HomeMy WebLinkAbout20010153.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 be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
PLANNER: Anne Best Johnson
CASE NUMBER: AmUSR-1199
APPLICANT: Katharine Oliver
ADDRESS: 2385 Homestead Place, Longmont, Colorado 80504
REQUEST: An amendment to a Site Specific Development Plan and a Special Review Permit to amend
out 44.42 acres of a gravel mining operation in the (A)Agricultural zone district.
LEGAL DESCRIPTION: SW Quarter of Section 4, Township 2 North, Range 68 West of the 6th
P.M., Weld County, CO
LOCATION: North of and adjacent to State Highway 119; east of and adjacent to WCR 5-1/2.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
24.3 of the Weld County Zoning Ordinance as follows:
a. Section 24.3.1.2--That the proposal is consistent with the intent of the Agricultural district.
Section 31.4.21 of the Weld County Zoning Ordinance states that"Uses similar to the uses
listed above as Uses by Special Review as long as the Use complies with the general intent
of the Agricultural District." The amendment is consistent with Conditions of Approval and
Development Standards for both Change of Zone COZ-539 and Final Plat S-562 to amend
out the property to be developed as Meadow Vale Phase 2.
b. Section 24.3.1.3 --That the proposal will be compatible with the existing surrounding land
uses. Conditions of Approval for both Change of Zone COZ-539 and Final Plat S-562 to
amend out the property to be developed as Meadow Vale Phase 2 address mitigating
negative impacts to surrounding properties. Section 31.4.1 of the Weld County Zoning
Ordinance allows gravel mining as a Use by Special Review in the Agricultural Zone
District.
c. Section 24.3.1.4--That 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.
Conditions of Approval for both Change of Zone COZ-539 and Final Plat S-562 to amend
out the property to be developed as Meadow Vale, Phase 2 address mitigating negative
impacts to surrounding properties.
d. Section 24.3.1.5--That the application complies with the Weld County Zoning Ordinance,
Section 50,Overlay District Regulations if the proposal is located within the Overlay District
Areas identified by maps officially adopted by the County. The subject site is located in the
Flood Hazard Overlay District Area as identified on FIRM Community Panel maps#080266
08505C dated September 28, 1982. Conditions of Approval and Development Standards
for both Change of Zone COZ-539 and Final Plat S-562 address mitigating negative
impacts in regards to the Flood Plain. A CLOMR has been submitted to FEMA.
2001-0153
RESOLUTION, AmUSR-1199
Katherine Oliver
Page 2
e. Section 24.3.1.6--That if the use is proposed to be located in the A (Agricultural) District,
that the applicant has demonstrated a diligent effort has been made to conserve Prime
Farm Land in the locational decision for the proposed use: This amendment site does not
rest on land classified as "Prime farm land".
f. Section 24.3.1.7 --That there is adequate provision for the protection of the health, safety
and welfare of the inhabitants of the neighborhood and the county. The Department of
Planning Services has incorporated referral responses into Conditions of Approval and
Development Standards that will mitigate negative impacts to the health,safety and welfare
of the inhabitants of the Neighborhood and the 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 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 30 days of approval by the Board of County Commissioners. (Planning
Services).
2. Prior to recording the plat:
A. The plat shall be amended to include all development standards for USR-1199 on the plat
for AmUSR-1199. (Planning Services).
B. The Department of Public Health and the Environment has indicated that Western Mobile
neglected to obtain a septic permit for the septic system at the scale/office house for USR-
1199. Any existing septic system(s) which is not currently permitted through the Weld
County Department of Public Health and Environment will require an I.S.D.S. evaluation
prior to the issuance of the required septic permit(s). 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 plat for AmUSR-1199 shall not be recorded until this condition has been
met to the satisfaction of the Department of Environmental Health. (Public Health)
C. The applicant shall address the concerns of the Colorado Geological Survey, Division of
Minerals and Geology outlined in a letter received by the Department of Planning Services
November 20, 2000. (Planning Services).
D. The applicant shall address the concerns and requirements of the Weld County Department
of Public Works as outlined in a referral response received in the Department of Planning
Services November 2, 2000. (Planning Services).
3. 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. (Planning Services).
Motion seconded by Stephen Mokray.
RESOLUTION, AmUSR-1199
Katherine Oliver
Page 3
VOTE:
For Passage Against Passage Absent
Cristie Nicklas Michael Miller
Fred Walker Bryant Gimlin
Arlan Marrs
John Folsom
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 December 19, 2000.
Dated the 19'" of December, 2000.
Trisha Swanson
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Katharine Oliver
AmUSR-1199
1. The amended Site Specific Development Plan and Special Use Permit#1199 serves the purpose
of amending out 44.42 acres of USR-1199 from the existing Sand and Gravel Mining Operation 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.. This 44.42 acres will
be used as Meadow Vale Phase II. This amendment procedure is a condition of approval for both
the Change of Zone and the Final Plat of Meadow Vale Phase II. landscape materials from a site
permitted for a Sand and Gravel Mining Operation (Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County
Zoning Ordinance, as amended. (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. (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. (Planning Services)
4. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Health Dept.)
5. No permanent disposal of wastes shall be permitted at this site. (Health Dept.)
6. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Health Dept.)
7. Fugitive dust shall be controlled on this site. (Health Dept.)
8. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A),as measured
according to 25-12-102, Colorado Revised Statutes. (Health Dept.)
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. (Health Dept.)
10. The applicant shall submit any necessary air permit modifications orAir Pollution Emissions Notices
to the An Air Pollution Emissions Notices to the Air Pollution Control Division,Colorado Department
of Public Health and Environment. The site shall operate in accordance with all applicable rules and
regulations of the Air Pollution Control Division. (Health Dept.)
11. The site shall operate in accordance with all applicable rules and regulations of the Water Quality
Control Division of the Colorado Department of Health. (Health Dept.)
12. The operator shall review the current dust abatement program and submit an updated plan for
approval to both the Weld County Department of Planning Services and the Weld County
Department of Public Health and Environment. (Health Dept.)
13. An individual sewage disposal system shall be utilized for any structure constructed on the site in
which people will be working, congregating, bathing, etc. Portable toilets may be utilized on sites
which are temporary locations of the crusher, etc. for up to six months at each location. (Health
Dept.)
14. A suitable supply of drinking water shall be provided for the employees. (Health Dept.)
15. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Minerals and Geology. (Health Dept.).
16. The operation shall comply with the Mine Safety and Health Act (MSHA). (Health Dept.)
17. The operation shall comply with the Occupational Safety and Health Act (OSHA). (Health Dept.)
18. "No Trespassing"signs shall be posted and maintained on the perimeter fence to clearly identify the
boundaries of the site. (Planning Services)
19. All construction for temporary and permanent structures on the property shall be in accordance with
the Weld County Building Code Ordinance. (Planning Services)
20. The sand and gravel operation,permitted through USR-1199 shall comply with all operation policies
identified in Section 44 of the Weld County Zoning Ordinance.
21. The property owner or operator shall be responsible for complying with the Design Standards of
Section 24.5 of the Weld County Zoning Ordinance.
22. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 24.6 of the Weld County Zoning Ordinance.
23. 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.
24. 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 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.
25. 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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