HomeMy WebLinkAbout20012764 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bryant Gimlin that the following resolution,along with the addition to Condition of Approval#2.A,
the deletion of the flood plain portion to Condition of Approval #3.G., additions to Development Standard
#15,and addition of Development Standard#3,the be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1341
PLANNER: Chris Gathman
APPLICANT: Varra Companies, Inc., 12910 Weld County Road 13, Longmont, CO 80504
REQUEST: A Site Specific Development Plan and a Special Review Permit for an asphalt&concrete
batch plant, asphalt and/or concrete recycling, sand and gravel processing, materials and
equipment storage and commercial offices in the A (Agricultural)Zone District
LEGAL: Part of the S2 NW4 Section 25, Township 1 North, Range 68 West of the 6th P.M., Weld
County, Colorado.
LOCATION: West of and adjacent to Weld County Road 11, 1/4 mile south of Weld County Road 6
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 of the Weld County
Code 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.4 of the Weld County Code provides for asphalt and
concrete batch plants as a Use by Special Review in the A(Agricultural)Zone District. The
proposed sand and gravel processing facility will process mineral deposits generated off-
site. Section 23-3-40.A.6 of the Weld County Code allows for the on-site processing of
mineral deposits.This proposal is for off-site processing of mineral deposits. Section 23-3-
40.0 of the Weld County Code allows for uses similar to uses listed as Use by Special
Review in the A (Agricultural) zone district as long as the use complies with the general
intent of the A zone district. Commercial offices are a Use by Right under Commercial
zoning and outdoor and outdoor storage of equipment and materials is a use by right in the
1-3(Industrial)Zone District. Section 23-3-40.R allows for uses permitted by right in the in
Commercial or Industrial Zone Districts.
2001-2764
[ 4. EXHIBIT
RESOLUTION, USR-1341
Varra Companies
Page 2
c. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses. The proposed use is adjacent to a commercial RV storage
lot to the south (Special Use Permit 299), a turkey facility to the north (Special Use Permit
117), and three single-family residences and outbuildings to the west (adjacent to Weld
County Road 11). The turkey facility does not appear to be in operation. The applicant is
proposing to bring water in to the facility to operate the asphalt and concrete batch plants.
The amount of water required for the Asphalt Batch Plant is minimal. The applicant has
estimated that the concrete batch plant will use approximately 9,120 gallons of water per
day. Varra company owns a 5,000 gallon water truck and is estimating two round trips (to
and from the site) per day to supply water to the site.
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 byChapter22 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 facility is located within the three-mile referral area for the
Town of Erie and the cities of Broomfield, Dacono and Northglenn. The Town of Erie and
cities of Dacono and Northglenn indicated that this proposal did not conflict with their
interests,in their referrals respectively received June 19,2001,June 12,2001 and June 14,
2001.
e. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County
Code. This site is located within the Southwest Weld Road Impact Fee Area#3. This fee
will be assessed at time of building 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 site is designated as
"Prime(Irrigated)"land according to the 1979"Important Farmlands of Weld County"Map.
However,water rights on this property have been sold to the City of Northglenn. This parcel
and the surrounding area are not in agricultural production and do not appear to have been
in production for a considerable period of time.
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 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 30 days of approval by the Board of County Commissioners. (Dept. of
Planning Services)
RESOLUTION, USR-1341
Varra Companies
Page 3
2. Prior to scheduling a Board of County Commissioners hearing:
A. 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 and existing pipelines have adequately been incorporated into the design of the
site or show evidence that an adequate attempt has been made to mitigate the concerns
of the mineral owners. (Dept. of Planning Services)
B. The applicant shall submit a traffic study to the Department of Public Works. Evidence of
Department of Public Works approval of the traffic study shall be submitted to the
Department of Planning Services. (Department of Planning Services)
C. The applicant shall provide evidence that the facility has obtained an "adequate" water
supply for the sand and gravel processing operations. Evidence of how much water will be
required, where the water will be delivered from and how the water will be used shall be
submitted to the Department of Planning Services. (Department of Planning Services)
D. The applicant shall provide evidence that the facility has obtained an "adequate" water
supply for proposed landscaping areas. The applicant shall indicate where water will be
obtained and how the landscape areas will be irrigated. (Department of Planning Services)
E. The applicant shall attempt to address the requirements of the Brighton Fire Protection
District as outlined in their referral dated July 5,2001. (Department of Planning Services)
F. The applicant shall submit a copy of an agreement with the Bull Canal Ditch Company,
whose irrigation ditch runs along the northwestern boundary of the proposed development,
stipulating that all concerns of the ditch company have been adequately addressed, or
submit evidence that reasonable accommodations have been made. (Dept. of Planning
Services)
3. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) All right-of-way requirements for WCR 11 as required by Broomfield, as they have
jurisdiction.
