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BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jack Epple that the following resolution,with changes to Condition of Approval#1 and the addition
of Condition of Approval#31 and 3j, be introduced for passage by the Weld County Planning Commission.
Be it resolved by the Weld County Planning Commission that the application for:
PLANNER: Shani L. Eastin
CASE NUMBER: USR-1102
NAME: Owens Brothers Concrete Company
ADDRESS: 5550 Sheridan Blvd, Arvada, CO 80002
REQUEST: A Site Specific Development Plan and Special Review Permit for a wet sand and gravel
mining operation in the A(Agricultural)zone district.
LEGAL DESCRIPTION: The W2 of Section 32, T3N, R67W of the 6th P.M.,Weld County, Colorado.
LOCATION: East of and adjacent to Weld County Road 15; south of and adjacent to Weld County Road
26-3/4.
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.
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:
a. This proposal is consistent with the Weld County Comprehensive Plan's Natural Resources,
Transportation and Urban Growth Boundary Goals and Policies. The Conditions of Approval
and Development Standards will ensure that these goals and policies are met. The
Comprehensive Plan encourages the extraction of mineral resources when the mining plan
promotes reasonable and orderly development of mineral resources.
b. The proposal is consistent with the intent of the Agricultural Zone District and is provided for
as a Use by Special Review.
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 St. Vrain Creek, pasture,
rural residences, and irrigated crops.
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.
The Department of Planning Services has received letters with comments and concerns from surrounding
property owners.
960502
RESOLUTION, USR-1102
Owen Brothers Concrete Company
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 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 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 recording the Use by Special Review plat:
a. The applicant shall enter into a Road Maintenance Agreement with Weld County for
improvements to the egress/ingress point of the facility, south on Weld County Road 15 to
Weld County Road 26, then west to Weld County Road 13. The Road Maintenance
Agreement shall be approved by the Board of County Commissioners.
b. A dust abatement plan shall be submitted-to the Weld County Health Department for review
and approval. Evidence of approval of the dust abatement plan by the Health Department
shall be provided to the Department of Planning Services.
c. 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.
d. The applicants shall apply for a Flood Hazard Development permit for any proposed use that
lies in the flood plain.
e. An Air Pollution Emission Notice (A.P.E.N.) and Emissions permit application shall be
submitted to the Air Pollution Control Division, Colorado Department of Health.
f. The applicants shall amend the plat to delineate the designated wetlands that exist on the
site. The office of the Department of the Army should be contacted prior to any activity in
the wetland site.
g. As stated in a memo from Don Carroll, Project Coordinator, Weld County Public Works
Department, dated November 27, 1995, the applicant shall show on the plat a typical cross
section that includes the County Road, borrow ditches, and the setbacks. The applicant shall
also indicate the vertical and horizontal slopes to the ponds. The dimensions shall be
included on the mylar to verify lengths.
h. The applicant shall amend the special use permit plat to show the areas of oil and gas
interest as stated in a letter dated January 22, 1996,from Susan Harrison, Land Use Planner,
AGRA Earth & Environmental, Inc.
3605'`.2
RESOLUTION, USR-1102
Owen Brothers Concrete Company
Page 3
The applicant shall submit an agreement with Gilbert Acord, user of the laterals crossing the
subject property, regarding the relocation of the laterals to provide continued delivery of
irrigation water. A copy of this agreement shall be provided to the Department of Planning
Services.
j. If dewatering occurs, the applicant shall submit an agreement to provide adequate water for
the unregistered wells and springs of Mr. Gilbert Acord and a copy of that plan shall be
submitted to the Department of Planning Services. This provision is conditional upon the
allowance of the applicant to place monitoring wells on the property.
Motion seconded by Marie Koolstra.
VOTE:
For Passage Against Passage
Ron Sommer
Marie Koolstra
Jack Epple
Arlan Marrs
Ann Garrison
The Vice-Chairperson 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 February 6, 1996.
•
Dated this 6th day of February,
�rruary,,1996.
J i v 13ofu] r "_".
Jill Boshinski
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Owens Brothers Concrete Company
USR-1102
1. The Site Specific Development plan and Special Review permit is for a 105 acre, more or less, wet
sand and gravel mining operation 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. Any violation of these regulations shall be grounds
for cancellation of the permit.
4. Owners and operators of the Special Review permit activity shall maintain compliance with the
approved road maintenance agreement with Weld County.
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. Adequate toilet facilities shall be provided on the site. Maintained portable toilets shall be adequate.
11. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility
area in a manner that will prevent nuisance conditions.
12. All construction on the property shall be in accordance with the requirements of the Weld County
Building Code Ordinance.
13. The property owner or operator shall be responsible for complying with the Design Standards of
Section 24.5 of the Weld County Zoning Ordinance.
14. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 24.6 of the Weld County Zoning Ordinance.
15. 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.
sac cs
DEVELOPMENT STANDARDS, USR-1102
Owen Brothers Concrete Company
Page 2
16. 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.
17. 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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