HomeMy WebLinkAbout962129.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Curt Moore 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-1095
NAME: Stanley L. & Shirley E. Odenbaugh
ADDRESS: 16124 Weld County Road 23, Platteville, CO 80651
REQUEST: Site Specific Development Plan and Use by Special Review permit for a wet pit sand and gravel
mine in the A(Agricultural) zone district.
LEGAL DESCRIPTION: Part of the W2 SW4 of Section 12, T3N, R67W of the 6th P.M., Weld County,
Colorado.
LOCATION: East of and adjacent to Weld County Road 23 and south of Weld County Road 36
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 and 44
of the Weld County Zoning Ordinance.
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 follows:
a. This proposal is consistent with the Weld County Comprehensive Plan's Agricultural, Mineral
Resources, Transportation and Urban Growth Boundary Goals and Policies. 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. The Town of Platteville has
reviewed this application and indicated that the proposed use complies with its Comprehensive
Plan.
b. This proposal is consistent with the intent of the Agricultural zone district and is provided for as
a Use by Special Review.
c. The uses permitted will be compatible with the existing surrounding land uses and with the future
development of the surrounding area as permitted by the Weld County Comprehensive Plan.
Surrounding land uses include: agricultural production, oil and gas structures and rural
residences.
d. The subject site is located in the Flood Hazard Overlay District area. Development Standards and
Conditions of Approval address this issue. No other overlay districts affect the site.
e. Special Review permit Development Standards will provide adequate protection of the health,
safety and welfare 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.
EXHIBIT
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962129
RESOLUTION, USR-1095
Stanley and Shirley Odenbaugh
Page 2
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 recording the Use by Special Review plat:
a. The applicants shall enter into a Road Maintenance Agreement with Weld County for
improvements to Weld County Road 23,from the entrance of the mining operation south to Weld
County Road 32.5. The Road Maintenance Agreement shall be approved by the Board of County
Commissioners.
b. A dust abatement plan shall be submitted to the Weld County Health Department for review and
approval. Evidence of approval of the dust abatement plan by the Health Department shall be
provided to the Department of Planning Services.
c. A stormwater discharge permit shall be obtained from the Colorado Department of Health, Water
Quality Control Division, if applicable.
d. The following note shall be placed on the plat:
NOTE: 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.
e. The applicants shall apply for a Flood Hazard Development permit for the proposed uses located
on the Special Review site.
f. An Air Pollution Emission Notice (A.P.E.N.) and Emissions permit application shall be submitted
to the Air Pollution Control Division, Colorado Department of Health.
4. Prior to scheduling a hearing with the Board of County Commissioners:
a, The applicants shall provide evidence to the Department of Planning Services indicating that a
water augmentation plan has been submitted to the Division of Water Resources for review and
approval, in accordance with the referral letter from John Schurer dated September 15, 1995.
b, The applicants shall provide evidence to the Department of Planning Services indicating that
application for a well permit has been made for the mining operation.
962129
RESOLUTION, USR-1095
Stanley and Shirley Odenbaugh
Page 3
Motion seconded by Shirley Camenisch.
VOTE:
For Passage Against Passage
Ron Sommer
Curt Moore
Ann Garrison
Marie Koolstra
Zachary Allely
Arlan Marrs
Shirley Camenisch
Richard Kimmel
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, Sharyn Frazer, 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 3, 1995.
Date e 3rd of October, 1995.
Daryn Fraz
Secretary
962129
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Stanley L. & Shirley E. Odenbaugh
USR-1095
1. The Site Specific Development Plan and Special Review permit is for a 6.6 acre, more or less, wet pit
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.
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. Any violation of these regulations shall be grounds for
cancellation of the permit.
4. The haul route shall be Weld County Road 23 south to Weld County Road 32.5, then east to U.S.
Highway 85 or west to Weld County Road 21 and then south to State Highway 66. At no time shall
heavy truck traffic associated with this use travel across restricted Bridge 32.5/23A, rated 17-27-28, if
the allowed weight limit is exceeded.
5. Hours of operation shall be daylight hours between 7:00 a.m.and 6:00 p.m., six days per week, Monday
through Saturday.
6. All operations shall be in conformance with the Weld County Flood Hazard Overlay District
requirements, including:
a. NO fill, berms, or stockpiles shall be placed in the one-hundred (100) year floodplain 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 floodproofed to avoid creation
of a health hazard. Following completion of mining, all temporary buildings shall be removed.
7. Owners and operators of the Special Review permit activity shall maintain compliance with the approved
road maintenance agreement with Weld County.
8. All liquid and solid wastes shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination.
9. No permanent disposal of wastes shall be permitted at this site.
10. .Waste materials shall be handled, stored and disposed in a manner that controls fugitive dust, blowing
debris, and other potential nuisance conditions.
11. Fugitive dust shall be controlled on this site.
12. 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.
13. An individual sewage disposal system is required for the proposed facility and shall be installed
according to the Weld County Individual Sewage Disposal Regulations. A vault system will be
acceptable.
962129
DEVELOPMENT STANDARDS, USR-1095
Stanley and Shirley Odenbaugh
Page 2
14. 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.
15. The mining facility shall have sufficient equipment available to implement the dust control, as required
by the Weld County Health Department.
16. The water augmentation plan must be approved by the State Division of Water Resources and a well
permit obtained for the mining operation prior to exposure of groundwater on the Special Review site.
17. All construction on the property shall be in accordance with the requirements of the Weld County
Building Code Ordinance.
18. The property owner or operator shall be responsible for complying with the Design Standards of
Section 24.5 of the Weld County Zoning Ordinance.
19. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 24.6 of the Weld County Zoning Ordinance.
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.
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. 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.
22. 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.
962129
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