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Home My WebLink About20060865.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Keith & Shirley Ashbaugh Case Number USR-1539 Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X Request for continuance Department of Planning Services Field Check Form Letter to Applicant Affidavit and photograph of sign posting Legal Notifications 2 Application X Maps Certificate of Conveyance Surrounding Property/ Mineral Owners Soil Survey "' 3 Referral List X Referrals without comment �• Weld County Department of Building Inspection, referral received 11/28/2005 Weld County Office of Emergency Management, referral received 12/5/2005 Colorado Department of Transportation, referral received 12/1/2005 4 Referrals with comments X Weld County Department of Public Health and Environment, referral received 12/22/2005 Weld County Sheriff's Office, referral received 11/28/2005 Weld County Zoning Compliance, referral received 11/18/2005 US Army Corps of Engineers, referral received 11/29/2005 West Greeley Soil Conservation District, referral received 11/23/2005 Colorado Division of Wildlife, referral received 1/5/2006 ` 5 PC Exhibits Email from Charlotte Davis- Public Health and Environment X I hereby certify that the 5 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. EXHIBIT Sheri Lockman + Planner II Usk #1531 2006-0865 #\\P/ItI1‘ hiDe LAND APPLICATION SUMMARYS SHEET COLORADO Planner: Sheri Lockman Case#: USR-1539 Hearing Date: February 7, 2006 Continued From January 3,2006 Applicant: Keith & Shirley Ashbaugh Address: C/o Greg Nelson, Weld County Department of Public Works 1111 H. Street, Greeley, CO 80632 Request: A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development (Gravel Mining) in the A (Agricultural) Zone District. Legal: Part of the NW4 Section 15, T7N, R59W of the 6th P.M., Weld County, Colorado Location: East of and adjacent to County Road 115; Approximately 3/4 mile north of County Road 80 Size: 9.9135 +/- acres Parcel #: 0721 15 000009 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 Department of Public Health and Environment, referral received 12/22/2005 • Weld County Office of Emergency Management, referral received 12/5/2005 • Weld County Sheriff's Office, referral received 11/28/2005 • Weld County Department of Building Inspection, referral received 11/28/2005 • Weld County Zoning Compliance, referral received 11/18/2005 • Colorado Department of Transportation, referral received 12/1/2005 • Colorado Division of Wildlife, referral received 1/5/2006 • West Greeley Soil Conservation District, referral received 11/23/2005 • US Army Corps of Engineers, referral received 11/29/2005 The Department of Planning Services' staff has not received responses from the following agencies: • State of Colorado, Division of Minerals and Geology • New Raymer Fire Protection District EXHIBIT USR-1539,Ashbaugh, Page 1 's I ( t SPECIAL REVIEW PERMIT I e'� ADMINISTRATIVE REVIEW PRELIMINARY COLORADO Planner: Sheri Lockman Case#: USR-1539 Hearing Date: February 7, 2006 Continued From January 3,2006 Applicant: Keith & Shirley Ashbaugh Address: C/o Greg Nelson, Weld County Department of Public Works 1111 H. Street, Greeley, CO 80632 Request: A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development (Gravel Mining) in the A(Agricultural)Zone District. Legal: Part of the NW4 Section 14, T7N, R59W of the 6th P.M., Weld County, Colorado Location: East of and adjacent to County Road 115; Approximately 3/4 mile north of County Road 80 Size: 9.9135 +/- acres Parcel #: 0721 15 000009 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 site contains a valuable gravel deposit. Permitting of this site for this use will ensure that material is available for repair and construction of County roads. Section 22-5-80.B (CM.Goal 2) states, "Promote the reasonable and orderly development of mineral resources." Section 22-5-80.C (CM Goal 3) states: "Minimize the impacts of surface mining activities on surrounding land uses, roads and highways."The site is surrounded by vacant pasture land with the only residence in the vicinity being the applicants. 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.3 of the Weld County Code provides for a mineral resource development facility for gravel mining in the A(Agricultural) Zone District. USR-1539,Ashbaugh, Page 2 C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The site is surrounded by vacant pasture land with the only residence in the vicinity being the applicant's. 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. Existing land uses surrounding the property are dryland farming and pasture. The subject property does not lie within the three-mile referral area of any municipality. 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 site does not lie within any Overlay Districts. 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 majority of the subject site is classified as"Other"with a small portion of"Prime if they become irrigated"as delineated on the Important Farmlands of Weld County map, dated 1979. 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 of the 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 Scheduling the Board of County Commissioners hearing: A. The applicant shall designate a haul route for the transportation of the materials from the site. (Department of Planning Services) B. The applicant has not delineated any on-site sign(s). If applicable, and an on-site sign(s) is desired, the applicant shall submit a sign plan to the Department of Planning Services. If no sign plan is submitted the site shall adhere to Section 23-4-90.A and .B of the Weld County Code which states one identification sign per principal use shall be allowed,provided that the sign does not exceed sixteen (16) square feet in area per face. (Department of Planning Services) 2. Prior to recording the plat: A. The applicant submitted an approved Substitute Water Supply Plan. However, the Plan is only valid through March 31,2006.The applicant shall submit evidence to the Department of Planning Services that the Plan has been renewed or that an alternative Substitute Water Supply Plan has USR-1539,Ashbaugh, Page 3 been approved. (Department of Planning Services) B. The applicant shall submit evidence of an Air Pollution Emission Notice(A.P.E.N.)and Emissions Permit application from the Air Pollution Control Division, Colorado Department of Health and Environment. (Department of Public Health and Environment) C. The applicant shall submit a Dust Abatement Plan for review and approval,to the Environmental Health Services,Weld County Department of Public Health&Environment.