HomeMy WebLinkAbout20002268.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephen Mokray that the following resolution be introduced tor 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: AmUSR-927
APPLICANT: Hall-Irwin Construction Company
ADDRESS: c/o Jeff Gregg, 3026 Fourth Avenue, Greeley, CO 80631
REQUEST: An Amendment to a Site Specific Development Plan and a Special Review Permit for a
Gravel Mining Operation in the Agricultural Zone District
LEGAL DESCRIPTION: Part of the NE4 SE4and part of the SE4 NE4 of Section 31, Township 6
North, Range 66 West of the 6th P.M., Weld County, Colorado
LOCATION: North of and adjacent to WCR 62.25; West of and adjacent to WCR 27 (83fd Av)
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:' 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 --This proposal is consistent with the Weld County Comprehensive Pan.
The intent of this proposal is to amend out sixteen(16)acres more or less that has not been
utilized by the existing Gravel Mining Operation. 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 district in which the
USE is located. 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. Further, the Weld County Planning Commission and the Board of :ounty
Commissioners approved USR 927 on February 27, 1991.
c. Section 24.3.1.3 --That the USES which would be permitted will be compatible with the
existing surrounding land USES.Surrounding land uses include agricultural landsw th Lira'
residential development, gravel pits and a mining operation, the Cache La Poudre River
to the north, a second asphalt and concrete batch plant to the northeast, and bottom land
to the southeast. The Poudre River trail traverses the amended parcel north of WCR 62 25
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 uses which would 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 the comprehensive plan or master plans of affected munici-
EXHIBIT
2000-2268
. ''27
RESOLUTION, AmUSR-927
Hall-Irwin Construction Company
Page 2
palities. The subject parcel is located within the City of Greeley's Long Range Expected
Growth Area(LREGA),and is also directly adjacent to the City's municipal boundaries.The
City of Greeley has reviewed this application and finds the proposed use complies with the
policies and intent of the City of Greeley's Long Range Expected Growth Area Plan and the
City of Greeley's Comprehensive Plan.
e. Section 24.3.1.5---A majority of the site is located within the Flood Hazard Overlay District
area as shown on FEMA Panel Map numbers 080266 0609 D. Conditions of Approval and
Development Standards address the issue of the floodplain. CM.Policy 5.4 of tie
Comprehensive Plan states "the operation will comply with the County flood hazard
regulations...."
f. Section 24.3.1.6 --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 the.: limits the
agricultural productiveness of the site. Further,the site is an active gravel mining operation
(USR 927).
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 the health, safety and welfare of the
inhabitants of the neighborhood and the 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 anc 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. (Department
of Planning Services)
2. The applicant shall adhere to the Conditions of Approval and Development Standards for the
Special Review Permit under USR 927 and AmUSR 927, as applicable. (Department of Planning)
3. All operations on said described parcel shall be in conformance with the Weld County Food
Regulations, including:
A. To fill, berms or stockpiles shall be placed in the one hundred (100)year flood plain on the
Cache La Poudre River that would obstruct passage of flood waters. (Department of
Planning)
B. All fuel tanks, septic tanks, temporary buildings and any other hazardous itens that
might wash away during flooding shall be securely anchored and adequate y food
proofed to avoid creation of a health hazard. Following completion of miring, all
temporary buildings shall be removed. (Department of Planning)
RESOLUTION, AmUSR-927
Hall-Irwin Construction Company
Page 3
4. Prior to recording the plat:
A. Any existing NPDES Permit shall be appropriately amended by the Water Quality Control
Division of the Colorado Department of Health. (Health Department).
B. Any existing emission permit shall be amended from the Air Pollution Control Division of the
Colorado Department of Public Health for emissions from the mining operations. If the
Colorado Department of Health determines the 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. The site shall operate in accordance with all
applicable rules and regulations of the Air Pollution Control Division. (Health Department(.
