HomeMy WebLinkAbout20011787.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephen Mokray that the following resolution be introduced for approval with amended attached
Conditions of Approval and Development Standards by the Weld County Planning Commission. Be it
resolved by the Weld County Planning Commission that the application for:
PLANNER: Lauren Light
CASE NUMBER: 2ndAmUSR-1172
APPLICANT: Hall-Irwin Corporation
ADDRESS: P.O. Box 519, Greeley, CO 80632
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Gravel
Mining Operation in the A(Agricultural)Zone District
LEGAL DESCRIPTION: Part of Section 36,Township 1 North, Range 67 West and Part of Section
31, Township 1 North, Range 66 West of the 6th P.M., Weld County,
Colorado
LOCATION: North of and adjacent to Weld County Road 2 and East of and adjacent to
Weld County Road 23 '1/2
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 Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
a. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinances in effect. Section 22-5-80 (CM. Goal 2)states,
"Promote the reasonable and orderly development of mineral resources." The intent of this
proposal is to include an additional 40 acres for mining that has not been utilized by the
existing gravel mining operation. The original mining permit consisted of 169 acres.
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 as a Use by Special Review in the A(Agricultural)Zone District.
The mining operation is proposed to take 7 years to complete and an additional year to
reclaim the property.
c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. Surrounding land uses to the north, south, east and west consist
of gravel mining and rural residential uses. The applicant is proposing setbacks and noise
limitations to lessen impacts on adjacent properties. Truck traffic will not be allowed on
WCR 23 Y2. The material will be transported to the existing processing area and the trucks
will then exit onto Baseline Road.
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
EXHIBIT
2001-1787
d amuse A
�-. RESOLUTION, 2NDAMUSR-1172
Hall-Irwin
Page 2
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 proposed use is located within the three mile referral area of the City
of Brighton. The City of Brighton did not respond indicating a conflict with their interests.
e. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County
Code. The proposed use lies within a designated Flood Hazard Area, as delineated on
FIRM Panel map No. 080266 0995 C, dated September 28, 1982. Any structures onsite
will require a Flood Hazard Development Permit.
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 property does not
contain any prime farm land. The soils onsite are designated as "other" as delineated on
the Important Farmland of Weld County Map, dated 1979.
g. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards(Section 23-2-250,Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
h. Article IV, Division 4 — Additional requirements for Open Mining have been addressed
through this application and the Development Standards will ensure compliance with the
provisions of Article IV, Division 4 of the Weld County Code.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services'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 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 60 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 to the Weld County Department of Planning Services written
evidence from the State Water Engineer that well permits have been applied
for.(Department of Planning Services)
B. The applicant shall submit a letter from property owner Bob Sakata stating that he is in
agreement with and has no conflicts with Case Number 2ndAmUSR-1172.
C. The applicant shall submit to the Weld County Department of Planning Services written
evidence that the concerns of the West Adams Soil Conservation District have been
addressed. (Department of Planning Services)
RESOLUTION, 2NDAMUSR-1172
Hall-Irwin
Page 3
D. 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) All development standards for Use by Special Review USR-1172 and Amended
Use by Special Review AMUSR-1172. (Department of Planning Services)
2) A plat note shall be added which states: The applicant shall enter into a Road
Maintenance and Improvements Agreement with the Board of County
Commissioners if, at any time in the future, maintenance of Weld County Road 2
becomes the responsibility of Weld County. (Department of Public Works)
4. The Special Review activity shall not occur nor shall any building or electrical permits be issued on
the property until the Special Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder. (Department of Planning Services)
Motion was amended to include that additional language be added "to before scheduling the Board of
County Commissioner's Hearing"a letter from Bob Sakata would be submitted. Motion was then seconded
by Arlan Marrs.
VOTE:
For Passage Against Passage Absent
Fred Walker Cristie Nicklas
Arlan Mars John Folsom
Michael Miller Bryant Gimlin
Cathy Clamp
Jack Epple
Stephen Mokray
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 15, 2001.
Da� `ci tt e 1 " fMay, 200
L2K// /0707(e'G/li
Vicki Hamilton
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Hall-Irwin Corporation
2ndAMUSR-1172
1. The Site Specific Development Plan and Special Use Permit is for a Gravel Mining Operation 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 submitted April 25,
2001. 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. The landscaping on site shall be maintained in accordance with the approved Landscape Plan.