(Department of Public Health and Environment) D. The applicant shall submit evidence of a Colorado Discharge Permit System (CDPS)from the Water Quality Control Division of the Colorado Department of Health and Environment for any proposed discharge into State Waterways, if applicable. (Department of Public Health and Environment) E. The applicant shall submit evidence of an Aboveground Storage Tank permit from the Colorado Department of Labor and Employment (CDL&E), Oil Inspection Section for any aboveground storage tanks located on the site. Alternately, the applicant can provide evidence from the (CDL&E), Oil Inspection Section that they are not subject to these requirements. (Department of Public Health and Environment) F. The plat shall be amended to delineate the following: 1) All sheets shall be labeled USR-1539 (Department of Planning Services) 2) The plat shall indicate the appropriate certificates for signatures. (Department of Planning Services) 3) The plat shall indicate the Development Standards associated with this application. (Department of Planning Services) 4) The applicant shall either submit to the Department of Planning Services a copy of an agreement with the properties' mineral lessees stipulating that the oil and gas activities have adequately been incorporated into the design of the site or indicate the 400' x 400' and the 800'x 800' drilling envelope locations per state statute. (Department of Planning Services) 5) The plat shall indicate the location of any on-site signs. (Department of Planning Services) 3. One month prior to construction activities: A. A stormwater discharge permit may be required for a development/redevelopment/construction site where a contiguous or non-contiguous land disturbance is greater than or equal to one acre in area. Contact the Water Quality Control Division of the Colorado Department of Public Health and the Environment at www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of Public Health and Environment) 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) 5. The Weld County Sheriff's Office would be willing to assist in the developing a security plan for the site. If interested, the applicant shall contact the Sheriff's office. (Sheriff's Office) 6. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) 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) USR-1539,Ashbaugh, Page 4 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Keith & Shirley Ashbaugh USR-1539 1. Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development facility(Gravel Mining) in the A(Agricultural)Zone District. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. As indicated in the application materials, operations on site shall be limited to mining and crushing of materials for use on county road rights-of-way and the applicants property. (Department of Planning Services) 4. To prevent the destruction of nesting wildlife, initial construction shall occur after August 15 and before April 1. (Division of Wildlife) 5. Mining equipment shall be cleaned periodically to avoid spreading noxious weeds.(Division of Wildlife) 6. Mined areas should be promptly re-vegetated to prevent erosion and invasion of noxious weeds. (Division of Wildlife) 7. Weed management should be implemented at the onset of mining operations and for a period of at least 5 years after mining operations cease. (Division of Wildlife) 8. Any fencing on the site shall comply with Division of Wildlife recommendations. (Division of Wildlife) 9. 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) 10. 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) 11. Waste materials shall be handled,stored,and disposed in a manner that controls fugitive dust,fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 12. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank Regulations (7 CCR 1101-14). (Department of Public Health and Environment) 13. Fugitive dust and fugitive particulate emissions 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) 14. 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) 15. Adequate hand washing and toilet facilities shall be provided for employees and patrons of the facility. (Department of Public Health and Environment) 16. Portable toilets may be utilized on sites that are temporary locations of the working face and portable processing equipment, etc. for up to six months at each location. (Department of Public Health and Environment) USR-1539,Ashbaugh, Page 5 17. An adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 18. Bottled water shall be provided to employees at the temporary locations of the working face at all times. (Department of Public Health and Environment) 19. 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) 20. 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) 21. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 22. The site will be graded to insure that all storm water run-off that comes in contact with disturbed areas will be directed into the mining areas or settling ponds. (Department of Planning Services) 23. The applicant must take into consideration storm water capture/quantity and provide accordingly for best management practices. (Department of Planning Services) 24. The historical flow patterns and run-off amounts will be maintained on site in such a manner that will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. (Department of Planning Services) 25. The applicant shall obtain and maintain all State water quality permits associated with the gravel mining operation. (Department of Planning Services) 26. The operation shall comply with the Occupational Safety and Health Act (OSHA). (Department of Planning Services) 27. The site shall comply with the Mine Safety and Health Act(MSHA). (Department of Planning Services) 28. The operation shall comply with all applicable rules and regulations of the Colorado Division of Minerals and Geology. (Department of Planning Services) 29. Should noxious weeds exist on the property or become established as a result of the proposed development,the applicant/landowner shall be responsible for controlling the noxious weeds,pursuant to Section 15-1-180, Articles I and II. (Department of Planning Services) 30. 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) 31. 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) 32. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the reclaimed areas. (Department of Planning Services) 33. 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) USR-1539,Ashbaugh, Page 6 34. "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) 35. In accordance with Section 23-4-290.C of the Weld County Code,all sand and gravel operations shall be conducted during the hours of daylight except in the case of public or private emergency,or to make necessary repairs to equipment. Hours of operation may be extended with specific permission from the Weld County Board of County Commissioners. (Department of Planning Services) 36. The number of on-site employees shall be limited to twenty(20)as stated in the application materials. (Department of Planning Services) 37. 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) 38. 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) 39. 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) 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) 42. In accordance with Section 23-2-200.E of the Weld County Code, if the 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) USR-1539.Ashbaugh. Page 7 DEPARTMENT OF PLANNING SERVICES g 6‘tift NORTH OFFICE 918 10TH Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 ' FAX: (970) 304-6498 SOUTHWEST OFFICE 24 4209 CR 24.5 LONGMONT, CO 80504 COLORADO PHONE: (7 O) 652-4210, Ext. 8730 FAX: (720) 652-4211 November 17, 2005 Keith & Shirley Ashbaugh 39434 CR 115 New Raymer, CO 80742 Subject: USR-1539- Request for A Site Specific Development Plan and Special Review Permit for a Mineral Resource Development (Gravel Mining) in the A (Agricultural) Zone District on a parcel of land described as Part of the NW4 of Section 14, T7N, R59W of the 6th P.M., Weld County, Colorado. Dear Applicant: 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 January 3, 2006, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 918 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado Revised Statute, C.R.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. 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. Res fully, Shen ockman Planner MEMORANDUM W I`Ple. T DATE: December Decld rnty 27P 2005ng Commission COLORADO FROM: Sheri Lockman, Planner II SUBJECT: Keith Ashbaugh, USR-1539 The Weld County Department of Planning Services is requesting a continuance of PZ-1095. The continuance will allow additional time for notification of the properties mineral owners in accordance with Colorado Revised Statute, C.R.S.24-65.5-103. The Planning Staff is requesting that the case be continued to February 7, 2006. PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS JANUARY 28, 2006. 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, SHERI LOCKMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR USR-1539 IN THE A (AGRICULTURAL) ZONE DISTRICT. SHERI LOCKMAN Name of Person Posting Sign AL -- Signature of Person Posting Sign STATE OF COLORADO )ss. COUNTY OF WELD ) /�1�y� j The foregoing instrument was subscribed and sworn to me this May r , 20060 WITNESS my hand and official seal. Notary Public BILLIE \ MOORS NOTARY PUBLIC 1/I a iv STATESTATE OF COLORADO My Commission Expires: C' z*� �a rs� ,Z.Os • h } � I s. e`° ' $`err qak4`4734 agoro!— . .il La:.. i,Ii4"' -t : t : "t E yY-Y ,.- is- Y; - -"``N, ,' � '* "" " pia,. '?J- 'PS x': 't`" '� " ,42,-.--,. y�,"az*;C*r gig s r-Y ,,, h x9 UI �:,,'%a A ,y,.�J'd,, .t „4J ra�'xt'k `f� '�;� •.'-',44F'' t- erw y e'J ,-„ .✓ / x° .,:',,� � Ve I::',,,.;,,,:•-'; /r t'IJ� "::: Y�� }w,s • 5.^N' `P '1A(±, �:,.-52.,,,11;411::-•,--,-±' L A f L"'td ,,,''.7F..'„ �', 4 K l y'�nC �v,/ 1 .c,, t x�✓�,:,p }�-2,--;,---- r - "" x FIELD CHECK Inspection Date: /6/06. PLANNER: S Lockman APPLICANT: Keith &Shirley Ashbaugh CASE#: USR-1539 REQUEST: A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development (Gravel Mining) in the A (Agricultural) Zone District. LEGAL: Part of the NW4 Section 14, T7N, R59W of the 6th P.M., Weld County, Colorado LOCATION: East of and adjacent to County Road 115; 1/2 mile north of County Road 80 PARCEL ID#: 0721 15 000009 ACRES: 9.9 +/- Zoning Land Use N Agricultural N a 4CAMPn E Agricultural E (/ S Agricultural S �I�QQ � llA W Agricultural W Comments: 4444 OL (ea &Le hate lit tile "d'eltal dizajja ,ethiti / Signatu o House(s) o Derelict Vehicles o Outbuilding(s) o Non-commercial junkyard (list components) o Access to Property ❑ Irrigation Sprinkler o Crop Productions ❑ Crops ❑ Site Distance o Wetlands ❑ Mobile Home(s) o Oil & Gas Structures o Other Animals On-Site o Wildlife o Water Bodies • o Utilities On-Site (transmission lines) o Ditch ❑ Topography Note any commercial business/commercial vehicles that are operating from the site. Hello