HomeMy WebLinkAbout991750.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Fred Walker that the following resolution be introduced for passage by the Weld Count Planning
Commission. Be it resolved by the Weld County Planning Commission that the application_f_Qr:
CASE NUMBER: USR-1220 _
APPLICANT: Ademar Construction
ADDRESS: 12632 1-25 Frontage Road
PLANNER: Eric Jerman l?5
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Mineral Resource
Development facility (Concrete Batch Plant) in the Mixed Use Development area.
LEGAL DESCRIPTION: Part NW4 Section 35, Township 3 North, Range 68 West of the 6th P.M., Weld
County, Colorado
LOCATION: East of and adjacent to 1-25 Frontage Road and approximately A mile South of WCR 28
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. A.Goal
2 reads, "Allow commercial and industrial uses which are directly related to or dependent upon
agriculture to locate within Agricultural zoning when the impact to surrounding properties is
minimal, and where adequate services and infrastructure are available." Concrete, and its
constituent cement, are necessary to the farming industry. Water, sewer, and transportation
services are available to the site. C.Goal 2 reads, "Ensure the compatibility of commercial land
uses with adjacent land uses." Applicant shall ensure compatibility with proposed residential land
uses on adjacent parcels through meeting requirements of Condition of Approval (C.O.A.) #2.B.
MUD .Policy 5 reads, "New development should demonstrate compatibility with existing
surrounding land use in terms of: general use, building height, scale, density, traffic, dust and
noise." Due to the site's location adjacent to the Waterside PUD and the proposed high volume
of heavy trucks on the site, the applicant shall provide the Weld County Health Department with
a dust abatement plan (C.O.A. # 2.K.). The Colorado Department of Transportation (CDOT) may
request the applicant to pay for improvements to 1-25 Frontage Road to accommodate the
increased truck traffic(C.O.A. #2.L.). A landscape plan shall address buffering and screening of
the batch plant from the Waterside PUD as well as from 1-25 Frontage road (C.O.A. #2.6.). MUD.
Policy 6.3 reads, "Landscaping requirements should be determined for the perimeter of the
development by reviewing the density of the proposed land-use development and comparing it to
the surrounding land uses..." Because the batch plant poses an extreme disparity with the use of
the Waterside PUD to the south and the east, the applicant shall propose dense plantings and
possibly the use of walls and or berms for additional screening on the landscape plan (C.O.A. #
2.B). MUD.Policy 6.5 reads, "New junkyards, salvage yards, landfills, and uses with open storage
areas should be encouraged to locate in areas where they can be visually screened and can
conform to health and safety regulations. Existing salvage yards and uses with storage areas are
encouraged to visually screen or to relocate to more compatible areas. The intent is to locate
uses with an unattractive appearance and the potential to create adverse land use impacts to
areas where they will not be a negative inducement for additional high quality development." Due
EXHIBIT
991750
RESOLUTION, USR-1220
Ademar Construction
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to the proposed open storage of sand and other batch plant materials the applicant shall
adequately screen open storage areas from 1-25 and 1-25 Frontage road and the Waterside PUD
to the south and to the east(C.O.A. #2.B.). MUD. Policy 6.6 reads, "New developments, including
major public utility facilities, should mitigate adverse visual impacts caused by outside storage,
building scale, disturbed native vegetation, and other such activities by screening and/or
buffering." Screening shall be delineated on the landscape plan (C.O.A.#2.B.). MUD. Policy 6.11
reads, "All new development should comply with the Transportation Section of this plan. Access
to properties shall preserve the existing and future function of roads and highways affected by the
proposed development. All development circulation systems should be designed so that they do
not disrupt highway travel. Traffic to be generated by the proposed development must conform
to the recommendations of the Weld County Public Works Department and the Colorado
Department of Transportation. Dedication and improvements of roads and frontage roads may
be required as a condition of development. CDOT has granted an access permit for the site that
is for fewer cars and trucks than applicant is proposing will use the site. If car and truck traffic
increase beyond the levels permitted by CDOT applicant shall be required to obtain additional
access permits from CDOT and applicant may be required to pay for any improvements to 1-25
Frontage road to accommodate the increased traffic (C.O.A.#2.L.). MUD. Goal 7 reads," All new
development in the Mixed Use Development area should pay its own way." As directed in a
referral response letter,the Colorado Department of Transportation notes that"Mr. Martinez needs
to be aware that given the volumes he's proposing to the County and the vehicle types used at a
batch plant, it is very likely that he will be responsible for improvements to the [1-25]frontage road"
(C.O.A. #2.L.).
