HomeMy WebLinkAbout20013016 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
CORRECTED RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Michael Miler that the following resolution be introduced for passage, along with deletion of
Condition of Approval #2.E. with subsequent re-lettering; the addition of the word potable to Condition of
Approval G; and the relocation of Condition of Approval #3.L, with subsequent re-lettering, to be placed
under Prior to Operation #4.B., 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-1326
APPLICANT: Lohmann/French c/o L.G.Everist
ADDRESS: 7321 E. 88th Ave. Suite 200 Henderson, CO
REQUEST: A Site Specific Development Plan and a Special Review Permit for Open Cut Gravel Mining
along with a Concrete Batch Plant in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Part of NW4 and Part NW4 NE4 Section 6, T2N, R67W of the 6th P.M.,
Weld County, Colorado
LOCATION: South of and adjacent to Weld County Road 26 and 1/4 mile east of Weld County Road 13
The Planning Commission recommends that this request be approved 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 (CM. Goal 2) states,
"Promote the reasonable and orderly development of mineral resources."
b. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Section 23-3-40.A.3 of the Weld County Code provides for open pit mining
and materials processing subject to a Use by Special Review in the A(Agricultural)Zone
District. Section 23-3-40.A.4 of the Weld County Code provides for asphalt and concrete
batch plants subject to 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. Properties to the east and west have rural residences with
pastureland. North of the site are numerous mining sites, a solid waste disposal site and
property owned by the St. Vrain Sanitation District. Firestone has annexed within close
proximity on the south side of the site. An existing subdivision sits above the proposed
mining site, therefore, screening of these homes will be virtually impossible. In a referral
dated April 11, 2001, the City of Firestone requested mitigation of potential impacts with
adjoining properties and their existing and planned uses. Conditions of Approval and
Development Standards have been included to address their concerns.The Town of Mead
indicated in a referral dated April 22, 2001, that the request does not conflict with their
interests.
EX idl?
2001-3016
RESOLUTION USR-1326
Lohmann/French
Page 2
d. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. Although the Intergovernmental Agreement with the City of Firestone is
being amended to include this site, at the time of submittal, the site was outside of the
Intergovernmental Agreement area. As requested by the City of Firestone, Conditions of
Approval and Development Standards have been included to ensure compatibility with the
surrounding properties.
e. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County
Code. Effective December 1, 1999, Building Permits issued on the lot will be required to
adhere to the fee structure of the Southwest Weld Road Impact Program area 3. Further
a small portion in the northwest corner of the property lies within the 100 year flood plain.
Conditions of Approval and Development Standards have been included to ensure the
operation will comply with county flood hazard requirements.
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 proposed site is
designated"Prime"and"Irrigated land,not prime"by the USDA Soil Conservation Services.
The site is proposed to be included in the Intergovernmental Agreement(IGA)area with the
City of Firestone. The location of the site in close proximity to city boundaries and within
the proposed IGA area will limit the future agricultural productiveness of the site.
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. 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. 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. (Department of
Planning Services)
RESOLUTION USR-1326
Lohmann/French
Page 3
B. As recommended by the investigation report completed by Savage and Savage and
included with the application materials, the applicant shall submit evidence to the
Department of Planning Services indicating that the United States Department of the
Interior, Fish and Wildlife Services has eliminated the site as a possible Preble's Meadow
Jumping Mouse habitat. 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. (Department
of Planning Services)
C. The applicant shall submit a Traffic Impact Study to the Weld County Department of Public
Works for review and approval.The study shall include a description of the project;vehicle
traffic generation and distribution; verification of adequate acceleration, deceleration, and
storage facilities at all impacted intersections;review of bridge capability;intersection levels
of service analysis for existing and proposed conditions;and recommendation for needed
upgrades to the transportation infrastructure to support the development. Evidence of
approval shall be submitted to the Department of Planning Services.(Department of Public
Works)
D. The applicant shall submit a copy of an agreement with the Last Chance Ditch Company,
stipulating that the ditch activities have adequately been incorporated into the design of the
site and permission has been granted to utilize the ditch to convey discharge water from the
facility the St. Vrain River. (Departments of Public Works and Planning Services)
E. The applicant shall either submit to the Weld County Department of Planning Services a
copy of an agreement with the properties mineral owners stipulating that the oil and gas
activities have adequately been incorporated into the design of the site or show evidence
that an adequate attempt has been made to mitigate the concerns of the mineral owners.
