HomeMy WebLinkAbout962338.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jack Epple that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: Am USR-397 ,J� ; ' ._
NAME: Boulder Creek Estates, LLC J
7
ADDRESS. 3715 Brighton Blvd., Denver, CO 80216
PLANNER. Todd A. Hodges
REQUEST. A Site Specific Development Plan and Special Review Permit for an open-pit sand and gravel
mining operation and materials conveyance as submitted in the application materials in the
A(Agricultural)zone district.
LEGAL DESCRIPTION: Located in Section 9, T2N, R68W of the 6th P.M., Weld County, Colorado
LOCATION: South of and adjacent to State Highway 119; west of and adjacent to Weld County Road 7.
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 with Section
24 3 of the Weld County Zoning Ordinance, as amended, as follows:
a. This proposal is consistent with the Weld County Comprehensive Plan, as amended, Natural
Resources and Transportation Goals and Policies.
CM. Goal 2 states, "Promote the reasonable and orderly development of mineral resources."
This proposal encourages the extraction of mineral resources prior to any development on
the site and is located on an existing gravel mining operation.
b. The proposal is consistent with the intent of the Agricultural Zone District and is provided for
as a Use by Special Review.
A.Goal 5 states, "The extraction of mineral and oil and gas resources should preserve or
minimize the impact on prime agricultural land." This proposal is an amendment to existing
Special Use Permit 397 which includes the conveyance of materials under SH 119 to USR-
1132 for processing and sales.
c. The uses permitted will be compatible with the existing surrounding land uses and with the
future development of the surrounding areas as permitted by the Weld County
Comprehensive Plan, as amended. Surrounding land uses include a gravel operation to the
north, agriculture to the east, south, and west
d. Special Review Permit Development Standards will provide adequate protection of the health,
safety and welfare of the neighborhood and county
e Portions of the subject site are in the Flood Hazard Overlay District area. Development
Standards and Conditions of Approval address this issue.
962338
RESOLUTION, AmUSR-397
Boulder Creek LLC
Page 2
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. Prior to any activity in wetlands or streams the applicant shall contact the Department of the Army
Corps of Engineers.
4. The applicant shall apply for and obtain a Flood Hazard Development Permit for any use that lies in
the floodplain and is not currently permitted through an existing Flood Hazard Development Permit.
5. If the traffic volumes generated by this site have an increase of more than 20%from the previous
use at the connection to SH 119, the applicant shall contact the Colorado Department of
Transportation to re-evaluate the access.
6. Prior to recording the plat:
a. The applicant shall submit evidence to the Department of Planning Services that the
operation is insured to the extent of not less than $100,000.00 against liability for any
negligent act or omission by the operator from the operation or maintenance of the sand and
gravel pit and the extraction and production of sand and gravel and all activities connected
with or incidental thereto.
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. 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.
d. The operator shall submit a dust abatement plan to the Weld Count Health Department for
review and approval. A copy of the approved plan shall be submitted to the Department of
Planning Services.
7. An individual sewage disposal system shall be installed and/or maintained according to the Weld
County I.S.D.S. Regulations for the office, shop building, concrete plant, and any other structure
constructed on the site in which people will be working, congregating, bathing, etc 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
962333
RESOLUTION, AmUSR-397
Boulder Creek LLC
Page 3
Motion seconded by Shirley Camenisch.
VOTE:
For Passage Against Passage
Glenn Vaad
Cristie Nicklas
Fred Walker
Marie Koolstra
Jack Epple
Rusty Tucker
Shirley Camenisch
Arlan Marrs
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, Jill Boshinski, 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 November 19, 1996.
Dated the 19th of November, 1996.
bUJill Boshinski
Secretary
962333
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Boulder Creek LLC
AmUSR-397
1. The Site Specific Development Plan and Special Review Permit is for a 23.01 acres, more or less,
dry sand and gravel mining operation, importation of sand and gravel material from AmUSR-397,
processing and sales, and concrete and asphalt batch plants in the A(Agricultural)zone district as
submitted in the application materials on file in the Department of Planning Services and subject to
the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County
Zoning Ordinance.
3. The sand and gravel operation shall comply with operation policies identified in Sections 44.4, 44.5
and 44.6 of the Weld County Zoning Ordinance, as amended. Any violation of these regulations shall
be grounds for cancellation of the permit
4 All Operations on said described parcel shall maintain conformance, at all times, with the Weld
County Flood Hazard Overlay District.
5. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination.
6 No permanent disposal of wastes shall be permitted at this site.
7 Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions.
8. Fugitive dust shall be controlled on this site
9. 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.
10. All construction on the property shall be in accordance with the requirements of the Weld County
Building Code Ordinance.
11. The site shall maintain compliance with the Mountain View Fire Protection District, the U.S. Fish and
Wildlife Service and the Department of the Army Corps of Engineers.
12. Mining in the St. Vrain or Boulder Creek shall be prohibited.
13 No excavation or processing of sand and gravel or lake boundary after reclamation shall be
permitted nearer than 100 feet to the St. Vrain or Boulder Creek.
14. All sand and gravel operations shall be conducted during the hours of daylight except in the case of
public or private emergency or to make necessary repairs to equipment This restriction shall not
apply to operation of administrative and executive offices or repair facilities located on the property.
15. The proposed road crossing at Boulder Creek shall be elevated to allow the passage of canoes
and small boats on the river.
16. No Trespassing signs shall be posted and maintained on the perimeter fence and maintained
to clearly identify the boundaries of the site
962233
DEVELOPMENT STANDARDS, AmUSR-397
Boulder Creek LLC
Page 2
17. No excavation shall occur within 25 feet of an easement
18. No excavation shall occur within 50 feet of State Highway 119.
19. No excavation shall occur within 250 feet of any existing residence.
20. Excavation generated traffic shall utilize the approved haul road, Weld County Road 7, and
shall maintain compliance with the existing improvements agreement.
21. Lighting provided for security and night operation on the site shall be designed so that the
lighting will not adversely affect surrounding property owners.
22. The site 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.
23. Existing trees 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.
24 Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the
excavated area.
25. 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.
26. 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.
27. 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
28. 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 Planning Commission and the 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.
29. 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.
962,23
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
CORRECTED RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jack Epple that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: Am USR-397
NAME: Boulder Creek Estates, LLC
r
ADDRESS: 3715 Brighton Blvd., Denver, CO 80216 n "
r
" rn uJ C7
PLANNER: Todd A. Hodges =?
REQUEST: A Site Specific Development Plan and Special Review Permit for an open-pit sand and;gravel
mining operation and materials conveyance as submitted in the application material%,in the-�
A(Agricultural)zone district.
LEGAL DESCRIPTION. Located in Section 9, T2N, R68W of the 6th P.M., Weld County, Colorado
LOCATION. South of and adjacent to State Highway 119; west of and adjacent to Weld County Road 7.
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 with Section
24.3 of the Weld County Zoning Ordinance, as amended, as follows:
a This proposal is consistent with the Weld County Comprehensive Plan, as amended, Natural
Resources and Transportation Goals and Policies.
CM. Goal 2 states, "Promote the reasonable and orderly development of mineral resources."
This proposal encourages the extraction of mineral resources prior to any development on
the site and is located on an existing gravel mining operation.
b. The proposal is consistent with the intent of the Agricultural Zone District and is provided for
as a Use by Special Review.
A.Goal 5 states, "The extraction of mineral and oil and gas resources should preserve or
minimize the impact on prime agricultural land." This proposal is an amendment to existing
Special Use Permit 397 which includes the conveyance of materials under SH 119 to USR-
1132 for processing and sales.
c. The uses permitted will be compatible with the existing surrounding land uses and with the
future development of the surrounding areas as permitted by the Weld County
Comprehensive Plan, as amended. Surrounding land uses include a gravel operation to the
north, agriculture to the east, south, and west.
d Special Review Permit Development Standards will provide adequate protection of the health,
safety and welfare of the neighborhood and county.
RESOLUTION, AmUSR-397
Boulder Creek LLC
Page 2
e. Portions of the subject site are in the Flood Hazard Overlay District area. Development
Standards and Conditions of Approval address this issue.
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. Prior to any activity in wetlands or streams the applicant shall contact the Department of the Army
Corps of Engineers.
4. The applicant shall apply for and obtain a Flood Hazard Development Permit for any use that lies in
the floodplain and is not currently permitted through an existing Flood Hazard Development Permit.
5. If the traffic volumes generated by this site have an increase of more than 20%from the previous
use at the connection to SH 119, the applicant shall contact the Colorado Department of
Transportation to re-evaluate the access.
