HomeMy WebLinkAbout20010404.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bryant Gimlin that the following resolution with changes to the Conditions of Approval and
Development Standards and 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:
PLANNER: Sheri Lockman
CASE NUMBER: USR-1259
APPLICANT: Mobile Pre-Mix Concrete, Inc.
ADDRESS: P.O. Box 21588, Denver, CO 80221
REQUEST: A Site Specific Development Plan and a Special Review Permit for Open Cut Gravel Mining
along with Concrete and Asphalt Batch Plants in the (A)Agricultural Zone District.
LEGAL DESCRIPTION: Part W2 of Section 19, Ti N, R66W of the 6th P.M., Weld County, CO
LOCATION: West of and adjacent to State Highway 85, north of and adjacent to Weld County Road 6
and south of and adjacent to Weld County Road 8
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 24.7 and
Section 44 of the Weld County Zoning Ordinance.
2. It is the opinion of the Department of Planning Services's staff that the applicant has shown
compliance with Section 24.3 of the Weld County Zoning Ordinance as follows:
a. Section 24.3.1.1 -The proposal is consistent with the Weld County Comprehensive Plan.
CM.Goal 2 states,"Promote the reasonable and orderly development of mineral resources."
b. Section 24.3.1.2 -The proposal is consistent with the intent of the A (Agricultural) Zone
District.Section 31.4.1 of the Weld County Zoning Ordinance provides for mineral resource
development facilities as a Use by Special Review in the A(Agricultural)Zone District.
c. Section 24.3.1.3--The proposal will be compatible with the existing surrounding land uses.
Surrounding land uses to the west and north include pasture land with limited residences.
To the east is State Highway 85. A well service company is adjacent to the property on a
lot which is zoned for industrial uses. To the south Asphalt Paving Company is operating
a gravel mine permitted by USR-921. C & M Company is also permitted to mine gravel
south of the site by USR-905.
d. Section 24.3.1.4 -The proposed use will be compatible with future development of the
surrounding area as permitted by the existing zoning and with the future development as
projected by the Comprehensive Plan or Master Plans of affected municipalities. In a
referral response received February 16,2000,the City of Fort Lupton expressed concerns
regarding the number of gravel mining operations existing along the State Highway 85
corridor and the difficulties in maintaining an attractive entryway into south Weld County.
The City of Fort Lupton also asked that precautions be taken in the event of a flood.These
concerns have been addressed through Conditions of Approval and Development
Standards.
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e. Section 24.3.1.5--All of the site except one small area along State Highway 85 is located
within the Flood Hazard Overlay District area as shown on FEMA Panel Map#080266 0983
C.Conditions of Approval and Development Standards address the issue of the floodplain.
CM.Policy 5.4 of the Comprehensive Plan states "the operation will comply with County
flood hazard regulations".
f. Section 24.3.1.6--That the applicant has demonstrated a diligent effort has been made to
conserve prime agricultural land. The proposed site is designated "Other" and "Irrigated
land,not prime"by the USDA Soil Conservation Services.Being located within the 100 year
flood plain also limits the agricultural productiveness of the site.
g. Section 24.3.1.7 --The Design Standards (Section 24.5 of the Weld County Zoning
Ordinance), Operation Standards (Section 24.6 of the Weld County Zoning Ordinance),
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 44--Additional requirements for Open mining have been addressed through this
application and the Development Standards will insure compliance with Section 44 of the
Weld County Zoning Ordinance.
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 Department of Planning Services's staff 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 plat. The completed plat shall be delivered to the
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. (Dept. of
Planning Services)
2. Prior to scheduling a Board of County Commissioners Hearing:
A. OG.Policy 1.1 of the Weld Comprehensive Plan 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. (Dept.of Planning
Services)
B. The applicant shall submit a letter from the United States Department of the Interior, Fish
and Wildlife Services indicating if surveys will be required for the Ute Ladies-tresses orchid.
If a survey is required the survey will be conducted and submitted to the Department of
Planning Services. (Dept. of Planning Services)
C. The applicant has indicated a trapping study is being conducted to determine the presence
or absence of the Preble's Meadow Jumping Mouse. This study shall be submitted to the
Department of Planning Services. If the Preble's Meadow Jumping Mouse is found at the
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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)
D. The applicant shall either submit to the Weld County Department of Planning Services a
copy of an agreement with ditch companies located on the proeprty stipulating that the ditch
activities have been adequately incorporated into the design of the site or show evidence
that an adequate attempt has been made to mitigate the concern of the ditch companies.
