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Home My WebLink About20051347.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Farfrumwurkin LLP— File/Schell Case Number USR-1488 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 Affidavit of sign posting X Legal Notifications X 2 Application X Maps X Deed/Easement Certificate X Surrounding Property/Mineral Owners X Utilities X • 3 Referral List X Referrals without comment X Kinder-Morgan, Inc, referral received September 8,2004 X City of Dacono, referral received September 3, 2004 X 4 Referrals with comments X Weld County Public Works,referral received September 3,2004 X Weld County Public Health and Environment, referral received September 21, 2004 X Weld County Zoning Compliance, referral received September 26,2004 X Weld County Building Inspection, referral received September 7, 2004 X Mountain View Fire Protection District, referral received September 14,2004 X Colorado Division of Minerals and Geology, referral received August 31,2004 X Colorado Division of Water Resources, referral received August 31,2004, October X 18, 2004, December 10,2004 and December 17, 2004. Longmont Soil Conservation District, referral received September 16, 2004 X Colorado Department of Transportation, referral received September 1, 2004 X Colorado Corps of Engineers, referral received September 1,2004 X K.P. Kaufmann, referral received September 23, 2004 X Colorado Division of Wildlife, referral received September 27,2004 X Town of Frederick, referral received October 12,200461„1,4,- tu•' C.n.,tia &,� X Weld County Sheriffs Office, referral received November 30, 2004 X Bernard Lyons Gaddis&Kahn for District Six Water Users Association&the New X Consolidated Lower Boulder Reservoir and Ditch Company, referral received October 15,2004 and January 4,2005 EXHIBIT • 5 Surrounding Property Owners- Letters X 5.A E-mail from Ginny Shaw dated October 16,2004 X 474 5.B E-mail from Greg Balmes for Centennial Ponds and Reflection Ponds dated X December 3, 2004 2005-1347 • 6 PC Exhibits X • 6.A Reclamation Plan Map dated June 3, 2004 (a e.;2_,.-4) �i u,Z' X 6.8 Site Plan Map dated January 17,2005 ( dp4 ,;z ) X 6.C Vicinity Map dated January 17,2005 ✓ 6.D SH 52& CR 3 '/. Intersection Existing and Projected Traffic Map dated January 17, X 2005 6n:4244i Mbit e) • 6.E Existing and Proposed Site Access dated January 17,2005 (oz,.., j/?c.L-.&.a) X • 6.F Letter from Mike and Virginia Shaw dated January 18, 2005 X X I hereby certify that the thirty-eight items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Board of ounty Commissioners hearing. Jacqueline atch - Planner r ,....., Atit; Elk LAND USE APPLICATION COLORADO SUMMARY SHEET Planner Jacqueline Hatch Case Number USR-1488 Hearing Date: October 19, 2004 cont. January 18, 2005 Applicant: Farfrumwurkin, LLP - Jon File, 1163 Oakhurst Dr. Broomfield, CO 80020 and Kenneth and Judith Schell, 833 SH 52 Erie CO 80516 Request A Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development facilities including Sand and Gravel Mining in the (A) Agricultural Zone District Legal Description: E2 SW2 & N2 SE4, & Pt W2 W2 Lot B RE-3474, Pt W2 W2 Section 32, T2N, R68W and Pt SE4 Lot B RE-1775 Section 31, T2N, R68W of the 6th P.M., Weld County, CO. Location: North of and adjacent to State Highway 52; west and east of and adjacent to CR er- 3 1/4. Size of Parcel: 310 +/- acres Parcel Number: 1313 32 300038, 1313 32 300039, 1313 32 300040, and 1313 31 000036 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 August 26, 2004 • United States Army Corps of Engineers, referral received September 1, 2004 • Colorado Department of Transportation, referral received September 1, 2004 • Weld County Department of Public Works, referral received September 3, 2004 • Weld County Department of Public Health & Environment, referral received September 21, 2004 • Mountain View Fire Protection District, referral received September 14, 2004 • Longmont Soil Conservation District, referral received September 16, 2004 • State of Colorado, Division of Minerals and Geology, referral received August 27, 2004 • Weld County Department of Building Inspection, referral received September 7, 2004 • City of Dacono, referral received September 8, 2004 • Kinder-Morgan, referral received September 8, 2004 • K.P. Kauffman Company, referral received September 23, 2004 • State of Colorado, Division of Water Resources, referral received August 31, 2004, October 18, r' 2004, December 10, 2004 and December 17, 2004 Farfrumwurkin LLP, File and Schell USR-1488 Page 1 iEXHIBIT • Town of Frederick, referral received October 12, 2004 • Weld County Sheriffs