(Department of Planning Services)
3. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) Discharge points associated with the dewatering of the mining operation.
(Department of Public Works)
2) Property boundaries shall include all of the Lohmann and French properties not just
the mining area. (Department of Planning Services)
B. The applicant shall submit a Waste Handling Plan to the Weld County Department of
Public Health and Environment, Environmental Health Services Division. Evidence of
approval shall be submitted to the Weld County Department of Planning Services.The plan
shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site, including expected
volumes and types of waste generated. (Department of Public Health and
Environment)
2) A list of the type and volume of chemicals expected to be stored on site.
(Department of Public Health and Environment)
RESOLUTION USR-1326
Lohmann/French
Page 4
3) The waste handler and facility where the waste will be disposed, including the
facility name, address, and phone number. (Department of Public Health and
Environment)
C. An Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application must be
submitted to the Colorado Department of Health and Environment, Air Pollution Control
Division, for emissions of criteria, hazardous or odorous air pollutants. Evidence of
submittal shall be submitted to the Weld County Department of Planning Services.
(Department of Public Health and Environment)
D. A Dust Abatement Plan shall be submitted to the Weld County Department of Public Health
and Environment, Environmental Health Services Division. Evidence of approval shall be
submitted to the Weld County Department of Planning Services. (Department of Public
Health and Environment)
E. The applicant shall submit to the Weld County Department of Planning Services evidence
that any existing septic system meets all requirements of the Weld County Department of
Public Health and Environment. The Weld County Department of Public Health and
Environment was unable to locate a septic permit for the existing residential structure. Any
existing septic system which is currently not 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 permits. In the event the system is found to be inadequate,the system
must be brought into compliance with current I.S.D.S. regulations. (Department of Public
Health and Environment)
F. The applicant shall submit to the Weld County Department of Planning Services for review
and approval by the Weld County Department of Public Health and Environment evidence
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. (Department of Public Health and Environment)
G. The applicant shall submit evidence to the Weld County Department of Public Health and
Environment indicating that an adequate potable water supply has been obtained for the
proposed facility. Evidence of Weld County Department of Public Health and Environment
approval shall be submitted to the Weld County Department of Planning Services.
(Department of Public Health and Environment)
H. The applicant shall enter into an Improvements Agreement for the upgrade and paving of
Weld County Road 26 from the pit entrance west to Weld County Road 13 and any
additional intersection improvements associated with the heavy hauling that may be
identified in the traffic study. (Department of Public Works)
Weld County Road 26 is considered a permanent man-made structure.The State requires
a sign-off from the County as the road is within the 200-foot requirement from the gravel pit
operation. The applicant shall supply the Weld County Department of Planning Services
with verification of sign-off from Weld County. (Department of Public Works)