3. Prior to recording the plat:
A. The applicant shall submit a Landscape and screening Plan to the Weld County Planning
Department for review and approval. The location, number, size and species of all plant
material shall be identified. The plan shall also include any berms, fencing or other
screening material proposed. 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. (Dept. of Planning Services)
B. The City of Fort Lupton expressed concerns regarding the number of gravel mining
operations existing along the State Highway 85 corridor and the difficulties in maintaining
an attractive entryway into south Weld County.To ensure an attractive appearance when
mining is completed, lake number 2 shall be reconfigured along the north and west
property lines to obtain a more natural and free flowing appearance. The applicant shall
submit a revised reclamation plan to the Weld County Department of Planning Services for
review and approval.(Dept. of Planning Services)
C. The applicant shall permit the existing septic systems.The Environmental Health Services
Division was unable to locate septic permits for the septic systems serving the existing
homes.The systems will require an I.S.D.S.evaluation prior to the issuance of the required
septic permits.The review shall consist of observation of the system and an evaluation of
the systems ability to handle the proposed hydraulic load. In the event the system is found
to be inadequate, the system must be brought into compliance with current Individual
Sewage Disposal System regulations. (Dept. of Public Health and Environment)
D. The applicant shall apply for and be approved for a Flood Hazard Development Permit for
any development that will increase or decrease the base flood elevation in the flood plain
as delineated on FEMA Panel Map#080266 0983 C, dated September 28, 1982. (Dept.of
Planning Services)
E. The applicant shall obtain a Flood Hazard Development Permit for any new structures
including parking areas. (Dept. of Planning Services)
F. The applicant shall post adequate collateral and enter into a Road Maintenance and
Improvements Agreement with the Weld County Department of Public Works for any
additional damage that may occur on the designated haul route east to State Highway 85.
(Dept. of Public Works)
G. The applicant has submitted a traffic study to the Weld County Department of Public Works
for review and approval.Evidence of Public Works approval shall be submitted to the Weld
County Department of Planning Services. The study shall include a description of the
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project, vehicle trip generation and distribution, verification of adequate acceleration,
deceleration and storage facilities at all impacted intersections, review of bridge capacity,
intersection level of service analysis for existing and proposed conditions and
recommendation for needed upgrades to transportation infrastructure to support the
development. (Dept. of Public Works)
H. The plats shall be amended to delineate a forty(40)foot right of way from the centerline of
Weld County Road 6. (Dept. of Public Works)
4. Prior to the start of operation:
A. The entrance to the plant site will be paved.The entrance and exit to the plant site shall be
elevated to the same height as Weld County Road 6 to provide adequate site distance in
both directions. 50 feet of paving shall be required at both approaches to Weld County
Road 6 with adequate turning radii. (Dept. of Public Works)
B. A dust abatement plan shall be submitted to the Weld County Department of Public Health
& Environment. (Dept. of Public Health and Environment)
C. Proper building permits shall be obtained in accordance with the referral response from the
Weld County Building Inspection Department dated February 1, 2000, prior to any
construction, demolition, or excavation. Part of the permit application process includes a
complete plan review. (Dept. of Building Inspection)
D. Site drawings shall be submitted to the Fort Lupton Fire Protection District for review.(Dept.
of Building Inspection)
E. The applicant shall submit an NPDES Permit to the Water Quality Control Division of the
Colorado Department of Health for proposed discharge into State Waterways. (Dept. of
Public Health and Environment)
F. An Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit shall be obtained from
the Air Pollution Control Division, Colorado Department of Public Health and Environment
for emissions from the mining operations. (Dept. of Public Health and Environment)
G. Prior to operation, the applicant shall provide a waste handling plan to the Environmental
Health Services Division of the Weld County Department of Public Health and Environment.
The plan shall include, at a minimum, the following:
1. To delineate on the plan an area that will be designated for disposal of inert
materials.
2. A list of the inert material including the volume.
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.(Dept. of Planning Services)
Motion seconded by.
