HomeMy WebLinkAbout20000189.tiff 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 removal of Planning staff recommendation
#2 C be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld
County Planning Commission that the application for: _
PLANNER: Anne Best Johnson
CASE NUMBER: AmUSR-1172
•
APPLICANT: Halll-Irwin/TuttleApplegate, Inc.
ADDRESS: 3026 4th Avenue, Greeley, CO 80631
REQUEST: An amendment to a Site Specific Development Plan and a Special Review Permit to include
the sale of landscape materials from a site permitted for a Sand and Gravel Mining
Operation in the (A)Agricultural zone district.
LEGAL DESCRIPTION: Section 36, Township 1 North, Range 67 West of the 6th P.M., Weld
County, CO
LOCATION: North of and adjacent to WCR 2; approximately 1/8 mile east of WCR 23-1/2.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. 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. A. Goal 2 states, "Allow commercial and industrial uses which are directly related to
or dependent upon agriculture to locate within Agricultural zoning when the impact to surrounding
properties is minimal, and where adequate services and infrastructure are available." This is an
amendment to an existing USR for a gravel mining operation.
b. Section 24.3.1.2--That the proposal is consistent with the intent of the Agricultural district. Section
31.4.21 of the Weld County Zoning Ordinance states that"Uses similar to the uses listed above
as Uses by Special Review as long as the Use complies with the general intent of the Agricultural
District." Planning Commission and Board of County Commission members permitted USR-1172
to take place in the Agricultural Zone District in 1998. The amendment to include the sale of
landscape materials compliments the existing permitted use.
c. Section 24.3.1.3 --That the proposal will be compatible with the existing surrounding land uses.
Surrounding land uses include two residences to the west, residential uses and the South Plate
River to the east, pasture land to the north, Adams County and sand and gravel mining to tie
south. Adams County reviewed USR-1172 and was provided an opportunity to respond to this
amendment application.
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: This amendment is an
expansion of the use permitted through USR-1172.
I4. EXHIBIT 2000-0189
HMVSt 4r InZ ��'/x'35
RESOLUTION, AmUSR1172
Hall-Irwin Construction
Page 2
e. Section 24.3.1.5--That the application complies with the Weld County Zoning Ordinance, Section
50,Overlay District Regulations if the proposal is located within the Overlay District Areas identified
by maps officially adopted by the County: The subject site is located in the Flood Hazard Overlay
District Area as identified on FIRM Community Panel maps#080266 0995C and#080266 0983C
dated September 28, 1982. Development Standards and Conditions of Approval address this
issue.
f. Section 24.3.1.6--That if the use is proposed to be located in the A(Agricultural) District, that the
applicant has demonstrated a diligent effort has been made to conserve Prime Farm Land in the
locational decision for the proposed use: This amendment site does not rest on land classified
as Prime Farm Land.
g. Section 24.3.1.7 - - That there is adequate provision for the protection of the health, safety and
welfare of the inhabitants of the Neighborhood and the County: The Department of Planning
Services has incorporated referral responses into Conditions of Approval and Development
Standards that will mitigate negative impacts to 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 agencies
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. (Planning Dept.)
2. Prior to recording the plat:
A. The plat shall be amended to include all development standards for USR-1172 on the plat for
AmUSR-1172. (Planning Services).
B. The applicant shall apply for and be granted a flood hazard development permit with the Weld
County Department of Planning Services for this amended use. (Planning Dept.).
C. The applicant shall use the existing trailer for bathroom facilities. This trailer is located 100 feet
from the proposed trailer location. The plat shall be amended to illustrate this change. (Planning
Service and Health Dept.).
D. The existing septic system for the existing trailer shall be reviewed by a Colorado Registered
Engineer. The review shall consist of an observation of the system and a technical review
describing the system 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. (Health Dept.).
E. The operator shall submit a dust abatement plan for approval to both the Weld County
Departments of Health and Planning Services. (Health Dept.).
F. All storm water drainage shall flow north toward the pit and into the dewatering trenches. (Public
Works).
RESOLUTION, AmUSR1172
Hall-Irwin Construction
Page 3
G. Weld County Road (WCR) 2 is designated as an arterial roadway. Access to the amended site
shall be from WCR 2 (168th Avenue)to the existing Hall-Irwin Sand and Gravel mining Operation.
No additional accesses will be granted to WCR 2. (Public Works).
H. Additional parking areas shall be provided to accommodate the landscape materials sales. The
plat shall be amended to show all parking areas. (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. (Planning Dept.)
Motion seconded by Stephan Mokray.
VOTE:
For Passage Against Passage
Fred Walker
Cristie Nicklas
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 December 21, 1999.
Dated the 21st of cember, 1999.
Trisha Swanson
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Hall-Irwin
AmUSR-1172
1. The amended Site Specific Development Plan and Special Use Permit #1172 is for the sale of
landscape materials from a site permitted for a Sand and Gravel Mining Operation 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. (Planning Dept.)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County
Zoning Ordinance, as amended. (Planning Dept.)
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 South
Platte River which would obstruct passage of flood flows. (Planning Dept.)
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.
(Planning Dept.)
4. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. All liquid and solid wastes (as defined in the Solid
Waste Disposal Sites and Facilities Actr, 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. (Health
Dept.)
5. No permanent disposal of wastes shall be permitted at this site. (Health Dept.)
6. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Health Dept.)
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. (Health Dept.)
8. An NPDES Permit shall be obtained from the Water Quality Control Division of the Colorado
Department of Health for any proposed discharge into State Waterways. (Health Dept.)
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. (Health Dept.)
10. An Air Pollution Emission Notice and emission permit shall be obtained from the Air Pollution
Control Division of the Colorado Department of Public Health for emissions from the mining
operations. The site shall operate in accordance with all applicable rules and regulations of the
Air Pollution Control Division. (Health Dept.)
11. No permanent structures are proposed for this site. 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. (Health Dept.).
12. The facility shall utilize bottled water for the employees and public. (Health Dept.).
13. The facility must comply with the rules and regulations of the Colorado Division of Minerals and
Geology. (Health Dept.).
14. Adequate toilet facilities shall be provided for the employees and customers. (Health Dept.).
15. An individual sewage disposal system is required for the proposed facility 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. (Health Dept.).
16. The installation of the septic system shall comply with the Weld County I.S.D.S floodplain policy.
(Health Dept.)
17. The installation of any septic system within the 100-year floodplain shall comply with the Weld County
I.S.D.S. flood plain policy. In accordance with the Colorado I.S.D.S. Regulations, no septic systems
shall be installed within the floodway. (Health Dept.)
18. No parking or staging of vehicles shall be allowed on the existing access road to the sand and
gravel operation adjacent to the amended landscaping material area. The designated parking
area is the only parking area to be utilized. (Public Works).
19. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly identify the
boundaries of the site. (Planning Dept.)
20. All construction for temporary and permanent structures on the property shall be in accordance with
the Weld County Building Code Ordinance. (Planning Dept.)
21. As indicated in the application material hours of operation shall start at 6:30 a.m. and cease at 5:30
p.m. Monday through Saturday. (Planning Dept.)
22. 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. (Planning Dept.)
23. 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. (Public Works)
24. 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
U.S. Army Corps of Engineers , Omaha District shall be contacted 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. (US Army Corps of Engineers).
25. The sand and gravel operation and the landscape materials operation shall comply with all operation
policies identified in Section 44 of the Weld County Zoning Ordinance except 44.4.2 regarding hours
of operation which shall comply with Development Standard 21.
26. 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.
27. 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.
28. 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.
29. 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.
30. 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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