HomeMy WebLinkAbout20011441.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Arlan Marrs that the following resolution be introduced for approval by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
PLANNER: Robert Anderson
CASE NUMBER: USR-1329
APPLICANT: Green/Croissant Sand and Gravel Mine
and Loveland Ready Mix Concrete Plant.
Post Office Box 299
Loveland, CO 80539-0299
REQUEST: A Site Specific Development Plan and a Special Review Permit for an Open Pit Gravel
Mining Operation and Concrete Batch Plant, in the A(Agricultural)Zone District.
LEGAL: Lot A of Recorded Exemption 134, being a part of the Northwest Quarter and part
of the Northeast Quarter, Section 30, Township 5 North, Range 67 West of the
611' Prime Meridian,Weld County, Colorado
LOCATION: South of and adjacent to Weld County Road 54 &West of and adjacent to 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 Chapter 23,Article
II, Division 4, Section 23-2-220 and Article IV, Division 4 of the Weld County Code.
2. It is the opinion of the Department of Planning Services's 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.B.1 (CM.Goal 2)states
"Promote the reasonable and orderly development of mineral resources." The proposed
Concrete Batch Plant will allow for the processing of extracted mineral resources. Section
22-5-80.D.2.e (CM. Policy 4.5) requires "that batch plants and processing equipment be
buffered from adjacent uses." The applicants propose the installation of berms,fencing and
landscaping along public rights-of-way of the site to provide buffering from existing uses
and adjacent property owners.
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.of the Weld County Code designates Open Pit Mining and
Materials Processing as well as Asphalt and Concrete Batch Plants as a Use by Special
Review in the A(Agricultural)Zone. District in accordance with Article II, Division 4 of the
Weld County Code.
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 in all cardinal directions are
predominantly agricultural in nature.The applicants are proposing to screen the facility with
six foot berms with landscaping and a four foot high opaque wooden fence parallel to Weld
County Roads 13 and 54 around the Batch Plant area. Surrounding property uses include
a rural residence to the north and a rural residence and tree farm to the west.
g EXHIBIT
2001-1441
RESOLUTION USR-1329
Green/Croissant Sand & Gravel Mine
and Loveland Ready Mix Concrete Plant
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, as well as the adopted Master Plans of affected
municipalities. The proposed use is located within the three-mile referral areas of the
Towns of Johnstown and Milliken.The referral response from the Town of Milliken indicated
no conflict with the proposed use and no referral response was received from the Town of
Johnstown.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V of the Weld
County Code.Section 22-5-80.E.1.d(CM. Policy 5.4)states"The operation should comply
with County flood hazard and geological hazard regulations."The proposed use lies within
a designated Flood Hazard Area as delineated on FIRM Panel Map#080266 0615C,dated
September 28, 1982. Development of the site 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. Section 22-2-60 (A.Goal
1) of the Weld County Code states "Preserve prime farmland for agricultural purposes
which foster the economic health and continuance of agriculture." The site is identified
primarily as "Irrigated Not Prime" and "Other" land by the USDA"Farmlands of National
Importance" 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 and Batch Plant Operations
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 Planning Commissions' recommendation for approval is conditional upon the following:
1. The attached Development Standards for the Special Review Permit shall be adopted and placed
on the Special Review Plat prior to recording the plat. The completed plat shall be delivered to the
Department of Planning Services and be ready for recording in the Weld County Clerk and
Recorder's Office within 60 days of approval by the Board of County Commissioners. (Dept. of
Planning Services)
2. Prior to scheduling the Board of County Commissioners Hearing:
A. The applicant has submitted a traffic study to the Weld County Department of Public Works
for review and approval.The Traffic study was deemed"not acceptable"by the Department
of Public Works in their referral dated April 6, 2001. Evidence of Public Works approval
shall be submitted to the Weld County Department of Planning Services when received by
the Applicant. The study shall include a description of the project, vehicle trip generation
RESOLUTION USR-1329
Green/Croissant Sand &Gravel Mine
and Loveland Ready Mix Concrete Plant
Page 3
and distribution,verification of adequate acceleration,deceleration and storage facilities at
