HomeMy WebLinkAbout20060560.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Asphalt Paving Company Case Number USR-1533
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
Department of Planning Services Field Check Form x
Planning Commissioner Field Check Form
Letter to Applicant X
Affadavit of sign posting X
Dec.20, 2005 hearing X
Jan. 17, 2006 hearing X
Legal Notifications X
N 2 Application X
Maps X
Deed/ Easement Certificate X
Surrounding Property/Mineral Owners X
•` Utilities X
3 Referral List X
Referrals without comment X
City of Fort Lupton, referral received 11/29/05 X
4 Referrals with comments X
Weld County Zoning Compliance, referral received 10/27/05 X
City of Brighton, referral received 11/30/05 X
Greater Brighton Fire Protection District, referral received 11/23/05 X
State of Colorado, Division of Water Resources, referral received 11/7/05 X
ps Army Corps of Engineers, referral received 11/7/05 X
Weld County Department of Public Works, referral received 11/14/05 X
West Adams Soil Conservation District, referral received 12/21/05 X
N Weld County Planning, Landscape, referral received 10/31/05 X
State of Colorado, Division of Minerals and Geology, referral received X
11/21/05
Weld County Department of Public Health and Environment, referral X
received 11/28/05
EXHIBIT
I2006-0560
USL -1533
Weld County Sheriff's Office, referral received 11/2/05 X
Weld County Department of Building Inspection, referral received 11/15/05 X
Colorado Division of Wildlife, referral received 12/1/05 X
5 Surrounding Property Owners-Letters '7 t&tcd Jo,�Xctiav � C 3, 7i2'.G
\' Gerald and Sharlene Krantz, dated 12/6/05 X
Alfredo Ramirez, dated 11/2/05 X
Larry Johnson Family, dated 1/6/06 X
N' Trevor Jiricek, dated 1/6/06 X
Jerry and Sharlene Krantz,dated 1/8/06 X
X
Frank)Hazel, dated 1/12/06 X
6 PC Exhibits X
N. a applicant surface use agree x
b Applicant response recieved 1/10/06 x
c
�y�t'•st;
d Krantz letter x
e Hawthorne letter x
N f Archuleta letter x
I hereby certify that the BBBB items identified herein were submitted to the De rtment of lanning rvices t or prior to the
sch dule P nnin C mis oners hearing.
Michelle Martin t Planner
46t4t/
Wiip C LAND USE
APPLICATION
SUMMARY SH ET
COLORADO
Planner: Michelle Martin
Case No.: USR-1533 Hearing Date: December 20, 2005
Continued To January 17, 2006
Applicant: Asphalt Paving Company
Address: 14802 W. 44th Avenue, Golden CO 80403
Request: Site Specific Development Plan and a Special Review Permit for a Mineral Resource
Development facility including a Concrete and Asphalt Batch Plant,Recycling Plant,Materials
Blending, Import of Materials and Gravel Mining in the A (Agricultural) Zone District.
(Wattenberg West Facility)
Legal: Lot B of RE-3007 being part of the N2 NW4 and S2 NW4 Section 25,T1 N, R67W of the 6th
P.M., Weld County, CO
Location: South of and adjacent to County Road 6 and east of and adjacent to County Road 23
Area included in Use by Special Review
USR Size: 135 +/- acres Area to be Mined: 93 +/-acres
Parcel No.'s: 1469 25 000020 & 1469 25 000002
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 10/27/05
• City of Brighton, referral received 11/30/05
• Greater Brighton Fire Protection District, referral received 11/23/05
• State of Colorado, Division of Water Resources, referral received 11/7/05
• US Army Corps of Engineers, referral received 11/7/05
• Weld County Department of Public Works, referral received 11/14/05
• Colorado Division of Wildlife, referral received 12/1/05
• Weld County Department of Building Inspection, referral received 11/15/05
• Weld County Sheriffs Office, referral received 11/2/05
• Weld County Department of Public Health and Environment, referral received 11/28/05
• State of Colorado, Division of Minerals and Geology, referral received 11/21/05
• Weld County Planning, Landscape, referral received 10/31/05
• City of Fort Lupton, referral received 11/29/05
• West Adams Soil Conservation District, referral received 12/21/05
The Department of Planning Services' staff has not received responses from the following agencies:
• State of Colorado, Water Conservation Board
EXHIBIT
USR-1533,Asphalt Paving Company, Page 1
Adams County
•
Weld County School District RE-8
•
Brighton Ditch
USR-1533,Asphalt Paving Company, Page 2
1 4 SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
game
COLORADO
Planner: Michelle Martin
Case No.: USR-1533 Hearing Date: December 20, 2005
Continued To January 17, 2006
Applicant: Asphalt Paving Company
Address: 14802 W. 44th Avenue, Golden CO 80403
Request: Site Specific Development Plan and a Special Review Permit for a Mineral Resource
Development facility including a Concrete and Asphalt Batch Plant,Recycling Plant,Materials
Blending, Import of Materials and Gravel Mining in the A (Agricultural) Zone District.
