HomeMy WebLinkAbout20003019.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COM- MISSPONGF$N : 37
Moved by Stephen Mokray that the following resolution with amendments to DevelopnpitStandt rds and
Conditions of Approval with subsequent renumbering be introduced for passage by tyre Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the applica-ion for:
Planner: Chris Gathman
Case Number: AmUSR-1125 I t-,
Applicant: Hall-Irwin Corporation •
Address: P.O. Box 519, Greeley, CO 80632
•
Request: A Site Specific Development Plan and Amended Use by Special Review Permit for pen
Cut Gravel Mining and Asphalt and Concrete Batch Plants and recycling plant is (A)
Agricultural zone district.
Legal Description: E2 SW4 Section 30 and NE4 NW4, Township 6 North, Range 66 West c the 6th
P.M., Weld County, CO.
Location: South of and adjacent to Weld County Road 641/2 and West of Weld County Road 27
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 wit 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 CountyZoning Ordinance provides for mineral resource
development facilities as a Use by Special Review in the A (Agricultural)Zone D strict.
C. Section 24.3.1.3 --That the proposal will be compatible with the existing surrounc ing land
uses. Surrounding land uses include pasture and cultivated fields to the north. east and
west and the Cache la Poudre river to the south. There are residences located to he east,
west, north and northwest of the proposed expansion area. Development standards will
help to ensure that the existing residences will be screened and buffered from the proposed
expansion sites and batch plant.
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 City
of Greeley, in their 8/24/00 referral, indicated that the proposal had no conflicts with their
interests and recommended approval subject to the applicants meeting the requ cements
of the Colorado Division of Wildlife. The City of Windsor, in their 9/8/00 referral, indicated
that the proposal had no conflicts with their interests as well.
FlEXHIBIT
2000-3019
RESOLUTION, AmUSR-1125
Hall-Irwin Corporation
Page 2
E. Section 24.3.1.5 --The majority of Parcel 2 and a portion of Parcel 1 (as indicated in the
proposed extraction plan) are located within the Flood Hazard Overlay District area as
shown on FIRM Panel Map 080266-0608D dated September 28, 1982. Conditions of
Approval and Development Standards address the issue of the floodplain. CM.Policy 5.4
of the Comprehensive Plan states "the operation will comply with County flood hazard
regulations". Flood Hazard Development Permit 378 is being processed by the Weld
County Department of Planning Services.
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"Prime" and "Irrigated Land
(Not Prime)". A portion of the property(a majority of parcel 1 and a portion of parcel 2 as
indicated on the proposed extraction plan) is located within the one-hundred (100) year
flood plain and thus it limits the agricultural productiveness of the site. Approximately the
northern 30-40 acres of Parcel 1 (just south of Weld County Road 641/2)are indicated as
irrigated crop land on the proposed reclamation plan.
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), Conditions of Approval, and Development Standards ensure that there are
adequate provisions for the protection of health,safety,and welfare of the inhabitants 01 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.
This application has been determined to be in compliance with the proposed Amendment 24 to the Colorado
Constitution of a new article XXVIII, as the development of land consistent with a valid development
application which had been filed as of September 13, 2000 pursuant to proposed Article XXVIII § 9 (2).
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 (Dept.
of Planning)
2. Prior to scheduling a Board of County Commissioners Hearing:
A. O.G.Policy 1 1 of the Weld County Comprehensive Plan states "new planned unit
developments or subdivisions should be planned to take into account current and future oil
and gas drilling activity to the extent oil and gas development can reasonably be
anticipated." 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 have adequately been incorporated into the design of the site or slow
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 letter from the United States Department of the Interior, =ish
and Wildlife Services indicating if surveys will be required for the Ute Ladies-tresses orchid.
If a survey is required the survey will be conducted and submitted to the Department of
Planning Services. (Dept. of Planning Services)
RESOLUTION, AmUSR-1125
Hall-Irwin Corporation
Page 3
C. The applicant shall submit a letter from the United States Department of the Interior, Fish
and Wildlife Services indicating if a trapping study is needed to determine the presence or
absence of the Preble's Meadow Jumping Mouse. if the Preble's Meadow Jumping Mouse
is found at the site, mitigation techniques approved by the United States Department of the
Interior, Fish and Wildlife Services shall be submitted to the Department of Planning
Services. (Dept. of Planning Services)
D. The applicant shall address the concerns of the representative of the property owner
adjacent to mining parcels 1 and 2 concerning the underground drain tiles. Evidence of
such shall be submitted in writing to the Department of Planning Services.
3. Prior to recording the plat:
A. 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 for the existing
residences to the north, northwest, west and the existing residence to the north of the
existing batch plant. The applicant shall also provide adequate screening and buffering
from Weld County Road 641/2 and 83'° Avenue. The applicant shall provide a berm or
other acceptable method of screening. Any berm placed in the one hundred (100) year
flood plain of the Cache la Poudre River can not obstruct passage of flood flows. --he
applicant shall use breaks in the berm with landscaping, to fill the void, culverts, or other
method shall be utilized to allow water to flow freely. (Dept. of Planning)
B. The applicant shall submit a revised Reclamation Plan to the Weld County Departrnert of
Planning Services for review and approval. The final ponds (ponds B-G on the proposed
reclamation plan) shall be reconfigured to obtain a more natural and free Flowing
appearance for the future residents of the area. (Dept. of Planning)
C. If there are any fueling operations proposed on site, applicants shall submit information for
review and approval by the Windsor-Severence Fire Protection District. Evidence of the
Windsor-Severence Fire Protection District shall be submitted to the Departmem of
Planning Services.(Windsor-Severence Fire District)
D. 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 a modification represents a significant change in discharge. Evidence
of the determination of the Water Quality Control Division of the Colorado Department of
Public Health & Environment shall be submitted to the Department of Planning Services.