(Department of Planning Services)
10. 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)
11. 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)
12. 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)
13. The operation shall comply with the Occupational Safety and Health Act (OSHA). (Department of
Public Health and Environment)
14. The operation shall comply with the Mine Safety and Health Act (MSHA). (Department of Public
Health and Environment)
15. The operation shall comply with all applicable rules and regulations of the Federal Emergency
Management Agency. (Department of Planning Services)
16. The facility must comply with the rules and regulations of the Colorado Division of Minerals and
Geology. (Department of Planning Services)
17. There will be no heavy hauling permitted on Weld County Road 23.5 adjacent to the proposed
gravel operation. All ingress and egress to the site will occur onto Weld County Road 2.
(Department of Planning Services)
18. There will be no staging or parking of sand and gravel trucks shall be allowed on Weld County Road
2. (Department of Planning Services)
19. All construction on the property shall be in accordance with the requirements of the Weld County
Building Code. (Department of Planning Services)
20. An NPDES permit shall be obtained from the Colorado Department of Public Health and
Environment, Water Quality Control Division, for any proposed discharge into State waterways.
(Department of Planning Services)
21. An Air Pollution Emission Notice and Emission Permit shall be obtained from the Colorado
Department of Public Health and Environment,Air Pollution Control Division,for emissions from the
mining operation. The site shall operate in accordance with all applicable rules and regulations of
the Air Pollution Control Division. (Department of Public Health and Environment)
es-
22. "No Trespassing"signs shall be posted and maintained on the perimeter fence to clearly identify the
boundaries of the site. (Department of Planning Services)
23. 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)
24. If any work associated with this project requires the placement of dredged or fill material, and any
excavation associated with a dredged or fill project,either temporary or permanent, in waters of the
United States which may include streams,open water lakes, ponds or wetlands at this location,the
U.S.Army Corps of Engineers,Omaha District,shall be contacted 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. (Department of Planning Services)
25. No permanent structures are proposed for this site. Portable toilets may be utilized on sites that are
temporary location of the working face and portable processing equipment,etc.,for up to six months
at each location. (Department of Public Health and Environment)
26. The septic systems that serve the scale house and shop/office shall comply with Weld County
I.S.D.S. Regulations. (Department of Public Health and Environment)
27. Adequate hand washing and toilet facilities shall be provided for employees. Water for sanitary
facilities shall be provided by the onsite well. (Department of Public Health and Environment)
28. The facility shall utilize bottled water for the employees and public.(Department of Public Health and
Environment)
29. All signs,both temporary and permanent,shall adhere to Section 23-4-90 of the Weld County Code
and shall require Building permits. (Department of Planning Services)
30. 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)
31. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
32. 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)
33. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
34. 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.
35. 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.
36. 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 8
Don Carroll, Department of Public Works concurred if the facility had direct access to Weld County Road
19 the road impact fee would accessed however if the access is from Weld County Road 10 the fee would
not be accessed.
John Zadel, JZM, LLC, applicant stated his name and address for the record. He is also representing
Northern Colorado Constructors. Mr.Zadel indicated that the road base would be adequately addressed
either by adding additional 4 inches of road base or by providing asphalt.
Mr. Miller confirmed that the access would be from Weld County Road 10 and that you agree to cover with
eight(8)inches of road base for H.S. Gatherings high pressure lines.
The Vice Chair opened the hearing for public comment. There was no comment.
Mr. Miller asked Mr. Zadel if he was in agreement with the Conditions of Approval and the Development
Standards. Mr.Zadel stated he was in agreement.
Mr.Marrs moved that Case USR-1330 be forwarded to the Board of County Commissioners along with the
Development Standards and the Conditions of Approval with the addition of eight inches of road base or
asphalt cover over the H. S.Gathering high pressure lines be included in the Condition of Approval 2 C.
Mr.Mokray seconded the motion.
The Vice-Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,absent; Arlan Marrs,yes; Stephan Mokray,yes; Michael Miller,yes;Jack Epple,yes; Bryant Gimlin,
absent; Cathy Clamp,yes; Gristle Nickles, absent; Fred Walker,yes. Motion passed unanimously.
6. CASE NUMBER: 2ndAmUSR-1172
PLANNER: Lauren Light
APPLICANT: Hall-Irwin Corporation
LEGAL DESCRIPTION: Part of Section 36, Township 1 North, Range 67 West
and Part of Section 31,Township 1 North,Range 66 West
of the 6th P.M.,Weld County, Colorado
REQUEST: A Site Specific Development Plan and a Special Review Permit for a
Gravel Mining Operation the A(Agricultural)Zone District
LOCATION: North of and adjacent to Weld County Road 2 and East of and adjacent to
Weld County Road 23%.
Lauren Light, Planner presented Case 2n° Amended USR-1172 and read the Department of Planning
Services comments and recommendation for approval into the record.