Office, referral received November 30, 2004 • Bernard Lyons Gaddis & Kahn for District Six Water Users Association & the New Consolidated Lower Boulder Reservoir and Ditch Company, referral received October 15, 2004 and January 4, 2005 The Department of Planning Services' staff has not received responses from the following agencies: State of Colorado, Division of Wildlife Wold County Shoriffs Offico Town of Frederick • Town of Erie • Boulder County • Lower Boulder Ditch Company • Boulder&Weld County Ditch • Encana Oil and Gas Kerr McGee Oil and Gas • Cheyenne Oil Properties • Rancho Partnership • Texas Tea • Patina Oil and Gas r Farfrumwurkin LLP, File and Schell USR-1488 Page 2 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW COLORADO Planner Jacqueline Hatch Case Number: USR-1488 Hearing Date: October 19, 2004 cont. January 18, 2005 Applicant: Farfrumwurkin, LLP - Jon File, 1163 Oakhurst Dr. Broomfield, CO 80020 and Kenneth and Judith Schell, 833 SH 52 Erie CO 80516 Request: A Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development facilities including Sand and Gravel Mining in the (A)Agricultural Zone District Legal Description: E2 SW2 & N2 SE4, & Pt W2 W2 Lot B RE-3474, Pt W2 W2 Section 32, T2N, R68W and Pt SE4 Lot B RE-1775 Section 31, T2N, R68W of the 6th P.M., Weld County, CO. n Location: North of and adjacent to State Highway 52; west and east of and adjacent to CR 3 1/4. Size of Parcel: 310 +/- acres Parcel Number: 1313 32 300038, 1313 32 300039, 1313 32 300040, and 1313 31 000036 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.B (CM.Goal 2) states, "Promote the reasonable and orderly development of mineral resources." The proposed use would be compatible with surrounding properties which include gravel operations to the north (USR-1346) and west (SUP-249) and agricultural uses to the east. A nine lot PUD Change of Zone has been approved to the south of the site (PZ-1045 Highland). r-� Farfrumwurkin LLP, File and Schell USR-1488 Page 3 Section 22-5-80.B (CM.Goal 3) states, "Minimize the impacts of surface mining activities on surrounding land uses, roads and highways." A traffic study is required to be submitted to the Department of Public Works prior to recording the plat for review and approval. The Department of Public Works is also requiring that the applicant submit a maintenance and improvements agreement for the haul route. 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 Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development facilities including Sand and Gravel Mining 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 proposal will be compatible with existing surrounding land uses which include agricultural lands and other gravel mining operations in the general area. There are gravel operations to the north (USR-1346) and west (SUP-249) and agricultural uses to the east. A nine lot PUD Change of Zone has been approved to the south of the site (PZ-1045 Highland). 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 surrounding land uses are primarily agriculture with several rural residences in the area. To the north is a gravel operation (USR-1346), to the west is an additional gravel operation (SUP-249). A Change of Zone (PZ-1045 Highland) for a nine lot PUD has been approved to the south of the site across Highway 52. USR-1232 for a guest farm is located to the east of the site. There are one hundred and thirteen property owners within % mile of the site, twenty seven properties are located within 500 feet of this application. Staff is recommending that Parcel Number 1313 32 300039 not be included in this Use by Special Review since no mining activities are being proposed on the parcel. The Town of Erie and-€roderick and Boulder County did not respond to the referral indicting a conflict with their interests. The Town of Frederick in the referral dated October 12, 2004 indicated that they found no conflicts with their interests. 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 #080266-00850C dated September 28, 1982. The site does not lie within any Overlay Districts. Building Permits issued on the Lot will be required to adhere to the fee structure of County Wide Road Impact Program (Ordinance 2002-11). 