RESOLUTION USR-1326
Loh man n/French
Page 5
J. 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 FIRM Panel Map #080266 0855 C, dated September 28, 1982.
(Department of Planning Services)
K. In accordance with Section 23-4-290 of the Weld County Code,the applicant shall furnish
evidence that he or she is insured to the extent of not less than one hundred thousand
dollars($100,000.00)against liability for any negligent act or omission by the operator from
the operation or maintenance of the sand and gravel pit and the extraction and production
of sand and gravel and all activities connected with or incidental thereto. (Department of
Planning Services)
L. The applicant shall submit evidence to the Weld County Department of Planning Services
indicating that a Storm Water Discharge Permit from the Colorado Department of Public
Health and Environment,Water Quality Control Division has been obtained.(Departments
of Public Health and Environment and Planning Services)
M. The applicant shall submit plans for the installation of tanks for flammable or combustible
liquids storage and dispensing to the Mountain View Fire Protection District for review and
approval. Evidence of approval shall be submitted to the Weld County Department of
Planning Services. (Mountain View Fire Protection District)
4. Prior to operation:
A. An Individual Sewage Disposal System shall be installed for the proposed office/scale
facility.The septic system is required to be designed bya Colorado Registered Professional
Engineer and installed according to Weld County I.S.D.S. regulations. (Department of
Public Health and Environment)
B. The applicant shall submit evidence to the Weld County Department of Planning Services
indicating that the Gravel Well Permit and Temporary Substitute Supply Plan has been
approved by the Colorado State Engineer's Office. (Department of Planning Services)
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
Cristie Nicklas
Arlan Marrs
Michael Miller
John Folsom
Cathy Clamp
Bryant Gimlin
Stephen Mokray
r
RESOLUTION USR-1326
Lohmann/French
Page 6
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,Vicki Hamilton,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, May 1, 2001. / /J
Date�dAt/h/e�1001./ ,�yC��'LI.iG^7l
LmiitM
!u 1 f
Secretary
r
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Lohmann/French c/o L.G.Everist
USR-1326
1. The Site Specific Development Plan and Special Use Permit is for Open Cut Gravel Mining along
with a Concrete 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 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. This is not meant to include those
wastes specifically excluded from the definition of a"solid waste"in the Solid Waste Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
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. (Department of Public Health and Environment)
7. The facility shall operate in accordance with the approved dust control plan. The facility shall have
sufficient equipment available to implement appropriate dust control. Additional control measures
shall be implemented as required by the Weld County Health Officer. (Department of Public Health
and Environment)
8. 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)
9. Adequate hand washing and toilet facilities shall be provided for employees.(Department of Public
Health and Environment)
10. The facility shall provide an adequate water supply for drinking and sanitary purposes.(Department
of Public Health and Environment)
11. An Individual Sewage Disposal System shall be installed for the proposed office/scale facility.The
septic system is required to be designed by a Colorado Registered Professional Engineer and
installed according to Weld County I.S.D.S. regulations. (Department of Public Health and
Environment)
12. 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)
13. In accordance with the Above Ground Storage Tank Regulations (7 CCR 1101-14) a spillage
retention berm shall be constructed around the tank battery. The volume retained by the spillage
berm should be greater than the volume of the largest tank inside the berm. Alternative protective
measures may be allowed provided they comply with the Above Ground Storage Tank Regulations.
(Department of Public Health and Environment)
14. 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)
15. Portable toilets may be utilized on sites that are temporary locations of the working face and
portable processing equipment, etc. for up to six months at each location. (Department of Public
Health and Environment)
16. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Minerals and Geology. (Department of Public Health and Environment)
17. Effective December 1, 1999, Building Permits issued on the lot will be required to adhere to the fee
structure of the Southwest Weld Road Impact Program area 3. (Department of Planning Services)
18. The landscaping on site shall be maintained in accordance with the approved Landscape Plan.
(Department of Planning Services)
19. 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. (Department of Public Health and Environment)
20. Any vehicle washing area(s)shall capture all effluent and prevent discharges from concrete drum
washing and the washing of concrete 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 Public Health and Environment)
21. Off street parking spaces at the main office parking lot and access drive shall be surfaced with
asphalt,concrete,or the equivalent. It shall be graded to prevent drainage problems. (Department
of Public Works)
22. The sand and gravel operation shall comply with operation policies identified in Section 23-4-290
of the Weld County Code. (Department of Planning Services)
23. Section 23-4-290 of the Weld County Code 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.
(Department 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. (Department of Planning Services)
25. 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 15-1-10 of the Weld County Code. (Department of Public Works)
26. "No Trespassing"signs shall be posted and maintained on the perimeter fence to clearly identify the
boundaries of the site. (Department of Planning Services)
27. 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)
28. The operation shall comply with the Occupational Safety and Health Act(OSHA). (Department of
Public Health and Environment)
29. The operation shall comply with the Mine Safety and Health Act (MSHA). (Department of Public
Health and Environment)
30. The town of Firestone is identifying a twenty (20)foot storm water easement associated with the
Oak meadows PUD.No excavation or processing of sand and gravel shall be permitted nearer than
ten (10)feet to the boundary of adjacent easements. (Department of Planning Services)
31. All signs shall adhere to Section 23-4-90 of the Weld County Code and shall require Building
permits. (Department of Planning Services)
32. No materials shall be imported from sources off-site for processing at Concrete Batch Plant.
(Department of Planning Services)
33. All buildings shall require building permits and review through the Weld County Department of
Building Inspection. (Department of Building Inspection)
34. All operations shall conform with Weld County Flood Regulations including:
a. No fill,berms,or stockpiles shall be placed in the one hundred (100)year flood plain which
would obstruct passage of flood flows.
