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Home My WebLink About982283.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Glenn Vaad that the following resolutions be introduced for passage by the Weld County Planning Commission, with the deletion of Conditions of Approval #2i and #2A, the amendment to Development Standard #1, the addition of Condition of Approval#4, with subsequent renumbering and lettering, and the amendment to the description adding concrete and asphalt batch plant. Be it resolved by the Weld County Planning Commission that the application for: orz _ CASE NUMBER: USR-1199 c n , r- APPLICANT: Western Mobile, Inc. O ADDRESS: 1590 W. 12th Ave., Denver, CO 80204 1-I PLANNER: Sheri Lockman I-n REQUEST: A Site Specific Development Plan and a Special Review Permit for Open Cut Gravel Mining and Concrete and Asphalt Batch Plant in the (A)Agricultural zone district.. The application will combine SUP-397, USR-809& USR-1132, as well as add 98 acres not included in prior permits. LEGAL DESCRIPTION: Part of Section 4, T2N, R68W and Part of Section 9, T2N, R68W of the 6th P.M., Weld County, Colorado. LOCATION: West of Weld County Road 7 and South and North of HWY 119 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. Section 24.3.1.1 --That the 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. This amendment addresses existing operations as permitted by SUP-397, USR-809& USR- 1132. b. Section 24.3.1.2--That the 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 --That the proposal will be compatible with the existing surrounding land uses. Surrounding land uses include agricultural and commercial activities, as well as other sand and gravel mining operations. d. Section 24.3.1.4 --That the proposed use will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by the Comprehensive Plan or Master Plans of affected municipalities. The site lies in the"limited site factors" area of the MUD. This area is designated for agricultural uses, low n density residential, primary drainage ways, mature riparian areas, floodplain and floodway r overlays. The majority of the Reclamation Plan includes areas for recreation and wildlife habitat. The Town of Mead had no conflicts with their interests, the Town of Frederick and I to The Town of Firestone did not comment. 982283 rw + • + RESOLUTION, USR-1199 Western Mobile Page 2 e. Section 24.3.1.5--The site is located within the Flood Hazard Overlay District area as shown on FEMA Panel Map #080266 0850 C 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. CM.Policy 5.4 of the Comprehensive Plan states"the operation will comply with County flood hazard regulations". f. Section 24.3.1.6-- No prime farm land will be taken out of production with this proposal. The majority of this property is already in operation, permitted by SUP-397, USR-809 and USR- 1132. 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 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 30 days of approval by the Board of County Commissioners. (Planning Dept.) 2. Prior to recording the plat: A. The plat shall be amended to delineate the following: 1. All plats will reflect the new alignment of Weld County Road 5.5. (Public Works Dept.) 2. Any new access to the county or state system should be identified and proper permits or documentation be in place prior to recording the plat. (Public Works) 3. The plat shall delineate the land holdings of prior permits SUP-397, USR-809 & USR-1132. (Planning Dept.) C. The applicant shall apply the existing road maintenance and improvement agreement and long term road maintenance and improvements agreement. The applicant is not proposing any new haul routes and shall adhere to the existing route. (Public Works) D. Any change in the existing operation would reflect an additional right-of-way dedication for county roads and possible upgrade paving to meet MUD standards. (Public Works) E. The applicants shall obtain a resolution vacating USR-397, USR-809 & USR-1132 and submit evidence to the Weld County Planning Department. (Planning Dept.) F. The applicant shall obtain a Flood Hazard permit for any new structures. (Planning Dept.) 982283 RESOLUTION, USR-1199 Western Mobile Page 3 G. The applicant shall submit any necessary air permit modifications or Air Pollution Emissions Notices to the Air Pollution Control Division, Colorado Department of Public Health and Environment. (Health Dept.) H. The operator shall review the current dust abatement program and submit an updated plan for approval to both the Weld County Planning Department and the Weld County Health Department and submit evidence of Health Department Approval to the Department of Planning Services. (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.) 4. The applicant is currently in process of being acquired by another company. At such time as the acquiring company becomes officially recognized by the Colorado Secretary of State, shall provide notice of such recognition to the Department of Planning Services staff, and submit tot he staff, copies of its Articles of Incorporation and Certificate of Good Standing. (County Attorney) Motion seconded by Stephan Mokray. VOTE: For Passage Against Passage Glenn Vaad Stephan Mokray Jack Epple Cristie Nicklas Arlan Marrs Fred Walker Bruce Fitzgerald Michael Miller 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 October 6,1998. Dated the 6th of October, 1998. i sad Wendi Inloes Secretary 982283 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Western Mobile, Inc. USR-1199 1. The Site Specific Development Plan and Special Use Permit are intended to replace the following previously approved Use By Special Review Permits SUP-397, USR-809 and USR-1132. The following development standards are for open pit sand and gravel mining operations, including the conveyance of excavated sand and gravel under Colorado State Highway 119, importation of sand and gravel material, processing and sales, and concrete and asphalt batch plant operations in the"A" (agricultural)Zone District as described in the previously submitted application materials on file with Weld County Department of Planning Services, as well as new application materials submitted under this special use permit, all of which is subject to the Development Standards stated herein the location of the asphalt and batch plant is limited to the area previously permitted under USR-1132. (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. The sand and gravel operation shall comply with operation policies identified in Section 44 of the Weld County Zoning Ordinance. Any violation of these regulations shall be grounds for cancellation of the Permit. (Planning Dept.) 