(Wattenberg West Facility)
Legal: Lot B of RE-3007 being part of the N2 NW4 and S2 NW4 Section 25, T1 N, R67W of the 6th
P.M., Weld County, CO
Location: South of and adjacent to County Road 6 and east of and adjacent to County Road 23
Area included in Use by Special Review
USR Size: 135 +/- acres Area to be Mined: 93 +/-acres
Parcel No.'s: 1469 25 000020 & 1469 25 000002
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
to meet future needs.
USR-1533,Asphalt Paving Company, 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 the
additional lands as existing mineral reserves are depleted from the Perry Pit(AMUSR-921).
The Perry Pit is east of and adjacent to the unincorporated townsite of Wattenberg and is
currently being mined by Asphalt Paving Company.
Section 22-5-80.C (CM Goal 3)states:"Minimize the impacts of surface mining activities on
surrounding land uses, roads and highways." The applicant states there will be no change
in the permitted truck count or average production rate between the existing Perry Pit and
proposed Wattenberg West site. The access location change will be accompanied by road
improvements equal to the proposed impact. The referral received from Weld County
Department of Public Works dated November 9, 2005, states"A joint traffic study including
Aggregate Industries and Mobile Pre-Mix along with Asphalt Paving was submitted to the
county as a part of the improvements agreement for the operation of the pits on County Road
6. The application indicates that there will be no increase in the truck count or average
production rate just transporting the material from Perry Pit to the proposed Wattenberg West
site; therefore, a new traffic study will not be required if annual production would not
increase." The applicant shall enter into a new Long-Term Road Maintenance and
Improvement Agreement for the W atten berg West facility with the Weld County Public Works
Department for the upgrade of paving and maintenance of the County Roads which are
associated with the pit and any additional intersection impacted by the heavy hauling.
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 Mineral Resource Development facility including a Concrete and Asphalt Batch Plant,
Recycling 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, there is the unincorporated townsite, Wattenberg,
located east of and adjacent to the proposed gravel operation. There are twenty-seven (27)
property owners within five hundred(500)feet of this proposed application. Weld County has
received four(4)letters from surrounding property owners indicating the following concerns:
depreciation of property value, the effect on the existing water quality, noise, lighting, hours
of operation,traffic, and air pollution. Planning Staff determined the proposed use would be
compatible with surrounding properties which include gravel operations to the east(AMUSR-
921Asphalt Paving Company,AMUSR-905 Aggregate Industries Inc.,and USR-1259 Mobile
Pre-Mix). The applicant is proposing to install clumps of evergreen trees and deciduous
shrubs adjacent to County Road 6. The areas adjacent to Wattenberg will have clumps of
canopy trees to shield the operations from surrounding landowners. The Department of
Planning Services is requesting the applicant submit a landscape and screening plan prior
to scheduling the Board of County Commissioners hearing that includes berms and
landscaping along the north, east and west sides of the proposed development and the
batchplant 10 feet below road grade.
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,City of Brighton,and Adams County. The City of Fort Lupton and the City of Brighton
USR-1533,Asphalt Paving Company, Page 4
returned a referral stating they had reviewed the request and find no conflicts with their
interests. Weld County has not received a referral from Adams County 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 not located within the Flood Hazard Overlay District area as
delineated on FIRM Community Panel Map#080266-983C dated September 28, 1982.
