Irrigated Land (Not Prime)". No lands associated with this amendment are
identified as "Prime" agricultural land. Much of the property is located within the 100 year
flood plain thus limiting the agricultural productiveness of the site. The area has historically
been utilized as pastureland.
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LG Everist
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G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval, and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
H. Section 23-4-250--Additional requirements for Open-mining have been addressed through
this application and the Development Standards will ensure compliance with Section 23-4-
250 Weld County Code.
This recommendation is based, in part,upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to scheduling the Board of County Commissioners hearing:
A. Environmental Health Services has reviewed this proposal for a mining and materials
processing. Environmental Health has no objections to the proposal, however, in reviewing
the application Environmental Health has observed that the applicant did not address potable
water use for employees and visitors. The original application allowed bottled water.
Environmental Health does not believe that bottled water is an adequate source of water for
this type of operation. The facility plans to operate at this location for 27 to 37 years and will
employ 11 individuals, thus Environmental Health Services believes a permanent, potable
water source, i.e.well, community water system is appropriate to serve the sanitary needs
of the employees and visitors to the facility. The applicant shall provide evidence of an
adequate permanent water supply to the Department of Public Health and Environment and
Department of Planning Services. (Department of Public Health and Environment)
r-
2.. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1. All sheets shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
2. All sheets shall be labeled AmUSR-1255 (Department of Planning Services)
3. The Development Standards associated with this application. (Department of
Planning Services)
4. A minimum of ten(10)feet of clearance from any existing power line or future power
line shall be maintained at all times as outlined by State Statute. (Department of
Planning Services)
5. The location of any on-site signs. (Department of Planning Services)
6. The approved Landscape, Screen and Buffering Plan. (Department of Planning
Services)
7. The Permit Boundary for the mining operation shall align itself with the legal
descriptions of the parcels noted in the application. (Department of Planning
Services)
8. County Road 18 is designated on the Weld County Road Classification Plan as a
collector status road,which requires an 80-foot 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 County
Road 18.shall be delineated right-of-way reservation for future expansion of County
Road 18. This road is maintained by Weld County. (Department of Public Works)
Resolution AmUSR-1255
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9. The materials utilized in the Landscape, Screening and Buffering Plan shall be
delineated on a screened mylar of the Extraction Plan Map and all plant materials
shall be identified on said drawing. This document shall be prepared for recording.
(Department of Planning Services)
10. The applicant shall delineate all right-of-way and easements associated with the
Lupton Bottom Ditch. (Department of Planning Services)
11. The 200-300 foot setback from the tree line located west of the South Platte River
riparian corridor in the area identified as the "Golden Pit" on the applicant's map.
(Colorado Division of Wildlife)
12. The recommended fifty (50) foot setback from Little Dry Creeks jurisdictional
wetlands,east of the creek as stated in the Division of wildlife's referral. (Colorado
Division of Wildlife)
B. The applicant shall provide evidence to the Department of Planning Services that the
recommendations submitted by the Platte Valley Soil Conservation District, specific to
vegetation species and seed distribution rate,for all overburden piles,revegetation areas and
newly planted areas, have been incorporated into their Landscape Screening and Buffering
Plan. (Platte Valley Soil Conservation District, Department of Planning Services)
C. The applicant shall amend the existing Emission Permit for the modification in the operation
if the Air Pollution Control Division (APCD) of the Colorado Department of Health and
Environment determines that such a modification represents a significant change in
emissions or production. Alternately,the applicant can provide evidence from CDPH&E that
they are not subject to these requirements. The applicant shall provide evidence to the
Department of Planning Services of such. (Department of Public Health and Environment)
D. The applicant shall amend the existing Colorado Discharge Permit System (CDPS) permit
if the Water Quality Control Division (WQCD) of the Colorado Department of Public Health
&Environment determines that the modification in use represents a change in the discharge.
