HomeMy WebLinkAbout982156.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Glenn Vaad that the following resolution be introduced for passage by the Weld County
Planning Commission. Be if resolved by the Weld County Planning Commission that the application for: '
CASE NUMBER: 3rd AmUSR-877 �y
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APPLICANT: CAMAS Colorado, Inc O r
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PLANNER: Julie A. Chester = N
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ADDRESS: 3605 South Teller Street o
Lakewood, CO 80235
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Asphalt and — ✓)
Concrete Batch Plant and Gravel Mining Operation in the Agricultural Zone District
LEGAL DESCRIPTION: Parts of Section 7 &8, and parts of Sections 17 & 18, T2N, R68W of the
6th P.M., Weld County, Colorado
LOCATION: North of Weld County Road 20 '/s and south of State Highway 119, One mile west of Weld
County Road 7 and East of Weld County Road 1
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 and commercial activities, as well as other sand and gravel mining
operations in the general area.
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 Frederick, however the Town did
not respond. The City of Longmont did respond to the referral and indicated that the
proposal lies within the referral area of Longmont and in an area that the City has a lease
agreement with the applicant. The City of Longmont has agreed to allow mining to proceed
on Phase I of this application. The City indicated, verbally, that Phase II may need to be an
amendment to this application if any substantial changes are made at the time Phase II is
implemented.
EXHIBIT
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982156 - Arna54.4477
RESOLUTION, CAMAS
3rd AmUSR-877
Page 2
e. Section 24.3.1.5 --The proposal is located within the Flood Hazard Overlay District area as
shown on FEMA Panel Map#080266-0850C and within the Mixed Use Development area.
Conditions of approval and Development Standards address the issue of the floodplain.
MUD Policy 6.12 of the Weld County Comprehensive plan requires all new development to
comply with the mineral resource section of the plan which, as stated previously, CM.Goal
2 promotes the reasonable and orderly development of mineral resources.
f. Section 24.3.1.6-- No prime farm land 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
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.
h. Section 44--Additional requirements for Open-mining have been addressed through this
application and the Development Standards will insure 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 plat for 2nd AmUSR-877 was never recorded and certain conditions were not met. The
plat for 3rd AmUSR-877 shall be amended to include all properties for both Special Review
Permits and shall include all conditions of approval and Development Standards for 2nd
AmUSR-877. All conditions for both applications shall be considered to be under 3rd
AmUSR-877 and must be met.
2. 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 Dept.)
3. Prior to recording the plat::
A. An acceleration lane shall be placed adjacent to Weld County Road 20.5 to
accommodate the turning radius and the slow moving gravel haulers to gain speed
prior to entering the main travel lane. The applicant shall work with the Public Works
Department in determining lane width, length, and taper to accommodate the facility.
(Public Works Dept.)
B. The existing road maintenance and improvements agreement and long term road
maintenance and improvements agreement with Western Mobile, Inc., and C & M
Ready Mix Concrete Company shall be amended and approved by the Weld County
Board of Commissioners to allow truck traffic west on Weld County Road 20.5 to
Weld County Road 1 from the C & M entrance. (Public Works &2nd AmUSR-877)
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RESOLUTION, CAMAS
3rd AmUSR-877
Page 3
C. The 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 Dept.)
D. The applicant shall submit evidence that an NPDES permit has been obtained from
the Water Quality Control Division of the Colorado Department of Health for any
proposed discharge into state waterways. (Health Dept.)
E. The applicant shall submit evidence that the proposed access onto Weld County
Road 20.5 will comply with Weld County Public Works Department requirements as
addressed in the February 24, 1995, memorandum from Don Carroll. (Public Works
&2nd AmUSR-877)
F. The applicant shall apply for and receive approval from the Division of Minerals and
Geology for a technical revision to its Permit.
G. The existing Emission Permit shall be modified for the increased operation if the
Colorado Department of Health determines such a modification represents a
significant change in emissions or production. If the Colorado Department of Health
determines the increased 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. (Health Dept.&2nd AmUSR-877)
H. The applicant shall apply for the appropriate building permit and zoning permit for the
mobile home being stored on the property to replace an existing office. Additionally,
the plat shall be amended to include the location of the mobile home. (2nd AmUSR-
877)
The applicant shall apply and have approved a Flood Hazard Development Permit
for any structures located within the Flood Plain. (Planning)
J. The Historical Survey and Endangered Species Surveys that have been completed
by the applicant, must be submitted to the Department of Planning Services.
(Planning)
K. The following notes shall be placed on the plat:
1) 2nd AmUSR-877 plat was never recorded and will be incorporated into 3rd
AmUSR-877.
