HomeMy WebLinkAbout20010207 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Michael Miller that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
PLANNER: Kim Ogle
CASE NUMBER: 4th AmUSR-877
APPLICANT: CAMAS Colorado, Inc
ADDRESS: 3605 South Teller Street
Lakewood, CO 80235
REQUEST: An Amendment to a Site Specific Development Plan and a Special Review Permit for an
Asphalt and Concrete Batch Plant and Gravel Mining Operation in the Agricultural Zone
District
LEGAL DESCRIPTION: Parts of Section 7 & 8, and parts of Sections 17 & 18, Township 2 North,
Range 68 West of the 6th P.M., Weld County, Colorado
LOCATION: North of Weld County Road 20 %and south of State Highway 119, one mile west of Weld
County Road 7 and East of and adjacent to Weld County Road 1
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
Weld County Code and Section 23-4-250 Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-230.A and Section 23-4-250 Weld County Code as follows:
a. Section 23-2-220.A.1 Weld County Code -- This proposal is consistent with the Weld
County Comprehensive Plan. Section 22-5-80.B.1 Weld County Code states,"Promote the
reasonable and orderly development of mineral resources." Additionally, no prime farm
land will be taken out of production with this proposal.
b. Section 23-2-220.A.2 Weld County Code--This proposal is consistent with the intent of the
Agricultural Zone District. Section 23-3-40A.3 Weld County Code provides for mineral
resource developmentfacilities as a Use by Special Review in the Agricultural Zone District.
Further, the Weld County Planning Commission and the Board of County Commissioners
approved 3rd AmUSR-877 on October 28, 1998.
c. Section 23-2-220.A.3 Weld County Code -- The proposal will be compatible with existing
surrounding land uses which include agricultural, residential enclaves and commercial
activities, as well as other sand and gravel mining operations in the general area.
d. Section 23-2-220.A.4 Weld County Code -- The proposed uses will be compatible with
future development of the surrounding area as permitted by the Agricultural Zone District
and with the future development as projected by the Comprehensive Plan or Master Plan
of affected municipalities. The City of Longmont has reviewed this application and finds the
proposal lies within the referral area of Longmont and in an area that the City has a lease
agreement with the applicant. The City of Longmont has agreed to allow mining to proceed
in the amended areas as delineated in the supporting documentation.
= EXHIBIT
2001-0207
lzitkA re. 877
RESOLUTION, 4''AmUSR-877
Camas Colorado, Inc.
Page 2
Further,the subject property is within an area identified as the St.Vrain Valley Open Lands
and Trails project that would provide a link between the City of Longmont and Sandstone
Ranch PUD. Section 26-1-50.B.2.e Weld County Code states, "adequate pedestrian
passageways between and within developments and neighborhoods shall be encouraged."
Section 26-1-70.C.2 Weld County Code further states, "promote a pedestrian trial system
to service transportation and recreation purposes within the MUD."
e. Section 23-2-220.A.5 Weld County Code --The proposal is located within the Flood Hazard
Overlay District area as shown on FIRM Community Panel Map #080266-0850C dated
September 28, 1982 and is within the Mixed Use Development area. Conditions of
Approval and Development Standards address the issue of the flood plain. Section 22-5-
80.E.2.d Weld County Code states"the operation will comply with the County flood hazard
regulations...." Further, Section 22-2-230.F.2.1 Weld County Code of the Weld County
Comprehensive plan requires all new development to comply with the mineral resource
section of the plan that, as stated previously, Section 22-5-80.B.1 Weld County Code
promotes the reasonable and orderly development of mineral resources.
f. Section 23-2-220.A.6 Weld County Code--The applicant has demonstrated a diligent effort
to conserve prime agricultural land. The subject site has a limited amount of prime
agricultural land. A majority of the property lies within the one hundred (100) year flood
plain that limits the agricultural productiveness of the site. The area within the flood plain
has historically been utilized as pasture land.