Alternately,the applicant can provide evidence from WQCD that they are not subject to these
requirements. The applicant shall provide evidence to the Department of Planning Services
of such.(Department of Public Health and Environment)
E. The applicant shall provide current evidence that the facility has an adequate water supply
(i.e., well or community water system). (Department of Public Health and Environment)
F. All septic systems located on the property shall have appropriate permits from the Weld
County Department of Public Health&Environment(WCDPH&E). The Environmental Health
Services (EHS) of the WCDPH&E was unable to locate septic permits for septic systems
serving the existing residences on this site. If the residence(s)on the site are to be removed,
the septic system(s)must be properly abandoned. If the residences are to remain, and are
not currently permitted, an Individual Sewage Disposal System (I.S.D.S.) Evaluation by the
EHS of the WCDPH&E shall be required. In the event the system(s) is found to be
inadequate,the system(s)must be brought into compliance with current I.S.D.S.regulations.
The applicant shall provide evidence to the Department of Planning Services of such.
(Department of Public Health and Environment)
G. 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. The applicant shall provide evidence to the Department of Planning Services
of such. (Department of Public Health and Environment)
Resolution AmUSR-1255
LG Everist
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H. The applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health & Environment.
The applicant shall provide evidence to the Department of Planning Services of such.
(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. 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). The applicant shall provide
evidence to the Department of Planning Services of such. (Department of Public
Health and Environment)
J. In a referral received July 21, 2003, the Office of the State Engineer states " Based on the
submitted information it appears that the Gravel Mining operation will cause depletions to the
South Platte River due to evaporative losses from exposed groundwater and operational
losses." The applicant shall provide written evidence to the Department of Planning Services
that a Temporary Substitute Water Supply Plan or Court approved augmentation plan has
been obtained to replace depletions caused by the operation. (Department of Planning
Services, Office of the State Engineer)
K. In a referral received July 21, 2003,the Office of the State Engineer states"the plan states
that three wells located on the property will be used within the gravel mining operation. If the
wells do not qualify under 37-92-602(c) C.R.S., as commercial exempt, all depletions from
the wells must be covered by a Temporary Substitute Water Supply Plan or Court approved
augmentation plan. The wells must be repermitted pursuant to the Temporary Substitute
Water Supply Plan, court approved augmentation plan or as an commercial exempt well.
The applicant shall provide written evidence from the State of Colorado, Office of the State
Engineer, Division of Water Resources that a valid Temporary Substitute Water Supply Plan
(SWSP) permit is in their possession. for this amendment. The State Engineer's Office in
their referral dated October 26,2004 states the site currently has a valid SWSP approved by
the State Engineer's Office,however,any expansion or change of use from what is approved
in the SWSP would require a new SWSP and well permit. (State Engineer's Office,
Department of Planning Services)
L. The applicant shall provide evidence to the Department of Public Health& Environment that
any vehicle washing area will be designed and constructed to capture all effluent and prevent
any discharges from drum washing and the washing of vehicles in accordance with the Rules
and Regulations of the Water Quality Control Commission and the Environmental Protection
Agency. Evidence of approval shall be submitted to the Weld County Department of
Planning Services. (Department of Public Health and Environment)
M. The applicant shall submit a Landscape Plan identifying the number, size and species of all
plant material to the Department of Planning Services for review and approval.This plan shall
include specifications of any proposed berm's, if required. The proposed berm's will be
extended to mitigate impacts to surrounding properties and adjacent road rights-of-way. Any
berm placed in the one hundred (100) year flood plain of the South Platte River can not
obstruct passage of flood flows. The applicant shall use breaks in the berm with landscaping
to fill the void,culverts,or some other method that will allow water to flow freely. (Department
of Planning Services)
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LG Everist
Page 7
N. The applicant shall enter into a Road Maintenance and Improvements Agreement for the
designated haul route and all intersection improvements. The applicant shall also address
all transportation and non-transportation improvements associated with this application.
