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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 0 • Wi�DC• LANDUMMARYSHEET ON 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. 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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 Hello