2) Mature trees on site shall not be disturbed to the greatest extent possible.
If the mature trees cannot be maintained, the applicant shall consult with the
Division of Wildlife and submit a replanting plan, approved by the Division
of Wildlife, to the Department of Planning Services. (2nd AmUSR-877)
3) The applicants shall submit a plan to the Department of Planning Services
indicating how the repairs of potholes along the haul route will be completed
in a more timely manner. (2nd AmUSR-877)
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RESOLUTION, CAMAS
3rd AmUSR-877
Page 4
4) The applicant shall meet with the Department of Planning Services and the
Public Works Department to renegotiate the existing Road Improvements
Agreement. Said agreement shall be submitted to the Board of County
Commissioners for approval. (2nd AmUSR-877)
5) The applicant shall address fugitive dust control with concerned citizens, in
compliance with Development Standard#7. (2nd AmUSR-877)
Motion seconded by Michael Miller.
VOTE:
For Passage Against Passage
Marie Koolstra
Glenn Vaad
Arlan Marrs
Cristie Nickles
Michael Miller
Bruce Fitzgerald
Jack Epple
The 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, Recorded 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 September 15,1998.
Dated the 15th
of Se tem er, 1998.
Wendi Inloes
Secretary
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BIGELOW/FRANK SCOTT
THIRD AMENDED USR#877
1. The Site Specific Development Plan and Third Amended Special Review Permit is for an asphalt and
concrete batch plant and Open Gravel Mining, in the A(Agricultural)Zone District as submitted in the
application materials on file and subject to the Development Standards stated herein.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County
Zoning Ordinance.
3. An Air Pollution Emission Notice(A.P.E.N.)and Emissions Permit application must be submitted to the
Air Pollution Control Division, Colorado Department of Health, for emissions of criteria, hazardous or
odorous air pollutants. Sources of such emissions include but are not limited to the following:
sandblasting operations, mining, spray paint booths, dry cleaners, haul road traffic, composting, boilers
and incinerators. (WCHD)
4. 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)
5. The property shall be maintained in compliance with Section 404 of the Clean Water Act. (WCHD)
6. All operations shall be in conformance with the Weld County Flood Hazard Overlay District Regulations,
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. Mature trees on site shall not be disturbed to the greatest extent possible. (Division of Wildlife)
8. No new access points shall be allowed from the site to any Weld County roads. (Public Works)
9. The maximum permissible noise level shall not exceed the light industrial limit of 80 db(A), as measured
according to 25-12-102, Colorado Revised Statutes. (WCHD)
10. Adequate toilet facilities shall be provided at this facility. These may consist of an absorption system,
a vault system or maintained port-a-potty facilities. (WCHD)
11. A NPDES Permit shall be amended for the increased operation, from the Water Quality Control Division
of the Colorado Department of Health for any proposed discharge into State waterways. (WCHD)
12. If improvements are required at any State highway access, a State Highway Access Permit must be
obtained from the Department of Transportation. (CDOT)
13. The concrete batch plant and asphalt batch plant located on Third Amended USR #877 shall not be
located or operated concurrently with a concrete batch plant or asphalt batch plant located on USR
#1046. (Planning)
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14. All construction on the property shall be in accordance with the requirements of the Weld County
Building Code Ordinance. (Building Inspection)
15. 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 Dept.)
16. 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.)
17. No permanent disposal of wastes shall be permitted at this site. (Health Dept.)
18. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing
debris, and other potential nuisance conditions. (Health Dept.)
19. Fugitive dust shall be controlled on this site. (Health Dept.)
20. 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.)
21. The operation shall comply with all applicable rules and regulations of the Colorado Division of Minerals
and Geology. (Health Dept.)
22. 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.)
23. Bottled water shall be supplied for drinking water on the site. (Health Dept.)
24. The operation shall comply with the Mine Safety and Health Act(MSHA). (Health Dept.)
25. The operation shall comply with the Occupational Safety and Health Act(OSHA). (Health Dept.)
26. The applicant shall adhere to legal load limits for any restricted bridges. (Public Works Dept.)
27. Tanks installed for flammable or combustible liquid storage or dispensing, either temporary or
permanent, shall be installed in accordance with the requirements of the Uniform Fire Code and plans
for the installation must be reviewed by the Fire District prior to installation. (Mountain View Fire
Protection District)
28. The applicant shall attempt to comply with all requirements of the Fire District. (Mountain View Fire
Protection District)
29. 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 Dept.)
30. 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 Dept.)
31. 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 Dept.)
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32. 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. (Planning Dept.)
33. 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 Dept.)
982156
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