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 primarily classified as prime land with some irrigated not prime land as delineated on the Important Farmlands of Weld County map, dated 1979. A portion of the lots are currently farmed. Section 22-5-80A.1.CM.Policy 1.1. states "access to future mineral resource Farfrumwurkin LLP, File and Schell USR-1488 Page 4 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 of the Weld County Code), Operation Standards (Section 23-2-250 of the 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 insure 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 Service's staff recommendation for approval is conditional upon the following: 1. Prior to scheduling a 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 owner/operators of either the surface or the mineral estate." Section 22-5- 100.6.1 of the Weld County Code also 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. Drill envelopes can be delineated on the plat in accordance with the State requirements as an attempt to mitigate concerns. The plat shall be amended to include any possible future drilling sites. (Department of Planning Services) B. The applicant shall submit a traffic study to the Department of Public Works and the Colorado Department of Transportation for review. Evidence of approval shall be submitted in writing to the Department of Planning Services. (Department of Public Works) C. The applicant shall provide the Department of Public Works and the Department of Planning Services with information regarding the method proposed for conveying the material across County Road 3 %. (Departments of Public Works and Planning Services) D. The applicant shall provide current evidence that the facility has an adequate water supply (i.o., woll or community water system). (Department of Public Health and Environment) Farfrumwurkin LLP, File and Schell USR-1488 Page 5 2. 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 60 days of approval by the Board of County Commissioners. (Department of Planning Services) 3. Prior to recording the plat: A. 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 and approval. This plan shall include specifications of any proposed berms, if required. The proposed berms will be extended to 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. (Department of Planning Services) B. The applicant shall address the requirements (concerns) of the Department of Public Works, as stated in their referral response dated September 10, 2004. Evidence of approval shall be submitted in writing to the Department of Planning Services. (Department of Planning Services) C. The applicant shall enter into a road maintenance and improvements agreement with the Weld County Public Works Department of the designated haul route and all intersections improvements. Evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Works) D. The applicant shall address the requirement (concerns) of the Longmont Soil Conservation District, as stated in their referral response dated September 16, 2004. Evidence of approval shall be submitted to the Department of Planning Services. (Department of Planning Services) E. The applicant shall address the requirement (concerns) of the Mountain View Fire Protection District, as stated in their referral response dated September 14, 2004. Evidence of approval shall be submitted to the Department of Planning Services. (Department of Planning Services) F. The applicant shall attempt to address the requirements (concerns) of Weld County Sheriffs Office, as stated in the referral response dated November 30, 2004. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) G. The applicant shall attempt to address the requirements (concerns) of State of Colorado Division of Water Resources, as stated in the referral response dated December 10, 2004 and December 17, 2004. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) H. The applicant shall provide the Department of Planning Services with an approved well permit for the monitoring and observation well for the recharge of the water produced from the dewatering operation as outlined in the referral dated December 10, 2004 from the State of Colorado Division of Water Resources. (Department of Planning Services) 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 (APCD), Colorado Farfrumwurkin LLP, File and Schell USR-1488 Page 6 Department of Health and Environment. Alternately, the applicant can provide evidence from the APCD that they are not subject to these requirements. Evidence of approval shall be submitted in writing to the Department of Planning Services. (Department of Public Health and Environment) J. 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 approval shall be submitted in writing to the Department of Planning Services. (Department of Public Health and Environment) K. 