2) The approved Landscape and Screening plan. (Department of Planning Services)
B. If the applicant utilizes any maintained Weld County roads other than those annexed by
Broomfield, Dacono, or Northglenn, they shall enter into a Road Maintenance
Improvements Agreement for the upgrading and paving or maintenance of roads
associated with the operation, and any additional intersection improvements associated
with heavy hauling that may be identified in the traffic study. (Department of Public Works)
C. The applicant shall submit copies of signed Improvements Agreements with the City of
Broomfield (and the City of Dacono and City of Northglenn if necessary)for the upgrading
and paving or maintenance of roads associated with the operation, and any additional
intersection improvements associated with heavy hauling that may be identified with the
operation or submit evidence from the City of Broomfield that their road concerns have
been adequately addressed. (Department of Public Works, Department of Planning
Services)
RESOLUTION, USR-1341
Varra Companies
Page 4
D. Submit an Air Pollution Emission Notice(A.P.E.N.)and Emissions Permit application to the
Air Pollution Control Division, Colorado Department of Health and Environment.
(Department of Public Health and Environment)
E. Submit a dust abatement plan to the Environmental Health Services, Weld County
Department of Public Health& Environment,for approval prior to operation. (Department
of Public Health and Environment)
F. An individual sewage disposal system is required for the proposed facility and shall be
installed according to the Weld County Individual Sewage Disposal Regulations. The septic
system is required to be designed by a Colorado Registered Professional Engineer
according to the Weld County Individual Sewage Disposal Regulations. (Department of
Public Health and Environment)
G. If applicable, a CPDS Permit shall be obtained from the Water Quality Control Division of
the Colorado Department of Health for any proposed discharge into State Waterways.
(Department of Public Health and Environment)
H. The applicant shall provide 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)
The applicant shall submit a waste handling plan,for approval,to the Environmental Health
Services Division of the Weld County Department of Public Health & Environment. The
plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
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)
J. The applicant shall attempt to address the requirements/recommendations of the Colorado
Geological Survey as outlined in their referral dated June 15, 2001. (Colorado Geological
Survey)
K. The applicant shall apply for a Department of Army, Clean Water Act permit and submit
evidence of approval to the Department of Planning Services or submit evidence from the
Department of the Army that the 404 Clean Water Act permit is not applicable. (Department
of Planning Services)
L. 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 the
adjacent residences to the west. The applicant shall provide a berm or other acceptable
method of screening. (Department of Planning Services)
RESOLUTION, USR-1341
Varra Companies
Page 5
4. Prior to Operation:
A. Applicant shall apply for and receive approval of building permits. (Department of Building
Inspection)
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 Arlan Marrs.
VOTE:
For Passage Against Passage Excused
Cristie Nickles Jack Epple Michael Miller
Arlan Marrs
Bryant Gimlin
John Folsom
Fred Walker
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,Wendi Inloes, 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 July 17, 2001.
Dated the 17th uly, 2001.
Wendi Inloes
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Varra Companies, Inc.
USR- 1341
1. The Site Specific Development Plan and Special Use Permit is for an asphalt & concrete batch
plant, asphalt and/or concrete recycling, sand and gravel processing, materials and equipment
storage and commercial offices 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. The facility will be restricted to no more than 10,000 gallons of water brought to the site per day for
the asphalt and concrete batch plant until a permanent water supply is obtained. No future
expansion of the asphalt and concrete batch plant shall occur until this time.(Planning Commission)
4.. No future expansion of the asphalt and concrete batch plant facilities and sand&gravel processing
facilities shall be allowed until the applicant has obtained a permanent water supply for these
facilities. (Department of Planning Services)
5. Off-street parking spaces at the main office parking lot, including access drive, shall be surfaced
with asphalt, concrete, or equivalent, and shall be graded to prevent drainage problems.