(Department of Public Works, Department of Planning Services)
O. The applicant shall amend their existing Flood Hazard Development Permit number FHDP-
355 to include improvements to the additional property. (Department of Planning Services)
3. Prior to operation:
A. The applicant shall provide evidence of being in receipt of the Division of Minerals and
Geology Permit, Mined Land Reclamation Permit 112 to conduct surface extraction of
construction materials and reclamation of said lands identified as the Fort Lupton Sand and
Gravel Mine Site. (Department of Planning Services)
B. The Scale House area and approach roads will be paved for the first one hundred (100)feet
adjacent to County Road 18 for the future access points for locations identified as "B"and
"C". The approach roads shall have adequate turning radiuses and shall be at least a
minimum of twenty-four(24)feet in width to accommodate two-way traffic. (Department of
Public Works)
C. An individual sewage disposal system is required when the scale house is relocated and shall
be installed according to the Weld County Individual Sewage Disposal Regulations.
(Department of Public Health and Environment)
D. The septic system is required to be designed by a Colorado Registered Professional
Engineer according to the Weld County Individual Sewage Disposal Regulations.
(Department of Public Health and Environment)
E. Proper building permits shall be obtained in accordance with the Weld County Building
Inspection Department,prior to any construction,demolition,or excavation.Part of the permit
application process includes a complete plan review. (Department of Planning Services)
4. The Special Review activity shall not occur nor shall any building or electrical permits be issued on
the property until the Special Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder. (Department of Planning Services)
AMENDED SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
L.G. Everist- Fort Lupton Sand and Gravel
AmUSR-1255
1. The Amended Site Specific Development Plan and Special Review Permit for Mineral Resource
Development facilities; including open pit mining and materials processing; including a Concrete and
Asphalt Batch Plant in the A(Agricultural)Zone District, as indicated in the application materials on
file and subject to the Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. All operations on said described parcel shall be in conformance with the Weld County Flood
Regulations including:
A. No fill, berms, or stockpiles shall be placed in the one hundred (100)year flood plain of the
South Platte which would obstruct passage of flood flows. (Department of Planning Services)
B. All fuel tanks, septic tanks, temporary buildings, and any other hazardous items that might
wash away during flooding shall be securely anchored and adequately flood proofed to avoid
creation of a health hazard. Following completion of mining, all temporary buildings shall be
removed. (Department of Planning Services)
4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100.5, C.R.S.,as amended)shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Department of Public Health and Environment)
5. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and
Environment)
6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Department of Public Health and
Environment)
7. The applicant shall operate in accordance with the approved"waste handling plan". (Department of
Public Health and Environment)
8. 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)
9. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility.
(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 installation of the septic system shall comply with the Weld County I.S.D.S. flood plain policy.
(Department of Public Health and Environment)
12. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to Individual Sewage Disposal Systems(Department of Public Health and Environment)
13. An individual sewage disposal system is required when the scale house is relocated and shall be
installed according to the Weld County Individual Sewage Disposal Regulations. (Department of
Public Health and Environment)
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Page 2
14. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
15. 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. The facility shall have
sufficient equipment available to implement dust control as required by the Weld County Department
of Public Health and Environment. (Department of Public Health and Environment)
16. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank
Regulations (7CCR 1101-14). (Department of Public Health and Environment)
17. 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)
18. Portable toilets may be utilized on sites which are temporary locations of the working face and
portable processing equipment,etcetera,for up to six months at each location.(Department of Public
Health and Environment)
19. The operation shall comply with the Occupational Safety and Health Act (OSHA). (Department of
Public Health and Environment)
20. The site shall comply with the Mine Safety and Health Act(MSHA). (Department 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. At the completion of mining the access road shall be restored to its existing state and be reseeded,
eliminating multiple accesses onto the Weld County collector status system. (Department of Public
Works)
23. 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 Public Works)
24. Each phase will be graded separately to direct storm water run-off to the dewatering trenches and
discharge to the river. Process and storm water will be discharged under valid Colorado Department
of Public Health and Environment (CDPHD) water quality control division discharge permit. The
appropriate permit should be coordinated with the State or the local government. (Department of
Public Works)
25. Proper building permits shall be obtained prior to any construction, demolition,or excavation. Part of
the permit application process includes a complete plan review. (Department of Building Inspection)
26. Permits are required for all electrical work including electrical services for dewatering pumps, rock
crushers, construction trailers, site lighting, et cetera. (Department of Building Inspection)
27. All excavation shall meet the requirements of the International Building Code and stormwater
drainage design and technical data. (Appropriate Colorado State and County agencies should be
consulted for additional regulations or requirements.) (Departments of Building Inspection,Planning
Services)
