HomeMy WebLinkAbout20081214.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Zadel Family LLP Case Number AmUSR-1394
Submitted or Prepared
• Prior to At
Hearing Hearing
PC Resolution
1 Staff Comments X
Department of Planning Services Field Check Form X
Planning Commissioner Field Check Form X
Letter to Applicant X
N Affidavit of sign posting X
N. 2 Legal Notifications X
"4 3 Application X
N. 4 Referral List X
Referrals without comment X
Weld County Zoning Compliance, referral received 11/27/07 X
Fort Lupton Fire Protection District, referral received 12/3/07 X
City of Fort Lupton, referral received 12/3/07 X
• Referrals with comments X
5 Platte Valley Soil Conservation District, referral received 1/17/08 X
DCP Midstream, referral received 12/3/07 X
N. Weld County Planning, Landscape, referral received 12/3/07 X
Department of Natural Resources, referral received 1/9/08 X
Weld County Department of Public Health and Environment, referral X
received 1/24/08
State of Colorado, Division of Water Resources, referral received X
12/12/07
X
Colorado Department of Transportation, referral received 12/6/07
US Army Corps of Engineers, referral received 12/6/07 X
Weld County Department of Public Works, referral received 12/12/07 X
and 1/8/08
Weld County Department of Building Inspection, referral received
11/28/07
•
N (G Maps X EXHIBIT
7 Deed/ Easement Certificate X
2008-1214 VaR t
g Surrounding Property/ Mineral Owners X
N.., 9 Utilities X
N. 10 Soil Survey X
,, PC Exhibits X
�' 11,A Map of Haul Route X
N' 11.E Map of Reclamation X
N X
11.e' Map of Gravel Mining
I hereby certify that the twenty items identified herein were submitted to the Department of Planning
Services at or prior to the scheduled/43o rdd,If 9 7nty Co ners hearing.
Michelle Martin I Planner
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•
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LANDUMMARYSHEET
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COLORADO
Planner: Michelle Martin
Case No.: AmUSR-1394 Hearing Date: February 19, 2008
Applicant: Zadel Family LLLP
Address: 14802 W. 44h Avenue, Golden CO 80403
Request: An Amended Site Specific Development Plan and a Special Review Permit for a Mineral
Resource Development facility (including a Concrete and Asphalt Batch Plant, Materials
Blending, Import of Materials and Gravel Mining)in the A(Agricultural)Zone District. (NCCI
Pit#1)
Legal: Lots 3-7, part of Lot 11 and all of Lot 12 in Lupton Meadows Subdivision together with the
former right of way of the Denver Larimer and Northwester railroad all in Section 24, T2N,
R67W of the 6th P.M., Weld County, CO
• Location: North of and adjacent to County Road 18 and west of and adjacent to County Road 25
Area included in Use by Special Review
USR Size: 175 +/- acres Area to be Mined: 111 +/-acres
Parcel No.'s: 131124101008, 131124101009, 131124101010, 131124101004, 131124101011,
131124101012
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received responses from the following agencies:
•
Weld County Zoning Compliance, referral received 11/27/07
• City of Fort Lupton, referral received 12/3/07
•
Fort Lupton Fire Protection District, referral received 12/3/07
• State of Colorado, Division of Water Resources, referral received 12/12/07
• US Army Corps of Engineers, referral received 12/6/07
•
Colorado Department of Transportation, referral received 12/6/07
•
Weld County Department of Public Works, referral received 12/12/07 and 1/8/08
Weld County Department of Building Inspection, referral received 11/28/07
• Weld County Department of Public Health and Environment, referral received 1/24/08
• State of Colorado, Division of Minerals and Geology, referral received 1/9/08
Weld County Planning, Landscape, referral received 12/3/07
• Platte Valley Soil Conservation District, referral received 1/17/08
• EXHIBIT
AmUSR-1394,Zadel Family LLLP, Page 1 PF
. The Department of Planning Services' staff has not received responses from the following agencies:
• Weld County Sheriff's Office
• Weld County Paramedic Services
•
Colorado Division of Wildlife
Town of Firestone
Town of Frederick
Weld County School District RE-8
Little Dry Creek Ditch
• Sand Hill Reservoir
• Lupton Meadows Ditch
• Lupton Bottoms Ditch
• United Power
•
PCP Midstream
•
AmUSR-1394,Zadel Family LLLP, Page 2
•
Atv\\t
SPECIAL REVIEW PERMIT
COLORADO ADMINISTRATIVE REVIEW
Planner: Michelle Martin
Case No.: AmUSR-1394 Hearing Date: February 19, 2008
Applicant: Zadel Family LLLP
Address: 14802 W. 44`" Avenue, Golden CO 80403
Request: An Amended Site Specific Development Plan and a Special Review Permit for a Mineral
Resource Development facility(including a Concrete and Asphalt Batch Plant, Materials
Blending, Import of Materials and Gravel Mining) in the A (Agricultural)Zone District.
