HomeMy WebLinkAbout982546.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Arlan Marrs 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-12000Q L
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APPLICANT: Dacotah Cement C L-r
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ADDRESS: PO Box 360
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PLANNER: Ben Patton C
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REQUEST: A Site Specific Development Plan and a Special Review Permit for a Cement Transfer
Facility
LEGAL DESCRIPTION: Part of the N2 of Section 25, T2N, R64W of the 6th P.M., Weld County, Colorado
LOCATION: East of and adjacent to WCR 59, south of and adjacent to WCR 18 extended
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 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. Section 24.3.1.1 --This proposal is consistent with the Weld County Comprehensive Plan,
as amended.
A. Goal 1 reads, "Preserve Prime farmland for agricultural purposes which foster the
economic health and continuance of agriculture". The unutilized portion of the USR property
will remain in agricultural uses.
A. Goal 2 states, "Allow Commercial and Industrial uses which are directly related to or
dependent upon agriculture to locate within Agricultural zoning when the impact to
surrounding properties is minimal, and where adequate services and infrastructure are
available." Concrete, and its constituent cement, are necessary to the farming industry.
Water, sewer, and transportation services are available to the site.
A. Goal 3 states, "Discourage residential, commercial, and industrial development which is
not located adjacent to existing incorporated municipalities. The subject property is adjacent
to the Town of Keenesburg, and is within its Urban Growth Boundary.
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 industrial activities.
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RESOLUTION, USR-1200
Dacotah Cement
Page 2
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. Currently, surrounding properties include agricultural open space and
industrial uses. The Town of Keenesburg has recently annexed 25 acres approximately 1/4
mile to the south of the proposed transfer facility which will eventually be developed as a
school.
e. Section 24.3.1.5--The proposal is not located within the Overlay District Areas identified by
maps officially adopted by Weld County.
f. Section 24.3.1.6--The applicant has demonstrated a diligent effort to conserve productive
agricultural land. The subject property is designated as"Prime"farmland by the USDA. The
portion of the property not used in the Cement Transfer Facility will remain in farming
production.
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.
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 Dept.)
2. Prior to recording the plat:
A. The applicant shall enter into a Road Maintenance Improvements Agreement with the Weld
County Public Works Department for upgrading and paving 1000 feet of Weld County Road
59, due to anticipated heavy hauling. The applicant shall refer to Section 10 of the Weld
County Subdivision Ordinance, which addresses Geometric Design Standards for roads. A
cross-section of the proposed improvements shall be placed on the plat. A designated
haul route will be established within the Improvements Agreement. (Public Works)
B. The applicant shall submit a parking plan to the Department of Planning Services for
review. Upon approval, the parking area shall be delineated on the plat. (Planning
Dept.)
C. The applicant shall submit a landscaping plan to the Department of Planning Services for
review. Upon approval the landscaped areas shall be delineated on the plat. (Planning
Dept.)
RESOLUTION, USR-1200
Dacotah Cement
Page 3
D. The applicant shall submit a Dust Abatement Plan to the Weld County Health Department for
review and approval (Health Dept.)
3. 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.)
Motion seconded by Cristie Nicklas.
VOTE:
For Passage Against Passage
Arlan Marrs
Cristie Nicklas
Jack Epple
Bruce Fitzgerald
Mike Miller
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 the 20th of October, 1998.
Dated the 20th of tober, 1998.
Wendi Inloes
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
1. The Site Specific Development Plan and Special Use Permit is for a Cement Transfer Facility in the
A (Agricultural) zone district, as indicated in the application materials on file in the Department of
Planning Services and subject to the Development Standards stated hereon. (Planning Dept.)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County
Zoning Ordinance, as amended. (Planning Dept.)
3. 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.)
4. No permanent disposal of wastes shall be permitted at this site. (Health Dept.)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Health Dept.)
6. Fugitive dust shall be controlled on this site. (Health Dept.)
7. 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 Public Health and Environment. A copy
of the application shall be submitted to the Weld County Health Department. (Health Dept.)
8. 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.)
9. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A), as measured
according to 25-12-102, Colorado Revised Statutes. (Health Dept.)
10. An individual septic disposal system is required for the proposed facility and shall be installed
according to the Weld County Individual Sewage Disposal Regulations. The septic system is required
to be designed by a Colorado Registered Professional Engineer according to the Weld County
Individual Sewage Disposal Regulations. (Health Dept.)
11. Adequate toilet facilities shall be provided for employees and visitors of the site. (Health Dept.)
12. The applicant shall apply for a well permit through the Colorado Department of Public Health
and Environment, Water Resource Division. If this well serves 25 or more people, the water
system shall comply with the requirements for a community water system as defined in the
Primary Drinking Water Regulations (5 CCR-1003-1). (Health Dept.)
13. If necessary, the applicant shall obtain a stormwater discharge permit from the Colorado Department
of Public Health and Environment, Water Quality Control Division. (Health Dept.)
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 Dept.)
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 Dept.)
16. 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.)
17. 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.)
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 Dept.)
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