HomeMy WebLinkAbout20000566 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Christie Nicklas that the following resolution with the deletion of Condition of Approval #2B be
deleted and renumbered, the addition of Development Standard#30, with subsequent renumbering, and a
change to Development Standard#32 be introduced for passage by the Weld County Planning Commission.
Be it resolved by the Weld County Planning Commission that the application for:
PLANNER: Sheri Lockman -
H
CASE NUMBER: USR-1255
APPLICANT: L.G. Everist, Inc., Ft. Lupton Sand & Gravel Mine
ADDRESS: 7321 E. 88th Ave., Henderson, CO 80640
REQUEST: A Site Specific Development Plan and a Use by Special Review Permit for Open Cut Gravel
Mining and Asphalt and Concrete Batch Plants in the (A)Agricultural zone district.
LEGAL DESCRIPTION: S2 NW4 Section 30, Township 2 North, Range 66 West of the 6th P.M.,
Weld County, CO.
LOCATION: % mile south of Weld County Road 18 and % mile west of State Highway 85
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 24.7 and
Section 44 of the Weld County Zoning Ordinance, as amended.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
24.3 of the Weld County Zoning Ordinance, as amended, as follows:
a. Section 24.3.1.1 --That the proposal is consistent with the Weld County Comprehensive Plan,
as amended. CM.Goal 2 states, "Promote the reasonable and orderly development of mineral
resources."
b. Section 24.3.1.2--That the proposal is consistent with the intent of the A(Agricultural) Zone
District. Section 31.4.1 of the Weld County Zoning Ordinance provides for mineral resource
development facilities as a Use by Special Review in the A(Agricultural) Zone District.
c. Section 24.3.1.3 --That the proposal will be compatible with the existing surrounding land
uses. Surrounding land uses include residential uses to the north and east. Agricultural uses
surround the property in the form of cropland and pasture. Planning Staff concurs that, with
the endorsement of the conditions, as provided by staff, the approval of this use will not
jeopardize the health, safety and welfare of the surrounding property owners.
d. Section 24.3.1.4 --That the proposed use will be compatible with future development of the
surrounding area as permitted by the existing zoning and with the future development as
projected by the Comprehensive Plan or Master Plans of affected municipalities. The subject
parcel is located within the 3 mile referral area of the Town of Fort Lupton. The Town of Fort
Lupton did not respond to the referral request.
e. Section 24.3.1.5--The entire site is located within the Flood Hazard Overlay District area as
shown on FEMA Panel Map #080266 0868C. Conditions of Approval and Development
Standards address the issue of the floodplain. C u •• ' 4 •f t e Comprehensive Plan
EXHIBIT
2000-0566
USA#r 55 7,L/3910
RESOLUTION, USR-1255
L.G. Everist, Ft. Lupton Sand & Gravel Mine
Page 2
states "the operation will comply with County flood hazard regulations". Flood Hazard
Development Permit 355 is being processed by the Weld County Department of Planning
Services at this time.
f. Section 24.3.1.6 --That the applicant has demonstrated a diligent effort has been made to
conserve prime agricultural land. The parcel is designated as"Other"and"Irrigated Land (Not
Prime)". None of the subject parcel is identified as"Prime"agricultural land.All of the property
is located within the 100 year flood plain thus it limits the agricultural productiveness of the
site. The area has historically been utilized as pasture land.
g. Section 24.3.1.7 --The Design Standards (Section 24.5 of the Weld County Zoning
Ordinance, as amended), Operation Standards (Section 24.6 of the Weld County Zoning
Ordinance, as amended), Conditions of Approval, and Development Standards ensure that
there are adequate provisions for the protection of health, safety, and welfare of the
inhabitants of the neighborhood and county.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission's recommendation for approval is conditional upon the following:
1. The attached Development Standards for the Special Review Permit shall be adopted and placed on
the Special Review Plat prior to recording the 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 30 days of approval by the Board of County Commissioners. (Dept. of Planning)
2. Prior to recording the plat:
A. The applicant shall submit a landscaping plan identifying the number, size and species of all
plant material to the Weld County Planning Department for review and approval. This plan
shall include specifications of the proposed berm. The proposed berm will be extended to
mitigate impacts to those homes in the north east corner as well as the south east corner.
