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INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Robert Oman Case Number USR-1367
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution
2 Staff Comments (9 pages) X
3 Department of Planning Services field check form (3 pages) X
4 Letter to Applicant X
5 Legal Notifications/Photograph of sign posting (5 pages) X
6 Application (13 pages) X
7 Maps (3 pages) X
8 Referral List X
9 Referrals without comment(2 pages) X
Referrals with comments
10 Weld County Department of Public Works, referral received X
01/29/2002
11 Weld County Department of Public Health and Environment, X
referral received 01/22/2002 (2 pages)
12 Weld County Department of Building Inspection, referral X
received 01/23/2002 (2 pages)
13 Colorado Geological Survey, referral received 01/25/2002 (2 X
pages)
'14 Colorado Department of Transportation, referral received
01/25/2002
15 Weld County Zoning Compliance Officer, referral received
01/24/2002
16 Deed /Certificate of Conveyance(11 pages) X
17 Surrounding Property/ Mineral Owners (9 pages) X
18 Letter from Davis, Graham &Stubbs, dated 01/29/2002 (2 pages) X
19 Letter from Welborn, Sullivan, Meck&Tooley, dated 02/25/2002 X
(3 pages)
20 Letter from Welborn, Sullivan, Meck &Tooley, dated 02/25/2002 X
(4 pages)
21 Surrounding Property Owners petitions, received 12/05/2002 (6 X
pages)
2 EXHIBIT
2002-0756 _
use,;413O
22 Utilities (6 pages) X
23 Soil Survey(3 pages) X
24 Subsurface Investigation and Foundation Recommendations (6 X
pages)
25 Traffic Impact Study(25 pages) X
PC Exhibits X
26 Weld County District Court Memorandum of Decision and order X
for judgement(case#2000 CV 47) (11 pages)
27 photo access to wcr 12 x
28 10 more photos shown as overheads by Hodges x
29 insurance x
I hereby certify that the 29 items identified herein were submitted to the Department of Planning Services
at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded
to the Clerk to the Board's office. /�
/�
Cuq
Chris Gathman ❖ Planner
44e
LAND USE APPLICATION
SUMMARY SHEETCOLORADO
Case Number: USR-1367 Hearing Date: March 5, 2002
Applicant: Robert Oman Address: P.O. Box 280, Ft. Lupton CO, 80621
Request: A Site Specific Development Plan and a Special Review Permit for open pit mining
and materials processing (extraction of sand and soil) a Use by Right in the 1-3
(Industrial) Zone District (Manufacturing of soil products) as a Use by Special
Review in the A (Agricultural) Zone District.
Legal Description: SE4 SW4 Section 1, Township 1 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
Location: 1/4 mile east of Weld County Road 35 and 1/4 mile south of State Highway 52
Size of Parcel: 39 +/- acres
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 1/24/2002
• Weld County Department of Public Health and Environment, referral received 1/22/2002
Weld County Department of Public Works, referral received 1/29/2002
• Weld County Department of Building Inspection, referral received 1/23/2002
• Fort Lupton Fire Protection District, referral received 1/16/2002
• City of Fort Lupton, referral received 1/21/2002
• Colorado Geological Survey, referral received 1/25/2002
• Colorado Department of Transportation, referral received 1/25/2002
The Department of Planning Services' staff has not received responses from the following
agencies:
Colorado Division of Wildlife
• Weld County Sheriffs Office
• Weld County RE-8 School District
• Speer Canal/Ditch Company
• Platte Valley Soil Conservation District
EXHIBIT
USR-1367 Oman 1
4*(1411 SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
110€.
COLORADO
Planner: Chris Gathman
Case Number: USR-1367 Hearing Date: March 5, 2002
Applicant: Robert Oman Address: P.O. Box 280, Ft. Lupton CO,
80621
Request: A Site Specific Development Plan and a Special Review Permit for open pit mining
and materials processing (extraction of sand and soil) a Use by Right in the 1-3
(Industrial) Zone District (Manufacturing of soil products) as a Use by Special
Review in the A (Agricultural) Zone District.