28. Drawings for any building or related projects shall be submitted to the appropriate fire district.
(Department of Planning Services)
29. Additional requirements or changes may be required when building applications or plans are reviewed
by the Weld County Building Inspection Department, the Fire District, or other State agencies.
(Department of Planning Services)
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Page 3
30. All fuel tanks, septic tanks, temporary buildings or any other hazardous items that may wash away
during flooding,shall be securely anchored and adequately flood-proofed to avoid creation of a flood
hazard. (Department of Planning Services)
31. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the reclaimed
areas. (Department of Planning Services)
32. 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)
33. In the event washing of vehicle will occur on site the applicant shall ensure that any vehicle washing
area(s)shall capture all effluent and prevent discharges from the washing of vehicles in accordance
with the Weld County Code,the Rules and Regulations of the Water Quality Control Commission,and
the Environmental Protection Agency. (Department of Planning Services)
34. 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)
35. The operation shall comply with all applicable rules and regulations of the Federal Emergency
Management Agency including a Letter of Map revision if determined to be applicable. (Department
of Planning Services)
36. "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)
37. 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)
38. Section 23-4-290.C of the Weld County Code limits the hours of operation for sand and gravel
operations to the hours of day light, Monday through Saturday,except in the case of public or private
emergency or to make necessary repairs to equipment. Hours of operation may be extended with
specific permission from the Weld County Board of County Commissioners.This restriction shall not
apply to operation of administrative and executive offices or repair and maintenance facilities located
on the property. (Department of Planning Services)
39. 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)
40. Where topsoil is removed,sufficient arable soil shall be set aside for re-spreading over the reclaimed
areas. (Department of Planning Services)
41. 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)
42. The plant material on site shall be maintained in accordance with the approved weed eradication plan.
(Department of Planning Services)
43. The landscaping on site shall be maintained in accordance with the approved Landscape,Screen and
Buffering Plan. (Department of Planning Services)
44. 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)
Resolution AmUSR-1255
LG Everist
Page 4
45. 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)
46. 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)
47. 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)
48. 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)
49. 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)
50. 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 Tonya Strobel
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Bruce Fitzgerald
James Rohn
Tonya Stobel Chad Auer
Doug Ochsner
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 4, 2005.
Dated the 4th of January, 20051.,, ll
\ f
i ;�sQ � ttCl�
Voneen Macklin
Secretary
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, January 4, 2005
A regular meeting of the Weld County Planning Commission was held in the Weld County Department of
Planning Services, Hearing Room, 918 10'" Street, Greeley, Colorado. The meeting was called to order by
Chair, Michael Miller, at 1:30p.m.
ROLL CALL
Michael Miller
Bryant Gimlin
John Folsom Absent
James Welch Absent
James Rohn
Bruce Fitzgerald
Tonya Strobel
Chad Auer Absent
Doug Ochsner
Also Present: Don Carroll, Peter Schei, Chris Gathman,Jacqueline Hatch, Monica Mika, Kim Ogle, Char Davis
The summary of the last regular meeting of the Weld County Planning Commission held on December 21,2004,
was approved as read.