(Dept. of Health & Environment)
E. The existing Emissions Permit must be modified for the increased operation if the the Air
Pollution Control Division of the Colorado Department of Public Health and Environment
determines that such a modification represents a significant change in emissions or
production. (Dept. of Public Health and Environment)
F. 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)
RESOLUTION, AmUSR-1125
Hall-Irwin Corporation
Page 4
G. The applicant shall provide evidence to the Department of Planning Services that all
requirements of the Colorado Geological Survey have been complied with. 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. (Deaf of
Planning)
H. The applicant shall meet with Diane Houghtaling of the Department of Public Wor,cs to
verify the location of the proposed reconfiguration of the curve on 83rd Avenue at W CR 64.5
to determine if the realignment would hit proposed pond "H" on the Reclamation Plan.
Evidence of this verification shall be submitted to the Department of Planning Sery ces.
(Dept. of Public Works)
Weld County Road 27 (83rd Avenue) is designated on the Weld County Transportation
Plan Map as an arterial status road requiring a 100-foot right-of-way at full build out. The
applicant shall reserve an additional 20-foot right-of-way adjacent to WCR 27. A total cf 50-
feet from the centerline of Weld County Road 27 Shall be delineated on the plat as right-of-
way for future expansion of Weld County Road 27. (Dept. of Public Works)
J. Weld County Road 64.5 is designated on the Weld County Transportation Plan Map as a
collector status road,which requires an 80-foot right-of-way at full build out. The applicant
shall reserve an additional 10-foot right-of-way adjacent to WCR 64.5. A total of 40-feet
from the centerline of Weld County Road 64.5 shall be delineated on the plat as right-of-
way for future expansion of Weld County Road 64.5. (Dept. of Public Works)
1. Prior to Construction:
A. 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)
B. Permits are required for all electrical work including electrical services for dewatering
pumps, rock crushers, construction trailers,site lighting, etc. (Dept. of Building Inspection)
C. 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)
D. Drawings for any building or related projects shall be submitted to the appropriate fire
district. (Dept. 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. (Dept. of Planning)
Motion seconded by Michael Miller.
RESOLUTION, AmUSR-1125
Hall-Irwin Corporation
Page 5
VOTE:
For Passage Against Passage Absent
Cristie Nickles Fred Walker
Arlan Marrs
John Folsom
Michael Miller
Bryant Gimlin
Jack Epple
Stephen Mokray
Cathy Clamp
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 19, 2000.
Dated the 19'" of September, 2000.
Trisha Swanson
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Hall-Irwin Construction Company
AmUSR-1125
1. The Amended Site Specific Development Plan and Use by Special Review Permit #1125 is for
Open Cut Gravel Mining and Asphalt, Recycling 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 Cot.my
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
Cache La Poudre 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 m ght
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 hcildi igs
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 dist,
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 as measured according
to 25-12-103, Colorado Revised Statutes. (Dept. of Public Health and Environment)
8. 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)
9 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. The facility shall utilize the exist septic system at the scale house. Portable toilets shall be used for
the processing area. (Dept. of Public Health and Environment)
12. Fugitive dust shall be controlled on the site. (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. The operation shall comply with the Occupational Safety and Health Act(OSHA). (Dept. of Public
Health and Environment)
16. The operation shall comply with the Mine Safety and Health Act(MSHA). (Dept.of Public Health and
Environment)
17. 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)
18. Proper building permits shall be obtained prior to any construction, demolition, or excavation. 'art
of the permit application process includes a complete plan review. (Dept. of Building Inspection)
19. Permits are required for all electrical work including electrical services for dewatering pumps, .-ock
crushers, construction trailers, site lighting, etc. (Dept. of Building Inspection)
20. All excavation shall meet the requirements of Appendix Chapter 33 of the 1997 Uniform t3uilding
Code. (Appropriate Colorado State agencies should be consulted for additional regulations or
requirements.) (Dept. of Building Inspection)
21. Drawings for any building or related projects shall be submitted to the appropriate fire district. (Dept.
of Building Inspection)
22. 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)
23. Lighting provided for security and emergency night operation on the site shall be designee so that
the lighting will not adversely affect surrounding property owners. (Dept. of Planning)
24. Setbacks shall be a minimum of 25' from all adjacent property lines and adjacent right-of-ways.
(Department of Planning Services)
25. Where topsoil is removed,sufficient arable soil shall be set aside for respreading over the reclaimed
areas.(Dept. of Planning)
26. 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)
27. No additional accesses shall be granted from Weld County Road 64.5 to the facility.(Dept.of Public
Works)
28. The sand and gravel operation shall comply with all operation policies identified in Section 44 o`the
Weld County Zoning Ordinance.
29. 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.
30. 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.
31. 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 ca vied
out on the property comply with the Development Standards stated herein and all applicable Weld
County Regulations.
32. 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 plars or
Development Standards as shown or stated shall require the approval of an amendment o 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.
33. 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.
Hello