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
as "Prime Irrigated Farmlands of National Importance" as delineated on the Important
Farmlands of Weld County map, dated 1979. A portion of the site is currently being farmed.
Section 22-5-80A.1.CM.Policy 1.1. states "access to future mineral resource development
areas should be considered in all land use decisions in accordance with state law. No
County governmental authority which has control over zoning shall, by zoning, rezoning,
granting a variance or other official action or inaction, permit the use of any area known to
contain a commercial mineral deposit in a manner which would interfere with the present or
future extraction of such deposit by an extractor."
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 scheduling the Board of County Commissioners hearing:
A. Section 22-5-100.A of the Weld County Code states"oil and gas exploration and production
should occur in a manner which minimizes the impact to agricultural uses and the
environment and reduces the conflicts between mineral development and current and future
surface uses." Section 22-5-100.B of the Weld County Code states "...encourage
cooperation, coordination and communication between the surface owner and the mineral
USR-1533,Asphalt Paving Company, Page 5
owner/operators of either the surface or the mineral estate." Finally, Section 22-5-100.B.1
of the Weld County Code states"new development should be planned to take into account
current and future oil and gas drilling activity to the extent oil and gas development can
reasonably be anticipated." 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. (Department of Planning
Services)
B. The applicant shall provide written evidence 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. 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 prior to mining of the mineral resource. (Department of Planning Services)
C. The applicant shall submit a Landscape Plan identifying the number, size and species of all
plant material to the Weld County Planning Department for review. This plan shall include
specifications of the berms. The berms will mitigate impacts to surrounding properties and
adjacent road rights-of-way. The applicant shall use breaks in the berm with landscaping to
fill the void, culverts,or some other method that will allow water to flow freely. Included in the
Landscape Plan the applicant shall screen with berms and landscaping the north, east and
west sides of the proposed development. In addition the Landscape Plan shall also indicate
the batch plant 10 feet below adjacent road grade,as discussed with applicants. (Department
of Planning Services)
D. The plat shall indicate how the proposed landscaping will be irrigated. (Department of
Planning Services)
E. The applicant shall either submit a copy of an agreement with the Brighton Ditch for the
pumping of water into the Brighton Ditch or the applicant shall supply the Department of
Planning Services with agreements from the US Army of Corps of Engineers and the
Consolidated Mutual Water Company for pumping the water into the South Platte River
through a ditch owned by Consolidated Mutual Water Company. (Department of Planning
Services)
2. 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 USR-1533 (Department of Planning Services)
3. All existing and future oil and gas drill envelopes. (Department of Planning Services)
USR-1533,Asphalt Paving Company, Page 6
4. The Development Standards associated with this application. (Department of
Planning Services)
5. A minimum of ten(10)feet of clearance from any existing power line or future power
line shall be maintained at all times as outlined by State Statute. (Department of
Planning Services)
6. 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)
7. County Road 6 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)
8. County Road 23.5 is classified by the County as a local gravel 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)
9. 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)
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. 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 submit a dust abatement plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health & Environment.
Evidence of such shall be submitted to the Department of Planning Services. (Department
of Public Health and Environment)
D. The applicant shall submit evidence from the Colorado Division of Water Resources
demonstrating that the proposed well water is appropriately permitted for drinking, irrigation
of proposed landscaping, and sanitary uses. Bottled water shall be provided to employees
at the temporary locations of the working face. 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)
USR-1533,Asphalt Paving Company, Page 7
E. 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. 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 waste handling plan, for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health& Environment. Evidence
of such shall be submitted to the Department of Planning Services. The plan shall include
at a minimum, the following:
1) A list of wastes which are expected to be generated on site. This should include
expected volumes and types of waste generated.
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed (including the
facility name, address, and phone number). (Department of Public Health and
Environment)
G. 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 proposed berms will be
extended to mitigate impacts to surrounding properties and adjacent road rights-of-way.
(Department of Planning Services)
H. The applicant shall enter into a Road Maintenance and Improvements Agreement for the
designated haul route and all intersection improvements. The applicant shall also address
all transportation and non-transportation improvements associated with this application. The
Improvements Agreement shall be approved by the Board of County Commissioners.