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)
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. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
37. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
38. 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.
39. 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.
40. 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.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Page 9
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes; Arlan Marrs, yes; Stephan Mokray,no; Michael Miller,yes;Jack Epple,absent; Bryant Gimlin,
yes; Cathy Clamp, yes; Cristie Nicklas, yes ; Fred Walker, absent. Motion carried six to one.
4. CASE NUMBER: USR-1326
PLANNER: Sheri Lockman
APPLICANT: Lohmann/French c/o L.G.Everist
LEGAL DESCRIPTION: Part of NW4 and Part NW4 NE4 Section 6,T2N, R67W of
the 6th P.M.,Weld County, Colorado
REQUEST: A Site Specific Development Plan and a Special Review Permit for Open
Cut Gravel Mining along with a Concrete Batch Plant in the A(Agricultural)
Zone District.
LOCATION: South of and adjacent to Weld County Road 26 and 1/4 mile east of Weld
County Road 13
Sheri Lockman,Planner presented Case Number USR-1326 and read the Department of Planning Services
comments and recommendations of approval. Ms. Lockman also distributed a letter received May 1,2001
stating concerns regarding this site. Ms. Lockman stated the Staff Comments had been updated by
combining Development Standard number 14 with number 11. Development Standard number 19 was
deleted because it was repeated in number 34, and the wording was changed on number 32.
Commissioner Cathy Clamp asked if cutting and trimming the noxious weeds was adequate in controlling
the weeds. Don Carroll, Public Works, stated he would check with Ron Broda, weed specialist to see if
keeping the weeds cut is adequate. Ms. Clamp asked if this measure is not adequate, could the
Development Standard be amended to include removal of noxious weeds instead of just control. Ms.
Lockman stated that would be possible.
Commissioner Michael Miller stated that he has several acres of noxious weeds and Mr. Broda indicated
that as long as the weeds are cut before they budded/flowered then that would be adequate control of the
weeds.
Rick Everist, applicant stated his name and address for the record and also stated the only weeds on the
property were tumble weeds. Mr. Everist stated that this operation would be in process for considerably less
time than most,with the time frame between ten (10)and twelve (12)years.
Commissioner Cristie Nicklas addressed the letter that was received May 1,2001 and asked the applicant
if he had had time to read it. Mr. Everist stated he had. Ms. Nicklas asked how the water wells were to be
monitored and Mr. Everist stated they would redrill any wells within 600 hundred feet.
Ms. Clamp stated in the Reclamation plan that six (6) of the eighty(80) acres will returned to prime farm
ground and the rest to water. Ms. Clamp asked if there was any feasible way more of the land could be
returned to farm ground. Mr. Everist replied that was up to the owner. The applicant stated that the
eventual lake will be only forty-five (45)acres.
Mr.Miller,referenced the application on page 8 stating that backfilling with imported,inert fill material would
take place and the Development Standards indicate that no permanent disposal of waste shall be permitted
on the site. Mr. Everist, stated it is structural fill dirt, asphalt anything the Department of Public Health and
Environment would deem inert. Mr.Miller asked if this was permissible. Char Davis,Department of Public
Health and Environment stated that it was permissible.
Ms. Clamp stated that the application didn't state if materials were going to be imported to the batch plant
-- or the site only. Mr. Everist stated that concrete would be coming from Wyoming. Mr. Everist also'stated
that when the site was complete it would be mitigated, however he also stated that concrete batch plants
can co-exist with residential areas.
Mr. Miller confirmed that the new batch plant is replacing the plant on Highway 119 and 1-25. il EXHIBIT
(1.
use teals
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Page 10
Commissioner Arlan Marrs discussed the reasoning behind Development Standard number 30 asking Ms.
Lockman if this wasn't overstepping the boundaries. Ms. Lockman replied that compatibility was the main
issue for the Development Standard. Ms.Lockman went on to state that this area is developing very quickly,
and there are homes that sit to the south of this site and a subdivision overlooks this gravel mine. Also when
the application was submitted there was no mention of this existing subdivision. Planning staff chose to add
the condition. Mr. Marrs asked how importing raw materials be any different than using existing materials.
