HomeMy WebLinkAbout951296.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMI JON a
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RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIQ ERS
Moved by Ron Sommer that the following resolution, with changes to Development'ethndards 4 '
and 17, be introduced for passage by the Weld County Planning Commission. Be it resolved by
the Weld County Planning Commission. Be it resolved by the Weld County Planning
Commission that the application for:
CASE NUMBER: USR-1075
NAME: Rex Hiner
ADDRESS: 2220 "O" Street, Greeley, CO 80631
REQUEST: A Site Specific Development Plan and Special Review Permit for an asphalt and
concrete batch plant, an oil field construction business, and a recreational facility
in the A (Agricultural) zone district.
LEGAL DESCRIPTION: Located in the NW/4, Section 31, T6N, R65W of the 6th P.M.,
Weld County, Colorado.
LOCATION: South of and adjacent to "O" Street; west of and adjacent to 25th Avenue.
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 of the Weld County Zoning Ordinance.
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 follows:
- This proposal is consistent with the Weld County Comprehensive Plan
and is provided for as a Use by Special Review in the A (Agricultural)
zone district.
The proposed use will be compatible with the existing surrounding land uses and
with future development.
The site is within the Airport Overlay District and Flood Hazard Overlay District. The
concerns are addressed in the Development Standards.
- The applicant has demonstrated a diligent effort to conserve productive agricultural
land.
- The conditions of approval and development standards will ensure adequate
provision for the protection of the health, safety, and welfare of the inhabitants of the
neighborhood and County.
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RECOMMENDATION: USR-1075
Rex Hiner
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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 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 15 days of approval by the Board of County
Commissioners.
2. 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.
3. Permanent I.S.D.S. facilities must be provided for the recreation portion of the site. Vault
systems are acceptable. Portable sanitary toilets are acceptable for temporary use only.
Prior to recording the Plat:
a. The applicant shall complete a road access information sheet for the recreation
access and return it to the Weld County Department of Planning Services.
b. A NPDES Permit shall be obtained from the Water Quality Control Division of the
Colorado Department of Health for any proposed discharge into State Waterways.
c. A dust abatement plan shall be submitted to the Weld County Health Department for
approval prior to operation. The facility shall have sufficient equipment available to
implement the dust control as required by the Health Department.
d. An Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application must
be submitted to the Air Pollution Control Division, Colorado Department of Health for
emissions of criteria, hazardous or odorous air pollutants. Sources of such
emissions include but are not limited to the following: sandblasting operations,
mining, spray paint booths, dry cleaners, haul road traffic, composting, boilers and
incinerators.
e. Any existing septic system(s) which is not currently permitted through the Weld
County Health Department will require an I.S.D.S. Evaluation prior to the issuance of
the required septic permit(s). In the event the system(s) is found to be inadequate,
the system(s) must be brought into compliance with current I.S.D.S. regulations.
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RECOMMENDATION: USR-1075
Rex Hiner
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f. Any existing septic system(s) involved in a commercial endeavor (i.e. office, etc.) is
required to be reviewed by a Colorado Registered Professional Engineer and a copy
of that review submitted to the Weld County Environmental Protection Services,
before the required I.S.D.S. Evaluation can be performed.
The plat shall be amended to show the location of outdoor storage areas as
delineated on overhead A & B.
9.
h. A copy of the amended plat shall be delivered to the Department of Planning
Services for review and approval.
Motion seconded by Bud Clemons.
VOTE:
For Passage Against Passage
Ron Sommer
Curt Moore
Judy Yamaguchi
Jack Epple
Marie Koolstra
Bud Clemons
Richard Kimmel
The Chairman declared the resolution passed and ordered that a certified copy be forwarded
with the file of this case to the Board of County Commissioners for further proceedings.
CERTIFICATION OF COPY
I, Wendi 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 March 21, 1995.
Dated the 21st of March, 1995.
Wendi Swanson
Secretary
951296
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Rex Hiner
USR-1075
1. The Site Specific Development Plan and Special Review permit is for an asphalt and
concrete batch plant, an oil field construction business, and a recreational facility in the A
(Agricultural) zone district.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the
Weld County Zoning Ordinance.
3. All liquid and solid wastes shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
4. No permanent disposal of wastes shall be permitted at this site.
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
6. The maximum permissible noise level shall not exceed the light industrial limit of 70
db(A), as measured according to 25-12-102, Colorado Revised Statutes.
7. Portable toilets will be allowed for use in the recreational area.
8. All construction on the property shall be in accordance with the requirements of the Weld
County Building Code Ordinance.
9. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
10. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
11. The Special Use Permit area shall be maintained in such a manner so as to prevent soil
erosion, fugitive dust, and the growth of noxious weeds. The site shall be maintained in
such a manner as to present a neat and well kept appearance.
12. All phases of the operation shall comply with all County and State Health Standards and
Regulations pertaining to air quality, water quality, odor, noise emission, and sanitary
disposal systems. The applicant shall be responsible for adhering to the provisions of the
Colorado Air Pollution Control Regulations.
13. Access to the Asphalt and Concrete Batch Plants shall be from Weld County
Road 64. No access to the batch plant shall be allowed from Weld County Road
35.5 (North 25th Avenue).
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DEVELOPMENT STANDARDS, USR-1075
Rex Hiner
Page 2
14. Outdoor storage shall be limited to the areas as delineated on overhead A & B.
15. RV's shall not be stored on site during off season of the water sports and recreational
activities.
16. Any operations of the gravel pit and batch plants should not obstruct the passage of the
100 year flood flows to the point that it has any adverse effects on others. This provision
prohibits locating dikes and stockpiles in a manner which forces floodflows to alter their
normal course.
17. Any storage on site shall be located outside the 100 year floodplain or, be securely
anchored and adequately floodproofed in accordance with the Weld County Flood Hazard
Overlay District Regulations.
18. All batch plants shall be operated during the hour of daylight except in the case of public
or private emergency or to make necessary repairs to equipment. This restriction shall
not apply to the operation of administrative and executive offices or repair facilities
located on the property.
19. The property shall be maintained in compliance with the Airport Overlay District at all
times.
20. Erosion control and stabilization efforts shall be maintained along the shorelines of the
lakes.
21. Personnel from the Weld County Health Department 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 hereon and all applicable Weld County Regulations.
22. The Special Review area shall be limited to the plans shown hereon and governed by the
foregoing Standards and all applicable Weld County Regulations. Major 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 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.
23. 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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