The following cases are on the Consent Agenda:
CASE NUMBER: USR-1494
APPLICANT: Anthony& Diane Goddard
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot A of RE-2862; pt of the E2SW4 of Section 33, T1 N, R67W of the 6th
P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review for a Use by Right,
Accessory Use or Use by Special Review (Machine and Welding Shop) in
the A(Agricultural)Zone District
LOCATION: /, mile west of CR 19; north of and adjacent to CR 2.
CASE NUMBER: AMPF-431
PLANNER: Jacqueline Hatch
APPLICANT: OCON Group LLC
LEGAL DESCRIPTION: Lot 1, Blk 3 and Open Space Western Dairymen Cooperative Section 10,T2N, R68W
LOCATION: South of and adjacent to Hwy 119 and west of and adjacent to CR 7 '/2. For
a more precise location, see legal.
REQUEST: Amendment to a PUD Final Plat in the Western Dairymen Cooperative PUD
CASE NUMBER: USR-1490
APPLICANT: Nicole Trevethick
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot B of RE-1930; part of the SE4 of Section 17, T3N, R68W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a Veterinary
Hospital in the A(Agricultural)zone district.
LOCATION: North of and adjacent to CR 32; approximately 500 feet west of CR 5.
CASE NUMBER: AmUSR-1255
APPLICANT: L.G. Everist, Inc.
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot 1, 2, 3, and 4- N2NW4; Lot 6 SW4 NE4 30-2-66; Lot 3 E2 NE4 25-2-67
platted as The Lupton Meadows Land Co. Division 3 of the 6th P.M., Weld
County, Colorado.
REQUEST: An Amendment to a Site Specific Development Plan and a special Review
Permit for a Mineral Resource Development Facility, including open pit
mining and materials processing; including Asphalt and Concrete Batch
Plants, in the A(Agricultural)Zone District
LOCATION: 'A mile south of CR 18 and '/, mile west of State Highway 85.
James Rohn moved to approve the Consent Agenda. Tonya Strobel seconded. Motion carried
The following cases will be Heard:
SET HEARING DATE FOR: USR-1350
PLANNER: KIM OGLE
APPLICANT: AGGREGATE INDUSTRIES
Kim Ogle, Department of Planning Services, indicated this case was originally presented in 2001. Staff is
asking the case be heard on February 15, 2005.
Michael Miller asked why the need for this process. Mr. Ogle stated this case was heard by a previous
Planning Commission back in October 2001. At that time the applicant asked for the application to be
tabled indefinitely so they could address concerns from the Core of Engineers specific to a river crossing
and wetlands mitigation. The applicants have obtained the needed permits and are making an addendum to
the existing application. Staff comments will be mailed on February 1, 2005 containing the addendum.
Staff is asking for a specific hearing date because it was tabled.
Michael Miller asked why Planning Commission had to go through this process to set a hearing date. Mr.
Ogle stated it was an indefinite continuance by the Board of County Commissioners. Mr. Morrison added
the membership of the Planning Commission has changed so the original application materials will need to
be referred to. Those will be provided by the applicant.
James Rohn moved to set the hearing date for USR-1350 for February 15, 2005. Bryant Gimlin seconded.
Motion carried.
CASE NUMBER: USR-1492
APPLICANT: Greeley Assembly of God Church
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot C RE-3860, Pt N2NW4 of Section 30, T6N, R65W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Application for Site Specific Development Plan and Special Review Permit
for a church and private school in the A(Agricultural)Zone District
LOCATION: South of and adjacent to CR 66; approx 1/4 mile east of CR 37.
Chris Gathman, Department of Planning Services presented Case USR-1492, 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. Staff is recommending the
description of the site be revised to delete private school.
James Rohn asked when ConAgra had this site and what the use was. Mr. Gathman indicated he was not
sure how long the operation has been at this location. It may have been a non conforming use that was in
place prior to the use by special review process.
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