(Department of Public Works)
6.. 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)
7. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
8. 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)
9. 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 Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
10. 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)
11. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in 25-12-103 C.R.S. (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. The applicant shall have an adequate water supply. (Department of Public Health and Environment)
14. If applicable,the applicant shall obtain a stormwaterdischarge permit from the Colorado Department
of Public Health & Environment,Water Quality Control Division. (Department of Public Health and
Environment)
15. Adequate toilet and hand washing facilities shall be provided for employees and the public.
(Department of Public Health and Environment)
16. The operation shall comply with the Occupational Safety and Health Act (OSHA). (Department of
Public Health and Environment)
17. Any vehicle washing area(s)shall capture all effluent and prevent discharges from drum washing and
the washing of 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)
18. All pesticides,fertilizer,and other potentially hazardous chemicals must be stored and handled in a
safe manner. Reference 25-8-205.5 Colorado Water Quality Control Act and Rules and Regulations
thereof. (Department of Public Health and Environment)
19. Effective December 1, 1999, Building Permits issued on the site will be required to adhere to the fee
structure of the Southwest Weld Road Impact Program area#3. (Department of Planning Services)
20. The landscaping on site shall be maintained in accordance with the approved Landscape Plan.
(Department of Planning Services)
21. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
22. The property owner or operator shall be responsible for complying with the Operation Standards of
Sections 23-2-250 and 23-2-290 of the Weld County Code.
23. In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special Review has
not commenced from the date of approval or is discontinued for a period of three (3) consecutive
years, it shall be presumed inactive. The county shall initiate an administrative hearing to consider
whether to grant an extension of time to commence the use or revoke the Use by Special Review.
If the Use by Special Review is revoked, it shall be necessary to follow the procedures and
requirements of Division 4 of the Weld County Code in order to reestablish any Use by Special
Review. (Department of Planning Services)
24. 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.
25. 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.
26. 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
July 17, 2001
Page 10
Robert Anderson, Department of Planning Services, presented Case USR-1338, reading the
recommendation and comments into the record. The Department of Planning Services is recommending
approval of the application, along with the Conditions of Approval and Development Standards.
John Folsom asked about the CDOT referral and if they are asking for additional right-of-way. Robert
Anderson said that CDOT is not asking for additional right-of-way, but that the applicant would need to
obtain a new access permit if traffic were to increase.
Molly Elliott and Michael Quinn, applicants, said they are before the Commission to come into compliance
with a current violation,and explained the nature of the business. Cristie Nicklas asked about the grain and
feed sales. Mr. Quinn explained that this proposal does not currently exist, but that they will be doing this
down the road and are including it into the permit now.
John Folsom asked if they will be displaying any of the equipment sales. Mr. Quinn said they will not be
displaying the equipment and there is not room to do so. Mr.Quinn also explained that he currently has no
employees coming to the site, and that he does not foresee semi trucks coming to the site more that three
times a year.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicants if they were in agreement with the Conditions of Approval and Development
Standards. Mr.Quinn asked about the septic system requirement,and if they could put the shop within 200
feet of the existing septic and utilize it. Char Davis, Department of Environmental Health, said they could
do this but would need an engineer to evaluate the system to make sure it is adequate for the proposed use.
Mr. Quinn asked about Condition#2A regarding the water,and if this was necessary. Char Davis said this
would also need to be evaluated prior to making this determination. Mr. Quinn said that they have filed an
exemption with the State Division of Water Resources to change the well use to two domestic well. Mr.
Quinn also asked to change the hours of operations. Robert Anderson said he had no objection to the
change as stated previously.
Bryant Gimlin moved that Case USR-1338,be forwarded to the Board of County Commissioners along with
the Conditions of Approval and change to #13 of the Development Standards with the Planning
Commissions recommendation of approval. Michael Miller seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Arlan Mars, yes; Michael Miller, yes; Jack Epple, yes; Bryant Gimlin, yes; Cristie Nicklas,
yes; Fred Walker, yes. Motion carried unanimously.
CASE NUMBER: USR-1341
APPLICANT: Varra Companies, Inc.
PLANNER: Chris Gathman
REQUEST: Special Use Permit Application for an Asphalt and Concrete Batch Plant/Asphalt and/or
Concrete Recycling/ Sand & Gravel Processing/ Materials & Equipment Storage/
Commercial Office.
LEGAL DESCRIPTION: Part of S2 NW4 of Section 25, Ti N, R68W of the 6th P.M., Weld County, ��►
Colorado. F. _
LOCATION: West of and adjacent to WCR 11, 1/4 mile south of WCR 6. m m
Chris Gathman,Department of Planning Services,presented Case USR-1341,reading the recommendation = ` -
and comments into the record. The Department of Planning Services is recommending approval of this K V S
application, along with the amendments to the Conditions of Approval and Development Standards. W -r
rielathis-averea
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
July 17, 2001
Page 11
John Folsom said he understood that there would be no mining at this site and that everything will be
brought in. Chris Gathman said this was correct. Mr. Folsom also understands there will be a Road Impact
Fee assessed along with a Road Improvements Agreement. Mr. Gathman said this was also correct. Mr.