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 the one hundred (100) year flood plain of the South Platte River which would obstruct passage of flood flows. (Planning Dept.) 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. (Planning Dept.) 5. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Health Department) 6. No permanent disposal of wastes shall be permitted at this site. (Health Department) 7. Fugitive dust shall be controlled on this site. (Health Department) 8. The maximum permissible noise level shall not exceed the residential limit of 80 dB(A), as measured according to 25-12-102, Colorado Revised Statutes. (Health Department) 9. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the faility area in a manner that will prevent nuisance conditions. (Health Dept.) 10. The NPDES Permit shall be modified from the Water Quality Control Division of the Colorado Department of Health for any additional discharge into State Waterways. (Health Dept.) 11. The site shall operate in accordance with all applicable rules and regulations of the Air Pollution Control Division. (Health Dept.) 12. The property owner or operator shall be responsible for complying with the Sign District Regulations of Section 2.8 of the Mixed Use Development Plan. (Planning Dept.) 982283 13. An individual sewage disposal system shall be installed according to the Weld County Individual Sewage Disposal Regulations for any 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 crusher, etc. for up to six months at each location. (Health Dept.) 14. A suitable supply of drinking water shall be provided for the employees. (Health Dept.) 15. The operation shall comply with the Mine Safety and Health Act(MSHA). (Health Dept.) 16. The operation shall comply with the Occupational Safety and Health Act(OSHA). (Health Dept.) 17. All construction on the property shall be in accordance with the Weld County Building Code Ordinance. (Planning) 18. The site shall maintain compliance with the Mountain View Fire Protection District, the U.S. Fish and Wildlife Service, the U.S.Army Corps of Engineers, and the Colorado Division of Minerals&Geology. (Planning Dept.) 19. Mining in the St. Vrain or Boulder Creek shall be prohibited. (Planning Dept.) 20. No excavation or processing of sand and gravel nor the creation of any reclaimed lake boundary shall be permitted nearer than 100 feet to the St. Vrain or Boulder Creek. (Planning Dept.) 21. All sand and gravel operations shall be conducted during the hours of day light except in the case of public or private emergency or to make necessary repairs to equipment. This restriction shall not apply to operation of administrative and executive offices or repair and maintenance facilities located on the property in accordance with Section 44.4.2 of the Weld County Zoning Ordinance. (Planning Dept.) 22. The conveyor crossing over Boulder Creek shall be elevated to allow the passage of canoes and small boats on the river. (Planning Dept.) 23. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly identify the boundaries of the site. (Planning Dept.) 24. No excavation shall occur within 25 feet of an easement. (Planning Dept.) 25. No excavation shall occur within 50 feet of State Highway 119. (Planning Dept.) 26. No excavation shall occur within 250 feet of any existing residence. (Planning Dept.) 27. Excavation-generated traffic shall utilize the approved haul road, Weld County Road 7, and shall maintain compliance with the existing improvements agreement. In addition, vehicular traffic shall ingress and egress onto Weld County Road 7 as shown on the Special Review plat. (Public Works Dept.) 28. Lighting provided for security and emergency night operation on the site shall be designed so that the lighting will not adversely affect surrounding property owners. (Planning Dept.) 29. The site shall be maintained in such a manner so as to prevent soil erosion, fugitive dust, and the growth of noxious weeds. The site shall be maintained in such a manner as to present a neat and well-kept appearance. (Planning Dept.) 30. Existing trees and ground cover along public road frontage and drainage ways shall be preserved, maintained, and supplemented, if necessary, for the depth of the setback in order to protect against and/or reduce noise, dust, and erosion. (Planning Dept.) 982283 31. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the reclaimed areas. (Planning Dept.) 32. 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.) 33. 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.) 34. The applicant shall remove, handle, &stockpile overburden, soil, sand and gravel from the ficility area in a manner that will prevent nuisance conditions. (Health Dept.) 35. There shall be no staging or parking along WCR 7. All parking, loading and off-loading shall be on- site. (Public Works) 36. Weld County Road 5.5 is designated on the 1-25 Mixed Use Development Comprehensive Plan Map, 2.2 Structural Transportation Network as a two-lane Collector road requiring 80 feet of right-of way. All setbacks should be from this measurement. (Public Works) 37. Land designated for future development in the reclamation plan will be required to meet Weld County and MUD requirements in future applications. This site is located in an area designated as "Limited Site Factors" . Table 2.1 in the Mixed Use Development Plan lists designated density and zoning as agricultural uses, low density residential, primary drainage ways, mature riparian areas,floodplain and floodway overlays. 38. Personnel from the Weld County Health Department and Weld County Planning Department 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 herein and all applicable Weld County Regulations. (Planning Dept.) 39. 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.) 40. 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.) 982283 Hello