(NCCI Pit#1)
Legal: Lots 3-7, part of Lot 11 and all of Lot 12 in Lupton Meadows Subdivision together with the
former right of way of the Denver Larimer and Northwester railroad all in Section 24, T2N,
• R67W of the 6th P.M., Weld County, CO
Location: North of and adjacent to County Road 18 and west of and adjacent to County Road 25
Area included in Use by Special Review
USR Size: 175 +/- acres Area to be Mined: 111 +/- acres
Parcel No.'s: 131124101008, 131124101009, 131124101010, 131124101004, 131124101011,
131124101012
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Department of Planning Services'staff that the applicant has shown compliance
with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinances in effect. Section 22-5-80.A (CM Goal 1) states:
"Conserve lands which provide valuable natural mineral deposits for potential future use in
accordance with state law." The proposed mine area contains a valuable sand and gravel
deposit, therefore, permitting of this site for this use will ensure that material is available to
meet future needs. Further, Section 22-5-70.A states"The County recognizes that mineral
resource extraction is an essential industry. The availability and cost of materials, such as
• sand and gravel, have an economic affect on the general construction and highway
construction industry." Permitting of this site for this use will ensure that material is available.
AmUsr-1394 Zadel Family LLLP, Page 3
•
Section 22-5-80.B(CM.Goal 2)states,"Promote the reasonable and orderly development of
mineral resources." The proposed Use by Special Review (USR) proposes to mine
additional lands as existing mineral reserves are depleted from the current site(USR-1394).
USR-1394 was approved by the Board of County Commissioners on September 24, 2003
for a Mineral Resource Development Facility(Dry Open Pit Mining for Sand and Gravel)on
102 acres. The proposed amendment includes an additional 73 acres of adjacent property.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District.Section 23-3-40.A and Section 23-3-40.A.4 of the Weld County Code provides
for a Site Specific Development Plan and a Special Review Permit for a Mineral Resource
Development facility including a Concrete and Asphalt Batch Plant, Materials Blending,
Import of Materials and Gravel Mining in the A(Agricultural)Zone District.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. Existing land uses surrounding the property are typically agricultural
and rural residential in use. Additionally, in the area there are several Use by Special
Reviews approved by the Board of County Commissioners: north of the site is SUP-426 for
a gravel mining operation,south USR-1255 for a gravel operation, and east of the site USR-
986 for an oil and gas facility. There are fourteen (14) property owners within five hundred
(500) feet of this proposed development. Weld County has not received any letters or
telephone calls from surrounding property owners. The site was currently approved by the
Board of County Commissioners on September 24, 2003 for a Mineral Resource
Development Facility (Dry Open Pit Mining for Sand and Gravel) on 102 acres therefore
based on the exiting permit and the surrounding uses the proposed expansion of mining
• operation is compatible with the existing land uses.