Folsom did not know where the use would fit into a category of Road Impact Fee Ordinance. Lee Morrison
said there are ways to determine the fees so that they are assessed fairly.
Arlan Marrs asked about the proposed commercial offices, and what the size and scope of these are, and
also what the proposed water use is. Mr.Gathman explained that there is a well permit on the site and that
the offices will be related to the activities to be located on the site.
John Folsom asked for clarification on WCR 11 and WCR 6, and which are paved. Mr. Gathman said that
WCR 6 is paved and WCR 11 is not paved. Don Carroll, Public Works, said that they have met with the
applicant and they are providing a traffic study, and he understands they will be accessing onto WCR 11
to WCR 6.
Brad James, representative, gave a brief overview of the application and explained the operation, stating
that they provide the product for the construction in the area. Varra Companies have several operations
throughout Weld County. Mr.James showed an overall map of the area and what will be in on the site. Mr.
James said that within two years of obtaining a water tap the operation will evolve with the amount of growth.
Mr.James said they would like to have rail delivery in next 2-5 years. Mr.James talked about the proposed
route, and feels that it is best to go WCR 11 to WCR 6, and that they have committed to a traffic study.
Fred Walker asked about the material being transported to the site and is it going to be pit run or material
ready to be mixed into the concrete. Mr.James explained that the vast majority will be doing dry operations.
Mr. Walker said he concern was with the limitation of 10,000 gallons of water for the site. Mr. James said
that they are limiting their operations because of the water until the infrastructure gets caught up.
John Folsom asked if most of the material will be crushed, washed and screened at other sites prior to
coming to this site. Mr. James said this was correct.
Char Davis, Department of Environmental Health, asked about the water situation in regards to the septic
system and the hand washing facilities. Mr. James apologized to Ms. Davis for not providing information
to her, and that the well is a commercial exempt well.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Larry Frank, surrounding property owner, expressed his concerns for himself and neighbors. With new
growth heading their way, most of the area is agricultural with large farms. The turkey farms in the area
have not been used for at least 8 years. The truck traffic from 1-25, WCR 2 and WCR 6, is very heavy.
Traffic lights have been put in on 1-25,but the intersection of the frontage road and Washington is becoming
a great concern. Going north to WCR 8 is also a concern. The railroad crossing has no gates and is also
a rough crossing. Mr. Frank addressed the water issue and stated that he does not have enough water for
his crops. Mr. Frank feels that safety is a big concern.
John Folsom commented that the interchange of 1-25 and WCR 8 is in the works to be reconstructed.
Dan Casper, representative for RME Petroleum, stated his concerns of the mineral and gas rights on the
site, and is objecting to the proposal, and is asking for an agreement to be reached with Varra.
Bryant Gimlin asked if any negotiations have been made with Varra. Mr. Casper said they are hoping to
come to an agreement and information had been sent to Mr. James.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
July 17, 2001
Page 12
Marcella Trostel,surrounding property owners,has concerns with the amount of water wells in area that are
in bad shape,and that no taps are being allowed from the water company. Ms.Trostel also was concerned
with a housing development going on WCR 7, and traffic is going to be a mess.
Chris Greno, representative for HS Resources, said they have concerns with the mineral lease hold on the
site, and that there is a natural gas well producing on the site, and they have no current agreement with the
applicant. Mr. Greno is requesting an agreement be reached as a condition to the permit.
Rhonda Mitchell,surrounding property owner,has concerns with the agricultural community being changed,
the noise and safety. Ms.Mitchell feels they are being forced to relocate due to these types of applications.
Steve Morazic, owns a RV company next to the site, and is in favor to the application the exception to the
retention pond being located so close to his home. Mr. Morazic wanted fencing adjacent to his property to
screen the operation.
Bernice Kirkmeyer, surrounding property owner, stated her concerns with Varra moving in and the dust
problems and the environmental and health impact it will have. Ms.Kirkmeyer said that roads currently are
not being taken care of and will get worse with the additional traffic. The area is zoned agricultural, and
would rather see light rail go in rather that a asphalt plant. Ms. Kirkmeyer then read a letter from a neighbor
expressing her concern with the roads and the amount of dust from the traffic and health concerns
associated with the dust.
Carrie Gildner, surrounding property owner, stated her concern with traffic and dust.