all impacted intersections, review of bridge capacity, intersection level of service analysis
for existing and proposed conditions, recommendation for needed upgrades to
transportation infrastructure to support the development and any other requirements of the
Department of Public Works. In addition the revised traffic study will respond to the
Colorado Department of Transportation's query as to the impact on the 1-25 Exchange
specifically regarding the level of service at ramps and frontage roads. (Dept. of Public
Works, Colorado Department of Transportation)
B. The applicant shall submit to the Weld County Department of Planning Services a copy of
an agreement with the site's mineral owners stipulating that the oil and gas activities have
adequately been incorporated into the design of the site or show evidence that adequate
attempts have been made to mitigate the concerns of the mineral owners. (Dept. of
Planning Services)
C. The applicant shall submit a letter from the United States Department of the Interior, Fish
and Wildlife Services indicating if surveys will be required concerning protected or
endangered species (i.e. Preble's Jumping Mouse and Ute Ladies' Tresses Orchid). If a
survey is required, the survey will be conducted and submitted to the appropriate agencies
and the Department of Planning Services. Should protected or endangered species be
located on the site, the applicant shall incorporate mitigation techniques approved by the
U.S. Department of the Interior, Fish and Wildlife Services. (Dept. of Planning Services,
Colorado Division of Wildlife)
3. Prior to recording the Plat :
A. The applicant shall attempt to address the requirements and concerns (wetland/
development conflicts, setbacks, preservation of existing vegetation, and proposed
reclamation proposals) of the Colorado Department of Wildlife, as stated in the referral
response received 04/16/01. Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services. (Dept. of Planning Services, Colorado Division
of Wildlife)
B. 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 0615C, dated September 28, 1982. The
applicant shall obtain a Flood Hazard Development
Permit for any new structures including parking areas. (Dept. of Planning Services)
C. The applicant has indicated that the storm water drainage will be controlled on site by being
routed to the pit floors. All discharge points shall be designated on the plat, and the
appropriate routing to the Big Thompson River shall be indicated as well. This portion of
the permit falls under the jurisdiction of the State of Colorado as it discharges into waters
of the United States. (Dept. of Public Works)
D. The applicant shall enter into an Improvements Agreement for the upgrade and paving of
WCR 13 from the pit entrance North to WCR 54 and any additional intersection
improvements associated with the heavy hauling that may be identified in the traffic study.
(Dept. of Public Works)
E. The off street parking spaces at the main office parking lot including the access drive shall
be surfaced with asphalt, concrete, or equivalent and shall be graded to prevent drainage
problems. There is adequate sight distance in both directions at the proposed access point.
(Dept. of Public Works)
RESOLUTION USR-1329
Green/Croissant Sand &Gravel Mine
and Loveland Ready Mix Concrete Plant
Page 4
F. WCR 54 is designated on the Transportation Plan Map as a collector status road, which
requires an 80-foot right-of-way at full build out. There is presently a 60-foot right-of-way.
This road is maintained by Weld County. Pursuant to the definition of setback in the Weld
County Code,the required setback is measured from the future right-of-way line.Set backs
to the mining operation are measured from future right-of-way lines plus the standard set
back of 20 feet in an agricultural zone to the edge of the gravel pit berms, which is
considered a structure.The applicant shall amend the plats to reserve an additional 10 feet
of property parallel to the WCR 54 right-of-way for future build out as well as the 20 foot
setback required for mining operations. (Dept. of Public Works)
G. WCR 13 is designated on the Transportation Plan Map as a local gravel road, which
requires a 60-foot right-of-way at full build out. This road has been identified in the
Johnstown Comprehensive Plan Area as an arterial status road. The applicant shall
verify future right-of-way widths that would involve WCR 13 at this location with the Town
of Johnstown and provide evidence of such to the Departments of Planning Services and
Public Works. (Depts. of Public Works, Planning Services)
H. The Applicant shall 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 for emissions of criteria,hazardous or odorous air pollutants. Sources of such
emissions include but are not limited to the following: sandblasting operations, mining,
spray paint booths, dry cleaners, haul road traffic, composting, boilers and incinerators.
Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services. (Dept of Public Health & Environment)
The applicant shall submit a Dust Abatement Plan to the Environmental Health Services,
Weld County Department of Public Health& Environment,for approval prior to operation.
Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services. (Dept of Public Health & Environment)
J. The applicant shall provide evidence to the Departments of Planning Services and the
Public Health and Environment 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 Rules and Regulations of the Water Quality Control
Commission and the Environmental Protection Agency.
(Dept of Public Health & Environment)
K. 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.
Evidence of such shall be submitted in writing 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 (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).(Dept of Public Health&Environment)
RESOLUTION USR-1329
Green/Croissant Sand & Gravel Mine
and Loveland Ready Mix Concrete Plant
Page 5
L. The applicant shall provide evidence that the facility has obtained an adequate potable
water supply. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services.(Dept of Public Health & Environment)
M. The applicant shall enter into an Improvements Agreement according to Weld County Policy
regarding Collateral for Improvements and post adequate collateral for required off-site and
on-site improvements. The agreement and form of collateral shall be reviewed by County
Staff and accepted by the Board of County Commissioners prior to recording the plat.
(Dept. of Planning Services)
N. The applicant shall attempt to address the requirements of the Johnstown Fire Protection
District,as stated in their referral response dated April 4,2001. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. Site drawings
shall be submitted to the Johnstown Fire Protection District for review. (Johnstown Fire
Protection District, Dept. of Building Inspection)
O. The applicant shall attempt to address the requirements of the Larimer County Engineering
Department,as stated in their referral response received April 23,2001. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services. (Dept.
of Planning Services, Larimer County Engineering Dept.)
P. All septic systems located on the property shall have appropriate permits from the Weld
County Department of Public Health & Environment. The Environmental Health Division
of the Weld County Department of Public Health & Environment was unable to locate a
septic permit for the septic system serving the existing residential structure on the property.
Any existing septic system which is not currently permitted through the Weld County
Department of Public Health& Environment will require an I.S.D.S. Evaluation prior to the
issuance of the required septic permit. In the event the system is found to be
inadequate,the system must be brought into compliance with current I.S.D.S. regulations.
(Dept of Public Health & Environment)
4. Prior to Commencing Operations:
A. The upgrade and paving of WCR 13 from the pit entrance North to WCR 54 and any
additional intersection improvements associated with the heavy hauling that may be
identified in the traffic study shall be completed and approved by the Department of Public
Works. (Dept. of Public Works)
B. Proper building permits shall be obtained in accordance with the referral response from the
Weld County Building Inspection Department dated March 28, 2001, prior to any
construction, demolition, or excavation. Part of the permit application process includes a
complete plan review. (Dept. of Building Inspection)
C. In their referral response dated March 27, 2001 the Office of the State Engineer, Division
of Water Resources declined to approve the proposed substitute water supply plan. The
applicant shall provide written evidence of the Division of Water Resources approval of the
Water Supply Plan for this site. (Dept. of Planning Services, Colorado Office of the State
Engineer, Division of Water Resources)
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.(Dept. of Planning Services)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Green/Croissant Sand and Gravel Mine
and Loveland Ready Mix Concrete Plant.