Dana Ortiz,Rocky Mountain Consultants,representative for the applicant stated her name and address for
the record. Ms.Ortiz wanted to clarify the language on the Administrative Review 2.b.stating that the seven
(7)years is the length of time for the expansion not the duration of the site.She went further to state on page
4, Item 2.A., prior to scheduling a Board of County Commissioners hearing, the well permits must be
obtained. At this time the well permits have been applied for and going through the review process,however
it is a lengthy process and the applicant would like to have the wording changed to read, Prior to recording
the plat,the well permits will be obtained. Ms.Ortiz went onto state that on Development Standard Number
17 on page 6 if the wording could be added to read,with the exception of local delivery.
Mr.Marrs asked if the well permits addressed on page 4, Item 2.A. are for recharging purposes. Ms. Ortiz
responded they are for exposing the groundwater.
/^ a
Mr.Miller responded to the applicant's request to change the wording on Development Standard Number r ol"
17 regarding hauling on Weld County Road 23.5 by asking Don Carroll for specific information. Mr.Carroll Y \
responded that the Improvements Agreement specifies that the haul route would be on Weld County Road K 1 cr
1M ',
VIstintatti
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
PAGE 9
2,Baseline Road,which is paved. Mr.Carroll went on to state that Weld County Road 23.5 is a local gravel
road,not set up for any heavy hauling. Mr.Carroll requested information from the applicant regarding what
type of local deliveries are being considered. Ms. Ortiz stated it would be delivery gravel or concrete for
customers along Weld County Road 23.5, not as a haul route. Mr. Miller stated that as long as the haul
trucks access Weld County Road 23.5 by way of Weld County Road 2 that this would not be an issue.
Mr.Carroll,stated that the haul routes have to be maintained. Sometimes If not adhered to the trucks short
cut to Wattenburg to Weld County Road 8 to the next paved road. That isn't the intent that we want. Mr.
Carroll stated that if there is a delivery on Weld County Road 23.5 that it isn't a problem.
Mr. Marrs,stated that in the original permit a slurry wall was used to seal the line the pit. Mr. Marrs asked
if that is still the case. Ms.Ortiz stated no the well won't be lined. Mr.Marrs stated that could be a problem
as the surrounding property owners requested the pits be lined with slurry originally. Ms.Ortiz stated that
research had been done on the location of all wells within 600 feet of the property. Mr. Marrs stated the
landowner on Weld County Road 23 and Weld County Road 2 was the one in question at the original
hearing. Ms.Ortiz stated that it was most likely not recognized in the research as it was not in the 600 foot
radius. Mr, Marrs stated the concern that if the original permit required the well to be slurry lined, It might
be a step backwards if this current well was not required to be slurry lined.
Jeff Greg, Hall-Irwin gave his name and address for the record. He went on to state that the well being
referred to is Bob Sakata's. Mr. Greg stated that Mr. Sakata offered to be at this hearing and offer his
support. Mr.Greg suggested that Mr.Sakata submit a letter of his support of this case.Mr.Marrs stated that
would be appropriate.
Mr.Miller asked the applicant if he was in agreement with the Conditions of Approval and the Development
Standards. The applicant stated yes.
Mr. Mokray moved that Case 2n°Amended USR-1172 along with the change to 2.A to change the wording
to applied for well permits and the Conditions of Approval and Development Standards with Planning
Commission's approval.
Mr. Marrs amended the motion adding that a letter from Mr. Bob Sakata be submitted stating there are no
concerns regarding the water well in the adjacent area.
Mr. Marrs seconded the motion.
The Vice-Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,absent; Arlan Marrs,yes; Stephan Mokray,yes; Michael Miller,yes;Jack Epple,yes; Bryant Gimlin.
absent; Cathy Clamp,yes; Cristie Nickles, absent; Fred Walker,yes. Motion passed unanimously.
7. CASE NUMBER: Z-555
PLANNER: Kim Ogle
APPLICANT: John Davis.Lyons 66 Pacific,LLC
LEGAL DESCRIPTION: Pt. NW 1/4 of Section 26, Township 3 North, Range 68
West of the 6th P.M.,Weld County, Colorado
REQUEST: Change of Zone from C-4, Highway Commercial to PUD for 15
Commercial/Industrial lots in the MUD
LOCATION: East of and adjacent to I-25 Frontage Road,and south of and adjacent to
State Highway 66.
Kim Ogle, Planner presented Case Z-555 and read the Department of Planning Services comments and
recommendations of approval into the record. Mr.Ogle distributed letters from Little Thompson Water District
dated May 4, 2001 and from LSC Transportation Consultants, Inc. dated April 4, 2001 as well as final staff
recommendations.
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