John Goble, surrounding property owner stated his concerns with dust and traffic, and that the application
does not fit into the surrounding area.
Brad James addressed the concerns of surrounding property owners. Mr. James said they have
accommodated a request for a chain-link fence and are doing traffic studies on the impact of the roads. Mr.
James said that they will mitigate dust as much as possible,and with the new developments,they will also
be adding to the dust problems,and this plant is needed for the growth in the area. Mr.James also said that
as far as the mineral interest, Varra will comply with any laws and get the appropriate agreements.
Cristie Nicklas asked about the request to operate 24 hours a day. Mr.James explained that there is a need
for this at times when they are doing federal or governmental type projects, and due to the most of these
projects being at night,they will need this at times. Chris Gathman said that the standard hours of operation
are daylight hours. Lee Morrison said that Varra would need to contact the Planning Department with this
request.
Cristie Nicklas also asked that language be added to Condition #2.A. an agreement with the gas pipeline
also.
Fred Walker stated he has concern with the application regarding the water issue, and would like to add a
condition to restrict them to 10,000 gallons per day until there is an adequate water supply.
Bryant Gimlin asked about the dust abatement plan, and also has concerns with this and the water issue.
Brad James said there are several components to mitigating dust. Equipment itself will suck the dust in, a
vegetative buffer, and with the property being at a lower grade, the winds will sweep over property. Mr.
James added that agricultural operations also produce dust along with development, and reducing speed
limits may help. Paving WCR 11 would also help,and that the Varra company would look into this if it was
a requirement from the traffic study.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
July 17, 2001
Page 13
Jack Epple asked if there are current road counts. Don Carroll said the last count for WCR 11 was on June
17, 1996, and was at 180 per day. On July 20, 1999 WCR 6 was at about 1000 per day. Mr. Carroll then
explained who had responsibility on what roads. WCR 11 between WCR 2 and WCR 4,has been annexed
by Northglenn, on Section 11 between WCR 4 and WCR 8 has been annexed by Broomfield and the
remaining section between WCR 8 and Hwy 52 has been annexed by Dacono. Weld County has no
jurisdiction from WCR 11 and Hwy 52, the only section is the intersection of WCR 6 and WCR 11 if you go
east. The County also has on WCR 2, 1 mile responsibility between WCR 15 and WCR 17, and pick up
again at 1-76.
Cristie Nicklas asked if they could ask for improvement agreements between Varra and the various
communities that have annexed. Lee Morrison said this could be asked for. John Folsom added that this
was in the conditions.
Chris Gathman added to Condition 2.A., that 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 and existing gas pipelines have been adequately incorporated. Condition # 3G
regarding flood plain can be deleted, and Development Standard#14 to add hand washing facilities.
Fred Walker added a Development Standard#3 to say:The facility will be restricted to no more than 10,000
gallons of water brought to the site per day for the asphalt and concrete batch plant until a permanent water
supply is obtained. No future expansion of the asphalt shall occur until this time.
Fred Walker moved to add Development Standard#3. Bryant Gimlin seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Arlan Marrs, yes; Michael Miller, excused; Jack Epple, yes; Bryant Gimlin, yes; Cristie
Nicklas, yes; Fred Walker, yes. Motion carried unanimously.
Bryant Gimlin moved that Case USR-1341,be forwarded to the Board of County Commissioners along with
the changes to the Conditions of Approval and Development Standards with the Planning Commissions
recommendation of approval. Arlan Marrs seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes; Arlan Marrs,yes; Michael Miller,excused;Jack Epple,no; Bryant Gimlin,yes; Cristie Nicklas,
yes; Fred Walker, yes. Motion carried.
CASE NUMBER: USR-1343
APPLICANT: Owens Brothers Concrete Company
PLANNER: Chris Gathman
REQUEST: Special use Permit for Sand and Gravel Mining/Aggregate Processing /Concrete Batch
Plant.
LEGAL DESCRIPTION: S2SW4, W2SE4, and NE4 of Section 28, T3N, R67W of the 6th P.M.,
Weld County, Colorado.
LOCATION: North of and adjacent to WCR 28, approximately 1/4 mile west of WCR 19.
Chris Gathman,Department of Planning Services,presented Case USR-1343,reading the recommendation
and comments into the record. The Department of Planning Services is recommending approval of this
application along with the Conditions of Approval and Development Standards. Mr.Gathman said that the
applicants are at this time withdrawing the concrete batch plant, and will amend the permit in the future if
they choose to do this.
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