Legal Description: SE4 SW4 Section 1, Township 1 North, Range 66 West of the 6th P.M., Weld
County, Colorado
Location: 1/4 mile east of Weld County Road 35 and 1/4 mile south of State Highway 52
Parcel Size: 39 +/- acres Parcel Number: 1471 01 000035
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 ordinance in effect. Section 22-2-60.E.1 A.Goal
5 states "The extraction of mineral and oil and gas resources should preserve or
minimize the impact on prime agricultural land." The majority of this parcel is
designated as "Other" land according to the 1979 USDA Important Farmlands of
Weld County Colorado Map. There is an existing Special Use Permit on this parcel
for open-pit mining (extraction of sand and soil) originally permitted under Special
Use Permit 460 and Amended Special Use Permit-460.
USR-1367 Oman 2
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.6 of the Weld County Code provides
for mining as a Use by Special Review in the A (Agricultural) Zone District and
Section 23-3-40.R of the Weld County Code provides for any use permitted as a
use by right (manufacturing of soil products) in the commercial or industrial zone
districts as a Use by Special Review 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. The proposed use is to allow for manufacturing of
soil products in addition to the existing sand mining operation on the site. This site
is located adjacent to a single family residence and 1/4 mile from the Buffalo Ridge
subdivision to the south. There is an existing mobile home immediately west of the
site along with a composting operation (Boss Composting facility- USR 1190) and
truck storage operation (USR 1332) 1/4 mile west of this site. Lands to the
immediate north and east consist of non-productive land and floodplain.
Several residents of the Buffalo Ridge subdivision have signed a petition in
opposition to the proposal due to traffic concerns, road impacts and other issues.
The applicants have indicated that this application would increase truck trips from
10 round trips to 12 round trips for the tandem dump trucks and 20 round trips to
24 round trips for the tractor trailers. This is a minimal increase above the existing
sand mining operation.
Conditions of Approval and Development Standards will ensure that the proposed
uses will be compatible with the existing surrounding 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 proposed use is located within the 3-
mile referral area of the City of Fort Lupton. The City of Fort Lupton indicated no
conflict with their interests in a referral received January 31, 2002.
e. Section 23-2-220.A.5 -- The site does not lie within any Overlay Districts.
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
proposed use is located on land designated as "Other" and "Prime if Irrigated"
according to the 1979 USDA Important Farmlands of Weld County Colorado Map.
The majority of the parcel is designated as "Other".
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.
s-.
USR-1367 Oman 3
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. The attached Development Standards for the Special Review Permit shall be adopted and
placed on the Special Review Plat prior to recording. The completed plat shall be delivered
to the Weld County Department of Planning Services and be ready for recording in the
Weld County Clerk and Recorder's Office within 30 days of approval by the Board of County
Commissioners. (Department of Planning Services)
2. Prior to scheduling a Board of County Commissioners hearing:
A. The applicant shall either submit to the Weld County Department of Planning
Services a copy of an agreement with the properties mineral owners stipulating that
the oil and gas activities have adequately been incorporated into the design of the
site or show evidence that an adequate attempt has been made to mitigate the
concerns of the mineral owners. (Dept. of Planning Services)
3. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) Indicate the name and location of the Buffalo Ridge subdivision on the vicinity
map. (Department of Planning Services)
2) A traffic circulation and parking plan for the office facility showing parking space
locations and sizes shall be indicated on the plot plan. (Department of
Planning Services)
3) Location, amount,size and type of any proposed landscaping or other screening
shall be indicated on the plat. Screening along the southern boundary of the
parcel shall be addressed and be submitted to the Department of Planning
Services for review and approval prior to recording the plat. (Department of
Planning Services)
B. The applicant shall submit a Waste Handling Plan to the Weld County Department
of Public Health and Environment, Environmental Health Services Division.