6. Prior to recording the plat:
a. The applicant shall submit evidence to the Department of Planning Services that the
operation is insured to the extent of not less than $100,000.00 against liability for any
negligent act or omission by the operator from the operation or maintenance of the sand and
gravel pit and the extraction and production of sand and gravel and all activities connected
with or incidental thereto.
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. 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.
d. The operator shall submit a dust abatement plan to the Weld Count Health Department for
review and approval. A copy of the approved plan shall be submitted to the Department of
Planning Services.
7. An individual sewage disposal system shall be installed and/or maintained according to the Weld
County I.S.D.S. Regulations for the office, shop building, concrete plant, and any other structure
constructed on the site in which people will be working, congregating, bathing, etc. 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
RESOLUTION, AmUSR-397
Boulder Creek LLC
Page 3
Motion seconded by Shirley Camenisch.
VOTE:
For Passage Against Passage
Glenn Vaad
Cristie Nicklas
Fred Walker
Marie Koolstra
Jack Epple
Rusty Tucker
Shirley Camenisch
Arlan Marrs
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, Jill Boshinski, 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 November 19, 1996.
Dated the 19th of November, 1996.
Jill oshinski
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Boulder Creek LLC
AmUSR-397
1. The Site Specific Development Plan and Special Review Permit is for a 23.01 acres, more or less,
dry sand and gravel mining operation, importation of sand and gravel material from AmUSR-397,
processing and sales, and concrete and asphalt batch plants in the A(Agricultural)zone district as
submitted in the application materials on file in the Department of Planning Services and subject to
the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County
Zoning Ordinance.
3. The sand and gravel operation shall comply with operation policies identified in Sections 44.4, 44.5
and 44.6 of the Weld County Zoning Ordinance, as amended. Any violation of these regulations shall
be grounds for cancellation of the permit.
4 All Operations on said described parcel shall maintain conformance, at all times, with the Weld
County Flood Hazard Overlay District.
5 All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination.
6. No permanent disposal of wastes shall be permitted at this site.
7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions.
8. Fugitive dust shall be controlled on this site.
9. 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
10. All construction on the property shall be in accordance with the requirements of the Weld County
Building Code Ordinance.
11 The site shall maintain compliance with the Mountain View Fire Protection District, the U.S. Fish and
Wildlife Service and the Department of the Army Corps of Engineers.
12. Mining in the St. Vrain or Boulder Creek shall be prohibited.
13. No excavation or processing of sand and gravel or lake boundary after reclamation shall be
permitted nearer than 100 feet to the St. Vrain or Boulder Creek.
14. All sand and gravel operations shall be conducted during the hours of daylight except in the case of
public or private emergency or to make necessary repairs to equipment. This restriction shall not
apply to operation of administrative and executive offices or repair facilities located on the property.
15. The proposed road crossing at Boulder Creek shall be elevated to allow the passage of canoes
and small boats on the river.
16. No Trespassing signs shall be posted and maintained on the perimeter fence and maintained
to clearly identify the boundaries of the site.
DEVELOPMENT STANDARDS, AmUSR-397
Boulder Creek LLC
Page 2
17. No excavation shall occur within 25 feet of an easement.
18. No excavation shall occur within 50 feet of State Highway 119.
19. No excavation shall occur within 250 feet of any existing residence.
20. Excavation generated traffic shall utilize the approved haul road, Weld County Road 7, and
shall maintain compliance with the existing improvements agreement.
21. Lighting provided for security and night operation on the site shall be designed so that the
lighting will not adversely affect surrounding property owners.
22. The site 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.
23. Existing trees 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.
24. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the
excavated area.
25. 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.
26 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.
27. 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.
28. 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 Planning Commission and the 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.
29. 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.
,
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, November 19, 1996
A regular meeting of the Weld County Planning Commission was held November 19, 1996, in the County
Commissioners' Hearing Room (Room#101), Weld County Centennial Building, 915 10th Street, Greeley,
Colorado. The meeting was called to order by Chairman,Arlan Marrs.
•
Tape 514
Glenn Vaad Absent
Rusty Tucker Present
Fred Walker Present
Shirley Camenisch Present
Cristie Nicklas Present
Jack Epple Present
Marie Koolstra Present
Ann Garrison Absent
Arlan Marrs Present
Also Present:Monica Daniels-Mika,Director,Gloria Dunn, Current Planner, Chris Goranson, Current Planner,
Kerri D. Keithley, Current Planner, Sara McGuire, Current Planner, Todd Hodges, Current Planner II,
Department Planning Services; Jeff Stoll, Director, Trevor Jiricek, Supervisor, Weld County Health
Department; Don Carroll, Weld County Public Works; Lee Morrison, Assistant Weld County Attorney; Jill
Boshinski,Secretary.