g. 23-2-220.A.7 Weld County Code--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. Section 23-4-250.Weld County Code--Additional requirements for Open-mining have been
addressed through this application and the Development Standards will insure compliance
with Section 23-4-250 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 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 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 thirty (30) days of approval by the Board of
County Commissioners. (Department of Planning Services)
2. The Plat shall be amended to delineate the following:
A. Weld County Road (WCR)20.5 is designated on the 1-25 Mixed Use Development
Area Structural Plan Map 2.2,Structural Transportation Network,as an arterial four-
lane secondary road with painted medium, that requires one hundred (100) foot
right-of-way at full build out. There is presently sixty (60) feet of right-of-way. A
total of fifty (50) feet from the centerline of Weld County Road 20.5 shall be
delineated on the plat as right-of-way reservation for future expansion of Weld
County Road 20.5. This road is maintained by Weld County.
RESOLUTION, 4`"AmUSR-877
Camas Colorado, Inc.
Page 3
B. Weld County Road (WCR) 1 is designated on the 1-25 Mixed use Development
Area Structural Plan Map 2.2,Structural Transportation Network,as an arterial four-
lane secondary road with painted medium, that requires one hundred (100) foot
right-of-way at full build out. There is presently sixty (60) feet of right-of-way. A
total of fifty(50)feet from the centerline of Weld County Road 1 shall be delineated
on the plat as right-of-way reservation for future expansion of Weld County Road
1. In a referral received from the City of Longmont,the City states"...the Longmont
Area Comprehensive Plan (LACP)designates WCR 1 as an arterial requiring one
hundred twenty (120) feet of right-of-way at full build out." The City requests an
additional ten(10)feet of right-of-way be reserved for the future expansion of WCR
1.
C. In a referral received from the Weld County Long Range Planner and the City of
Longmont,the applicant shall reserve or dedicate a trail easement along the south
side of the St. Vrain River to accommodate the St. Vrain Valley Open Lands and
Trails project. This easement shall be located in the setback established with the
mining application along the south side of the St. Vrain River.
3. The applicant shall adhere to the Conditions of Approval and Development Standards for
the Special Review Permit under USR 877, 2ndAmUSR877 and 3rdAmUSR877, as
applicable. (Department of Planning Services)
4. Prior to recording the plat:
A. The applicant shall submit a Dust Abatement Plan to the Weld County Health
Department for review and approval. The facility shall have sufficient equipment
available to implement the dust control as required by the Weld County Health
Department. Evidence of Health Department approval shall be submitted to the
Department of Planning Services. (Department of Public Health & Environment)
B. The existing NPDES Permit must be amended for the increased operation if the
Water Quality Control Division of the Colorado Department of Public Health &
Environment determines that such modification represents a significant change in
the discharge into state waterways. (Department of Public Health &Environment)
C. The existing Emission Permit shall be modified for the increased operation if the
Colorado Department of Health determines such a modification represents a
significant change in emissions or production. If the Colorado Department of
Health determines the increased operation does not require a modification to the
existing Emission Permit, the applicant shall submit information to the Department
of Planning Services which indicates this. (Department of Public Health &
Environment)
D. If applicable,the applicant shall permit the existing septic systems. Environmental
Health Services Division was unable to locate septic permits for the septic systems
serving the existing homes. The systems will require an I.S.D.S. Evaluation prior
to the issuance of the required septic permit(s). The review shall consist of
observation of the system and an evaluation of the systems ability to handle the
proposed hydraulic load. In the event the system(s) are found to be inadequate,
the system(s) must be brought into compliance with current Individual Sewage
Disposal Regulations. (Department of Public Health & Environment)
RESOLUTION, 4'"AmUSR-877
Camas Colorado, Inc.
Page 4
E. The applicant shall apply and have approved a Flood Hazard Development Permit
for any structures located within the flood plain, if applicable for this amendment.
(Department of Planning Services)
F. The applicant shall submit to the Department of Planning Services that an
agreement has been reached with the Top Operating Company regarding oil and
gas operations.
G. The following notes shall be placed on the plat:
1) Mature trees on site shall not be disturbed to the greatest extent possible.
If the mature trees cannot be maintained, the applicant shall consult with
the Division of Wildlife and submit a replanting plan, approved by the
Division of Wildlife, to the Department of Planning Services. (Department
of Planning Services)
Motion seconded by Stephen Mokray.
