HomeMy WebLinkAbout20000614 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bryant Gimlin that the following resolution with the addition of Condition of Approval#3P and the
requirement that a copy of all maps and documents discussed in the hearing be submitted to the Department
of Planning Services before the Board of County Commissioners hearing 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: AmUSR-897
APPLICANT: CAMAS, Colorado, Inc. /Tuttle-Applegate, Inc. ,
ADDRESS: 11990 Grant Street, Suite 304, Denver, CO 80233
REQUEST: An amendment to a Site Specific Development Plan and a Special Review Perrnit for a
Gravel Mining and Concrete and Asphalt Batch Plant in the A-Agricultural zone district.
LEGAL DESCRIPTION: Lot B of RE-1539, Pt. of the E2NE4 of Section 32, Township 6 North, Range
66 West and NW4NW4 of Section 33, Township 6 North, Range 66 West
and W2W2 of Section 33, Township 6 North, Range 66 West and E2E2 of
Section 32, Township 6 North, Range 66 West, and N2 of Section 32,
Township 6 North, Range 66 West and N2S2 of Section 32, Township 6
North, Range 66 West of the 6th P.M., Weld County, Colorado
LOCATION: East of and adjacent to WCR 27 (83rd Avenue); south of and adjacent to WCR 64("O"Street)
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 24.3 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 --This proposal is consistent with the Weld County Comprehensive Plan, as
amended. CM.Goal 2 states, "Promote the reasonable and orderly development of mineral
resources." The proposed use would be compatible with surrounding properties which
include agricultural uses to the east, west and north. 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 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.
Further, the Weld County Planning Commission and the Board of County Commissioners
approved USR-897 in March 1990.
c. Section 24.3.1.3 --That the proposal will be compatible with the existing surrounding land
uses. Surrounding land uses include agricultural lands with rural residential developments,
a dairy with bottom land pasture to the east; gravel pits and a concrete batch plant to the
west; and the Poudre River to the south. A new subdivision, Poudre River Rancn PUD is
EXHIBIT
3 2000-0614
Ami alkgr ICED&?'7
RESOLUTION, AmUSR-897
CAMAS, Colorado, Inc.
Page 2
immediately to the south of the Cache La Poudre River and within the City Limits for the City
of Greeley. 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 Plan of affected municipality. The subject
parcel is located within the City of Greeley's Urban Growth Boundary, and is adjacent to the
City of Greeley's corporate limits to the south of the subject parcel. 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 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 0608 D and 080266 0609 C.
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 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 that limits the agricultural
productiveness of the site. The area within the flood plain has historically been utilized as
pasture land.
g. Section 24.3.1.7-The Design Standards(Section 24.5 of the Weld County Zoning O.'dinance,
as amended), Operation Standards (Section 24.6 of the Weld County Zoning Ordirance, 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 Commisssion'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. (Department of Planning)
2. The applicant shall adhere to the Conditions of Approval and Development Standards for the Special
Review Permit under USR-897 and AmUSR-897, as applicable. (Department of Planning)
3. Prior to recording the plat:
A. The applicant shall submit an application for a Flood Hazard Development
Permit(FHDP).The FHDP shall be approved prior to the use occurring. (Department
of Planning)
RESOLUTION, AmUSR-897
CAMAS, Colorado, Inc.
Page 3
B. The plat shall be amended to demonstrate conformance with the Colorado
Division of Wildlife referral, received November 5, 1999. Further, the applicant shall
address the concerns of the Division of Wildlife, specific to riparian corridors, river
corridors and impact on wildlife, specifically any threatened or endangered species.
(Department of Planning)
C. The applicant shall attempt to address the concerns of the City of Greeley
referral, received November 18, 1999.
D. The applicant shall work with the Poudre River Trail Advisory Board for possible
future alignment of the trail. (Department of Planning)
E. The applicant shall provide evidence demonstrating that the Road Improvements
Agreement between Camas Colorado and Weld County (USR-897) is still in effect.
Further, a designated haul route was identified along with a commitment to install
acceleration and deceleration lanes adjacent to the main entrance off WCR 27 (83rd
Avenue). This item shall also be in effect and shall be incorporated into the
amendment to USR-897. (Department of Public Works)
F. The applicant shall attempt to align the main access to the subject parcel
with the entrance to the Hall-Irwin entrance, and this shall be delineated on
the plat. Acceleration and deceleration lanes shall be required onto WCR
27(83rd Avenue)as per the Improvements Agreement. (Department of Public Works)
G. The plat shall be amended to delineate additional right-of-way as noted: WCR 27
(83rd Avenue) is designated on the Weld County Transportation Plan Map as an
arterial road requiring one hundred (100) feet of right-of-way at full buildout. There
is presently sixty (60) feet of right-of-way. The plat shall delineate fifty (50) feet of
right-of way reservation from the centerline for the future expansion of WCR 27.
(Department of Public Works)
WCR 64 CO"Street) is designated on the Weld County Transportation Plan Map as
a collector status road requiring eighty (80)feet of right-of-way at full buildout. There
is presently sixty (60) feet of right-of-way. The plat shall delineate forty (40) feet of
right-of way reservation from the centerline for the future expansion of WCR 64.
(Department of Public Works)
WCR 29 (71st Avenue) has been identified by the City of Greeley as a major
collector road requiring eighty (80) feet of right-of-way at full buildout. There
is presently sixty (60) feet of right-of-way. The plat shall delineate '`orty (40)
feet of right-of way reservation from the centerline for the future expansion
of WCR 29. (Department of Public Works)
H. The applicant shall post adequate collateral and enter into an Improvements
Agreement to include the following:
1. Any required fencing, screening, or landscaping. (Department of Planning)
RESOLUTION, AmUSR-897
CAMAS, Colorado, Inc.