Ms. Lockman stated that Planning Staff had concerns regarding the capability of the subdivision and the
batch plant. The condition was added to limit the use and time frame of the batch plant to run with the gravel
mining. The Planning Staff wanted to ensure that when the mining was over, the batch plant would also
cease to exist.
More discussion followed regarding Development Standard number 30 in which, Mr. Miller clarified that if
the applicant wanted to make changes to the standard, it would not jeopardize his application at this point.
Mr. Everist stated at this point in time he did not want to make changes to this Development Standard.
Mr. Miller confirmed that the batch plant would be located in the Northeast corner of the property.
Ms. Nicklas opened the hearing to public comment. There was no public comment.
Ms. Nicklas asked Mr. Everist if he had other Conditions of Approval or Development Standards that he
wished to discuss. Mr. Everist asked for clarification on the IGA with the Town of Firestone. Ms. Lockman
stated that Weld County has an Intergovernmental Agreement with the Town of Firestone, however at this
time,this site is outside the boundary of the IGA. The applicant had submitted the application prior to the
amendment now going through the hearing process with the Board of County Commissioners. At this time,
this IGA does not affect his application,however,future applications may have to be developed through the
town. Ms. Nicklas requested the definition of an IGA. Ms. Lockman, stated it is an Intergovernmental
Agreement between the county and the towns that directs growth around said towns. Mr.Everist stated that
the site has not been annexed by the town. Mr.Morrison,stated that the towns and the county have agreed
on how development in the urban growth areas is to be handled. Mr. Morrison stated that this site is not in
the area.
Mr. Folsom stated that Firestone is not challenging this application.
Mr. Everist stated that on 2.E on page 4, prior to scheduling a Board County Commissioners hearing, the
requirement is asking to have submitted a list of property owners within 500 feet of the property boundary
for notification. Mr.Everist stated that a list of property owners within 500 feet of the Use by Special Review
boundary had already been submitted and he questioned why more names. Mr. Everist stated it seemed
like the rules were being changed for this specific case.
Ms. Nicklas asked Mr. Morrison if there was a County regulation that make this necessary. Mr. Morrison
stated the 500 feet is based on the distance from the Special Use Permit.
Mr.Miller asked Ms.Lockman why this was added. Ms.Lockman stated that this is was changed to ensure
proper notification to the homes in the subdivision which are beyond the 500 feet. Ms. Lockman stated this
same condition has been used for dairies. Planning staff wanted to be consistent and ensure that those
people most affected by the USR receive notice.
Mr. Marrs stipulated that the rule states it is 500 feet within the USR not 500 feet of the property boundary.
Mr. Morrison stated interpretation isn't quite that clear. It says the parcel under consideration. Mr. Morrison
stated the language says"parcel".
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Page 11
Mr. Marrs, restated that obviously the parcel under consideration is the USR and Mr. Everist is exactly right
by stating we go through the whole process of public notification along with publishing the notification in the
newspaper. If we start changing the rules arbitrarily, there is no end to it. Mr. Morrison stated that it isn't
clear that it doesn't apply to the whole parcel. The term used is "parcel", not "area" of Use by Special
Review Permit. Mr. Morrison also stated the Use by Special Review permit does not create a separate
parcel and therefore, the word parcel in this instance could mean the whole parcel boundary.
Mr. Morrison stated that what Planning staff is asking for is not in excess or creating a new rule. Mr.
Morrison stated that the current rule could be interpreted to read "parcel boundary".
Mr.Miller stressed the key point is consistency. He stated that he has not seen it written on any other gravel
operations. The notification process has always been property owners within 500 feet of the Use by Special
Review boundary. This one application shouldn't be singled out just because there are houses on the bluff
above it.
Mr. Morrison cautioned that the applicant runs the risk of future challenges if a property owner who was not
properly notified, contests the application. A court of law could interpret the rule as notification of property
owners within 500 feet of the property boundary not USR boundary.
Commissioner Bryant Gimlin stated that the applicant just wants to know what is expected of him. Mr.
Gimlin stated that the if the Planning Commission interprets that the 500 feet comes from the Use By Special
Review area that would be a reasonable interpretation. As far as notification, that is why all the signs are
posted for the public outside those boundaries.
Mr. Everist stated that in the past,the boundary of the some USR's have been moved to avoid notification,
but not this time.