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. Evidence of approval shall be submitted in writing to the Department of Planning Services. (Department of Public Health and Environment) 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 approval shall be submitted in writing 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) M. The plat shall be amended to delineate the following: 1. All sheets of the plat shall be labeled USR-1488. (Department of Planning Services) 2. The USR plats shall be revised not to include Parcel Number 1313 32 300039. (Department of Planning Services) 3. The location of any on-site signs. (Department of Planning Services) 4. The approved Landscape, Screen and Berm Plan. (Department of Planning Services) 5. The applicant shall submit a revised reclamation plan signed off from the Division of Minerals and Geology to the Weld County Department of Planning Services for review and approval. The final ponds shall be reconfigured to obtain a more natural and free flowing appearance for the future residents of the area. (Department of Planning Services) 6. Oil and Gas including gathering lines with appropriate setbacks shall be delineated on the plat. (Department of Planning Services) Farfrumwurkin LLP, File and Schell USR-1488 Page 7 7. Setbacks to the mining operation are measured from the right-of-way or future right-of-way lines plus the standard setback of 20 feet in the agricultural zone district to the edge of the gravel pit berm. (Department of Public Works) 8. County Road 3 '/4 is designated on the Weld County Transportation Plan Map as a local paved road, which requires sixty (60) feet of right-of-way at full build out. There is presently sixty (60) feet of right-of-way. A total of thirty (30) feet from the centerline of Weld County Road 3 %4 shall be delineated right-of-way on the plat. This road is maintained by Weld County. (Department of Public Works) 9. State Highway 52 requires two hundred (200) feet of right-of-way at full build out. A total of one hundred (100) feet from the centerline of Highway 52 shall be delineated right-of-way on the plat. (Department of Planning Services) 4. Prior to construction: A. The applicant shall obtain the appropriate building permits through the Weld County Building Inspection Department. (Department of Building Inspection) B. The approach road shall be paved with asphalt, concrete, or the equivalent from County Road 3 Y4 for approximately 300 feet or to the scale house. The approach road shall be elevated to the same height as County Road 3 '/4 with adequate turning radiuses to accommodate heavy truck hauling. (Department of Public Works) 5. Prior to operation: A. An individual sewage disposal system is required for the proposed Office/Weigh Station and shall be installed according to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health and Environment) B. 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) 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) Farfrumwurkin LLP, File and Schell USR-1488 Page 8 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS File and Schell, Farfrumwurkin, LLP USR-1488 1. A Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development facilities including Sand and Gravel Mining 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. 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. 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) 8. 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) 9. 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) 10. Adequate handwashing and toilet facilities shall be provided for employees and visitors of the site. (Department of Public Health and Environment) 11. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment) 12. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) Farfrumwurkin LLP, File and Schell USR-1488 Page 9 13. 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) 14. 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) 15. 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) 16. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly identify the boundaries of the site. (Department of Planning Services) 17. 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) 18. Section 23-4-290.B of the Weld County Code limits the hours of operation for sand and gravel operations to the hours of day light 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. 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) 19. 