The summary of the last regular meeting of the Weld County Planning Commission held on November 5, 1996,
was approved as read.
CASE NUMBER: 2nd Amended USR-972
PLANNER: Gloria Dunn
APPLICANT: Laidlaw Waste Systems (Colorado) Inc.
REQUEST: Site Specific Development Plan and 2nd Amended Use,by Special Review permit and
amended Certificate of Designation for addition of composting and recycling facilities,
perimeter berm,relocation of sediment basin and revision to Cell C for an existing solid waste
disposal site.
LEGAL DESCRIPTION: Located in part of Section 29,T1 N, R68W of the 6th P.M.,Weld County, Colorado.
LOCATION: South and adjacent to Weld County Road 6 and west of Weld County Road 5.
Gloria Dunn presented a brief summary of the proposal and entered the favorable recommendation of the
Department of Planning Services into the record as written. This application is for a Site Specific Development
Plan,2nd Amended Special Review permit and amended Certificate of Designation for addition of composting
and recycling facilities,perimeter berm,relocation of sediment basin and revision to Cell C for an existing solid
waste disposal site. It is in the opinion of the Department of Planning Services'staff that the applicant has
shown compliance with the Weld County Zoning Ordinance, as amended, and the Weld County
Comprehensive Plan as amended, Environmental Quality Goals and Policies and Urban Growth Policies.
This property is approximately 300 acres in size. Ms. Dunn explained that the waste disposal activities have
been existing on this site since 1979,when the use was originally permitted under SUP-400. This use has
been amended twice since 1979, to accommodate the needs for the expansion and improvements to the
landfill.
Ms.Dunn referenced referral responses from the Colorado Department of Public Health and Environment,the
Weld County Health Department and Public Works Department, and their comments have been incorporated
into the record. The Town of Erie had concerns with the health and land use issues which have been reviewed
and addressed by the Department of Planning Services,the Weld County Health Department and the applicant.
PLANNING COMMISSION MINUTES
November 19, 1996
Page 2
The Department of Planning Services'staff recommends that the Planning Commission approve Case Number
2nd Amended USR-972,with the Conditions of Approval and Development Standards.
Fred Otis,Attorney for Laidlaw Waste Systems (Colorado) Inc., explained that he applied for this application
for the company and introduced Rick Hoffman, Bill Borelog, Kevin Carel and David O'Sadnik.
Mr. O'Sadnik, with Golder Associates Inc, explained that he has been the principal design engineer for this
project since 1991. Mr.O'Sadnik gave a review of the proposed improvements and modifications to the Denver
Regional Landfill South. Mr. O'Sadnik referenced a map showing the containment berm, combining cells C
&D,surface water management system, revised site capacity, composting facility and recycling drop-off/buy-
back facility of this proposed area.
Cristie Nicklas asked what the time frames would be for these proposed improvements and modifications.
Mr.O'Sadnik explained the relocation of the sediment pond will be in approximately three or four years.The
combining Cells C and D and the composting facility will take place in the next two to three years. The
recycling facility will be constructed when this proposed application is approved.
Arlan Marrs asked how long a life span does this property have left for the landfill use. Mr. O'Sadnik explained
that at the present rate of filling, this property has approximately twelve to fifteen years. These proposed
improvements and modifications will extend the life of this landfill approximately 1.7 years.
Ms.Nicklas asked if the composting will be marketed by this company. Mr O'Sadnik explained they may use
the composting for final site closure,selling to the public or donated to certain areas.
The Chairman asked if there was anyone in the audience who wished to speak for or against this application.
David Siple, representative for Patena Oil and Gas Corporation, had concerns with access to three existing
wells within this area. Mr. Siple stated that continued access to the wells is necessary.
The Chairman asked if they were in agreement with the Conditions of Approval and the Development
Standards for this proposed application.
Mr.Otis explained that there were concerns with Condition of Approval#7, addressing the fencing around the
composting facility. Mr.Otis stated they have a fence around the property and felt this would be sufficient for
this site. Ms. Dunn stated that staff has no conflict with the deletion of Conditions of Approval#7 as long as
the existing fencing would remain around the entire property.