Mr. Miller stated that whether the condition be amended or not, that you can't bounce back and forth
arbitrarily, and that the Planning Commission must be consistent.
Mr. Gimlin moved to eliminate Item 2.E in the Conditions of Approval. Stephan Mokray seconded.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes; Arlan Marrs,yes; Stephan Mokray,yes; Michael Miller,yes;Jack Epple,absent; Bryant Gimlin,
yes; Cathy Clamp, yes; Cristie Nicklas, yes; Fred Walker, absent. Motion carried unanimously.
Mr.Everist stated his next concern was on Item G of the Conditions of Approval regarding the water supply.
Ms. Davis, stated that the water had to be potable and meet the criteria for commercial use. Ms. Nicklas
asked that the word potable be added for clarification.
Mr.Everist moved on to Item L.stating that the approval of the Gravel Well Permit and Temporary Substitute
Supply Plan by the Colorado State Engineers' Office will take time, and could this condition be moved to
prior to operating. Mr. Morrison stated that he thought it would be appropriate.
Mr. Miller moved to relocate Item 3.L and re-letter appropriately to become Item 4.B under Prior to
Operation.
Ms. Clamp seconded.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes; Arian Marrs,yes; Stephan Mokray,yes; Michael Miller,yes;Jack Epple,absent; Bryant Gimlin,
yes; Cathy Clamp, yes; Cristie Nicklas,yes; Fred Walker, absent. Motion carried unanimously.
F
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Page 12
Mr.Everist discussed the Development Standard on page 9, Item 18 clarifying that the wording was referring
to concrete trucks and concrete drums. Ms. Davis concurred. The applicant went on to Item 19 on page 9
clarifying the size of the parking lot for paving. Mr. Carroll stated that the parking lot should be adequate to
handle vendors and office employees.
Mr. Miller moved to send Case Number USR-1326 together the amended Development Standards and
Conditions of Approval and corrections in wording and spelling to the Board of County Commissioners with
our recommendation of approval.
Mr. Mokray seconded.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes; Arlan Marrs,yes; Stephan Mokray,yes; Michael Miller,yes;Jack Epple,absent; Bryant Gimlin,
yes; Cathy Clamp, yes; Cristie Nicklas, yes; Fred Walker, absent. Motion carried unanimously.
5. CASE NUMBER: USR-1325
PLANNER: Robert Anderson
APPLICANT: Edward &Janet Schmidt
LEGAL DESCRIPTION: Lot B/ RE-2090, PT E2/ NW4, PT NE4/SW4, SEC 18,
T5N, R64W, 6T" PM, Weld, County, CO
REQUEST: A Site Specific Development Plan and a Special Review Permit for a
Single Family Dwelling Unit, Other than Those Permitted under Chapter
23, Article III, Division 1, Section 23-3-20.A., in the A (Agricultural)Zone
District.
LOCATION: South/Adjacent Weld County Road 58 & West/Adjacent Weld County
Road 49.5
Robert Anderson, Planner presented Case Number USR-1325 and read the Department of Planning
Services comments and recommendations of approval into the record.
Commissioner Cristie Nicklas asked the reason for this USR. Mr.Anderson responded that the property is
Lot B of a Recorded Exemption 2090 and isn't in the ten (10)year time frame.
Commissioner Bryant Gimlin inquired why the Greeley/Weld Airport did not require an avigation easement.
Mr.Anderson responded that the reason there is no easement is that the property lies on the fringe of the
overlay district and the type of construction the applicant is proposing will not have substantial height to the
building.
Bill Hughes, attorney and representative for the applicant stated his name and address for the record.
Mr.Hughes stated that the applicant is retired and farming this land but has a need for some additional help
so this house would be for his son and daughter-in-law. When the 10 year time frame has expired the
applicant plans to file for a Recorded Exemption to create a separate legal lot. The site that the house will
be built on is on the least intrusive acreage for the farming operation.
Ms. Nicklas opened the hearing for public comment. There was none.
Ms. Nicklas asked the applicant if they were in agreement of the Conditions of Approval and Development
Standards. The applicant stated that they were in agreement.
Mr. Gimlim moved that Case Number USR-1325 be forwarded to the Board of County Commissioners with
the Conditions of Approval and Development Standards with our recommendation of approval.
Commissioner Stephen Mokray seconded.
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