C. A complete traffic impact study is required for all new gravel pits. Since this pit is within Iwo
(2) miles of a state highway, this study must be acceptable to the Colorado Department of
Transportation Traffic Section. This study is underway and will be submitted to CDOT by
September 1,2000. Evidence of compliance with CDOTs requirements shall be submitted
to the Department of Planning Services for review and approval.
5. The Plat shall be amended to delineate the following:
A. Weld County Road 27 is designated on the Weld County Transportation Plan Map as an
Arterial road,which requires one hundred(100)feet of right-of-way at full build out.The City
of Greeley has designated this road as a Major Arterial requiring one hundred fifty(150)feet
of right-of-way at full build out. There is presently sixty (60)feet of right-of-way. A total of
seventy-five (75) feet from the centerline of Weld County Road 27 shall be delineated on
the plat as right-of-way reservation for future expansion of Weld County Road 27 This road
is maintained by Weld County.
B. Weld County Road 62.25 is designated on the Weld County Transportation Plan Map as
a local gravel road, which requires sixty (60) feet of right-of-way at full build out. Tie City
of Greeley has designated this road as a Major Collector requiring eighty(80)feet of right-
of-way at full build out. There is presently sixty(60)feet of right-of-way. A total of fo-ty(40)
feet from the centerline of Weld County Road 62.25 shall be delineated on the plat as right-
of-way reservation for future expansion of Weld County Road 62.25. This ioac is
maintained by Weld County.
Motion seconded by Michael Miller.
VOTE:
For Passage Against Passage Absent
Cristie Nickles Fred Walker
John Folsom Arlan Marrs
Michael Miller
Bryant Gimlin
Jack Epple
Stephen Mokray
Cathy Clamp
RESOLUTION, AmUSR-927
Hall-Irwin Construction Company
Page 4
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 September 5, 2000.
Dated the 511' of September, 2000.
— . \�
Hw1
Trisha Swanson
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Hall Irwin Construction Company
AmUSR 927
1. The amended Site Specific Development Plan and Special Use Permit is for a Gravel Mining
Operation in the Agricultural Zone District, as indicated in the application materials on file in the
Department of Planning Services 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 90 of the Weld County
Zoning Ordinance, as amended. (Department of Planning Services)
3. The open-pit gravel operation shall comply with the operation policies identified in Section 44.4 of
the Weld County Zoning Ordinance. Any violation of these regulations shall be grounds for
cancellation of the permit. (Department of Planning Services)
4. All liquid and solid wastes, shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Department of Public Health & Environment)
5. Required Emissions Permit is obtained from the Air Pollution Control Division,Colorado Department
of Public health for fugitive dust and odors. (Department of Planning Services)
6. No permanent disposal of wastes shall be permitted at this site (Department of Public Health &
Environment)
7. The septic system for the proposed office is required to be designed by a Colorado Reg stered
profession Engineer according to the Weld County Individual Sewage Disposal Regclations
(I.S.D.S.). (Department of Public Health & Environment)
8. An I.S.D.S. evaluation on all existing septic systems will be necessary prior to issuing the required
septic permits on the existing systems. (Department of Public Health & Environment)
9. All 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)
10. Fugitive dust shall be controlled on this site. (Department of Public Health & Environment)
11. Required NPDES Permit shall be obtained from the Water Quality Control Division of the Colorado
Division of Health, and/or amended if appropriate for the [decrease] in operation. (Department of
Public Health & Environment)
12. The Division requires that this facility provide restrooms and/or vaulted toilets. Portable toi ets are
not acceptable under the Weld county Regulations. (Department of Public Health& Environment)
13. The maximum permissible noise level shall not exceed the Industrial limit as measured accorcling
to 25-12-103, Colorado Revised Statutes. (Department of Public Health & Environment)
14. All construction on the property shall be in accordance with the Weld County Building Code
Ordinance. (Department of Planning Services)
15. The property owner or operator shall be responsible for complying with the Design Stancards of
Section 24.5 of the Weld County Zoning Ordinance.
16. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 24.6 of the Weld County Zoning Ordinance.
17. 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.
18. 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.
19. 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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