D. Section 23-2-220.A.4 -- The uses which will 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 Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities.The subject property lies within the three-mile referral area of the City of Fort
Lupton, Town of Firestone, and the Town of Frederick. The City of Fort Lupton returned a
referral dated 11/30/07 stating they had reviewed the request and find no conflicts with their
interests.Weld County has not received a referral from the Towns of Firestone and Frederick
regarding this proposal. Planning Staff believes that,with the endorsement of the Conditions
of Approval, contained in this recommendation, the approval of this use will not jeopardize
the health, safety and welfare of the surrounding property owners.
E. Section 23-2-220.A.5--The application complies with Section 23-5-230 of the Weld County
Code. The proposal is located within the Flood Hazard Overlay District area as delineated
on FIRM Community Panel Map#080266-0866C and 080266-0868C dated September 28,
1982. The Department of Public Works in their referral dated 1/8/08 will require the applicant
to amend FHDP-481 if the proposed development is approved.
Effective January 1, 2003, Building Permits issued on the subject site will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the Storm
water/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
• F. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. The subject site is classified
AmUsr-1394 Zadel Family LLLP, Page 4
• as "Irrigated land not prime and "other"as delineated on the Important Farmlands of Weld
County map, dated 1979. The applicant is not using any prime agricultural land in the
proposed development.
G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), 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 23-4-250 --Additional requirements for open-mining have been addressed through
this application and the Development Standards will ensure compliance with Section 23-4-
250 Weld County Code.
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 Department of Planning Services'staff recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1. All sheets shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
2. All sheets shall be labeled AmUSR-1394 (Department of Planning Services)
3. All existing and future oil and gas facilities, drill envelopes, and setbacks, if
applicable. (Department of Planning Services)
4. The attached Development Standards associated with this application.(Department
of Planning Services)
5. The location of any on-site signs, including all appropriate stop signs, speed limit
signs, haul route designation signs shall be posted at both entrances. (Department
of Planning Services)
6. County Road 18 is classified by the County as a collector road,which requires a 80
foot right-of-way at full build out. The applicant shall verify the existing right-of-way
and the documents creating the right-of-way. If the right-of-way cannot be verified,
it shall be dedicated. The plat shall delineate the existing right-of-way and the
documents which created it along with any additional right-of-way reservation
required. (Department of Public Works)
7. County Road 25 is classified by the County as a local paved road, which requires a
60 foot right-of-way at full build out. The applicant shall verify the existing right-of-
way and the documents creating the right-of-way. If the right-of-way cannot be
verified, it shall be dedicated. The plat shall delineate the existing right-of-way and
the documents which created it. (Department of Public Works)
8. The location of all permanent structures, i.e., scale house,truck scale, all buildings
and/ or structures and known areas for "portable" machinery associated with this
• land use application. (Department of Planning Services)
AmUsr-1394 Zadel Family LLLP, Page 5
• 9. The new location of the irrigation ditch and the reception number of the ditch
agreement. (Department of Planning Services)
10. All proposed landscaping shall be located outside of the existing and future right of
way. (Department of Planning Services)
B. All septic systems located on the property shall have appropriate permits from the Weld
County Department of Public Health & Environment. The Environmental Health Division of
the Weld County Department of Public Health & Environment was unable to locate a septic
permit for the residence on the expansion parcel. Any existing septic system(s)which is not
currently permitted through the Weld County Department of Public Health&Environment will
require an I.S.D.S. Evaluation prior to the issuance of the required septic permit(s). In the
event the system(s) is found to be inadequate, the system(s) must be brought into
compliance with current I.S.D.S. regulations. Evidence of the Weld County Department of
Public and Environment approval shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
C. The applicant shall either submit a copy of an agreement with the property's mineral
owner/operators stipulating that the oil and gas activities have been adequately incorporated
into the design of the site or show evidence that an adequate attempt has been made to
mitigate the concerns of the mineral owner/operators. The plat shall be amended to include
any possible future drilling sites and/or setbacks. (Department of Planning Services)
D. The applicant shall provide clarification on the status of permit SP-0300479 to the Weld
County Department of Public Health and Environment. Evidence of the Weld County
• Department of Public and Environment approval shall be submitted to the Department of
Planning Services. (Department of Public Health and Environment)