Jack Epple asked for clarification to the accessing for the oil and gas corporation. Mr. Otis stated that they
recognize the oil and gas owners rights to access their wells.
Mr. Epple asked if the new design meets the Subtitle Deed Regulations. Trevor Jiricek explained that the
amended cell design does meet all aspects of the Subtitle Deed Regulations.
Ms. Dunn explained that the Department Planning Services is recommending the deletion of Condition of
Approval#7 and the addition of Development Standard#49,which states, "security fencing shall be maintained
around the perimeter of the solid waste disposal site,including the sediment basin and composting facility" and
subsequent renumbering of the Development Standards
Cristie Nicklas moved that the Planning Commission approve the deletion of Condition of Approval#7 and the
addition of Development Standard#49 and subsequent renumbering. Fred Walker seconded the motion.
The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Cristie
Nicklas-yes;Fred Walker-yes;Marie Koolstra-yes;Jack Epple-yes; Rusty Tucker-yes; Shirley Camenisch-yes;
Arlan Marrs-yes. Motion carried unanimously.
PLANNING COMMISSION MINUTES
November 19, 1996
Page 3
Marie Koolstra motioned that Case Number 2nd Amended USR-972, be forwarded to the Board of County
Commissioners with the Conditions of Approval and Development Standards with Planning Commission
recommendation for approval. Cristie Nicklas seconded the motion.
The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Cristie
Nicklas-yes;Fred Walker-yes;Marie Koolstra-yes;Jack Epple-yes; Rusty Tucker-yes; Shirley Camenisch-yes;
Arlan Marrs-yes. Motion carried unanimously.
Consideration of Planning Commission Submittal dates.
Moncia Daniels-Mika presented the proposed 1997 Planning Commission hearing dates. The Department of
Planning Services'is recommending this proposal as written with formal action from the Planning Commission
Board.
Mr. Marrs asked if any of the proposed meeting were in conflict with scheduled holidays. Mr. Marrs had
concerns with the September 2, 1997, regular scheduled meeting. Ms. Mika explained that the Tuesday,
September 2, 1997, regular scheduled meeting could be moved to Thursday, September 4, 1997, regular
scheduled meeting.
Mr.Walker moved that the regular scheduled meeting for Tuesday,September 2, 1997, be moved to Thursday,
September 4, 1997. Shirley Camenisch seconded the motion.
The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Cristie
Nicklas-yes;Fred Walker-yes;Marie Koolstra-yes;Jack Epple-yes; Rusty Tucker-yes; Shirley Camenisch-yes;
Arlan Marrs-yes. Motion carried unanimously.
Jack Epple motioned that the 1997 Planning Commission Hearing Submittal Deadline Dates be forwarded to
the Board of County Commissioners with the Planning Commissions recommendation for approval. Marie
Koolstra seconded the motion. ,
The Chairman asked the secretary to poll the members of the Planning Commission for their decision.Cristie
Nicklas-yes;Fred Walker-yes;Marie Koolstra-yes;Jack Epple-yes; Rusty Tucker-yes; Shirley Camenisch-yes;
Arlan Marrs-yes. Motion carried unanimously.
CASE NUMBER: S-408
PLANNER: Chris Goranson
APPLICANT: Vista Commercial Center(Horizon Investments, LLC)
REQUEST: Planned Unit Development Final Plan for a 38 Lot Subdivision for I-1 and C-3 Uses.
LEGAL DESCRIPTION: A portion located in the S2 of Section 5,T2N, R68W and a portion located in the N2
of Section 8,T2N, R68W of the 6th P.M.,Weld County, Colorado.
LOCATION: South of and adjacent to State Highway 119;west of and adjacent to Weld County Road 5.
Mr. Goranson presented a brief summary of the proposal and entered the favorable recommendation of the
Department of Planning Services into the record as written. Mr. Goranson explained this application is for a
Planned Unit Development Final Plan for a thirty-eight Lot Subdivision for I-1 and C-3 uses.
Mr.Goranson referenced final staff recommendations to include language changes since the preliminary copy
that the Planning Commission had received. Mr. Goranson stated this development will be filed over the next
few years and this application is for the first filing of this development.
Mr.Goranson explained that staff has reviewed the signage size in accordance with the standards of the Weld
County Zoning Ordinance, as amended. The signage sizes that the applicant had requested for this
development were above and beyond what is normally allowed in the commercial and industrial districts.
