HomeMy WebLinkAbout982587.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Mike Miller that the following resolution be introduced for passage by the Weld County Planning
Commission with the strike out of Condition of Approval#21 from the original comments and subsequent re-
lettering. Be it resolved by the Weld County Planning Commission that the application for
CASE NUMBER: AmUSR-672
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APPLICANT: Dick Coulson, Coulson Excavating
3609 North County Road 13, Loveland Colorado 80538
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PLANNER: Anne Best Johnson w smv
REQUEST: A Site Specific Development Plan and a Special Review Permit for an Amendment tb a stte
Specific Plan and Special Review Permit(USR 672)for a Sand and Gravel Mining Optratib'ii
(reduction in the total acreage and changing from wet to dry mining) in the A (Agriatural)
Zone District.
LEGAL DESCRIPTION: Part of the W2 of Section 29, T5N, R67W of the 6th P.M., Weld County, Colorado
LOCATION: South of and adjacent to WCR 54&west of and adjacent to WCR 15-112.
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 and Section 44 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 activities.
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 Town of Johnstown, however the Town did
not respond. The Town of Milliken did respond and had no conflict with the application. The
City of Greeley did respond and had no conflict with the application.
e. Section 24.3.1.5 --The proposal is located within the Flood Hazard Overlay District Areas
as identified by FEMA Community Panel #080266 0651C. Conditions of approval and
Development Standards address the issue of the floodplain.
f. Section 24.3.1.6 -- No prime farmland 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 Ott)
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 S
inhabitants of the neighborhood and county. s
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RESOLUTION, AmUSR-672
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h. Section 44 -- Additional requirements for Open Mining have been addressed through this
application and the Development Standards will ensure compliance with Section 44 of the
Weld County Zoning Ordinance, as amended.
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 Department).
2. Prior to recording the plat::
A. Any existing NPDES Permit shall be appropriately amended by the Water Quality Control
Division of the Colorado Department of Health. (Health Department).
B. Any existing emission permit shall be amended from the Air Pollution Control Division of the
Colorado Department of Public Health for emissions from the mining operations. If the
Colorado Department of Health determines the operation does not require a modification to
the existing Emission Permit, the applicant shall submit information to the Department of
Planning Services which indicates this. The site shall operate in accordance with all
applicable rules and regulations of the Air Pollution Control Division. (Health Department).
C. The operator/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 Department).
D. Bathroom facilities shall be provided for employees. If applicable, a septic system
and permit shall be required, or portable toilets may be utilized on sites which are
temporary locations of the working face and portable processing equipment, etc. for
up to six months at each location. (Health Department).
E. The applicant shall apply for the appropriate building permit for the office trailer to
be located on the property. Additionally, the plat shall be amended to include the
location of the office trailer. (Planning Department).
F. WCR 54 is designated on the Transportation Plan Map as a Collector Status road requiring
80 feet of right-of-way at full build out. Presently, there is 60 feet. The applicant shall reserve
an additional 10 feet of right-of-way for future build out adjacent to WCR 54. (Public Works
Department).
G. The applicant shall submit a storm water retention plan to the Weld County Public Works
Department. Evidence of Public Works Department approval shall be submitted to the
Department of Planning Services. (Public Works Department).
H. The applicant and/or owner shall resolve the violation with the Department of the Army,
Corps of Engineers in accordance with Section 404 of the Clean Water Act. (Department
of the Army, Corps of Engineers).
Water will be used at the site for dust control. Water will be applied to haul roads and
stockpiles. It is estimated by the applicant's representative that one load from a 3,000-gallon
capacity water truck twice a day Monday through Saturday for nine months is required for
dust control. This result may alter the consumptive use calculation in the application due to
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RESOLUTION, AmUSR-672
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the fact that the water for dust control was noted in the application to take place from Monday
through Friday, not including Saturday. Mining operations will take place Monday through
Saturday. If any calculation change is warranted, it should be made to appropriate agencies,
and amended in appropriate documents. (Health Department, Department of Planning
Services).
J. The applicant shall submit a landscaping and screening plan for the topsoil stockpiles located
along WCR 54, as pursuant to Section 24.7.3.13 of the Weld County Zoning Ordinance and
CM Policy 4.2 of the Weld County Comprehensive Plan. (Planning Department).
K. The operator shall submit evidence that he/she 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,
as pursuant to Section 44.4.10 of the Weld County Zoning Ordinance. (Planning Department).
L. 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 Department).
M. The following notes shall be placed on the final 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 Operation Standards. (USR-672:85:11).
The operator will maintain the reclaimed mine site until it has been stabilized and
vegetation is re-established. (Weld County Comprehensive Plan, CM Policy 5.6).
Motion seconded by Stephan Mokray.
VOTE:
For Passage Against Passage
Mike Miller
Cristie Nicklas
Arlan Marrs
Bruce Fitzgerald
Jack Epple
Stephan Mokray
The Vice-Chair 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 October 20,1998.
Dated the 20th of O berr 1199988..
O2,126.
Wendi Inloes
Secretary 982587
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
COULSON/AL CHALLENGER
FIRST AMENDED USR#672
1. The Site Specific Development Plan and First Amended Special Review Permit is for an Open Sand
and Gravel Mine 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.
(Planning Department).
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County
Zoning Ordinance, as amended. (Planning Department).
3. The open-pit gravel operation shall comply with the operation policies identified in Section 44.4 of the
Weld County Zoning Ordinance. Any violation of these regulations shall be grounds for the
cancellation of the Permit. (Planning Department).
4. All operations shall be in conformance with the Weld County Flood Hazard Overlay District
Regulations, as follows:
A) No fill, berms or stockpiles shall be placed in the one hundred (100)floodplain which
would obstruct passage of flood flows (Planning Department).
B) All fuel tanks, septic tanks, temporary buildings, and any other hazardous items that
might wash away during flooding shall be securely anchored and adequately flood-
proofed to avoid creation of a health hazard. Following completion of mining, all
temporary buildings shall be removed. (Planning Department).
5. 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).
6. No permanent disposal of wastes shall be permitted at this site. (Health Department).
7. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions. (Health Department).
8. Fugitive dust shall be controlled on this site. (Health Department).
9. The maximum permissible noise level shall not exceed the industrial limit of 80dB(A), as measured
according to 25-12-102, Colorado Revised Statutes. (Health Department).
10. 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).
11. Drinking water shall be supplied at the facility by delivered bottled water for employees. (Health
Department).
12. The facility must comply with the rules and regulations of the Colorado Division of Minerals
and Geology. (Health Department).
13. The applicant and the Weld County Public Works Department have a Road Improvements
Agreement in place for WCR 54. WCR 15.5 is not a portion of the designated route and will
not be used for heavy hauling. (Public Works Department).
14. 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 Department).
15. 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 Department).
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16. All parking and vehicle storage shall be provided on the site and not permitted within any public right-
of-way. (Public Works Department).
18. 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 Department.)
19. All construction on the property shall be in accordance with the requirements of the Weld;ounty
Building Code Ordinance. (Building Inspection).
20. 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 Department).
21. 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 a second 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 and to the Clerk to the Board. (Planning Department).
982587
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