E. The applicant shall provide clarification on the status of the vault system for the scale house.
Evidence of the Weld County Department of Public and Environment approval shall be
submitted to the Department of Planning Services. (Department of Public Health and
Environment)
F. The applicant shall submit a Landscape Plan identifying the number, size and species of all
plant material to the Department of Planning Services for review and approval.This plan shall
include specifications of any proposed berm's, if required. The applicant shall also provide
written evidence on how the proposed landscaping will be irrigated. (Department of Planning
Services)
G. The applicant shall provide written evidence to the Department of Planning Services that all
issues involving water rights, including a water court approved plan for augmentation or
substitute water supply plan has been approved by the State of Colorado, Division of Water
Resources. (Department of Planning Services)
H. Written evidence of approval or obtaining approval from the Colorado Division of Minerals
and Geology(DMG)for a permit to mine the resource shall be submitted to the Weld County
Department of Planning Services. (Department of Planning Services)
The applicant shall enter into an Improvements Agreement according to policy regarding
collateral for improvements and post adequate collateral for all required improvements. The
agreement and form of collateral shall be reviewed by County Staff and accepted by the
Board of County Commissioners prior to recording the AmUSR plat. The improvements
•
AmUsr-1394 Zadel Family LLLP, Page 6
• agreement will not be needed if the necessary improvements are done to the satisfaction of
the Department of Public Works and the Department of Planning Services. (Department of
Planning Services)
J. The applicant shall address the requirements (concerns)of Platte Valley Soil Conservation
District, as stated in the referral response dated 12/19/07. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Platte Valley Soil
Conservation District)
K. The applicant shall address the requirements(concerns)of the Weld County Department of
Planning Services Landscape referral as stated in the referral response dated 12/3/07.
Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services. (Department of Planning Services)
L. The applicant shall address the requirements(concerns)of the Weld County Department of
Public Works, as stated in the referral response dated 12/11/07 and 1/8/08. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Public Works)
M. The applicant shall address the requirements (concerns) of the Colorado Department of
Transportation, as stated in the referral response dated 12/3/07. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Colorado
Department of Transportation)
N. The applicant shall either submit a copy of an agreement with the Sand Hill Reservoir and
• Ditch Company stipulating that the ditch companies activities have been adequately
incorporated into the design of the site or show evidence that an adequate attempt has been
made to mitigate the concerns of the ditch company. The plat shall be amended to include
any possible requirements/concerns of the ditch company. (Department of Planning
Services)
O. The applicant shall attempt address the requirements(concerns)of the DCP Midstream, as
stated in the referral response dated 11/30/07. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Colorado Department of
Transportation)
2. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of
the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The
Mylar plat and additional requirements shall be submitted within thirty(30)days from the date of the
Board of County Commissioners resolution. The applicant shall be responsible for paying the
recording fee. (Department of Planning Services)
3. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Amended Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format
type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This
digital file may be sent to maps(.co.weld.co.us. (Department of Planning Services)
4. 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. (Department of Planning Services)
AmUsr-1394 Zadel Family LLLP, Page 7
5. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005,should the plat not
be recorded within the required sixty (30) days from the date the Board of County Commissioners
resolution was signed a $50.00 recording continuance charge may be added for each additional 3
month period. (Department of Planning Services)
•
•
AmUsr-1394 Zadel Family LLLP, Page 8
• AN AMENDED SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Zadel Family LLLP
AmUSR-1394
1. An Amended Site Specific Development Plan and a Special Review Permit for a Mineral Resource
Development facility including a Concrete and Asphalt Batch Plant, Materials Blending, Import of
Materials and Gravel Mining in the A (Agricultural) Zone District. (NCCI Pit #1) (Department of
Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30 20
100.5, C.R.S., as amended)shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Department of Public Health and Environment)
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and
Facilities Act, 30 20 100.5, C.R.S., as amended. (Department of Public Health and Environment)
5. Waste materials shall be handled,stored,and disposed in a manner that controls fugitive dust, blowing
debris, and other potential nuisance conditions. (Department of Public Health and Environment)
6. Fugitive dust shall be controlled on this site. The facility shall be operated in accordance with the
approved dust abatement plan at all times. (Department of Public Health and Environment)
7. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in 25 12 103 C.R.S., as amended. (Department of Public Health and Environment)
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. (Department of Public Health and
Environment)
9. The applicant shall operate in accordance with the approved "waste handling plan". (Department of
Public Health and Environment)
10. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility.