b. Section 24.3.1.2 --That the proposal is consistent with the intent of the district in which the USE
is located. Section 2.6.4 of the Mixed Use Development Plan Development standards, # 2. C.
States, "A minimum landscape setback along 1-25, SH 119 and their subsequent frontage roads
shall be fifty (50)feet measured from the existing or planned future right-of-way." The application
plot plan indicates that the location of the batch plant and its related structures, such as the office,
the water storage tank and the liquid propane tank are all in violation of the setback requirements
for this site when the ninety (90) foot future right-of-way designation from Colorado Department
of Transportation (CDOT) and the fifty(50)foot landscape setback are considered (C.O.A. #2.O).
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. MUD.CPolicy 2.1 reads,
"New development shall be encouraged to use innovative siting and design techniques to cultivate
an attractive visual appearance within the MUD area and preserve prime visual features such as
the Front Range and the St. Vrain River. " Due to the site's location adjacent to 1-25 and 1-25
Frontage road applicant shall provide screening and buffering as directed in Section 2.6 of the
MUD Development Plan (C.O.A. #2.B.). MUD.CPolicy 2.2 reads,"Landscaping shall be designed
to promote attractive development. Landscaping requirements shall be determined for the
perimeter of the development by reviewing the density of the proposed land-use development.
Landscaping shall be designed to protect and preserve the appearance arid character of the
surrounding area." Due to the site's location adjacent to Waterside PUD, the applicant shall
provide dense plantings and possibly use berms,walls and fences to screen the site from adjacent
properties to the east, south and west (C.O.A. # 2.B.). MUD.CPolicy 2.10 reads, "New
developments, including major public utility facilities, shall mitigate adverse visual impacts caused
by outside storage, building scale, disturbed native vegetation, and other such activities by
screening and/or buffering." The applicant is proposing outside storage of sand and other batch
plant materials. Outside storage areas shall be adequately screened from adjacent properties.
Screening and buffering shall be delineated on the landscape plan (C.O.A. #2.B.). MUD.C Policy
3.4 reads, "Fugitive dust shall be controlled by practices acceptable to the Weld County Health
Department and any other relevant agencies." The applicant shall provide a dust abatement plan
to the Weld County Health Department (C.O.A. # 2.K.). The applicant shall provide the Weld
County Public Works Department with a proposal for dust suppressant on unpaved areas of the
parking lot (Development Standard #3). MUD.C Policy 3.5 reads, "Disturbed areas shall be
revegetated immediately following construction. In order to minimize wind and soil erosion,
RESOLUTION, USR-1220
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temporary stabilization measures shall be established on all such areas." Applicant shall propose
a revegetation plan to the Department of Planning Services(C.O.A.#2.B, 2.M.). MUD.C Policy
3.6 reads,"New development shall be encouraged to select native species for re-vegetation." The
landscape plan shall include native species for re-vegetation (C.O.A. #2.8.). MUD.C Policy 4.1
reads," New development shall demonstrate compatibility with existing surrounding land use in
terms of general use, building height, scale, density, traffic, dust and noise." A dust abatement
plan shall be submitted to the Weld County Health Department(C.O.A. #2.K.).