PLANNING COMMISSION MINUTES
November 19, 1996
Page 4
Surrounding property owners have expressed concerns with the signage and development occurring in this
area.
This property is located in the Mixed Use Development and the new proposed plan for this area is not in effect
at this time. Mr.Goranson explained that there is information within this application that can not be considered
under the proposed MUD Plan or until the MUD Plan is approved by the Board of County Commissioners.
Kris Pickett with Picket Engineering, introduced Dr. Russell Stacey as one of the applicants for Horizon
Investments,LLC. Mr.Pickett gave an overview of this application and stated they were preparing the general
infrastructure for the development of the commercial and industrial district. The access located to the east of
this property is Weld County Road 5, which is currently under a maintenance agreement with the Baldridge
PUD and the City of Longmont. The primary access for this site will be at Weld County Road 3.5. Mr. Pickett
went into further detail of the road system with open space and greenbelt area.
Mr. Marrs had concerns with utility easements. Mr. Pickett stated previous concerns regarding the interior
easements were due to the fact that a person may want to purchase more than one lot. The utility easements
for the interior lots are not shown on the plat since they are not needed at this time. Mr. Pickett stated they had
spoken with the utility companies and they indicated they could utilize the shown easements that will run along
the roadways.
Mr. Pickett explained that the size proposal for the monument signs are approximately 320 sq.ft. and stated
that the maximum size was 300 sq.ft. He felt there would not be any issues with reducing the monument signs
to the 300 sq.ft. Mr. Pickett expressed concerns on the setback of twenty-five feet and asked the board to
consider a fifteen foot setback for the monument signs.
Mr.Epple asked who would be supplying the water and sewage for this area. Mr. Pickett explained that water
will be supplied by Left Hand Water District and the sewage by St.Vrain Sanitation District.
Ms.Camenisch asked if the applicant has addressed Mountain View Fire Districts concerns. Mr Pickett stated
they were in the process of addressing their concerns and gave an overview of the water districts that will be
supplying in that area.
Mr.Goranson addressed the easements that the Utility Board was requiring. Staff was in agreement with the
applicants request for deletion of the interior lot easements at this time. Mr. Goranson addressed the signage
issues and explained that in Section 42.3 of the Weld County Zoning Ordinance,the regulations allow for a
150 sq.ft.sign,two signs per lot,fifteen foot setback with a minimum off-set of ten feet. In relation to the Weld
County Zoning Ordinance staff is recommending a sign no greater than 150 sq.ft.in area.
Ms.Koolstra asked if each of these commercial uses would go through the county for approval. Mr. Pickett
explained that each lot for a C-3 or I-1 use would go through a Site Plan Review and the Architectural Control
Committee,that is a committee set up by the owners.
John Furney, representative for Longview Community Limited Liability Company explained that they had
concerns with the berming, open space, traffic conditions on Highway 119 and was in agreement with the
signage issues that the Department of Planning Services was recommending.
Jerry Moore,representative for ROC Communities,explained they provide property management for Longview
LLC. Mr.Moore explained that he lives and works on site at Longview and addressed concerns on traffic and
access with this development,signage issues,service from Mountain View Fire Protection District, commercial
use in this area and adequate water supplies for this area.
Mr. Koolstra asked if the traffic lights would be the responsibility of the county or the state. Don Carroll,with
the Weld County Public Works Department explained that any development that accesses on to a State
Highway would require approval from CDOT.
PLANNING COMMISSION MINUTES
November 19, 1996
Page 5
Mr.Pickett explained that the access of this property is being reviewed and approved by CDOT. Mr. Pickett
stated there will be acceleration and deceleration lanes. The berm will be a landscaped berm with a permanent
berm of two to four feet. Mr. Pickett explained that this property has been zoned C-3 and I-1 uses for over
three years.
The Chairman asked if the applicant was in agreement with the Conditions of Approval and Development
Standards.
Mr.Pickett explained that they were in agreement with the Conditions of Approval and Development Standards
with exception to the signs allowed and sizes.
Mr.Goranson,Lee Morrison, and the Planning Commission members had further discussion on the signage
. issues.
Jack Epple motioned that Case Number S-408,Vista Commercial Center(Horizon Investment, LLC
be forwarded to the Board of County Commissioners with the Conditions of Approval and Development
Standards with Planning Commissions recommendation for approval. Marie Koolstra seconded the motion.
