HomeMy WebLinkAbout20011076.tiff /-� BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Michael Miller 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: Chris Gathman
CASE NUMBER: USR-1316
APPLICANT: Hall-Irwin Corporation
ADDRESS: P.O. Box 519, Greeley, CO 80634
REQUEST: A Site Specific Development Plan and a Special Review Permit for Open Pit Sand and
Gravel Mining in the A(Agricultural) Zone District
LEGAL DESCRIPTION: Part of NE 4 NW 4 and part of NW 4 NE 4 Section 19, Township 6 North,
Range 67 West of the 6th P.M., Weld County, Colorado
LOCATION: South of and adjacent to State Highway 392, 1/4 mile east of WCR 13
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 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.6 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.
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 site is located within the urban growth boundary of the Town of
Windsor. The Town of Windsor Planning Commission at its January 17, 2001 meeting
determined that the proposed use is consistent with the Town's Land Use Plan Map. The
Town of Windsor recommended approval of the special use permit with conditions.
4 . EXH1iliT
2001-1076 K. �P
�-. RESOLUTION, USR-1316
Hall-Irwin Corporation
Page 2
e. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County
Code. The majority of the site is located within the 100-year floodplain (Flood Hazard
Overlay District)according to FIRM Community Panel Map 080266-0605D. A Flood Hazard
Permit will be required for the site and is a Condition of Approval for this permit. Effective
December 1, 1999, Building Permits issued on the lot will be required to adhere to the fee
structure of the Windsor Service Area Road Impact Program.
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 22-2-60A.1 states
"Preserve prime farmland for agricultural purposes which foster the economic health and
continuance of agriculture." The proposed use will not be taking any prime farmground out
of production. The site is defined as "Irrigated Non-Prime" land per the 1979 USDA Soil
Conservation Service map.
g. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards(Section 23-2-250,Weld County Code), Conditions of Approval, and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Planning Commission's recommendation for approval is conditional upon the following:
1. The attached Development Standards for the Special Review Permit shall be adopted and placed
on the Special Review Plat prior to recording. The completed plat shall be delivered to the Weld
County Department of Planning Services and be ready for recording in the Weld County Clerk and
Recorder's Office within 30 days of approval by the Board of County Commissioners. (Department
of Planning Services)
2. 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. (Dept. of Planning
Services)
B. A survey shall be conducted or a letter from a wildlife consultant certified by the U.S.
Department of the Interior, Fish and Wildlife Services indicating that there is no acceptable
habitat for the Ute Ladies-tresses Orchid shall be submitted. A letter stating the U.S. Fish
and Wildlife Services concurs with the 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-1316
Hall-Irwin Corporation
Page 3
C. A trapping study shall be conducted or a letter from a wildlife consultant certified by the U.S.
Department of the Interior, Fish and Wildlife Services indicating that there is no acceptable
habitat for the Preble's Meadow Jumping Mouse shall be submitted.A letter stating the U.S.
Fish and Wildlife Services concurs with the 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)
D. The applicants shall meet with the Colorado Division of Wildlife to discuss how the
applicants are going to address the Black-tailed Prairie Dog Colony existing at the site and
submit a plan outlining how this issue is going to be addressed to the Department of
Planning Services. (Dept. of Planning Services, Colorado Division of Wildlife)
E. The applicants shall address any concerns of the neighboring property owners regarding
the underdrain/field tile adjacent to the proposed mining site. Evidence of such shall be
submitted in writing to the Department of Planning Services. (Dept. of Planning Services)
3. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) The existing right-of-way and future right-of-way reservations from the centerline
of State Highway 392 shall be delineated on the plat. Seventy-five (75)feet from
the centerline from State Highway 392 is designated as right-of-way for the future
expansion of State Highway 392. The applicant shall verify with the Colorado
Department of Transportation (CDOT) future right-of-way requirements adjacent
to State Highway 392. Evidence of these requirements shall be submitted in writing
to the Department of Planning Services. (Dept. of Public Works)
B. The applicant shall permit the existing septic system at the adjacent site. 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. In the event the system is found to be inadequately sized or constructed
the system shall be brought into compliance with current I.S.D.S. Regulations. (Dept. of
Public Health & Environment)
C. The applicant shall obtain a NPDES Permit from the Water Quality Control Division of the
Colorado Department of Health for proposed discharge into State Waterways. Evidence of
approval shall be submitted to the Weld County Department of Planning. (Dept. of Public
Health and Environment)
D. 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. The site shall operate in accordance with all
applicable rules and regulations of the Air Pollution Control Division. Evidence of approval
shall be submitted to the Weld County Department of Planning. (Dept.of Public Health and
Environment)
�- , RESOLUTION, USR-1316
Hall-Irwin Corporation
Page 4
E. A dust abatement plan shall be submitted to Environmental Health Services,Weld County
Department of Public Health and Environment,for approval prior to operation. Evidence of
Health Department approval shall be submitted to the Department of Planning Services.