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) 20. Where topsoil is removed, sufficient arable soil shall be set aside for re-spreading over the reclaimed areas. (Department of Planning Services) 21. The applicant shall provide the Department of Planning Services with an approved State of Division of Water Resources Substitute Water Supply Plan by December 31 of any given year for the operation of the following year. (Department of Planning Services) 22. Adequate accounting of depletions and replacement must be provided to the State Division Engineer in Greeley and the Water Commission on a monthly basis or other interval acceptable to both. (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. (Department of Public Works) 24. If any work associated with this project requires the placement of dredge 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 and ponds or wetlands at this site, the Department of the Army, Corp of Engineers shall be notified by a proponent of the project for proper department of the Army permits or changes in permit requirements pursuant to Section 404 of the Clean Water Act. (Army Corps of Engineers) 25. The landscaping on site shall be maintained in accordance with the approved Landscape Plan. (Department of Planning Services) Farfrumwurkin LLP, File and Schell USR-1488 Page 10 26. Proper building permits shall be obtained prior to any construction, demolition, or excavation. Part of the permit application process includes a complete plan review. (Department of Building Inspection) 27. Permits are required for all electrical work including electrical services for de-watering pumps, rock crushers, construction trailers, site lighting, etc. (Department of Building Inspection) 28. 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 Building Inspection) 29. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. Farfrumwurkin LLP, File and Schell USR-1488 Page 11 30. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 31. The property owner or operator shall be responsible for complying with the Open-mining Standards of Section 23-4-250, Weld County Code. 32. 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. 33. 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. 34. 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) 35. 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. Farfrumwurkin LLP, File and Schell USR-1488 Page 12 MEMORANDUM TO: Weld County Planning Commissioners DATE: October 18, 2004 COLORADO FROM: Jacqueline Hatch, Planner--(Sly SUBJECT: USR-1488, Farfrumwurkin LLP, File and Schell Jon File and Kenneth and Judith Schell, Farfrumwurkin LLP have applied for a Site Specific Development Plan and a Special Review Permit for a mineral resource development facilities including sand and gravel mining in the A (Agricultural) Zone District. The Department of Planning Services is requesting a continuance of USR-1488 to allow for appropriate mineral notification and an amended substitute water supply plan. Staff is requesting the case be continued to November 16, 2004. `- V MEMORANDUM 'Ripe TO: Weld County Planning Commissioners COLORADO DATE: November 9, 2004 FROM: Jacqueline Hatch, Planne -- SUBJECT: USR-1488 Jon File, Kenneth and Judith Schell, Farfrumwurkin LLP have applied for a Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development facilities including Sand and Gravel Mining in the (A) Agricultural Zone District. Staff is requesting the case be continued indefinitely until written evidence is provided to the Department of Planning Services that an adequate well permit and substitute water supply plan has been approved by the State of Colorado, Division of Water Resources. J.w� 18 ‘iP PC MEMORANDUM itV: 144H-N TO: Planning Commission INCDATE: January 10, 2005 COLORADO FROM: Jacqueline Hatch, Planner- SUBJECT: Updated USR-1488 The Department of Planning Services has provided updated comments for USR-1488 for Farfrumwurkin LLP — Jon File and Kenneth and Judith Schell for a Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development facilities including Sand and Gravel Mining in the (A) Agricultural Zone District. Staff has also included comments that have been received since the October 19, 2004 Planning Commission hearing from referral agencies and surrounding property owners. r PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS/ d> 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, Jacqueline Hatch, HEREBY CERTIFY UNDER PENAL S OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAS TE DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR(IS -Nita IN THE A (AGRICULTURAL) ZONE DISTRICT. vtG•cuuet..NZ i ATG1{ Name of Person Posting Sign Signatur of Person Posting Sign STATE OF COLORADO ) ) ss. COUNTY OF WELD The oregoing instrument was subscribed and sworn to me this I D day 20f WITNESS my hand and official seal. talky `.& Notary Public My Commission Expires: /6/2 f0�j . E \4' 9 �3■��©f\ z .77 ~ _ 55� ` NOTICE n:u m NSERVICESAS I 9 1153 IA0 SEAS A �� PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS l'7 1I2 HE 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, Jacqueline Hatch, HEREBY CERTIFY UNDER PENALT ES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR -r 98 IN THE A (AGRICULTURAL) ZONE DISTRICT. NiA_c.,3.