Evidence of approval shall be submitted to the Weld County 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, including
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
USR-1367 Oman 4
and Environment)
C. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and
Emissions Permit application to the Air Pollution Control Division, Colorado
Department of Health and Environment for emissions of criteria, hazardous or
odorous air pollutants. The site shall operate in accordance with all applicable rules
and regulations of the Air Pollution Control Division. Evidence of submittal shall be
provided to the Department of Planning Services. (Department of Public Health and
Environment)
D. If applicable, a NPDES Permit shall be obtained from the Water Quality Control
Division of the Colorado Department of Health for any proposed discharge into
State waterways. Evidence of written approval shall be submitted to the Weld
County Department of Planning Services. (Department of Public Health and
Environment)
E. An individual sewage disposal system is required for the proposed office and
proposed residence and shall be installed according to the Weld County Individual
Sewage Disposal Regulations. The proposed office septic system is required to be
designed by a Colorado Registered Professional Engineer according to the Weld
County Individual Sewage Disposal Regulations. The proposed residence may be
required to be designed by a Colorado Registered Professional Engineer. Evidence
of approval from the Department of Public Health and Environment shall be
provided to the Department of Planning Services. (Department of Planning
Services)
F. The applicant shall submit a short-term Improvements Agreement for the Upgrade
and Paving of approximately 1/4 mile of WCR 12 east of WCR 35 to the scale
house and office area. A typical pavement section should reflect a minimum width
of 24 feet of asphalt and base combination, 4-foot gravel shoulders, and an
adequate turning radius in the northeast corner of WCR 12 and WCR 35. The
depth of asphalt and base will be determined through a soil investigation and
approved by the Weld County Public Works Department. The Board of County
Commissioners shall review and approve the Improvements Agreement According
to Policy Regarding Collateral for Improvements (Private Road Maintenance)
including the form of collateral. The security for the agreement shall be tendered
and accepted by the Board of County Commissioners. (Department of Public
Works)
G. The applicant shall submit a long-term Road Maintenance Improvements
Agreement for the designated haul route shall be submitted. The designated haul
route shall be WCR 12 from the entrance of the facility west to WCR 35 then north
to State Highway 52 and disburse either east or west at this location. The Board of
County Commissioners shall review and approve the Improvements Agreement
According to Policy Regarding Collateral for Improvements (Private Road
Maintenance) including the form of collateral. The security for the agreement shall
be tendered and accepted by the Board of County Commissioners. (Department of
Public Works)
USR-1367 Oman 5
H. The applicant shall submit a storm water drainage report to the Department of
Public Works. Refer to Section 24-7-20, Storm Drainage Requirements under
Subdivision Design Standards in the County Code. Evidence of Public Works
approval shall be submitted to the Department of Planning Services. (Department
of Public Works)
The applicant shall attempt to address the recommendations (concerns) of the
Colorado Geological Survey as stated in their referral received January 25, 2002.
(Colorado Geological Survey)
J. Insurance - The operator shall furnish written evidence he is insured to the extent
of not less than one hundred thousand dollars($100,000.00)against liability for any
negligent act or omission be the operator from the operation, maintenance,
extraction, and/or production of the sand and shall include all activities, connected
with or incidental thereto. (Department of Planning Services)
K. The applicant shall submit a technical review application to the Division of Minerals
& Geology. Evidence of approval by the Division of Minerals & Geology shall be
submitted to the Department of Planning Services. (Department of Planning
Services)
4. Upon completion of 1 and 2 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 sixty (60) days from the date of the Board of County Commissioners
resolution. The applicant shall be responsible for paying the recording fee.
5. Prior to operation:
A. The applicant shall address the requirements of the Weld County Department of
Building Inspection as stated in their referral received January 23, 2002.
(Department of Building Inspection)
6. 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)
USR-1367 Oman 6
�^ SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Robert Oman
USR-1367
1. The Site Specific Development Plan and a Special Review Permit for open pit mining and
materials processing (extraction of sand and soil)a Use by Right in the 1-3(Industrial)Zone
District (Manufacturing of soil products)as a Use by Special Review in the A(Agricultural)
Zone District, as indicated in the application materials on file and subject to the
Development Standards stated hereon. (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. An Individual Sewage Disposal System (ISDS) is required for the proposed office and
proposed residence and shall be installed according to the Weld County ISDS regulations.
The proposed office septic system is required to be designed by a Colorado Registered
Professional Engineer according to the Weld County ISDS Regulations. The proposed
residence may be required to be designed by a Colorado Registered Professional Engineer.
(Department of Public Health and Environment)
4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
5. 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)
6. 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)
7. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
8. This facility shall adhere to the maximum permissible noise levels allowed in the Residential
Zone as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
9. Adequate toilet and handwashing facilities shall be provided for employees and the public.
(Department of Public Health and Environment)
10. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from
the facility area in a manner that will prevent nuisance conditions. (Department of Public
Health and Environment)
USR-1367 Oman 7
11. The facility shall operate in accordance with the approved dust control plan. The facility
shall have sufficient equipment available to implement dust control as required by the Weld
County Department of Public Health and Environment. (Department of Public Health and
Environment)
12. Any required emissions permit shall be obtained from the Air Pollution Control Division,
Colorado Department of Health, for fugitive dust and odors.
13. The Special Use Permit shall be maintained in such a manner so as to prevent soil erosion,
fugitive dust and growth of noxious weeds. The site shall be maintained in such a manner
as to present a neat and well kept appearance.