(Department of Public Health and Environment)
11. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment)
12. If applicable,the applicant shall obtain a stormwater discharge permit from the Colorado Department
of Public Health & Environment, Water Quality Control Division. (Department of Public Health and
Environment)
13. Adequate toilet facilities (port-a-potty) may be utilized on sites that are temporary location of the
working face and portable processing equipment, etc. for up to six months at each location.
(Department of Public Health and Environment)
Amusr-1394 Zadel Family LLLP, Page 9
•
14. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
15. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Minerals and Geology. (Department of Public Health and Environment)
16. Any vehicle washing area(s)shall capture all effluent and prevent discharges from drum washing and
the washing of vehicles in accordance with the Weld County Code, the Rules and Regulations of the
Water Quality Control Commission,and the Environmental Protection Agency. (Department of Public
Health and Environment)
17. The applicant shall comply with the requirements of the Air Pollution Control Division,of the Colorado
Department of Public Health and Environment.(Department of Public Health and Environment)
18. The applicant shall comply with the requirements of the Water Quality Control Division,of the Colorado
Department of Public Health and Environment. (Department of Public Health and Environment)
19. The operation shall comply with the Occupational Safety and Health Act (OSHA). (Department of
Planning Services)
20. The site shall comply with the Mine Safety and Health Act(MSHA). (Department of Planning Services)
21. Should noxious weeds exist on the property or become established as a result of the proposed
development,the applicant/landownershall be responsible for controlling the noxious weeds,pursuant
to Section 15-1-180, Articles I and II. (Department of Planning Services)
• 22. A building permit application must be completed and two complete sets of plans including engineered
foundation plans bearing the wet stamp of a Colorado registered architect or engineer must be
submitted for review. A geotechnical engineering report preformed by a registered State of Colorado
engineer shall be required. (Department of Building Inspection)
23. Setback and offset distances shall be determined by the 2003 International Building Codes and
Chapter 23 of the Weld County Code (Offset and setback distances are measured from the farthest
projection from the structure). (Department of Building Inspection)
24. A plan review must be approved and a permit must be issued prior to the start of construction.
(Department of Building Inspection)
25. Buildings located within a 100 year flood plane require a Flood Hazard Development Plan.(Department
of Building Inspection)
26. Prior to the release of building permit, the applicant shall submit evidence of approval from the Fort
Lupton Fire Protection District to the Weld County Building Department. (Department of Building
Inspection)
27. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the reclaimed
areas. (Department of Planning Services)
28. If any work associated with this project requires the placement of dredged or fill material, and any
excavation associated with a dredged or fill project, either temporary or permanent, in waters of the
United States which may include streams, open water lakes, ponds or wetlands at this location, the
applicant shall obtain a Department of Army, 404 Clean Water Act permit. (Department of Planning
•
AmUsr-1394 Zadel Family LLLP, Page 10
• Services)
29. All gravel trucks transporting materials out of the area on county roads shall ensure that their loads are
covered, thus reducing loose materials on the roadway and the amount of damage to vehicles.