c. Section 24.3.1.3 —That the USES which would be permitted will be compatible with the existing
surrounding land USES. The site is located in the Mixed Use Development (MUD) area and is
identified on the Structural Land Use Map(2.1)as an"Employment Center." Section 2.2.1 of the
MUD Development Plan indicates that manufacturing, fabricating and processing or storage uses
can occur in the Employment Center"as long as the use is conducted entirely within enclosed
buildings." Surrounding land uses include Residential to the south and east. Industrial uses such
as the batch plant must utilize dense plantings as well as other screening and buffering
techniques to provide an aesthetic buffer from adjacent residential uses.
d. Section 24.3.1.4 --That the USES which would be permitted 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 PLANS of affected
municipalities. Future development of this area may include the Waterside PUD to the south and
east. The development standards and conditions of approval assure that the batch plant will be
compatible with surrounding land uses.
e. Section 24.3.1.5 --That the application complies with the Weld County Zoning Ordinance, Section
50, Overlay District Regulations if the proposal is located within the Overlay District Areas
identified by maps officially adopted by Weld County. The site is not located within the Overlay
District Areas identified with maps officially adopted by Weld County.
f. Section 24.3.1.6 - The applicant has demonstrated a diligent effort to conserve productive
agricultural land. The subject property is designated as "Prime" farmland by the USDA. The
portion of the property not used un the Batch Plant facility will remain agricultural land.
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 Department of 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. (Planning Department)
2. Prior to recording the plat:
A. The plat shall be amended to reduce the area of the USR from one-hundred and fifteen
(115) acres to the area immediately surrounding the proposed batch plant, including the
parking and storage areas. (Planning)
B. A detailed landscaping plan, as directed in Section 2.6 of the Mixed Use Development
RESOLUTION, USR-1220
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(MUD) Development Plan, identifying the number, size and species of landscaping
materials/buffering materials, shall be submitted to the Department of Planning Services
for review and approval. The plan shall also address the planting schedule of grasses
and trees as well as maintenance of the landscaping materials and potential replacement
of dying materials. Upon approval, the approved plan shall be delineated on the plat map.
(Planning)
C. Evidence of approval of a detailed reclamation plan as well as the landscape plan from
the Longmont Soil Conservation District shall be given to the Department of Planning
Service. (Planning Department)
D. The applicant shall submit to the Department of Planning Services evidence of verification
of approval for State Highway Access Permit Application which allows access for up to
forty-five(45) employees as well as the total number of vehicle trips per day proposed by
the applicant. (Public Works)
E. The plat shall delineate on the plat an additional ninety (90) feet of future
right-of-way adjacent to the property line to accommodate the future widening
of 1-25. (CDOT)
F. The applicant shall submit evidence of approval from the Public Works Department of a
storm water drainage report to the Department of Planning Services . The report shall
verify the proper sizing of the detention pond. This report shall be prepared and signed
by a registered professional engineer in the State of Colorado. (Public Works)
G. The applicant shall submit a Parking Plan to the Department of Planning Services for
review. Upon approval, the parking area shall be delineated on the plat. (Public Works)
H. Evidence of an approval from the Weld County Health Department shall be given to the
Department of Planning for a NPDES Permit from the Water Quality Control Division of
the Colorado Department of Health for any proposed discharge into State Waterways.
(Health Department)
Evidence of an approval from the Weld County Health Department shall be given to the
Department of Planning for an Air Pollution Emmission Notice (A.P.E.N.) and Emissions
Permit application which must be submitted to the Air Pollution Control Division, Colorado
Department of Health for emissions of criteria, hazardous or odorous air pollutants.
Sources of suchemissions include but are not limited to the following: sandblasting
operations, spray paint booths,dry cleaners, haul and road traffic,composting, boilers and
incinerators. (Health Department)
J. Evidence that all the requirements of the Mountain View Fire Protection District have been
met, as directed in a referral response letter, dated February 25, 1999, shall be given to
the Department of Planning Services. (Mt. View Fire)
K. A dust abatement plan shall be submitted to the W.C. Health Department for approval
prior to operation. The facility shall have sufficient equipment available to implement the
dust control as required by the W. C. Health Department. (Health Department)
L. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses
to the 1-25 Frontage Road. The applicant shall provide evidence to the Department of
Planning Services that CDOT confirms that the existing access permit is sufficient for the
proposed batch plant and that any additional requirements that may need to be required
to obtain or upgrade the permit have been completed.