Page 4
The applicant shall submit an amended NPDES Permit for the increased operation
if the Water Quality Control Division of the Colorado Department of Public Health and
Environment determines that such a modification represents a significant change to
the discharge. Evidence of compliance shall be submitted to the Department of
Public Health and Environment and to the Department of Planning Services.
(Department of Public Health & Environment, Department of Planning)
J. Upon approval of the NPDES Permit, the applicant shall submit evidence of
Weld County Department of Public Health and Environment approval of the
storm water drainage plan to the Weld County Planning Department. (Department
of Planning)
K. The applicant shall modify the existing Air Pollution Emission Notice (A.P.E.N.) for
the increased operation if the Colorado Department of Health and Env.ronment
determines that such a modification represents a significant change in emissions or
production. (Department of Public Health & Environment)
L. The applicant shall submit a dust abatement plan to the Environmental Health
Services, Weld County Department of Public Health and Environment, for approval
prior to operation. The facility shall have sufficient equipment available to implement
the dust control as required by the Environmental Health Services. (Department of
Public Health & Environment)
M. Any existing septic system(s) which is not currently permitted through the
Weld county Department of Public Health and Environment, Environmental
Health Services will require an I.S.D.S. Evaluation prior to the issuance of
the required septic permit. (13254 WCR 64). The review shall consist of an
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 the current Individua Sewage
Disposal System regulations. In the event this system will be used for the employees,
the septic system 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. (Department of Public Health &
Environment)
N. The applicant shall submit a detailed landscaping and buffering plan iden':ifying the
number, size and species of landscaping materials/buffering materials to the
Department of Planning Services for review and approval. The plan shall include
sufficient buffering and screening between the proposed use and all existing homes
and public rights-of-way. (Department of Planning)
O. The applicant shall provide a site plan and construction plan for review to the
Windsor Severance Fire Protection District prior to construction. (Windsor
Severance Fire Protection District)
RESOLUTION, AmUSR-897
CAMAS, Colorado, Inc.
Page 5
P. The applicant shall submit a waste handling plan to the Environmental Health
Services Division of the Weld County Department of Public Health and Environment.
The plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this
should include expected volumes and types of wastes to be
generated).
2) A list of the type and volume and chimicals expected to be stored
on site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address and phone number).
4. 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)
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 to office of the Weld County Clerk
and Recorder. (Department of Planning)
Motion seconded by Stephen 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 tile 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
CAMAS Colorado, Inc.
AmUSR-897
1. The amended Site Specific Development Plan and Special Use Permit#897, is for a Gravel Mining
and Concrete and Asphalt Batch Plant in the A-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)
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)
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
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 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 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. (Health Department)
5. The applicant shall submit an itemized list of the names, amounts and quantities of all hazardous
chemicals and locations for storage to the Windsor Severance Fire Protection District prior to
materials being brought to the project site. (Windsor Severance Fire Protection District)
6. No permanent disposal of wastes shall be permitted at this site. (Health Department)
7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions. (Health Department)
8. 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 Department)
9. Adequate toilet facilities shall be provided for the employees. (Health Department)
10. In the event the applicant chooses to utilize a new individual sewage disposal system for the proposed
office facility, a new system shall be installed according to the Weld County Individual Sewage
Disposal Regulations. (Health Department)
11. The installation of the septic system shall comply with the Weld County I.S.D.S. flood plain
policy. (Health Department)
12. 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 Department)
13. The facility shall utilize the existing public water supply (Sharkstooth Pipeline).
14. The operation shall comply with all applicable rules and regulations of the Colorado Division
of Minerals and Geology. (Health Department)
15. If any work associated with this project required 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 the Army, 404 Clean Water Act permit. (Department of
Planning)
16. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly identify the
boundaries of the site. (Department of Planning)
17. All construction on the property shall be in accordance with the Weld county Building Code
Ordinance. (Department of Planning)
18. Fugitive dust shall be controlled on this site. (Health Department)
19. In the event that five(5) or more acres are disturbed during the construction and development of this
site, the applicant shall obtain a stormwater discharge permit from the Water Quality Control Division
of the Colorado Department of Public Health and Environment. (Health Department)
20. The operation shall comply with the Mine Safety and Health Act(MSHA). (Health Department)
21. The operations shall comply with the Occupational Safety and Health Act (OSHA). (Health
Department)
22. The landscaping on site shall be maintained in accordance with the approved landscaping plan.
(Department of Planning)
23. The access road shall be maintained by the operator and shall be provided with a surface so as to
provide all-weather driving capabilities. (Public Works)
24. As indicated in the application material, hours of operation will be two shifts during daylight hours,
Monday through Saturday. Hours of operation in the winter months (November through April) will be
7:00 am to 5:00 pm and in the summer months(May through October)will be 7:00 am to 7:00 pm with
limited hours of operation during the summer months. (Department of Planning)
25. Lighting provided for security and emergency night operation on the site shall be designed so that the
lighting will not adversely affect the surrounding property owners. (Department of Planning)
26. Existing trees, shrubs and ground cover along public road frontage and drainage ways shall
be preserved, maintained, and supplemented, if necessary, for the depth of the setback in
order to protect against and/or reduce noise, dust and erosion. (Department of Planning)
27. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the
reclaimed areas. (Department of Planning)
28. The sand and gravel operation shall comply with the operation policies identified in Section
44 of the Weld County Zoning Ordinance, as amended.
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 carried 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 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.
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