HomeMy WebLinkAbout962342.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-809
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NAME: JCK Gravel, Inc.
ADDRESS: 4250 W. 16th St., #46, Greeley, CO 80631
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PLANNER: Todd A. Hodges
REQUEST: A Site Specific Development Plan and Special Review Permit for an open-pit sand and gravel
mining operation, asphalt and concrete batch plants and materials conveyance as submitted
in the application materials, located in the A(Agricultural) zone district. `•,7
LEGAL DESCRIPTION: Located in Section 4, T2N, R68W of the 6th P.M., Weld County, Colorado
LOCATION: North 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 809 which includes the conveyance of materials under SH 119 across
AmUSR-809 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
south, agriculture and commercial activities to the east, residential development to the west
and agricultural to the north.
962342
RESOLUTION, Am USR-809
JCK Gravel, Inc.
Page 2
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.
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.
962342
RESOLUTION, Am USR-809
JCK Gravel, Inc.
Page 3
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.
e. The plat shall be amended to show the proposed re-alignment of Weld County Road
5.5.
f Recorded exemption application 1943 shall be reviewed, approved and all conditions met.
g. The following note shall be placed on the plat:
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 Mined Land Reclamation Board; however, Weld County has jurisdiction of
those matters outlined in the Development Standards.
Motion seconded by Cristie Nicklas.
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.
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ecretary
962342
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JCK Gravel, Inc.
AmUSR-809
1. The Site Specific Development Plan and Special Review Permit is for a dry sand and gravel mining
operation, importation of sand and gravel material from AmUSR-397 to USR-1132, 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 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.
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. No Trespassing signs shall be posted and maintained on the perimeter fence and maintained
to clearly identify the boundaries of the site.
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DEVELOPMENT STANDARDS, Am USR-809
JCK Gravel, Inc.
Page 2
16. No excavation shall occur within 25 feet of an easement.
17. No excavation shall occur within 50 feet of State Highway 119.
18. No excavation shall occur within 250 feet of any existing residence.
19. Vehicular traffic shall ingress and egress onto Weld County Road 7 as shown on the Special Review
plat. No access to the site shall be allowed from Weld County Road 5 1/2.
20. Lighting provided for security and night operation on the site shall be designed so that the
lighting will not adversely affect surrounding property owners.
21. 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.
22. 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.
23. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the
excavated area.
24. An individual sewage disposal system or a vault shall be used as the sewage disposal system for the
site. The system or vault shall be installed according to the Weld County Individual Sewage Disposal
Regulations.
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.
962342
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