HomeMy WebLinkAbout981563.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 along with the deletion of Condition of Approval#2F. Be it resolved by the Weld County Planning
Commission that the application for:
CASE NUMBER:AmUSR-847
APPLICANT: Weld County
ADDRESS: 915 10th Street, Greeley, Colorado 80631
PLANNER: Scott Ballstadt
REQUEST: A Site Specific Development Plan and a Special Review Permit for a An Amendment to Site
Specific Development Plans and Special Review Permits for Open Cut Gravel Mining to
combine USR-847 and AmSUP-369 into one permit, as well as exclude 28.9 acres included
in the original permits, all in the A(Agricultural) zone district.
LEGAL DESCRIPTION: All that part of the NE1/4 SW1/4 &the NW1/4 SE1/4&the NE1/4 SE1/4 of
Section 31, T6N, R65W of the 6th P.M., Weld County, Colorado
LOCATION: West of and adjacent to 11th Avenue and south of and adjacent to "O" Street
SIZE OF PARCEL: 113.6 acres
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 Sections 24.7, 44.1,
44.2 and 44.3 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
24.4.2 of the Weld County Zoning Ordinance, as amended, as follows:
a. Section 24.4.2.1 -- This proposal is consistent with the Weld County Comprehensive Plan.
CM.Goal 2 states,"Promote the reasonable and orderly development of mineral resources."
This proposal encourages the extraction of mineral resources prior to development of the site.
The site is currently being mined under USR-847 and AmSUP-369. A.GOAL 5 also states
that the extraction of mineral resources should preserve or minimize the impact on prime
agricultural land. The property is not currently being farmed and no prime farmland will be
taken out of production.
b. Section 24.4.2.2 -- 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 including open pit mining as a Use by Special Review in the Agricultural
zone district.
c. Section 24.423—The proposed uses will be compatible with existing surrounding land uses.
The site is currently being mined and the surrounding uses include other mining operations,
as well as existing businesses and Weld County offices.
i enT
981563
RESOLUTION,AmUSR-847
Weld County
Page 2
d. Section 24.4.2.4 -- 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. The Weld County Comprehensive Plan encourages sand and gravel mining
to occur prior to the development of the property. The City of Greeley reviewed the proposal
and unanimously recommended approval,as well as recommending that the applicant comply
with the City of Greeley Entryway Master Plan. However,the portion of the property adjacent
to Eleventh Avenue has been annexed to the City of Greeley and the Weld County Public
Works Department no longer has the authority to install such landscaping. The conditions of
approval do require the applicant to submit a landscaping plan to the Department of Planning
Services for review and approval.
e. Section 24.4.2.5-- Portions of the site are located within the flood plain. The conditions of
approval require that the applicant amend the existing Flood Hazard Development Permit to
reflect the proposed changes to the mining areas and comply with all FEMA requirements.
The proposal is not located within any other Overlay District Areas identified by maps officially
adopted by Weld County.
f. Section 24.4.2.6-- The applicant has demonstrated a diligent effort to conserve productive
agricultural land. The soils on this site have not been assigned a classification as to farmland
suitability by the USDA Soil Conservation Service and Colorado State University. Additionally,
the site is currently being mined under two separate special use permits. No prime farm
ground will be taken out of production.
g. Section 24.4.2.7—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. (Dept. of Planning Services)
2. Prior to recording the plat:
A. A dust abatement plan shall be submitted to the Weld County Health Department for approval.
The facility shall have sufficient equipment available to implement the dust control as required
by the Weld County Health Department. (Health Dept)
B. The existing Emission Permit shall be amended for the increased operation if the Colorado
Department of Health determines that such a modification represents a significant change in
emissions or production. (Health Dept)
4}°1563
RESOLUTION,AmUSR-847
Weld County
Page 3
C. The existing NPDES Permit shall be amended for the increased operation if the Water Quality
Division of the Colorado Department of Public Health and Environment determines that such
a modification represents a significant change in the discharge. (Health Dept.)
D. In accordance with the Above Ground Storage Tank Regulations (7 CCR 1101-14) a spillage
retention berm shall be constructed around the tank battery. The volume retained by the
spillage berm shall 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 Dept)
E. If applicable, the applicant shall obtain a storm water discharge permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division. (Health Dept)
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. (Dept of Planning Services)
Motion seconded by Christie Nicklas.
VOTE:
For Passage Against Passage
Glenn Vaad
Bruce Fitzgerald
Jack Epple
Marie Koolstra
Arlan Marrs
Christie Nicklas
Fred Walker
Stephan Mokray
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 April 21st, 1998.
Dated the 21st of ril, 1998.
Wendi Inloes
Secretary
981.563
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Weld County
AmUSR-847
1. The Amended Site Specific Development Plan and Special Use Permit is for an Open Cut Gravel Mine
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. (Dept. of Planning
Services)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County
Zoning Ordinance, as amended. (Dept. of Planning Services)
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. The facility shall utilize the existing municipal sewage treatment system. (Health Dept)
11. The facility shall utilize the existing municipal water supply. (Health Dept)
12. Adequate toilet facilities shall be provided for the employees. (Health Dept)
13. Landscaping shall be maintained at all times. Dead or diseased plant materials shall be replaced with
materials of similar quantity and quality. (Dept. of Planning Services)
14. All construction on the property shall be in accordance with the requirements of the Weld County
Building Code Ordinance. (Building Inspection Dept)
15. The open-cut gravel mining operation shall comply with Sections 44.4 and 44.5 of the Weld County
Zoning Ordinance. (Dept. of Planning Services)
16. 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.
(Dept. of Planning Services)
951.563
17. Any future construction within the floodplain shall require an amendment to the existing Flood Hazard
Development Permit. The site shall maintain compliance all FEMA requirements at all times. (Dept.
of Planning Services)
18. The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation
activities. Activities related to mining and reclamation are therefore under the jurisdiction of the Mine
Land Reclamation Board. However, Weld County has jurisdiction of those matters outlined in the
Development Standards. (Dept. of Planning Services)
19. 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. (Dept. of Planning Services)
20. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 44.4 of the Weld County Zoning Ordinance, as amended. (Dept. of Planning Services)
21. Personnel from the Weld County Health Department and Weld County Department of Planning
Services shall be granted access onto the property at any reasonable time in order to ensure the
activities carried out on the property comply with the Development Standards stated hereon and all
applicable Weld County regulations. (Dept. of Planning Services)
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. (Dept. of Planning Services)
23. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners. (Dept. of Planning
Services)
981563
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