(Dept. of Public Health and Environment)
F. The applicant shall apply for and receive approval for a Flood Hazard Development Permit
from the Department of Planning Services. (Dept. of Planning Services)
G. The applicant shall attempt to address the requirements of the Town of Windsor as stated
in a referral dated January 18, 2001. Evidence of such shall be submitted in writing to the
Department of Planning Services. (Town of Windsor)
H. The applicant shall attempt to address the requirements of the Windsor-Severance Fire
Protection District as stated in a referral dated December 28, 2000. Evidence of such shall
be submitted in writing to the Department of Planning Services.
The applicant shall submit a Landscape and Buffering Plan identifying the number,size and
species of all plant material to the Weld County Department of Planning Services for review
and approval. The applicant shall provide adequate screening and buffering from State
Highway 392 and adjacent residential subdivisions. The applicant shall provide a berm or
other acceptable method of screening. Any berm placed in the one hundred (100) year
flood plain of the Cache la Poudre River can not obstruct passage of flood flows. The
�- applicant shall use breaks in the berm with landscaping, to fill the void, culverts, or other
method shall be utilized to allow water to flow freely. (Dept. of Planning)
4. Prior to Operation:
a. The applicant shall adhere to the recommendations of the Colorado Division of Wildlife per
their referral dated January 5, 2001 in regards to existing Black-tailed Prairie Dogs and
Burrowing Owls at the site. (Colorado Division of Wildlife)
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 Stephen Mokray.
VOTE:
For Passage Against Passage Absent
Cristie Nicklas Fred Walker
John Folsom Arlan Marrs
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.
RESOLUTION, USR-1316
Hall-Irwin Corporation
Page 5
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 February 6, 2001.
Dated the 6th of February, 2001.
Trisha Swanson
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Hall Irwin Corporation
USR- 1316
1. The Site Specific Development Plan and Special Use Permit is for Open Pit Sand and Gravel Mining
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 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)
4. No permanent disposal of wastes shall be permitted at this site. (Department of Public Health and
Environment)
5. 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)
6. Fugitive dust shall be controlled on this site. (Dept. of Public Health and Environment)
7. 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)
8. 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)
9. 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)
10. 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).
11. Adequate toilet facilities shall be provided for the employees. (Department of Public Health and
Environment)
12. The employees shall utilize the individual sewage disposal system on the adjacent property. (Dept.
of Public Health and Environment)
13. Portable toilets may be utilized on sites which are temporary locations of the working force and
portable processing equipment, etc., for up to six months at each location.(Dept. of Public Health
and Environment)
14. The facility shall utilize bottled drinking water for employees. (Dept. of Public Health and
Environment)
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�-. 15. There shall be no discharge of waste water from the washing of vehicles on the facility. All vehicles
shall be washed in the approved vehicle washing area. All water, concrete, and aggregate
generated from the washing of vehicles should be recycled in the concrete mixing process. (Dept.
of Public Health & 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. 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)
18. The operation shall comply with the recommendations of the Colorado Division of Wildlife regarding
reclamation of ponds and preservation of upland fringe and riparian edge areas and the future
diversion of any ditch water outlined in their referral dated January 5, 2001. (Colorado Division of
Wildlife)
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 Windsor Service Area Road Impact Program area. (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.
29. There shall be an Improvements Agreement for Weld County Road 13 at all times. (Dept. of Public
Works)
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