(Department of Planning Services)
30. "No Trespassing"signs shall be posted and maintained on the perimeter fence at all points of ingress
and egress to clearly identify the boundaries of the site. (Department of Planning Services)
31. 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. (Department of Planning Services)
32. Hours of operation in the winter months(November through April)will be 7:00 am to 5:00 pm and in
the summer months (May through October)will be 7:00 am to 7:00 pm. Hours of operation may be
extended with specific permission from the Weld County Board of County Commissioners. This
restriction shall not apply to operation of administrative and executive offices or repair and
maintenance facilities located on the property. (Department of Planning Services)
33. Existing trees and ground cover 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.
(Department of Planning Services)
34. The landscaping on site shall be maintained in accordance with the approved Landscape,Screen and
Buffering Plan. (Department of Planning Services)
. 35. The number of on-site employees shall be limited to thirty(30)as stated in the application materials.
(Department of Planning Services)
36. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code. (Department of Planning Services)
37. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code. (Department of Planning Services)
38. The property owner or operator shall be responsible for complying with the Open-mining Standards
of Section 23-4-250, Weld County Code. (Department of Planning Services)
39. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Minerals and Geology. (Department of Planning Services)
40. Personnel from the Weld County Government 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. (Department of
Planning Services)
41. 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 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. (Department of Planning Services)
•
AmUsr-1394 Zadel Family LLLP Page 11
• 42. In accordance with Section 23-2-200.E of the Weld County Code, if the Amended Use by Special
Review has not commenced from the date of approval or is discontinued for a period of three (3)
consecutive years, it shall be presumed inactive. The county shall initiate an administrative hearing
to consider whether to grant an extension of time to commence the use or revoke the Use by Special
Review. If the Use by Special Review is revoked, it shall be necessary to follow the procedures and
requirements of Division 4 of the Weld County Code in order to reestablish any Use by Special Review.
(Department of Planning Services)
43. 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. (Department of Planning
Services)
44. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department of Planning
Services)
45. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to
the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services)
•
•
AmUsr-1394 Zadel Family LLLP Page 12
• •
(fit
, DEPARTMENT OF PLANNING SERVICES
SOUTHWEST OFFICE‘a \\ li---....• 4209 CR 24.5
LONGMONT, CO 80504
PHONE: (720)652-4210, Ext. 8730
111k. FAX: (720) 652-4211
COLORADO
November 27,2007
Zadel Family LLLP
c/o Northern Colorado Constructors
9075 CR 10
Fort Lupton CO 80621
Subject: AMUSR-1394- Request for a Site Specific Development Plan and a Special Review Permit for a Site Specific Development
Plan and a Special Review Permit for a Mineral Resource Development Facility including a Concrete and Asphalt Batch Plant,
Materials Blending, Import of Materials and Gravel Mining in the A(Agricultural)Zone District, (NCCI Pit#1)on a parcel of
land described as Lots 3-7, part of Lot 11 and all of Lot 12 in Lupton Meadows Subdivision,together with the former right of
way of the Denver Larimer and Northwestern Railroad all in Section 24,T2N, R67W of the 6th P.M.,Weld County,Colorado.
Dear Applicants:
Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld
County Planning Commission for February 19,2008,at 1:30 p.m. This meeting will take place in the Hearing Room,Weld County Planning
Department, 4209 CR 24.5, Longmont, Colorado. It is recommended that you and/or a representative be in attendance to answer any
questions the Planning Commission members may have.
.
the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado Revised Statute,
.S.24-65.5-103(adopted as part of H.B.01-1088)requires notification of all mineral estate owners 30 days prior to any public hearing.
The applicant shall provide the Weld County Planning Department with written certification indicating the above requirements have been
met.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property
is located within the comprehensive planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted
materials to the Firestone, Fort Lupton and Frederick Planning Commission for their review and comments. Please call Firestone at 303-
833-3291, Fort Lupton at 303-857-6694 and Frederick at 303-833-2388 for further details regarding the date, time, and place of this
meeting. It is recommended that you and/or a representative be in attendance at the Firestone, Fort Lupton and Frederick Planning
Commission meeting to answer any questions the Commission members may have with respect to your application.