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VOTE:
For Passage Against Passage
Fred Walker
Cristie Nickles
Arlan Marrs
John Folsom
Michael Miller
Bryant Gimlin
Jack Epple
Stephen Mokray
Cathy Clamp
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, Trisha Swanson, 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 June 20, 2000.
Dated the 201h of June, 2000.
c
A;I:41` 31A)75"/
Trisha Swanson
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Mobile Pre-Mix Concrete, Inc.
USR-1259
1. The Site Specific Development Plan and Special Use Permit#1259 is for Open Cut Gravel Mining
along with Concrete and Asphalt Batch Plants in the (A)Agricultural Zone District as indicated in
application materials on file in the Department of Planning Services and subject to the Development
Standards stated herein. (Dept. of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County
Zoning Ordinance. (Dept. 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 River which would obstruct passage of flood flows. (Dept. 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. (Dept. of Public Health and Environment)
4. 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)
5. All liquid and solid wastes as defined in the Solid Wastes Disposal Sites and Facilities Act, (30-20-
100,C.R.S.)shall be stored and removed for final disposal in a manner that protects against surface
and groundwater contamination.(Dept. of Public Health and Environment)
6. No permanent disposal of wastes as defined in the Solid Wastes Disposal Sites and Facilities Act,
(30-20-100, C.R.S.) shall be permitted at this site. (Dept. of Public Health and Environment)
7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Dept. of Public Health and Environment)
8. The facility shall adhere to the maximum permissible noise levels allowed in the Zone District as
delineated in 25-12-103, C.R.S. (Dept. of Public Health and Environment)
9. 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)
10. Adequate toilet facilities shall be provided for the employees. (Dept. of Public Health and
Environment)
11. 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. (Dept. of Public Health and
Environment)
12. After 6 months of operation, an individual sewage disposal system for the proposed office facility
shall be installed according to the Weld County Individual Sewage Disposal Regulations.The septic
system is required to be designed by a Colorado Registered Professional Engineer according to the
Weld County Individual Sewage Disposal Regulations. Portable toilets may be used for the first 6
months. (Dept. of Public Health and Environment)
13. The installation of the septic system shall comply with the Weld County I.S.D.S.flood plain policy.
(Dept. of Public Health and Environment)
14. The facility shall utilize bottled drinking water for employees. (Dept. of Public Health and
Environment)
15. Fugitive dust shall be controlled on the site. (Dept. of Public Health and Environment)
16. The operation shall comply with the Occupational Safety and Health Act(OSHA). (Dept. of Public
Health and Environment)
17. The operation shall comply with the Mine Safety and Health Act(MSHA).(Dept.of Public Health and
Environment)
18. The site shall maintain compliance with all applicable rules and regulations of the Colorado Division
of Minerals & Geology. (Dept. of Public Health and Environment)
19. The facility shall comply with the Above Ground Storage Tank Regulations.
20. The site shall operate in accordance with all applicable rules and regulations of the Air Pollution
Control Division, Colorado Department of Public Health and Environment. (Dept. of Public Health
and Environment)
21. "No Trespassing"signs shall be posted and maintained on the perimeter fence to clearly identify the
boundaries of the site. (Dept. of Planning Services)
22. 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. (Dept. of Planning Services)
23. Section 44.4.2 of the Weld County Zoning Ordinance limits the hours of operation for sand and
gravel operations to the hours of day light 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.
(Dept. of Planning Services)
24. 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. (Dept. of Planning Services)
25. Where topsoil is removed,sufficient arable soil shall be set aside for respreading over the reclaimed
areas. (Dept. of Planning Services)
26. 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 Ordinance 169A. (Dept. of Public Works)
27. The access from Weld County Road 8 shall be used for service vehicles and the employees
operating the excavating equiptment. (Dept. of Planning Services)
28. If any work associated with this project requires the placement of dredge 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 and ponds or wetlands at this site,the
Department of the Army,Corp of Engineers shall be notified by a proponent of the project for proper
department of the Army permits or changes in permit requirements pursuant to Section 404 of the
Clean Water Act. (Corp of Engineers)
29. The sand and gravel operation shall comply with operation policies identified in Section 44 of the
Weld County Zoning Ordinance.
30. The property owner or operator shall be responsible for complying with the Design Standards of
Section 24.5 of the Weld County Zoning Ordinance.
31. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 24.6 of the Weld County Zoning Ordinance.
32. 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.
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.
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