�e.. l 1 A9-c�f Name of Person Posting Sign Sign re of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this b day of 2004. WITNESS my hand and official seal. bike (2IThaika; Notary Public My Commission Expires: /Li ;71Oi 'LAO •• • rte Y. is . l , ' • i:`•. . aV rfry ' ••1•••••••>71647:::%: . f ` ' . , • .fir'„• ,•r1�J� r1•�� t•• 1,`..< t• r c'. �'• u. • 'F ' • • 1 '`,c¢ ,...�� • y;`. �'''Ukik.;k t1 • r :,fs 4J� k! )1 t ♦ -•'ti .� *..a '(K sY T? '� • 4j t L1�1 1) '-!R• 1... ��1 x' .�(��T,;1_ i l., till ...'�., rich '}t'•-.C%-::;;,;i;;1-',,773,46,..s.4 -� g�} %) . + t`+i l ).:_1' 1 jft,iej ea • 1. ei4rt•. y` q) Et ! yV,( ' y • i• 'td 4 , �� .`;+ "1"•,;•-,4,7 14 i I f . VI NOTICE >rt19c •4 ri•; := `. i s ' f;'fk� ;+ • l �r �• L :p• . �1I4f a t A PUBLIC HEARING CONCERNING +\ t"41. -QfJ i 1.1 41itge.ill t P ;y THIS PROPERTY WILL BE HELD At . • .�, sf`ti� } L • a1 w •it - a 7 I . I le `,T • •p f• : -�`• �q,L• FOR MORE INFORMATION CALL gt., s 4• 7' `� y + 1 '' t ' WELD COUNTY DEPARTMENT OF ,r j• r' ' 1 r-'�t f Y'? PLANNING SERVICES Al i F (4 C �� rs '� r , M 19701353 6100 �l1, 3540 'N'il ^ 'rP�l • r ! f'Y '- •I I. `a) t` 1 i 11 5i, • I •1 't`��' t• •r1 • tz, Y ,! 1;4)� ` 1D'A IV ,.• 4h a'J+, , uwiw�ri�� , y e . IX s 5 v ..t' `, re ins, '4.4: . Alegi elf � l �. k 1 A +mat r N 'G 's,-E . -fit`4, [n ry A ♦f^""�44:1; A.;4._ _4,, .....,Ts. ,,,, ,, ,„.„ , 4oey pi {`y1 1 ,,, T`r`a: 4 i N� � � 4“ . 1Jrtr7 { 4 4+1I ' ) (g } —:-�r-- 9 el I... ill, NOTICE-, fillefilfirt HI it Malt 4 Ake. fl,Wf<. .• fit, i lii / • . -__ . �._ _ _ _.� .r Lam►-, 1� �� or nt • S A. fa In s y . r • .�..:r.:� "s. �` ; 'iii;', , i AA . ..; .Ya. J . • jai, malSkaillit...------------------- . 're .ter . . lom DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 918 10th STREET WIlDc. GREELEY, COLORADO 80631 COLORADO August 25, 2004 Farfrumwurkin LLP c/o Peter Weiland Weiland Inc 10395 West Colfax Suite 350 Lakewood CO 80215 Subject: USR-1488- Request for a Site Specific Development Plan and Special Review Permitfor a mineral resource development facility including dry open pit mining and materials processing in the A(Agricultural) Zone District on a parcel of land described as E2SW2&N2 SE4&part of the W2W2 of Lot B of RE-3474;being part of the W2W2 of Section 32,T2N, R68W;and part of the SE4 of Lot B of RE-1775 of Section 31,T2N, R68W of the 6th P.M.,Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for October 19, 2004, at 1:30 p.m. This meeting will take place in the Hearing Room,Southwest Weld County Planning Department,4209 CR24-1/2,Longmont,Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. 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 Dacono, Erie and Frederick Planning Commission for their review and comments. Please call Dacono at (303)833-2317, Erie at (303) 926-2700 and Frederick at (303) 833-2388 for further details regarding the date,time,and place of this meeting. It is recommended that you and/or a representative be in attendance at the Dacono, Erie and Frederick Planning Commission meeting to answer any questions the Commission members may have with respect to your application. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way,one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive)intersects a publicly maintained road right-of-way. The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. Respectfully, 94arus.„ /��,� 420 atch Planner FIELD CHECK Inspection Date: 9/13 APPLICANT: John File, Farfrumwurkin LLP,& Kenneth and Judith Schell CASE#: USR-1488 REQUEST: A Site Specific Development Plan and a Special Review Permit for mining in the A (Agricultural)Zone District. LEGAL: E2SW2 & N2 SE4, & Pt W2W2 Lot B RE-3474, Pt W2W2 Section 32, T2N, R68W and Pt SE4 Lot B RE-1775 Section 31,T2N, R68W of the 6t" P.M.,Weld County, CO. LOCATION: North of and adjacent to Highway 52;west and east of and adjacent to CR 3 1/4. PARCEL ID#: 1313 32 300038, 1313 32 300039, 1313 32 300040, 1313 31 00036 ACRES: 310+/-acres Zoning Land Use N A (Agricultural) N A (Agricultural) E A (Agricultural) E A (Agricultural) S A (Agricultural) S A (Agricultural) W A (Agricultural) W A (Agricultural) COMMENTS: Oil and gas on site Ditch running through property Property slopes down from Highway 52 and then levels out on the northern portion of the site. County Road 3 ' dissects the property The lot next to Highway 52 has had some ground improvements. The lots north of Ditch are currently farmed. Ara. Jacqueline atch, P anner Hello