A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post
a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time,date,and location. In the event
the property is not adjacent to a publicly maintained road right-of-way,one sign will be posted in the most prominent place on the property
and a second sign posted at the point at which the driveway(access drive)intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning
Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It is the responsibility of the
applicant to call the Department of Planning Services'office before the Planning Commission hearing to make arrangements to obtain the
recommendation.
If you have any questions concerning this matter, please call.
Respec ly, /..Qi
' Michelle Martin
Enner
Page 1 of 1
• •
Michelle Martin
• From: Todd Yee [toddyee@j-tconsulting.com]
Sent: Friday, November 30, 2007 8:41 AM
To: Michelle Martin
Cc: 'Doug Graff
Subject: NCCI USR 1394 Batch Plant Info
Michelle,
Thank you for calling me earlier this week to let me know that you will be handling NCCI's USR application. We
are excited to be working with you on the application!
You mentioned that you would like some information on what materials the batch plant operations may be
importing to the site and if any crushing/recycling activities will be part of the operations. Below is a brief list of
what each plant is expecting to import and each plant's expected crushing/recycling activities.
Asphalt Batch Plant:
Coarse aggregate (3/4" +) to be stored in stockpiles.
Lime to be stored in silo.
Asphalt to be stored in tanks.
Recycled bituminous pavement to be stored in stockpile (to be recycled through the plant).
All other aggregates/sands and water will be coming from the mining operation. No crushing operations are
planned for the asphalt plant.
• Concrete Batch Plant:
Cement to be stored in silo.
Flyash to be stored in silo.
Lime to be stored in silo.
Admixtures to be stored in tanks.
All aggregates/sands and water will be coming from the mining operation. The water and aggregates that are
cleaned out of the three bay truck washout are expected to be recycled back into the batch plant. The material
that is deposited in the excess product dumping area is expected to be crushed onsite and recycled as either road
base or recycled back through the batch plant.
Please note that we have included the expected incoming truck traffic for deliveries in our estimated counts for
each plant in the application.
Thank you, and please feel free to give me a call with any questions.
Todd Yee
J&T Consulting, Inc.
1400 W 122nd Avenue - Suite 120
Westminster, CO 80234
Office: 303-457-0735
Cell: 303-947-8742
Fax: 303-920-0343
• Email: toddyee@j-tconsulting.com
Web: www.j-tconsulting.com
11/30/2007
irrrog MEMORANDUM
• wipe�De. TO: Planning Commissioners
COLORADO DATE: February 12, 2008
FROM: Michelle Martin
SUBJECT: AmUSR-1394
The applicants in their email dated 2/7/08 are requesting a continuance of
AmUSR-1394 until 3/18/08 in order to notify the mineral owners/leases 30 days
before the hearing. AmUSR-1394 is for An Amended Site Specific Development
Plan and a Special Review Permit for a Mineral Resource Development facility
(including a Concrete and Asphalt Batch Plant, Materials Blending, Import of
Materials and Gravel Mining) in the A (Agricultural) Zone District. (NCCI Pit #1)
•
•
Page 1 of 2
Michelle Martin
• From: Todd Yee [toddyee@j-tconsulting.com]
Sent: Thursday, February 07, 2008 9:36 AM
To: Michelle Martin
Cc: 'Doug Graff
Subject: RE: AMUSR-1394
Michelle,
Thank you for coming out to the site for the tour. Hopefully you have a good grasp
of NCC's operation now. If you have any other questions don't hesitate to contact me
as I'd be glad to discuss them with you.
Yes, we would like the case to be continued until March 18th.
Thank you,
Todd Yee
J&T Consulting, Inc.
