HomeMy WebLinkAbout951314.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION �.
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMI$SSJONE,RS „
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Moved by Ron Sommer that the following resolution be introduced for passage by the Weld Co}�rptyri
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Commission. Be it resolved by the Weld County Planning Commission that the application fot:``-l1
CASE NUMBER: 2nd Amended USR-877
NAME: C & M Aggregates
ADDRESS: 3333 S. Wadsworth, Suite 210, Lakewood, CO 80227
REQUEST: A Site Specific Development Plan and Special Review permit for an asphalt and concrete batch
plant in the A (Agricultural) zone district
LEGAL DESCRIPTION: Part of the NW4 of Section 17, T2N, R68W of the 6th P.M., Weld County, Colorado
LOCATION: North of and adjacent to Weld County Road 20 1/2 and approximately 1 1/2 miles west of 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, 44.1,
44.2, and 44.3 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:
This proposal is consistent with the Weld County Comprehensive Plan's 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 City of Longmont
has reviewed this case and has no concerns.
The proposal is consistent with the intent of the Agricultural zone district and is provided for
as a Use by Special Review.
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: St.Vrain Creek, pasture, rural residences, and irrigated
crops.
Special Review Permit Development Standards will provide adequate protection of the health,
safety, and welfare of the neighborhood and county.
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.
95131♦
RESOLUTION: 2nd Amended USR-877
C&M Aggregates
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. Prior to recording the plat:
A. 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 1/2 to Weld County Road 1 from the C & M
entrance.
B. The applicant shall submit evidence that the proposed access onto Weld County Road 20 1/2
will comply with the Weld County Public Works Department requirements as addressed in the
February 24, 1995, memorandum from Don Carroll.
C. The applicant shall apply for and receive approval from the Division of Minerals and Geology
for a technical revision to their permit.
D. 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.
E. 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.
F. The following notes shall be placed on the plat:
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.
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.
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.
951314_,
RESOLUTION, 2nd Amended USR-877
C&M Aggregates
Page 3
The applicant shall address fugitive dust control with concerned citizens, in compliance
with Development Standard #7.
Motion seconded by Curt Moore.
VOTE:
For Passage Against Passage
Ron Sommer
Curt Moore
Judy Yamaguchi
Jack Epple
Marie Koolstra
Bud Clemons
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, Wendi Swanson, 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 March 21, 1995.
Dated the 21st of March, 1995.
Wendi Swanson
Secretary
951314
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
2nd Amended USR-877
1. The Site Specific Development Plan and Special Review permit is for an asphalt and concrete batch
plant 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. All Liquid and solid wastes shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination.
4. 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.
5. No permanent disposal of wastes shall be permitted at this site.
6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing
debris, and other potential nuisance conditions.
7. Fugitive dust shall be controlled on this site.
8. 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.
9. The property shall be maintained in compliance with Section 404 of the Clean Water Act.
10. 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.
11. Mature trees on site shall not be disturbed to the greatest extent possible.
12. No new access points shall be allowed from the site to any Weld County roads.
13. The site shall meet the codes and standards of the Mountain View Fire Protection District.
951314
Development Standards
2nd Amended USR-877
Page 2
14. 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.
15. 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.
16. 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.
17. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility
area in a manner that will prevent nuisance conditions.
18. Tanks for flammable or combustible liquid storage or dispensing, either temporary or permanent, need
to be installed in accordance with the requirements of the 1991 Edition of the Uniform Fire Code.
19. If improvements are required at any state highway access, a State Highway Access Permit must be
obtained from the Department of Transportation.
20. The Concrete Batch Plant and Asphalt Batch Plant located on USR 2nd Amended 877 shall not be
located or operated concurrently with a Concrete Batch Plant or Asphalt Batch Plant located on USR-
1046.
21. All construction on the property shall be in accordance with the requirements of the Weld County
Building Code Ordinance.
22. The property owner or operator shall be responsible for complying with the Design Standards of Section
24.5 of the Weld County Zoning Ordinance.
23. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 24.6, and 44 of the Weld County Zoning Ordinance.
24. Personnel from the Weld County Health Department, Weld County Department of Planning Services
and Mountain View Fire Protection 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.
25. 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.
26. 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.
951314
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