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Home My WebLink About972796.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Stephan Mokray that the following resolution, with the addition of Condition of Approval Number 5i and Development Standard Number 15 and subsequent renumbering, and the change of wording of Ski Lake to the Lake involved in phase one, be introduced for passage by the Weld County Planning Commission. Be is resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-1172 APPLICANT: Hall-Irwin Construction Company ADDRESS: 3026 Fourth Avenue Greeley, CO 80631 PLANNER: Shani L. Eastin REQUEST: A Site Specific Development Plan and Special Review Permit for a Dry Sand and Gravel Mining Operation in the A (Agricultural) Zone District. LEGAL DESCRIPTION: W2NW4 of Section 31, SE4 and S2NE4 of Section 36 all in T1N, R67W of the 6th P.M., Weld County, Colorado LOCATION: North of and adjacent to Weld County Road 2; East of and adjacent to Weld County Road 23'/ 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 - 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." This proposal encourages the extraction of mineral resources prior to any development on the site. The site has not been developed. Currently the site is fenced pasture land. T. Policy 4.4 further states, "The County should emphasize maintenance and upgrading of existing transportation facilities over the provision of new facilities in order to protect its investment." A road maintenance agreement between Adams County and the applicant will ensure that adequate maintenance of Weld County Road 2 is adhered to. A.Goal 5. also states that the extraction of mineral and oil and gas resources should preserve or minimize the impact on prime agricultural land. The subject property is not prime farm ground. The impact on surrounding agricultural areas will be minimal. 972796 4 EXHIBIT jTB RESOLUTION, USR-1172 Hall-Irwin Page 2 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. b. Section 24.3.1.2- The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review. c. Section 24.3.1.3- The uses permitted will be compatible with the existing surrounding land uses and with the future development of the surrounding areas as permitted by the Weld County Comprehensive Plan, as amended. Surrounding land uses include two residences to the west, residential uses and the South Platte River to the east, pasture land to the north, Adams County and sand and gravel mining to the south. Adams County reviewed this request and offer comments that have been incorporated into the Conditions of Approval. d. Section 24.3.1.4 - That the uses which would be permitted 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 surrounding zoning is predominantly agricultural which would encourage sand and gravel mining to occur prior to the development of the property. e. Section 24.3.1.5 - That the application complies with the Weld County Zoning Ordinance, Section 50, Overlay District Regulations. Portions of the subject site are in the Flood Hazard Overlay District Area as identified on FEMA Community Panel 080266 0995 C and 080266 0983 C dated September 28, 1982. Development Standards and Conditions of Approval address this issue. f. Section 24.3.1.6 - That the applicant has demonstrated a diligent effort has been made to conserve productive agricultural land in the locational decision for the proposed use. The subject property is not considered prime farm ground. g. Section 24.3.1.7- That adequate provisions for the protection of the health, safety and welfare of the inhabitants of the neighborhood and the county have been addressed. Conditions of Approval and the Development Standards will ensure public safety and welfare. 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. 972796 RESOLUTION, USR-1172 Hall-Irwin Page 3 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.(Planning) 2. 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) 3. Prior to any activity in wetlands or streams the applicant shall contact the Department of the Army Corps of Engineers. (Planning) 4. The applicant shall apply for and obtain a Flood Hazard Development Permit for any use that lies in the floodplain as identified on FEMA Community Panel 080266 0983 C and 080266 0995 C, dated September 28, 1982. (Planning) 5. Prior to recording the plat: a. The applicant shall enter into a Road Maintenance and Improvements Agreement with Adams County for haul routes east from the entrance on Weld County Road 2 (168th Avenue) to State Highway 85. A copy of an approved agreement shall be submitted to the Department of Planning Services. (Planning) b. The plat shall be amended to show the detail of the entrance specifically identifying the acceleration and the deceleration lanes with lengths and tapers to accommodate tractor-trailer traffic. (Public Works/Planning) c. 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.(Health Dept.) d. An Air Pollution Emission Notice and emission permit shall be obtained from the Air Pollution Control Division of the Colorado Department of Public Health for emissions from the mining operations. The site shall operate in accordance with al applicable rules and regulations of the Air Pollution Control Division. (Health Dept.) e. The operator shall submit a dust abatement plan to the Weld County Health Department for review and approval. A copy of the approved plan shall be submitted to the Department of Planning Services. (Health Dept.) 972796 RESOLUTION, USR-1172 Hall-Irwin Page 4 f. The plat map shall be amended to show an additional dedicated 20 feet of right-of- way from the center line of Weld County Road 2 for a total of 50 feet. (Public Works) g. The applicant shall submit to the Department of Planning Services a well mitigation plan. The plan shall address and insure ground water levels, well protection, and water delivery for surrounding well users. The plan shall also address procedures to mitigate any well damages. (Planning) h. The applicant shall submit written evidence that all concerns as stated in documentation submitted from Bataa Oil, Inc., to the Department of Planning Services have been adequately addressed. (Planning) The applicant shall supply a copy of the substitute supply plan to the Department of Planning Services. Motion seconded by Marie Koolstra. VOTE: For Passage: Against Passage: Arlan Marrs Marie Koolstra Glenn Vaad Stephan Mokray Rusty Tucker 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 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 November 4, 1997. Dated the 4th of ove er, 1997. wiry Wendi Inloes Secretary 972'796 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Hall-Irwin Construction Company USR-1172 1. The Site Specific Development Plan and Special Review Permit is for a 201.61 acres, more or less, Dry Sand and Gravel Mining Operation 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.(Planning) 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance.(Planning) 3. The sand and gravel operation shall comply with operation policies identified in Sections 44.4, 44.5 and 44.6 of the Weld County Zoning Ordinance, as amended. Any violation of these regulations shall be grounds for cancellation of the permit.(Planning) 4. All Operations on said described parcel shall be in conformance with the Weld County Flood Regulations including: (Planning) 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. 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. 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 Dept.) 6. No permanent disposal of wastes shall be permitted at this site.(Health Dept.) 7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions.(Health Dept.) 8. Fugitive dust shall be controlled on this site.(Health Dept.) 9. 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.) 10. 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.) 11. No permanent structures are proposed for this site. Portable toilets may be utilized on sites which are temporary locations of the working face and portable processing equipment, etc. for up to six months at each location. (Health Dept.) 972796 12. Drinking water shall be supplied at the aggregate processing plants by delivered bottled water. (Health Dept.) 13. The facility must comply with the rules and regulations of the Colorado Division of Minerals and Geology. (Health Dept.) 14. There will be no heavy hauling permitted on Weld County Road 23'/ adjacent to the proposed gravel operation. All ingress and egress to the site will occur onto Weld County 2 (168th Avenue). (Public Works) 15. There will be no stagging or parking of sand and gravel trucks shall be allowed on Weld County Road 2 (168th Avenue). (Planning) 16. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. (Planning) 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) 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) 19. 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) 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. 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.(Planning) 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) 972796 Hello