Any berm placed in the one hundred (100)year flood plain of the South Platte 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)
B. The Environmental Health Services Division was unable to locate septic permits for the septic
systems serving the existing employees. If these houses are occupied, the systems will
require an I.S.D.S. Evaluation prior to the issuance of the required septic permits(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) is found to be inadequate, the
system(s) must be brought into compliance with current Individual Sewage Disposal System
regulations. (Dept. of Public Health and Environment)
C. If the systems are used for employees for the proposed use, the septic system(s) shall be
reviewed by a Colorado Registered Professional Engineer. The review shall consist of
observation of the system and a technical review describing the systems ability to handle the
proposed hydraulic load.The review shall be submitted to the Environmental Health Services
Division of the Weld County Department of Public Health and Environment. In the event the
system is found to be inadequately sized or constructed, the system shall be brought into
compliance with current regulations. (Dept. of Public Health and Environment)
RESOLUTION, USR-1255
L.G. Everist, Ft. Lupton Sand &Gravel Mine
Page 3
D. The applicant shall submit a copy of an agreement with the property's mineral owners
stipulating that the oil and gas activities have adequately been incorporated into the design
of the site or that the applicant has made reasonable accommodations. (Dept. of Planning)
E. The applicant shall submit an NPDES Permit to the Water Quality Control Division of the
Colorado Department of Health for proposed discharge into State Waterways. Evidence of
approval shall be submitted to the Weld County Department of Planning. (Dept. of Public
Health and Environment)
F. An Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit shall be obtained from the
Air Pollution Control Division, Colorado Department of Public Health and Environment for
emissions from the mining operations. The site shall operate in accordance with all applicable
rules and regulations of the Air Pollution Control Division. (Dept. of Public Health and
Environment)
G. A dust abatement plan shall be submitted to Environmental Health Services, Weld County
Department of Public Health & Environment, for approval prior to operation. Evidence of
Health Department approval shall be submitted to the Department of Planning Services.
(Dept. of Public Health and Environment)
H. The applicant shall provide evidence to the Department of Planning Services that all
requirements of the Colorado Geological Survey have been complied with as stated in a
referral received January 13, 2000. This includes having either the Mined Land Reclamation
Board or the Department of Urban Drainage review the plan to evaluate what reinforcement
may be required during floods. (Dept. of Planning)
The applicant shall submit a signed copy of an agreement with the Lupton Bottom Ditch
Company regarding the relocation of the ditch. (Dept. of Planning)
J. The applicant shall submit a traffic impact study to the Weld County Department of Public
Works for review. All new residential development with an expected ADT>200 and all new
commercial developments will be required to submit a traffic study as part of the review
process. This study shall include a description of the project, vehicle trip generation 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 and recommendation for needed upgrades to transportation
infrastructure to support the development.
K. The applicant shall enter into a Road Maintenance and Improvements Agreement with Weld
County Department of Public Works for the designated haul route as they are impacting the
county road system. This route may affect US Highway 85 so the Colorado Department of
Transportation will review the Traffic Impact Study and determine upgrades or improvements
needed to utilize the intersection at US Highway 85 and Weld County Road 18.
L. The plat shall be amended to include the temporary access road which shall be a minimum
of 30 feet wide. The applicant is indicating a paved approach with a minimum width of 24 feet
to accommodate two-way traffic and a 40-foot turning radius. The length of the paved
approach shall be a minimum of 100 feet. The gate shall be recessed the length of a semi
tractor trailer. No staging or parking will be allowed on Weld County Road 18. The traffic
study will determine if accel-decel or left turn lanes shall be required at this location. The
remaining portion of the access road will be chemically treated for dust suppressant as
determined by the Health Department or the Public Works Department. The existing access
RESOLUTION, USR-1255
L.G. Everist, Ft. Lupton Sand & Gravel Mine
Page 4
is being used to accommodate a house and outbuildings which are not shown on the
reclamation plan. Additional information regarding the access easement shall be submitted
to the Weld County Department of Public Works. If the applicant plans to use the existing
easement to access the property or has plans to utilize the temporary access road. If the
new road is used, this creates a parcel split. Evidence of Weld County Department of Public
Works approval shall be submitted to the Weld County Department of Planning Services.