1400 W 122nd Avenue -Suite 120
Westminster, CO 80234
Office: 303-457-0735
• Cell: 303-947-8742
Fax: 303-920-0343
Email: toddyee(*tconsulting.com
Web: www.j-tconsulting.com
From: Michelle Martin [mailto:mmartin@co.weld.co.us]
Sent: Thursday, February 07, 2008 8:31 AM
To: ddg@ncconstructors.com; Todd Yee
Subject: AMUSR-1394
Hi Gentleman,
Thanks for the site tour on Tuesday. The PC hearing date for March is the 18 in the
SW Weld County Service Center 4209 CR 24.5, Longmont CO 80504. If you would
like the case to be continued to that date please notify by email so that I can
accommodate your request.
�Sie a deaden
Planner II
4209 CR 24.5
• Longmont, CO 80504
mmartin@co.weld.co.us
PHONE: (720) 652-4210 x 8730
FAX: (720) 652-4211
02/07/2008
Page 1 of 1
Michelle Martin
• From: Doug Graff[ddg@ncconstructors.com]
Sent: Thursday, February 07, 2008 9:37 AM
To: Michelle Martin
Subject: RE: AMUSR-1394
Hi Michelle:
The hearing date of March 18th will work OK. I would request that you change the
date. Thank you for help in this matter.
Doug
From: Michelle Martin [mailto:mmartin@co.weld.co.us]
Sent: Thursday, February 07, 2008 8:31 AM
To: Doug Graff; Todd Yee
Subject: AMUSR-1394
Hi Gentleman,
Thanks for the site tour on Tuesday. The PC hearing date for March is the 18 in the
SW Weld County Service Center 4209 CR 24.5, Longmont CO 80504. If you would
• like the case to be continued to that date please notify by email so that I can
accommodate your request.
Planner II
4209 CR 24.5
Longmont, CO 80504
mmartin@co.weld.co.us
PHONE: (720) 652-4210 x 8730
FAX: (720) 652-4211
•
02/07/2008
• PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS 1/31/08 THE SIGN SHALL BE POSTED ADJACENT
TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE
EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT
ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT
OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON
THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY
(ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, Michelle Martin, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN
WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING
COMMISSIONERS HEARING FOR AmUSR-1394 IN THE A (AGRICULTURAL)
ZONE DISTRICT.
Michelle Martin
Name 9f P so Posting Sign /"
Signature of Pe s Posting Sign
STATE OF COLORADO
)ss.
COUNTY OF WELD /�
The foregoing instrument was subscribed and,sworn tome this �7 day of �e`j/ 2ccuLy , 2008.
WITNESS my hand and official seal
r� r,`°ate ;no
K t
Nota Public C f
My Commission Expires
My Commission Expires: 10.14.2011
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FIELD CHECK inspection date: 1/31/08
APPLICANT:Zadel Family LLLP CASE#: AMUSR-1394
REQUEST: Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development
facility including a Concrete and Asphalt Batch Plant, Materials Blending, Import of Materials and Gravel Mining in
the A(Agricultural)Zone District. (NCCI Pit#1)
LEGAL: Lots 3-7, part of Lot 11 and all of Lot 12 in Lupton Meadows Subdivision together with the former right of
way of the Denver Larimer and Northwester railroad all in Section 24,T2N, R67W of the 6th P.M.,Weld County, CO
LOCATION: North of and adjacent to County Road 18 and west of and adjacent to County Road 25
PARCEL ID#: 131124101008, 131124101009, 131124101010, 131124101004, 131124101011,
131124101012
ACRES: +/- 175.63
Zoning Land Use
N A (Agricultural) N Gravel Mining
E A (Agricultural) E Residential/Agricultural
S A (Agricultural) S Gravel Mining
• W A (Agricultural) W Agricultural
COMMENTS:
The majority of the site is currently being mined under USR-1394. The additional 73
acres for the proposed amendment is currently being used for Agricultural purposes.
There is one h me on site which is proposed to remain onsite.
Michelle Martin , Planner
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