(Department of Public Works, Department of Planning Services)
The applicant shall attempt to meet with the Weld County Sheriff's Office to discuss the
applicant's security plan. (Weld County Sheriff)
J. The applicant shall submit a Lighting Plan to the Department of Planning Services for review
and approval. (Department of Planning Services)
K. The West Adams Soil Conservation District has provided information regarding the soils on
the site. The applicant shall review the information and use it to positively manage on-site
soils. (West Adams Soil Conservation District)
USR-1533,Asphalt Paving Company, Page 8
3. Prior to operation:
A. The applicant shall provide evidence of being in receipt of the Division of Minerals and
Geology Permit, Mined Land Reclamation Permit 112 to conduct surface extraction of
construction materials and reclamation of said lands identified as the Wattenberg West
Sand and Gravel Mine Site. (Department of Planning Services)
B. Proper building permits shall be obtained in accordance with the Weld County Building
Inspection Department, prior to any construction, demolition, or excavation. Part of the
permit application process includes a complete plan review. (Department of Planning
Services)
C. A stormwater discharge permit may be required for a development/construction site where
a contiguous or non-contiguous land disturbance is greater than or equal to one acre in
area. The applicant shall inquire with the Water Quality Control Division (WQCD) of the
Colorado Department of Public Health and Environment at
www.cdphe.state.co.us/wq/PermitsUnit if they are required to obtain a stormwater discharge
permit. Alternately, the applicant can provide evidence that they are not subject to these
requirements. The applicant shall provide evidence of such to the Department of Planning
Services. (Department of Public Health and Environment)
D. An individual sewage disposal system is required for the proposed scale house and shall
be installed according to the Weld County Individual Sewage Disposal Regulations.
(Department of Public Health and Environment)
E. The septic system is required to be designed by a Colorado Registered Professional
Engineer according to the Weld County Individual Sewage Disposal Regulations.
(Department of Public Health and Environment)
F. The applicant shall have the Greater Brighton Fire Protection District review and approve
all construction plan. (Greater Brighton Fire Protection District)
4. The Special Review activity shall not occur nor shall any building 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. 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-1533,Asphalt Paving Company, Page 9
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Asphalt Paving Company
USR-1533
1. Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development
facility including a Concrete and Asphalt Batch Plant, Recycling Plant, Materials Blending, Import of
Materials and Gravel Mining in the A(Agricultural)Zone District. (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,fugitive
particulate emissions,blowing debris,and other potential nuisance conditions. (Department of Public
Health and Environment)
6. The applicant shall operate in accordance with the approved "waste handling plan". (Department of
Public Health and Environment)
7. 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)
8. 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)
9. Adequate handwashing and toilet facilities shall be provided for employees and visitors of the site.
(Department of Public Health and Environment)
8. 10. 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)
USR-1533,Asphalt Paving Company, Page 10
11. 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)
12. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
13. Bottled water shall be provided to employees at the temporary locations of the working face at all
times. (Department of Public Health and Environment)
14. 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)
15. In the event washing of vehicles will occur on site the applicant shall ensure that any vehicle washing
area(s)shall capture all effluent and prevent discharges in accordance with the Rules and Regulations
of the Water Quality Control Commission,and the Environmental Protection Agency. (Department of
Public Health and Environment)
16. 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)
17. 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 Public Works)
18. The applicant must take into consideration storm water capture/quantity and provide accordingly for
best management practices.(Department of Public Works)
19. The applicant shall obtain and maintain all state water quality permits associated with the gravel mining
operation. (Department of Public Works)
20. The operation shall comply with the Occupational Safety and Health Act (OSHA). (Department of
Planning Services)
21. The site shall comply with the Mine Safety and Health Act(MSHA). (Department of Planning Services)
22. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Minerals and Geology. (Department of Planning Services)
23. 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)
USR-1533,Asphalt Paving Company, Page 11
24. Building permits shall be obtained prior to the construction or placement of any structure such as a
scale,concrete and asphalt plant,office, recycling plant,office trailer and any other structures placed
on the parcels. An electrical permit will be required for any electrical service to equipment. A plot plan
shall be submitted when applying for building permits showing all structures with accurate distances
between structures, and from structures to all property lines. (Department of Building Inspection)
25. A plan review is required for each building for which a building permit is required. Plans shall bear the
wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required
when applying for each permit. (Department of Building Inspection)
26. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2003 International Building
Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2002 National
Electrical Code; 2003 International Fuel Gas Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
27. Each structure set on a foundation will require an engineered foundation based on a site-specific
geotechnical report or an open hole inspection performed by a Colorado registered engineer.