(Dept. of Public Works)
3. 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)
Motion seconded by.
VOTE:
For Passage Against Passage
Fred Walker
Cristie Nicklas
Arlan Marrs
John Folsom
Bruce Fitzgerald
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 February 15, 2000.
Dated the 15th of February, 2000.
Trisha Swanson
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
L.G. Everist- Ft. Lupton Sand & Gravel Mine
USR-1255
1. The Site Specific Development Plan and Use by Special Review Permit#1255 is for Open Cut Gravel
Mining and Asphalt and Concrete Batch Plants in the (A) Agricultural zone district as indicated in
application materials on file in the Department of Planning Services and subject to the Development
Standards stated herein. (Dept. of Planning)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County
Zoning Ordinance, as amended. (Dept. of Planning)
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
St. Vrain River which would obstruct passage of flood flows. (Dept. of Planning)
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 Planning)
4. 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. (Dept. of Public Health and Environment)
5. No permanent disposal of wastes shall be permitted at this site. (Dept. of Public Health and
Environment)
6. 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)
7. 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. (Dept. of Public Health and Environment)
8. Adequate toilet facilities shall be provided for the employees. (Dept. of Public Health and
Environment)
9. 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)
10. The installation of the septic system shall comply with the Weld County I.S.D.S. flood plain policy.
(Dept. of Public Health and Environment)
11. An individual sewage disposal system for the proposed office facility 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 and Environment)
12. The facility shall utilize bottled drinking water for employees. (Dept. of Public Health and Environment)
13. The site shall maintain compliance with all applicable rules and regulations of the Colorado Division
of Minerals & Geology. (Dept. of Public Health and Environment)
14. 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
applicant shall obtain a Department of Army, 404 Clean Water Act permit.(Dept. of Planning)
15. Fugitive dust shall be controlled on the site. (Dept. of Public Health and Environment)
16. "No Trespassing"signs shall be posted and maintained on the perimeter fence to clearly identify the
boundaries of the site. (Dept. of Planning)
17. The operation shall comply with the Occupational Safety and Health Act (OSHA). (Dept. of Public
Health and Environment)
18. The operation shall comply with the Mine Safety and Health Act(MSHA). (Dept. of Public Health and
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 Weld
County Health Dept. (Dept. of Public Health and Environment)
20. Proper building permits shall be obtained prior to any construction, demolition, or excavation. Part of
the permit application process includes a complete plan review. (Dept. of Building Inspection)
21. Permits are required for all electrical work including electrical services for dewatering pumps, rock
crushers, construction trailers, site lighting, etc. (Dept. of Building Inspection)
22. All excavation shall meet the requirements of Appendix Chapter 33 of the 1997 Uniform Building
Code. (Appropriate Colorado State agencies should be consulted for additional regulations or
requirements.) (Dept. of Building Inspection)
23. Drawings for any building or related projects shall be submitted to the appropriate fire district. (Dept.
of Building Inspection)
24. Additional requirements or changes may be required when building applications or plans are reviewed
by the Weld County Building Inspection Department, the Fire District, or other State agencies. (Dept.
of Building Inspection)
25. 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)
26. All fuel tanks, septic tanks, temporary buildings or any other hazardous items that may wash away
during flooding, shall be securely anchored and adequately flood-proofed to avoid creation of a flood
hazard. (Dept. of Planning)
27. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the reclaimed
areas.(Dept. of Planning)
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 Ordinance 169A. (Dept. of Public Works)
29. At the completion of mining the access road shall be restored to its existing state and be reseeded,
eliminating multiple accesses onto the Weld County collector status system. (Dept. of Public Works)
30. Hours of operation shall be extended to 24 hours per day with specific permission from the
Weld County Board of County Commissioners at a regular business meeting.
31. The sand and gravel operation shall comply with all operation policies identified in Section 44 of the
Weld County Zoning Ordinance, except for Section 44.4.2, which will shall comply with Development
Standard#30.
32. The property owner or operator shall be responsible for complying with the Design Standards of
Section 24.5 of the Weld County Zoning Ordinance, as amended.
33. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 24.6 of the Weld County Zoning Ordinance, as amended.
34. Personnel from the Weld County Health Department and Weld County Planning Department 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 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.
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.
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