The URL can be used to link to this page

Browse Search

Home My WebLink About990606.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Cristie Nicklas 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: 73 CASE NUMBER: USR-1215 APPLICANT: Weld County Public Works ADDRESS: P.O. Box 758, Greeley, CO 80632 -r PLANNER: Shen Lockman ,. i -i %REQUEST: A Site Specific Development Plan and a Special Review Permit for Open Cut Grave(mining in the (A)Agricultural zone district. LEGAL DESCRIPTION: Part of Lot 8 Lupton Meadows Subdivision Division III Replat, being part of Section 19, T2N, R66W of the 6th P.M., Weld County, CO LOCATION: North west of Ft. Lupton approximately 2 miles, located east of the intersection of WCR 20 and WCR 25 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. 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 activities, including a tree farm, as well as a sand and gravel mining operation to the west. To the north are home sites located on previously reclaimed gravel pits. 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 Reclamation Plan includes areas for wildlife habitat and a recreational lake. The City of Fort Lupton had no conflicts with their interests. 4. EXHIBIT 990606 USA RESOLUTION, USR-1215 Public Works 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 0866 C. Conditions of approval and Development Standards address the issue of the floodplain. 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 site is designated as "irrigated land, not prime" and "other" by the USDA Soil Conservation Service. 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 applicant shall submit to the department of Planning Services a recorded copy of an access agreement signed by all owners of property which is crossed by the access. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders reception number. (Planning Dept.) B. The applicant shall obtain a Flood Hazard permit for any new structures. (Planning Dept.) C. The applicant shall submit evidence that an Air Pollution Emission Notice (A.P.E.N.) And Emissions Permit have been obtained from 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. (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.) RESOULUTION, USR-1215 Public Works Page 3 E. The applicant shall submit a dust abatement plan to the Weld County Health Department for review and approval. Evidence of Health Department approval shall be submitted to the Department of Planning Services. (Health Dept.) F. The applicant shall apply for a Department of Army, 404 Clean Water Act permit and submit evidence of approval to the Department of Planning Services.(Planning Dept.) G. The applicant shall apply for and be approved for a Flood Hazard Development Permit for any development that will increase or decrease the base flood elevation in the flood plain as delineated on FEMA Panel Map #080266 0866 C, dated September 28, 1982. (Planning Dept.) H. The applicant shall submit a landscaping and buffering plan to the Weld County Planning Department for review and approval. (Planning 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 Michael Miller. VOTE: For Passage Cristie Nicklas Stephan Mokray Marie Koolstra Jack Epple Bruce Fitzgerald Michael Miller Bryant Gimlin 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 Commissioner's for further proceedings. CERTIFICATION OF COPY I, Jennifer Mehring, 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 2, 1999. Dated the 2nd of March, 1999. Jennifer Mehring Secretary RESOULUTION, USR-1215 Public Works Page 4 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Weld County Public Works USR-1215 1. The Site Specific Development Plan and Special Use Permit#1215 is for an open pit sand and gravel mining operation in the"A" (agricultural)Zone District as indicated in application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. (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 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.) 4. 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) 5. No permanent disposal of wastes shall be permitted at this site. (Health Department) 6. Fugitive dust shall be controlled on this site. (Health Department) 7. 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 Department) 8. 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.) 9. The facility shall utilize port-a-potties for employees. (Health Dept.) 10. A safe drinking water source shall be provided for the employees. (Health Dept.) 11. The operation shall comply with all applicable rules and regulations of the Colorado Division of Minerals and Geology. (Health Dept.) 12. The operation shall comply with all applicable rules and regulations of the Federal Emergency Management Agency including a Letter of Map revision if determined to be applicable. (Planning Dept.) 97U6,o 6, RESOULUTION, USR-1215 Public Works Page 5 13. The site shall maintain compliance with the U.S. Fish and Wildlife Service, and the U.S. Army Corps of Engineers. (Planning Dept.) 14. "No Trespassing"signs shall be posted and maintained on the perimeter fence to clearly identify the boundaries of the site. (Planning Dept.) 15. The applicant shall not encroach within 1/8 to 1/4 mile from established eagle hunting purches from November 15 through March 15. The applicant shall contact the Division of Wildlife to establish the location of hunting purches and the exact size of the buffer zone required. 16. The sand and gravel operation shall comply with operation policies identified in Section 44 of the Weld County Zoning Ordinance. (Planning Dept.) 17. 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.) 18. 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.) 19. 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.) 20. 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.) 21. 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.) Gj`0o,01a Hello