Engineered foundations shall be designed by a Colorado registered engineer. (Department of Building
Inspection)
28. Building wall and opening protection and limitations and the separation of buildings of mixed
occupancy classifications shall be in accordance with the Building Code. Setback and offset distances
shall be determined by the Weld County Code. (Department of Building Inspection)
29. Building height shall be measured in accordance with the Building Code for the purpose of determining
the maximum building size and height for various uses and types of construction and to determine
compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height
shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine
compliance with offset and setback requirements. Offset and setback requirements are measured
to the farthest projection from the building. (Department of Building Inspection)
30. All excavation shall meet the requirements of the International Building Code and stormwater drainage
design and technical data. (Appropriate Colorado State and County agencies should be consulted for
additional regulations or requirements.) (Department of Planning Services)
31. Drawings for any building or related projects shall be submitted to the Greater Brighton Fire Protection
District. (Department of Planning Services)
32. Additional requirements or changes may be required when building applications or plans are reviewed
by the Weld County Building Inspection Department, the Fire District, or other State agencies.
(Department of Planning Services)
33. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the reclaimed
areas. (Department of Planning Services)
2AmUSR-249.Asphalt Specialities Inc. Page 12
34. 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
Services)
35. 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)
36. "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)
37. 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)
38. Section 23-4-290.C of the Weld County Code limits the hours of operation for sand and gravel
operations to the hours of day light, Monday through Saturday, except in the case of public or private
emergency or to make necessary repairs to equipment. 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)
39. 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)
40. 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)
41. The landscaping on site shall be maintained in accordance with the approved Landscape,Screen and
Buffering Plan. (Department of Planning Services)
42. The number of on-site employees shall be limited to twenty(20)as stated in the application materials.
(Department of Planning Services)
43. 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)
44. 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)
2AmUSR-249,Asphalt Specialities Inc, Page 13
45. 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)
46. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Minerals and Geology. (Department of Planning Services)
47. 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)
48. 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)
49. 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)
50. 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)
51. 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)
52. 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)
2AmUSR-249,Asphalt Specialities Inc, Page 14
MEMORANDUM
Vi`,PC TO: Weld County Planning Commissioners
COLORADO DATE: December 8, 2005
FROM: Michelle Martin
SUBJECT: USR-1533
Asphalt Paving Company have applied for a Site Specific Development Plan and a
Special Review Permit for a Mineral Resource Development facility including a
Concrete and Asphalt Batch Plant, Recycling Plant, Materials Blending, Import of
Materials and Gravel Mining in the A (Agricultural) Zone District. The applicant is
requesting a continuance of USR-1533 to January 17, 2006 to try and address some of
the concerns from the surrounding property owners and oil and gas entities.
DEC-08-2005 TUE 03:35 PM BANKS AND GESSO LLC FAX NO. 303 274 8329 P. 01
IN Banks and Gesso, LLC 720 Kipling St.,Suite117
Min Lakewood, Colorado 80215
(303)274-4277
Fax(303)274-8329
December 6, 2005 www.banksandgesso.com
VIA FACSIMILE
Ms. Michelle Martin
Weld County Planning Department
918 10th Street
Greeley, Colorado 80631
RE; Request for Continuance
USR-1533; Asphalt Paving Company, Wattenberg West Sand and Gravel Mine
Dear Michelle:
On behalf of Asphalt Paving Company, we request that the Planning Commission
hearing for this application be rescheduled from December 20, 2005 to Jaguary 17,
2006. The applicant is requesting this additional time to continue discussions with
neighbors and oil and gas entities.
Please let me know if this continuance is acceptable to the Planning Commission.
Thank you.
