HomeMy WebLinkAbout981950.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Arlan Marrs that the following resolution be introduced for passage by the Weld County
Planning Commission, along with the addition of Development Standard#16, with subsequent
renumbering. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1194
APPLICANT: William & Margaret Kobobel
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ADDRESS: 7909 Weld County Road 5, Longmont, Colorado 80501
PLANNER: Scott Ballstadt
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Sand and Gravel Mining.
Operation in the A zone district -`-
LEGAL DESCRIPTION: The E2 NW4 of Section 15, T2N, R68W of the 6th P.M., Weld County, Colorado
LOCATION: North of and adjacent to Weld County Road 20 Y and approximately 1/4 mile east of 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 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." Additionally, no prime farm land will be taken out of production with this
proposal.
b. Section 24.3.1.2 -- This 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.
c. Section 24.3.1.3--The proposal will be compatible with existing surrounding land uses which
include agricultural and commercial activities, as well as other sand and gravel mining
operations in the general area.
d. Section 24.3.1.4 -- The proposed uses will be compatible with future development of the
surrounding area as permitted by the A (Agricultural) zone districts and with the future
development as projected by the Comprehensive Plan or Master Plan of affected
municipalities. Referral packets were sent to the Towns of Firestone and Frederick,
however, neither Town responded. Staff then contacted both Towns by phone. Ed
Tagliente, Town of Frederick planning commission indicated that the property is outside the
Town's planning area and the Town has no conflict. As of July 13, 1998 the Town of
Firestone had no comment.
e. Section 24.3.1.5 --The proposal is located within the Mixed Use Development area. MUD
Policy 6.12 of the Weld County Comprehensive plan requires all new development to comply
with the mineral resource section of the plan which, as stated previously, CM.Goal 2
promotes the reasonable and orderly development of mineral resources.
4 EXHIBIT. ;
981950
LAM tail/
RESOLUTION, USR-1194
Kobobel
Page 2
f. Section 24.3.1.6-- No prime farm land will be taken out of production with this proposal.
g. Section 24.3.1.7 --The Design Standards (Section 24.5 of the Weld County Zoning
Ordinance, as amended), Operation Standards (Section 24.6 of the Weld County Zoning
Ordinance, as amended), Conditions of Approval, and Development Standards ensure that
there are adequate provisions for the protection of health, safety, and welfare of the
inhabitants of the neighborhood and 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 15 days of approval by the Board of County Commissioners. (Planning Dept.)
2. An individual sewage disposal system is required for the proposed office and shall be installed
according to the Weld County Individual Sewage Disposal System regulations. The septic system
is required to be designed by a Colorado Registered Professional Engineer according to the Weld
County Individual Sewage Disposal System regulations. A vault system would be acceptable. (Health
Dept.)
3. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) The 61-acre USR/mining boundary, within the 80-acre property boundary.
2) A total of 55 feet dedicated right-of-way from the centerline of Weld County Road
7%. (Public Works Dept.)
3) A total of 50 feet dedicated right-of-way from the centerline of Weld County Road
20%. (Public Works Dept.)
B. The applicant shall enter into a Road Maintenance Improvements Agreement with the Weld
County Public Works Department for upgrading and paving Weld County Road 20%due to
heavy hauling. A designated haul route will be established within the Improvements
Agreement. (Public Works Dept.)
C. The applicant shall submit a Dust Abatement Plan to the Weld County Health Department
for review and approval. The facility shall have sufficient equipment available to implement
the dust control as required by the Weld County Health Department. Evidence of Health
Department approval shall be submitted to the Department of Planning Services. (Health
Dept.)
D. The applicant shall submit evidence that an Air Pollution Emission Notice (APEN) and
Emissions Permit have been obtained from 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, boiler and
incinerators. (Health Dept.)
RESOLUTION, USR-1194
Kobobel
Page 3
E. The applicant shall submit evidence that an NPDES permit has been obtained from the
Water Quality Control Division of the Colorado Department of Health for any proposed
discharge into state waterways. (Health Dept.)
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. (Planning Dept.)
Motion seconded by Michael Miller.
VOTE:
For Passage Against Passage
Glenn Vaad
Arlan Marrs
Marie Koolstra
Stephan Mokray
Michael Miller
Jack Epple
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 Inloes, 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 July 21, 1998.
Dated
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Wendi Inloes
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
USR-1194 Kobobel
1. The Site Specific Development Plan and Special Use Permit is for a Sand and Gravel Mining
Operation 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. (Planning
Dept.)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County
Zoning Ordinance, as amended. (Planning Dept.)
3. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Health Dept.)
4. No permanent disposal of wastes shall be permitted at this site. (Health Dept.)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Health Dept.)
6. Fugitive dust shall be controlled on this site. (Health Dept.)
7. 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 Dept.)
8. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Minerals and Geology. (Health Dept.)
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. (Health Dept.)
10. Bottled water shall be supplied for drinking water on the site. (Health Dept)
11. The operation shall comply with the Mine Safety and Health Act(MSHA). (Health Dept.)
12. The operation shall comply with the Occupational Safety and Health Act(OSHA). (Health Dept.)
13. The applicant shall adhere to legal load limits for any restricted bridges. (Public Works Dept.)
14. Tanks installed for flammable or combustible liquid storage or dispensing, either temporary or
permanent, shall be installed in accordance with the requirements of the Uniform Fire Code and plans
for the installation must be reviewed by the Fire District prior to installation. (Mountain View Fire
Protection District)
15. The applicant shall attempt to comply with all requirements of the Fire District. (Mountain View Fire
Protection District)
16. The applicant shall maintain compliance with Section 44, Open-Mining, of the Weld County Zoning
Ordinance. (Planning Dept.)
17. 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. (Planning Dept.)
18. 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. (Planning Dept.)
19. 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. (Planning Dept.)
20. 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. (Planning Dept.)
21. 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. (Planning Dept.)
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