The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Cristie
Nicklas-yes;Fred Walker-yes;Marie Koolstra-yes;Jack Epple-yes; Rusty Tucker-yes; Shirley Camenisch-yes;
Arlan Marrs-yes. Motion carried unanimously.
CASE NUMBER: USR-1133
PLANNER: Kerri D. Keithley
APPLICANT: Mike Faulkner
REQUEST: Site Specific Development Plan and a Special Review Permit for a 2,500 head dairy.
LEGAL DESCRIPTION: The SW4 of Section 29,T7N, R64W of the 6th P.M.,Weld County, Colorado.
LOCATION: North of and adjacent to Weld County Road 76; east of and adjacent to Weld County Road
51.
Ms. Keithley presented a brief summary of the proposal and entered the favorable recommendation of the
Department of Planning Services into the record as written. Ms. Keithley explained this application is for a
2,500 head dairy with three additional accessory to the farm mobile homes. It is the opinion of the Department
of Planning Services that this proposal is consistent with the Weld County Zoning Ordinance, as amended,the
Weld County Comprehensive, as amended, Agricultural Goals and Policies. Ms. Keithley referenced the
portion of land along Willow Creek that is located within the Flood Hazard Development Overlay District. Ms.
Keithley stated the any development within the Willow Creek area shall adhere to all regulations and
requirements of the Flood Hazard Overlay District.
The Department of Planning Services recommends approval of the request with the Conditions of Approval
and Development Standards.
Mike Faulkner, applicant, explained that he has been in the dairy business since 1974. He purchased this
business in 1981, and gave an overview of his proposed changes to have this business be efficient.
Mr. Marrs asked the applicant to address Willow Creek flowing through the center of the farm. Mr. Faulkner
explained that Willow Creek is not a problem due to berming the creek in 1992.
Mr. Marrs asked what the applicant was proposing for corrals. Mr. Faulkner explained that the projected
amount of cows is approximately 1,400 and they would need to build six additional corrals which would be
confined to one-third of the land which is currently in cropland.
The Chairman asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
PLANNING COMMISSION MINUTES
November 19, 1996
Page 6
The Chairman asked if the applicant was in agreement with the Conditions of Approval and Development
Standards. Mr. Faulkner stated he was agreement with the Conditions of Approval and Development
Standards, and explained that it was in the best interest of their business to control flies with coral cleaning
everyday and spraying if necessary.
Cristie Nickles motioned that Case Number USR-1133, Mike Faulkner, be forwarded to the Board of County
Commissioners with the Conditions of Approval and Development Standards with Planning Commissions
recommendation for approval. Shirley Camenisch seconded the motion.
CASE NUMBER: USR-1132
PLANNER II: Todd A. Hodges
APPLICANT: JCK Gravel Inc
REQUEST: Site Specific Development Plan and a Special Review Permit for a sand and gravel mining;
importation;processing and sales of sand and gravel; concrete batch plant and asphalt batch
plant.
LEGAL DESCRIPTION: Located in the SE4 of Section 4,T2N,R68W of the 6th P.M., Weld County, Colorado.
LOCATION: North and adjacent to State Highway 119;west and adjacent to Weld County Road 7.
CASE NUMBER: AM-USR-397
PLANNER II: Todd A. Hodges
APPLICANT: Boulder Creek Estates, LLC.
REQUEST: Site Specific Development Plan and Special Review Permit for expansion of existing USR-397
for the mining of sand and gravel and conveyance of the materials under State Highway 119
to AM-USR 809 Site.
LEGAL DESCRIPTION: Located in Section 9,T2N, R68W of the 6th P.M., Weld County, Colorado.
LOCATION: South and adjacent to State Highway 119; approximately 1/2 mile west of Weld County Road
7.
CASE NUMBER: AM-USR-809
PLANNER II: Todd A. Hodges
APPLICANT: JCK Gravel, Inc.
REQUEST: Site Specific Development Plan and a Special Review Permit for an expansion to existing
USR-809 for mining, processing and sale of aggregate materials as well as concrete and
asphalt batch plants.
LEGAL DESCRIPTION: Located in the SE4 of Section 4,T2N,R68W of the 6th P.M.,Weld County, Colorado.
LOCATION: North and adjacent to State Highway 119;west and adjacent to Weld County Road 7.