Sincerely,
frereg„.--i
Maureen Jacoby
Project Manager
cc: Jeff Keller, Asphalt Paving Company
d iaft DEPARTMENT OF PLANNING SERVICES
NORTH OFFICE
918 10Th GREELEY, CO 806 806311 PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
SOUTHWEST4209 CR 24.5
COLORADO LONGMONT, CO 80504
PHONE: (720) 652-4210, Ext. 8730
FAX: (720) 652-4211
October 25, 2005
Asphalt Paving Company
14802 W. 44`" Ave
Golden CO 80403
Subject: USR-1533- Request for a Site Specific Development Plan and a Special Review Permit for a Mineral
Resource Development facility including a Concrete and Asphalt Batch Plant, Recycling Plant, Materials
Blending, Import of Materials and Gravel Mining in the A (Agricultural)Zone District on a parcel of land
described as Pt NW4 of Section 25, T1 N, R67W 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 December 20, 2005, at 1:30 p.m. This meeting will take place in the
Hearing Room, Weld County Planning Department, 4209 CR 24 1/2, Longmont, Colorado. It is recommended that you
and/or a representative be in attendance to answer any questions the Planning Commission members may have.
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.
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 Brighton and Fort Lupton Planning Commission for their review and
comments. Please call Brighton at 303-655-2000 and Fort Lupton at 303-857-6694 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 Brighton and
Fort Lupton 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.
especffully, 7
Michelle Martin
Planner
PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS 1/6/06 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 USR-1533 IN THE A (AGRICULTURAL)
ZONE DISTRICT.
Michelle Martin
Name of Person Posti Sign
/1/ Y
Signature of Person Posting Sign
STATE OF COLORADO
)ss.
COUNTY OF WELD
aDO
The foregoing instrument was subscribed and sworn to me this day of ; //C , 2005-
WITNESS my hand and official seal.
a( (/ � K&
Notary Public i �a• *** LP
" 4 •
, .. 4
My Commission Expires: 1O 7 0 i
VEIL
'z OFCOO'v
T
Urn Onirellitillager
.- - - fi
4., -. • ' _7. Ittpc NOTICE r oc -�.
` A PUBLIC HEARING CONCERNING I,''
- - THIS PROPERTY WILL BE HELD AT:
• • ' I
-.Jr... "c du:U J
, Pt* ? ON - i7 , 200hAT n_.. _ I
nn
'" NAME aXiA Tb.
' S.* :^f. 1..."40....r -'. c ^.r /,
REQUEST r7. e. C a .`"A. / -.. w or,,,—.h"
`. r...� a.c o ....
. CASE N0'!R �;;3 t'...12.2.-._ �
\ - ACRES
FOR MORE INFORMATION CALL j `
. •t WE D COUNTY DEPARTMENT 0
AWNING SERVICES AT 'i i
Y I .)353-610Q ext,
•
. •
,,_. , �. .� 01 / 05 / 2006
,i , ,. \,
: r.
PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS 12/5/05 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 15 DAYS BEFORE THE PLANNING
COMMISSIONERS HEARING FOR USR-1533 IN THE A (AGRICULTURAL)
ZONE DISTRICT.
Michelle Martin
Name of Person Posting Sign
/7 ./ /
,k1- y'
/ f /__
Signature of Person Posting Sign
STATE OF COLORADO )
) ss.
COUNTY OF WELD ) Il
The foregoing instrument was subscribed and sworn to me this day of Di(4'Y )l ;( , 2005.
WITNESS my hand and official seal.
x.
\1/41),-11'H i x --2/,/(O
Notary Public
My Commission Expires: ,--AP
f •10RQ0 •
:,,",11.,4 rd O:• a rd
'Me. NOTICE ii$i.
COLORADO
A PUBLIC HEARING CONCERNING . , . , k
THIS PROPERTY WILL BE HELD AT:
1541` t
r , 1'{ 4Z0 9 CR 24 � ioryinant .
tte�^ , • i • • ON J�2c. '2� , 20 USAT /: 3ar
' ' 1� p . 4� IS c/f
�j yJ1 J �Qu- ld,•1a�-
t r,. ''` , 'dc /r1�., •
.� ' 'i ,I� NAME k 5f„ t CS.wtM«.f F o 0 f^,wl «.w A m./ I
5 i \ � e
�' Fit a r•fner.l Rt1e✓c< p<+. f rc.l•iy .�c Ad 5
',4%,/i • C00I..It •,✓ tf$A•R ryd..{ 1 R.cyr/ ?Ad ,
• 4 ' .\ N REQUEST ro.h..,r, 5kL. ' l,psttor/Hfntli .f...,/a,..., , ,
' in f4 Ara kwr2.n.. 03 At..* �` , , 0, -..