USR-1329
1. A Site Specific Development Plan and Special Use Permit for an Open Pit Gravel Mining Operation
and Concrete Batch Plant, in the A (Agricultural) Zone District as indicated in the application
materials on file with the Department of Planning Services and subject to the Development
Standards stated herein. (Dept. 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. (Dept. of Planning Services)
3. All operations on said described parcel shall be in conformance with the Weld County Flood
Regulations including:
a. No fill, berms,or stockpiles shall be placed in the one hundred(100)year flood plain of the
Big Thompson River which would obstruct passage of flood flows. (Dept. of Planning
Services)
b. All fuel tanks,septic tanks,temporary buildings,and any other hazardous items that might
wash away during flooding shall be securely anchored and adequately flood proofed to
avoid creation of a health hazard. Following completion of mining, all temporary buildings
shall be removed. (Dept. of Public Health and Environment)
lreN 4. The operation shall comply with all applicable rules and regulations of the Federal Emergency
Management Agency including a Letter of Map revision if determined to be applicable. (Dept. of
Planning Services)
5. 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. (Dept. of Public Health and
Environment)
6. 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. (Dept. of Public Health and Environment)
7. 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. (Dept. of Public Health and Environment)
8. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Dept. of Public Health and Environment)
9. Fugitive dust shall be controlled on this site. (Dept. of Public Health and Environment)
10. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone as delineated in 25-12-103 C.R.S. (Dept. of Public Health and Environment)
11. The applicant shall remove,handle,and stockpile overburden,soil,sand and gravel from the facility
area in a manner that will prevent nuisance conditions. (Dept. of Public Health and Environment)
12. The facility shall utilize the existing public water supply. (Dept. of Public Health and
Environment, Little Thompson Water District)
13. The operation shall comply with all applicable rules and regulations of the Colorado Division
of Minerals and Geology. (Dept. of Public Health and Environment)
14. An individual sewage disposal system is required for the proposed batch plant/office building 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. (Dept of Public Health & Environment)
15. The installation of the septic system shall comply with the Weld County I.S.D.S.flood plain policy.
(Dept of Public Health & Environment)
16. Portable toilets may be used on sites that are temporary locations of the working face and
portable processing equipment, etc. for up to six months at each location. (Dept. of Public
Health and Environment)
17. Adequate hand washing and toilet facilities shall be provided for employees. (Dept. of Public
Health and Environment)
18. The operation shall comply with the Occupational Safety and Health Act(OSHA). (Dept. of
Public Health and Environment)
19. The operation shall comply with the Mine Safety and Health Act(MSHA). (Dept. of Public
Health and Environment)
20. 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. (Dept. of
Public Health and Environment)
21. 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.
(Dept of Public Health & Environment)
22. Any berm placed in the one hundred (100) year flood plain of the Big Thompson River can not
obstruct passage of flood flows. The applicant shall use breaks in the berm with landscaping to fill
the void, culverts, or some other method that will allow water to flow freely. (Dept. of Planning
Services)
23. "No Trespassing"signs shall be posted and maintained on the perimeter fence to clearly identify the
boundaries of the site. (Dept. of Planning Services)
24. 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. (Dept. of Planning Services)
25. Section 23-4-290. B. of the Weld County Code limits the hours of operation for sand and gravel
operations to the hours of daylight except in the case of public or private emergency, or to make
necessary repairs to equipment. This restriction shall not apply to operation of administrative and
executive offices or repair facilities located on the property. Hours of operation may be extended
with specific permission from the Weld County Board of County Commissioners.(Dept.of Planning
Services)
25. 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. (Dept. of Planning Services)
27. Where topsoil is removed,sufficient arable soil shall be set aside for respreading over the reclaimed
areas. (Dept. of Planning Services)
28. 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 the Weld County Code. (Dept. of Public Works)
29. If any work associated with this project requires the placement of dredge 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 and ponds or wetlands at this site,the
Department of the Army,Corp of Engineers shall be notified 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. (U.S.Army Corp of Engineers)
30. The sand and gravel operation shall comply with operation policies identified in Section 23-4-290
of the Weld County Code.
31. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240 of the Weld County Code.
32. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 of the Weld County Code.
33. 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.
34. 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.
35. 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.
Motion seconded by Stephen Mokray.
VOTE:
For Passage Against Passage Absent
Cristie Nickles
Fred Walker
Arlan Man-s
Michael Miller
John Folsom
Cathy Clamp
Bryant Gimlin
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.
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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.
Dated the 1st f May , 001.
(it/Z{ nd
Vicki Hamilton
Secretary
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