14. The operation shall comply with all applicable rules and regulations of the Colorado Division
of Minerals and Geology. (Department of Public Health and Environment)
15. The operation shall comply with the Occupational Safety and Health Act (OSHA).
(Department of Public Health and Environment)
16. The operation shall comply with the Mine Safety and Health Act (MSHA). (Department of
Public Health and Environment)
17. The landscaping on site shall be maintained in accordance with the approved landscape
plan. (Department of Planning Services)
18. As stated in Section 23-4-290.A of the Weld County Code, no excavation or processing of
materials shall be permitted nearer than ten (10)feet of the boundary of adjacent property,
easement or irrigation ditch or right-of-way, nor nearer than 125 feet to any existing
residence, unless by written agreement to the owner of owners of such adjacent property
consent to a lesser distance and the Planning Commission approves such lesser distance.
(Department of Planning Services)
19. As stated in Section 23-4-290.6 of the Weld County Code, all extraction operations shall
be conducted during the hours of daylight, except in cases of public or private emergency,
or to make necessary repairs to equipment. This restriction shall not apply to the operation
of administrative and executive offices or repair facilities if located on the property.
(Department of Planning Services)
20. Existing trees and ground cover along public road frontage and drainage ways 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)
21. No Stockpiling shall be allowed on the Special Use Permit area which would cause damage
to adjacent properties or county road right-of-way by altering the historic drainage pattern.
(Department of Planning Services)
22. Insurance - The operator shall furnish written evidence he is insured to the extent of not
less than one hundred thousand dollars($100,000.00)against liability for any negligent act
or omission be the operator from the operation, maintenance,extraction, and/or production
of the sand and shall include all activities, connected with or incidental thereto.
USR-1367 Oman 8
23. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 , Weld County Code.
24. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 and Section 23-2-290, Weld County Code.
25. All phases of the operation shall comply with all applicable County, State and Federal
Health standards and regulations and other applicable rules and regulations of
governmental bodies having jurisdiction on the premises.
26. Personnel from the Weld County Departments of Public Health and Environment, Planning
Services and Public Works 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.
27. 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.
28. 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.
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USR-1367 Oman 9
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IDEPARTMENT OF PLANNING SERVICES
W�`P�• PHONE (970) FAX (91 E04.6498
FAX (970) 304-6498
1555 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 80631
January 7, 2002
Todd Hodges Design LLC
2412 Denby Court
Ft. Collins CO 80526
Subject: USR-1367- Request for a Site Specific Development Plan and Special Use Permit for a Use By
Right in the 1-3 (Industrial)Zone District (manufacturing of soil products) and a Use By Special
Review in the A(Agricultural)Zone District(open-pit mining)on a parcel of land described as SE4
of the SW4 of Section 1, Ti N, R66W 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 March 5, 2002, at 1:30 p.m. This meetinc will take
place in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, 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.
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 Fort Lupton Planning Commission
for their review and comments. Please call Fort Lupton at (970)346-0326 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 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.
EXHIBIT
Respectfully, �f
hris Gathman
Planner
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Date: 02/22/2002 1:34:38 PM
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Date: 02/22/2002 1:34:32 PM
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FIELD CHECK inspection date: 2/702
CASE NUMBER: USR-1367
APPLICANT: Robert Oman
LEGAL DESCRIPTION: SE4 SW4 1-1-66
LOCATION: 1/4 mile east of WCR 35, 1/4 mile south of State Highway 52
Zoning Land Use
N A (Agricultural) N Rangeland, non-productive ground
E A (Agricultural) E non-productive ground, floodplain
S A (Agricultural) S Single family residence - (existing composting
facility I/4 mile to southwest) - Buffalo Ridge
yr subdivision 1/4 mile to the south.
W A (Agricultural) W mobile home/trucking facility (west of WCR 35)
COMMENTS:
* Access to site is an existing road that nuns northeast from the WCR 12 right-of-way.
* Adjacent to a single-family residence to the south that has farm equipment within the right-of-
way for WCR 12. House is between the site and Buffalo Ridge subdivision to the south.
* Existing sand mining facility at east end of site &various soil and composting piles on the site.
* Fertilizer bags and various equipment stored adjacent to ridge along southeast portion of the
parcel.
* Existing composting facility and trucking facility are located approx. 1/4 mile to the west.
IL, EXHIBIT
Chris Gathman, Current Planner I 3
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