;� ';' • Oa� Arj ' (ff - lC'2 t7- /3- ACRES ` p, .; ry tr(4' `
�� � I � • �' r'� CASE NO. , '� . , `,x �a �•�',�,',,�
Sul FOR MORE INFORMATION CALL "1' ' ;E;
� / ' ' Vii ', y; WELD COUNTY DEPARTMENT OF ` �' '` '�'
\ i. . r �► to f� ,
+ a' • 1, . PLANNING SERVICES AT
$IIt
OAS. '�, (970 ) 353 -6100 ext. 3540 „ �are.4
,r'd: i'1U 11 ,�#t .p� ��f[rbEi _ `. , rr'��' . � �w. �I - 1�� r ' g' .' _ •rf. 4"' '4"
•
_ Y,
}HK
,PT
da
�- -_. . 12 / 02 / 2005
Looking East from CR 23
h
- " 1 n�i Y' . ��rl
1 , -
N
1�yy'
i ...; sii8r. . :z z. '
' '4
W
•1 ' :: fe* 1...1 e
I
.., .- - . . _
1
FL 1
An.,,,‘„,„
12/ 02 / 2005
Looking East from CR 6 and CR 23
y r ...Ai 21 -
,# . 4n 5 .7- %1.. M1 it .. t
_.L6 1!
I
12 / 02 / 2005
Looking Southeast from CR 23 and CR 6 b
4.
Se • t,
1 2 / 02 / 2005
Looking Southeast from CR 23
. I
Nei
•
of . `l0 I
I
ter— ma' tfil
-r
v ` ti' ' ,
�, , 41 ' -. -
•
•
12 / 02 / 2005
Looking West from CR 6
, `: ...
•
' < ,� 1 2/ 02 / 2005
Looking Southwest-from CR 6
,
Looking Northwest from CR 4.5
12 / 02 / 2005
0. a9r. :r -
Looking Northeast from CR4.5 12 / 02 / 2005
rz'• '• .�
f��'���,, , � a � it ' , ��' �, . � j
12 / 02 / 2005
SPO North of CR 6
1 I .. S i� I . .
45?„.
• <yfp � 1 ki it • 1 ;
s `b.• C y.
vir €t% � `' r _. D I� as /:1 ; , is
v
- :fie b I vf 4 h ' f
' ,; + `p
P.°.
r
A _ado
: I —
Op
I •
ktme
SPO adjacent to the site 1 2 /02 / 2005
r
• 1
1
12 / 02 / 2005
Looking Northeast from CR 4.5
and CR 23
FIELD CHECK inspection date:12/2/05
APPLICANT: Asphalt Paving Company CASE#: USR-1533
REQUEST: Site Specific Development Plan and a Special Review Permit for a Mineral Resource
Development facility including a Concrete and Asphalt Batch Plant, Recycling Plant,
Materials Blending, Import of Materials and Gravel Mining in the A(Agricultural)Zone
District.
LEGAL: Pt. NW4 Section 25, T1 N, R67W of the 6th P.M., Weld County, CO
LOCATION: south of and adjacent to County Road 6 and east of and adjacent to County Road 23
PARCEL ID#: 1469 25 000020 & 1469 25 000002 ACRES: 135 +/-
Zoning Land Use
N A (Agricultural) N Agricultural
E A (Agricultural) E Wattenberg
S A (Agricultural) S Agricultural
W A (Agricultural) W Agricultural with a few residents
COMMENTS:
The site is currently vacant except for oil and gas wells. The property borders
Wattenberg on the east and the Brighton Ditch on the west. There is currently one
access off of CR 6 which is being used as an oil/gas access and Agricultural access.
Michelle Martin , Planner
Hello