HomeMy WebLinkAbout20001450.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 with changes to the Condition of Approval #3.E.1
and the deletion of Condition of Approval#3.A with subsequent renumbering 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-840 •
APPLICANT: Andesite Rock Company.
ADDRESS: 7321 East 88th Avenue, Suite 200, Henderson, CO 80640
REQUEST: An amendment to a Site Specific Development Plan and a Special Review Permit for
Gravel Mining in the Agricultural Zone District.
LEGAL DESCRIPTION: E2 E2 of Section 27, Township 11 North, Range 67 West of the 6th
P.M., Weld County, Colorado
LOCATION: South of and adjacent to WCR 126; north of and adjacent to WCR 124; east of et n d
adjacent to the Union Pacific Railroad track
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 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 Agricultural Zone District. Further,
the Weld County Planning Commission and the Board of County Commissioners approved
USR-840 in August 1988.
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,
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 one-half(A) mile of the unincorporated Town of Carr.
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RESOLUTION, AmUSR-840
Andesite Rock Company
Page 2
e. Section 24.3.1.5--The site is not located within any Flood Hazard Overlay District area as
delineated on FEMA Panel Map numbers 080266 00025 C and 080266 0175 C.
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. The
parcel is designated as High Potential Dryland and "Irrigated Land (Not Prime.)" None of
the subject parcel is identified as"Prime"agricultural land. The area has historically been
utilized as pasture land and dryland agriculture.
g. Section 24.3.1.7 -The Design Standards (Section 24.5 of the Weld County Zoning
Ordinance), 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 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 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-840 and AmUSR-840, as applicable. (Department
of Planning)
3. Prior to recording the plat:
A. The applicant shall amend the plat to delineate the extent of the northern
AmUSR boundary is located adjacent to the south right-of-way of WCR 126.
(Department of Planning)
B. The applicant shall enter into a Road Maintenance and Improvements Agreement
for heavy hauling on WCR 126. The applicant shall supply the type, size, and
weight of vehicles that will access the site and how often these vehicles will use the
site. (Department of Public Works)
C. The plat shall be amended to delineate additional right-of-way as noted: WCR 126
is designated on the Weld County Transportation Plan Map as a collector status
road requiring 80 feet of right-of-way at full build out. There is presently 60 feet of
right-of-way. A total of 40 feet from the centerline of Weld County Road 126 shall
be delineated on the plat as right-of-way reservation for future expansion of Weld
County Road 126.This road is maintained by Weld County. (Department of Public
Works)
D. The applicant shall post adequate collateral and enter into an Improvements
Agreement to include the following:
RESOLUTION, AmUSR-840
Andesite Rock Company
Page 3
1. Any road improvements that are required by CDOT and Weld County
Department of Public Works. (CDOT, Department of Public Works)
E. The existing NPDES Permit must be amended 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)
F. The existing Emission Permit must be modified for the increased operation
if the Colorado Department of Health and Environment determines that such
a modification represents a significant change in emissions or production.
(Department of Public Health & Environment)
G. A dust abatement plan shall be submitted to the Environmental Health Services,
Weld County Department of Public Health and Environment,for approval prior to
operation. Evidence of approval shall be submitted to the Department of Planning
Services'. (Department of Public Health & Environment)
H. The applicant shall submit a detailed landscaping and buffering plan identifying 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)
The applicant shall comply with all Federal and State regulations with regards to
endangered and threatened species as mandated by Colorado Division of Wildlife.
The applicant shall submit evidence to the Department of Planning Services' that
the conditions for site development have been met to the satisfaction of the
Colorado Division of Wildlife. (Department of Planning)
J. The applicant shall abandon the existing septic system according to Weld
County Individual Sewage Disposal Regulations. (Department of Public
Health & Environment)
K. The applicant shall obtain from the Department of Building Inspections a
Demolition Permit for the removal of the original farmstead and outbuildings.
(Departments of Building Inspections, Planning Services)
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)
Motion seconded by Michael Miller.
RESOLUTION, AmUSR-840
Andesite Rock Company
Page 4
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 June 6, 2000.
Dated the 6'h of of June, 2000.
IQL` ti �
Trisha Swanson
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Andesite Rock Company
AmUSR-840
1. The amended Site Specific Development Plan and Special Use Permit#840, is for Gravel Mining
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)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County
Zoning Ordinance. (Department of Planning)
3 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 t 'i at
protects against surface and groundwater contamination. (Department of Public Health &
Environment)
4. No permanent disposal of wastes shall be permitted at this site. (Department of Public Health &
Environment)
5. 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)
6. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in 25-12-103 C.R.S., as amended. (Department of Public Health & Environment)
7. Adequate toilet facilities shall be provided for the employees. (Department of Public Health &
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. (Department of Public
Health & Environment)
9. The facility shall utilize bottled drinking water for employees. (Department of Public Health
& Environment)
10. Fugitive dust shall be controlled on this site. (Department of Public Health & Environment)
11. The operation shall comply with the Mine Safety and Health Act (MSHA). (Department of
Public Health & Environment)
12. The operations shall comply with the Occupational Safety and Health Act(OSHA). (Department of
Public Health & Environment)
13. The facility shall operate in accordance with the approved dust abatement plan at all times. The
facility shall have sufficient equipment available to implements the dust control as required by Weld
County Department of Public Health&Environment. (Department of Public Health&Environment)
14. The site shall maintain compliance with all applicable rules and regulations of the Colorado
Division of Minerals and Geology. (Department of Public Health & Environment)
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. Proper building permits shall be obtained prior to any construction, demolition,or excavation Part
of the permit application process includes a complete plan review. (Building Inspection)
17. Building permits are required for construction trailers, scale houses, accessory buildings,
etc. (Building Inspection)
18. Electrical permits are required for all electrical work including electrical services for dewatering
pumps, rock crushers, construction trailers, scale houses, site lighting, etc. (Building Inspection)
19. 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.) (Building Inspection)
20. Site drawings shall be submitted to the Nunn Fire District. (Building Inspection)
21. Additional requirements or changes may be required when building applications or plans
are reviewed by the Weld County Building Inspection Department, the Nunn Fire District,
or other State agencies. (Building Inspection)
22. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly
identify the boundaries of the site. (Department of Planning)
23. All construction on the property shall be in accordance with the Weld County Building Code
Ordinance. (Department of Planning)
24. The landscaping on site shall be maintained in accordance with the approved landscaping plan.
(Department of Planning)
25. 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)
26. 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)
27. 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)
28. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the
reclaimed areas. (Department of Planning)
29. The sand and gravel operation shall comply with the operation policies identified in Section
44 of the Weld County Zoning Ordinance, as amended.
30. 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.
31. 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.
32. Personnel from the Weld County Department of Public Health & Environment and Weld County
Department of Planning Services'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.
33. 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 Board of County Commissioners 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.
34. 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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