RESOLUTION, USR-1220
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M. A detailed reclamation plan shall be provided to the Department of Planning Services.
The plan shall include a detailed description of the method of dismantling the batch plant
and the types of vegetation, identifying the number, size and species of landscaping
materials to be proposed in the reclamation. The plan shall include a 24"X 36" map of
the proposed reclamation plan. (Planning Department)
N. The applicant shall enter into a On Site Improvements Agreement and Performance
guarantee with the Weld County Public Works Department for paving the parking area
and adding dust abatement to the areas for outdoor storage and for the landscaped
screening and buffer from adjacent properties. (Planning Department)
O. All structures associated with the batch plant shall be removed to a location that is not
within the ninety (90)foot future road reservation asked for by the Colorado Department
of Transportation4CDOT) and that is not located within the fifty (50) foot landscape
setback required in the Mixed Use Development (MUD)Area.
P. All parking shall meet the requirements set out in Section 2.6.3 of the Weld County Mixed
Use Development Plan Development Standards.
3. 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)
Motion seconded by Stephan Mokray.
VOTE:
For Passage Against Passage
Fred Walker Cristie Nicklas
Stephan Mokray Michael Miller
Jack Epple
Bryant Gimlin
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, Jennifer Mehring, 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 May 4, 1999.
Dated the 4th of May, 1999.
�
Jennifer hying /
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Ademar Construction
US-1220
1. The Site Specific Development Plan and Special Use Permit is for a Concrete Batch plant in the Mixed Use
Development 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)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning
Ordinance, as amended. (Planning)
3. The applicant shall be required to hard surface(asphalt or concrete)the circulation pattern throughout the
concrete batch area. Adjacent parking areas shall be controlled with dust suppressant. (Public Works)
4. Due to the number of cars and heavy trucks proposed to be using this site (up to 45 employees), the
applicant shall be responsible for future improvements to 1-25 Frontage Road. (CDOT)
5. Building foundations shall be engineered by a certified Colorado Engineer. (Building Inspection)
6. All construction on the property shall be in accordance with the Weld County Building Code Ordinance.
(Planning)
7. 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)
8. 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)
9. No permanent disposal of wastes shall be permitted at this site. (Health Department)
10. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Health Department)
11. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Health Department)
12. Adequate toilet facilities shall be provided for the employees and drivers. (Health Department)
13. 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 Department)
14. 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
Department)
15. The facility shall utilize the existing water supply (Little Thompson Water District). (Health
Department)
16. An individual sewage disposal system is required for the proposed residence and shall be installed
according to the Weld County Individual Sewage Disposal Regulations. (Health Department)
17. An individual sewage disposal system is required for the proposed control dispatch office and shall
be installed according to the Weld County Individual Sewage Disposal Regulations. -he septic
system shall be designed to accommodate the proposed hydraulic load for the employees
Development Standards
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Page 2
including the mechanics and drivers (45 people). The septic system is required to be designed
by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage
Disposal Regulations. (Health Department)
18. The applicant proposes to use the existing residence as an office. The septic system has been
evaluated by our office and is adequate to handle up to five office workers. (Health Department)
19. In accordance with the Above Ground Storage Tank Regulations (7 WCR 1101-14) a spillage
retention berm shall be constructed around the tank battery. The volume retained by the spillage
berm should be greater than the volume of the largest tank inside the berm. Alternative protective
measures may be allowed provided they comply with the Above Ground Storage Tank
Regulations. (Health Department)
20. All fly ash shall be contained inside the batch plant while on site. (Health Department)
21. Personnel from the Weld County Health Department and Weld County Planning Department 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. (Planning)
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. 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)
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. (Planning)
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