VOTE:
For Passage Against Passage
Cristie Nicklas Cathy Clamp
Fred Walker
Arlan Marrs
John Folsom
Michael Miller
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.
CERTIFICATION OF COPY
I, Trisha Swanson, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on January 16, 2000.
Dated the 16th of January, 2000.
Trisha Swanson
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CAMAS COLORADO, INC.
FOURTH AMENDED USR#877
1. The Site Specific Development Plan and Fourth Amended Special Review Permit is for an Asphalt
and Concrete Batch Plant and Open Gravel Mining, in the Agricultural Zone District as submitted in
the application materials on file and subject to the Development Standards stated herein.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 Weld County
Code.
3. The open-pit gravel operation shall comply with the operation policies identified in Section 23-4-290.B
Weld County Code. Any violation of these regulations shall be grounds for the cancellation of the
Permit.
Should the operator wish to vary the hours of operation from the hours permitted per Section 23-4-
290.B Weld County Code,the operator/applicant shall submit a request to the Weld County Board of
County Commissioners for approval. (Department of Planning Services)
4. The property shall be maintained in compliance with Section 404 of the Clean Water Act. (Department
of Public Health & Environment)
5. All operations shall be in conformance with Section 23-2-480 Weld County Code 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. (Departments of Planning Services,Building Inspection)
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 Public Health & Environment)
6. Mature trees on site shall not be disturbed to the greatest extent possible. (Department of Planning
Services)
7. The applicant shall adhere to all legal load limits for any restricted bridges. (Department of Public
Works)
8. No new access points shall be allowed from the site to any Weld County roads. (Department of Public
Works)
9. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
101, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Department of Public Health & Environment)
10. No permanent disposal of wastes shall be permitted at this site. (Department of Public Health &
Environment)
11. 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&Environment)
12. The maximum permissible noise level shall not exceed the industrial limit of 80 db(A), as measured
according to 25-12-102, Colorado Revised Statutes. (Department of Public Health & Environment)
13. Adequate toilet facilities shall be provided for the employees. (Department of Public Health &
Environment)
14. 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&Environment)
15. Bottled water shall be supplied for drinking water on the site. (Department of Public Health &
Environment)
16. Fugitive dust shall be controlled on this site. (Department of Public Health & Environment)
17. The operation shall comply with the Mine Safety and Health Act(MSHA).(Department of Public Health
& Environment)
18. The operation shall comply with the Occupational Safety and Health Act (OSHA). (Department of
Public Health & Environment)
19. The facility shall operate in accordance with the approved dust abatement plan at all times. The
facility shall have sufficient equipment available to implement the dust control as required by the
Department of Public Health & Environment. (Department of Public Health & Environment)
20. The site shall maintain compliance with all applicable rules and regulations of the Colorado Division
of Mineral and Geology. (Department of Public Health & Environment)
21. Portable toilets may be utilized on sites which are temporary locations of the working face and
portable processing equipment, etc., for up to six months at each location. (Department of Public
Health & Environment)
22. If improvements are required at any State highway access, a State Highway Access Permit must be
obtained from the Department of Transportation. (CDOT)
23. The concrete batch plant and asphalt batch plant located on Third Amended USR#877 shall not be
located or operated concurrently with a concrete batch plant or asphalt batch plant located on USR
#1046. (Department of Planning Services)
24. All construction on the property shall be in accordance with the requirements of the Weld County
Building Code Ordinance. (Department of Building Inspection)
25. 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)
26. Tanks installed for flammable or combustible liquid storage or dispensing, either temporary or
permanent,shall be installed in accordance with the requirements of the Uniform Fire Code and plans
for the installation must be reviewed by the Fire District prior to installation. (Mountain View Fire
Protection District)
27. The applicant shall attempt to comply with all requirements of the Fire District. (Mountain View Fire
Protection District)
28. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240 Weld County Code.
29. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 Weld County Code.
30. Personnel from the Weld County Health Department and Weld County Department of 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 hereon and all
applicable Weld County regulations.
31. 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 Planning Commission 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.
32. 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.
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