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RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION
Moved by Glenn Vaad 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: USR-1125
NAME: Hall-Irwin Construction Company
ADDRESS: P.O. Box 519
Greeley, CO 80632
REQUEST: A Site Specific Development Plan and Special Review Permit for a dry sand and gravel
mining operation in the A(Agricultural) zone district.
LEGAL DESCRIPTION: A portion of Section 30 and 31, T6N, R66W of the 6th P.M., Weld County,
Colorado
LOCATION: West of and adjacent to 83rd Avenue (WCR 27); approximately 1/4 mile south of WCR
64 1/2.
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.
T. Policy 4.4 states, "The County should emphasize maintenance and upgrading of existing
transportation facilities over the provision of new facilities in order to protect its investment."
Through a road maintenance agreement with the County this development will ensure that
adequate maintenance of Weld County Road 27 is adhered to.
The Conditions of Approval and Development Standards will ensure that these goals and
policies are met. The Comprehensive Plan encourages the extraction of mineral resources
when the mining plan promotes reasonable and orderly development of mineral resources.
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."
962048
RESOLUTION, USR-1125
Hall-Irwin Construction Co.
Page 2
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 two residences to the northeast, the Cache La Poudre
River to the South and agricultural production to the north, west and east.
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 utility work within the Weld County Road right-of-way, a permit shall be attained from the
Weld County Public Works Department.
4. An individual sewage disposal system shall be installed according to the Weld County I.S.D.S.
regulations for the office, shop building, concrete plant, and any other structure constructed on the
site in which people will be working, congregating, bathing, etc. 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.
5. Prior to the Certificate of Occupancy acceleration and deceleration lanes shall be constructed on
Weld County Road 27 to accommodate truck traffic going north and south.
6. Prior to any activity in wetlands or streams the applicant shall contact the Department of the Army
Corps of Engineers.
7. The applicant shall apply for and obtain a Flood Hazard Development Permit for any use that lies in
the flood plain.
9r11.3,'.3
RESOLUTION, USR-1125
Hall-Irwin Construction Co.
Page 3
8. Prior to recording the plat:
a. The applicant shall enter into a road Maintenance and Improvements Agreement with the
Weld County Public Works Department for haul routes south from the entrance to WCR 27
north to and including the"O"Street intersection. The agreement shall also include from the
entrance to the facility south to Business US Highway 34. This agreement shall be approved
by the Board of County Commissioners.
b. The plat shall be amended to show the detail of the entrance specifically identifying the
acceleration and the deceleration lanes with lengths and tapers to accommodate tractor-
trailer traffic.
c. 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.
d. 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, concrete and asphalt batching. The site shall operate in accordance with al
applicable rules and regulations of the Air Pollution Control Division.
e. 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.
f. The applicant shall meet with Windsor Fire Protection District to determine the water supply
available for fire fighting operations. An agreement for fire protection between the applicant
and the Windsor Fire Protection District shall be submitted to the Department of Planning
Services.
Motion seconded by Cristie Nicklas.
VOTE:
For Passage Against Passage
Glenn Vaad
Cristie Nicklas
Rusty Tucker
Shirley Camenisch
Jack Epple
The Vice-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.
962048
RESOLUTION, USR-1125
Hall-Irwin Construction Co.
Page 4
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 October 1, 1996
Date this 1st day of October, 1996.
1°4 if—XLSLEC,61‘±
11 Boshinski
Secretary
962048
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Hall-Irwin Construction Company
USR-1125
1. The Site Specific Development Plan and Special Review Permit is for a 133 acres, more or less, dry
sand and gravel mining operation 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 be in conformance with the Weld County Flood
Regulations including:
a. NO fill, berms, or stockpiles shall be placed in he one hundred (100)year flood plain of the
Cache La Poudre River which would obstruct passage of flood flows.
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.
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 Windsor Fire Protection District, the U.S. Fish and Wildlife
Service and the Department of the Army Corps of Engineers.
12. 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.
962M8
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DEVELOPMENT STANDARDS, USR-1125
Hall-Irwin Construction Company
Page 2
13. 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.
14. 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.
15. 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.
16. 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.
962048
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