The Chairman introduced the next three cases that Todd Hodges was presenting. The Chairman asked the
applicant if they were in agreement with these applications being heard at the same time. The applicant was
in agreement.
Mr.Hodges presented a brief summary of these proposals and entered the favorable recommendations of the
Department of Planning Services into the record as written. Mr. Hodges explained that this request is for three
separate Special Review Permits and are contingent upon each other. A recorded exemption was also
submitted with these applications to separate the twenty-three acre parcel where the proposed Special Review
Permit 1132 will be located. Mr. Hodges stated if these proposed applications are approved the recorded
exemption will go through a staff review process.
Mr. Hodges referenced Amended USR-397, is existing for a gravel and mining operation and gave an
overview of the proposed conveyed materials underneath Highway 119 to the proposed Special Review Permit
USR-1132.
The Department of Planning Services is requesting a change to AMUSR-397 with the addition of Condition of
Approval#7,addressing the individual sewage disposal system. Mr. Hodges referenced the memo received
from the Weld County Health Department which has been incorporated into the record.
PLANNING COMMISSION MINUTES
November 19, 1996
Page 7
The Department of Planning of Services is recommending approval with Conditions of Approval and
Development Standards as written in the revised form.
Mr.Marrs asked if the conveyance under Highway 119 is a state issue. Mr. Hodges explained that this issue
has been addressed through the state,the Corp. of Engineer Department of Transportation and the Division
of Wildlife.
John Hickman, representative for Western Mobile Boulder, explained that Mr. Hodges has addressed the
proposal for these applications. Mr. Hickman explained that the conveyance of the materials under Highway
119 to the existing facilities would delete additional road improvements and far less impact in this area.
Mr. Glenn Vaad, Planning Commission member arrived at 3:07 p.m.
Ms. Camenisch asked if the applicant was already approved for the concrete and batch plant. Mr. Hickman
explained the concrete and batch plant are part of Amended Special Review Permit#809.
Ms.Camenisch asked if gravel was currently being taken from USR-397. Mr. Hickman stated that the permits
were still active, but operations have not been at this site for years.
Ms. Camenisch asked of these application which will mined first. Mr. Hickman explained that presently the
area being mined is USR-809. The next area to mine would be USR-1132 and last USR-397.
The Chairman asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chairman asked the applicant if they were in agreement with the Conditions of Approval and Development
Standards. The applicants were in agreement but had concerns on application USR-1132, Condition of
Approval#4,addressing the use of portable toilets used for temporary use. Mr. Hickman explained that they
have a port-a-potty located at the scale house and would like to continue using this.
Jeff Stoll explained that the Weld County Health Department would not have a problem with this as long as this
is considered a temporary use.
Jack Epple motioned that Case Number AMUSR-809, be forwarded to the Board of County Commissioners
with the Conditions of Approval and Development Standards with Planning Commissions recommendation for
approval. Cristie Nicklas seconded the motion.
The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Glenn
Vaad-yes;Cristie Nicklas-yes;Fred Walker-yes;Marie Koolstra-yes;Jack Epple-yes; Rusty Tucker-yes; Shirley
Camenisch-yes;Arlan Marrs-yes. Motion carried unanimously.
Jack Epple motioned that Case Number AMUSR-397, be forwarded to the Board of County Commissioners
with the Conditions of Approval and Development Standards with Planning Commissions recommendation for
approval. Shirley Camenisch seconded the motion.
The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Glenn
Vaad-yes;Cristie Nicklas-yes;Fred Walker-yes;Marie Koolstra-yes;Jack Epple-yes; Rusty Tucker-yes; Shirley
Camenisch-yes;Arlan Marrs-yes. Motion carried unanimously.
Jack Epple motioned that Case Number USR-1132, be forwarded to the Board of County Commissioners with
the Conditions of Approval and Development Standards with Planning Commissions recommendation for
approval. Shirley Camenisch seconded the motion.
PLANNING COMMISSION MINUTES
November 19, 1996
Page 8
The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Glenn
Vaad-yes;Cristie Nicklas-yes;Fred Walker-yes;Marie Koolstra-yes;Jack Epple-yes; Rusty Tucker-yes;Shirley
Camenisch-yes;Arlan Marrs-yes. Motion carried unanimously.
Meeting adjourned at 3:12 p.m.
Respectfully submitted
Jill Boshinski
Secretary
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