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Home My WebLink About20040095.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Heit Farms, Ltd. PP Case Number USR-1444 Submitted or Prepared Prior to At Hearing Hearing ` 1 Staff Comments X ` Department of Planning Services Field Check Form X Letter to Applicant X Legal Notifications X • 2 Application X Maps Deed/Easement Certificate Surrounding Property/Mineral Owners Utilities 3 Referral List X Referrals without comment Fort Lupton Fire Department referral received 8/25/2003 4 Referrals with comments X Weld County Department of Public Works referral received 9/4/2003 (2 pages) Weld County Department of Public Health and Environment referral received 9/17/2003 (4 pages) Weld County Department of Building Inspection referral received 9/9/2003 (3 pages) Weld County Sheriffs Office referral received 9/13/2003 Weld County Zoning Compliance Officer referral received 8/20/2003 Weld County Planning (Landscape)referral received 9/15/2003 Platte Valley Soil Conservation District referral received 9/9/2003 (3 pages) Department of the Army-Corps of Engineers referral received 9/2/2003 Colorado Department of Transportation referral received 8/26/2003 Office of State Engineer—Division of Water Resources referral received 8/27/2003 Meadow Island#1 Ditch Company 5 Surrounding Property Owners/Mineral Owners ` 5A Letter from Leonard Vargas received May 13,2003 X N. 5B Letter dated October 16, 2003 from Robert&Mary Stahl (2 pages) X 5C Letter from P.Andrew Jones—Lind, Lawrence&Ottenhoff dated October 6,2003 X PC Exhibits 6A Letter from Robert J. Bruce, Lindsey& Bruce P.C.dated October 16,2003 X 6B Letter&attachments from Banks&Gesso dated October 16,2003 X 2004-0095 6C Sign Posting Certificate (l c,/ 6D Mined Land Reclamation Board Findings of Fact, Conclusions of Law and Order, File No. M-2003-016 6E Agreement between Heit Farm and Windells 6F Letter from Larry L. Lord, Manager, So. Adams County Water and Sanitation District (loizacri) 6G Groundwater Modeling Plat 6H Copy of slides for power point,Justin Flannigan, Linda Piper, Laura Coyle. 61 Letter and petition submitted by Laura Coyle 6J Information from Laura Coyle 6K Letter from William Holloway 6L Letter from Bill Gee 6M Map of Site I hereby certify that the 35 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Board of County Commissioners hearing. b ruun 1 Chris Gathman •i Planner LAND USE APPLICATION COLORADO SUMMARY SHEET Case Number: USR-1444 Hearing Date: October 21, 2003 Applicant: Heit Farms Ltd. C/O Banks & Gesso; 720 Kipling Street, Suite 117, Lakewood, CO 80215 Request: A Site Specific Development Plan and a Special Review Permit for a mineral resource development facility (dry open pit mining and materials processing for sand & gravel and an asphalt and concrete batch plant) in the A(Agricultural)Zone District Legal Description: Lots 4, 5 & 6, Lupton Meadows Land Division No. 1; Part of the N2SE4 and part of the S2NE4 Section 13, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado Location: West of and adjacent to County Road 25 and North of and adjacent to County Road 201/4 Size of Parcel: +/- 102 acres (area to be mined: +/-61 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 8/20/2003 • Weld County Department of Public Health and Environment, referral received 9/17/2003 • Weld County Department of Public Works, referral received 9/4/2003 • Weld County Department of Building Inspection, referral received 9/9/2003 • Weld County Sheriffs Office, referral received 9/13/2003 • Fort Lupton Fire Protection District, referral received 9/25/2003 • Platte Valley Soil Conservation District, referral received 9/9/2003 • Weld County Landscape referral, referral received 9/15/2003 • Colorado Department of Transportation, referral received 8/26/2003 • Department of the Army—Corps of Engineers, referral received 9/2/2003 • Office of State Engineer— Division of Water Resources, referral received 8/27/2003 • Meadow Island #1 Ditch Company, referral received 10/7/2003 Referrals have not been received from the following agencies: 1 11 EXHIBIT Referrals have not been received from the following agencies: • Lupton Meadows Ditch • City of Fort Lupton • Colorado Division of Wildlife 2 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW COLORADO Planner: Chris Gathman Case Number: USR-1444 Hearing Date: October 21, 2003 Applicant: Heit Farms Ltd., C/O 720 Kipling Street, Suite 117, Lakewood, CO 80215 Request: A Site Specific Development Plan and a Special Review Permit for a mineral resource development facility (dry open pit mining and materials processing for sand & gravel and an asphalt and concrete batch plant) in the (A)Agricultural Zone District Legal Description: Lots 4, 5 & 6, Lupton Meadows Land Division No. 1; Part of the N2SE4 and part of the S2NE4 Section 13, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado Location: West of and adjacent to County Road 25 and North of and adjacent to County Road 201/4 Parcel Size: +/- 102 acres (+/- 61 acres to be mined) Parcel Number: 1311 13 001002 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 22-5-80.B of the Weld County Code states "Promote the reasonable and orderly development of mineral resources." Section 22-5-30 of the Weld County Code states "New Developments should be located and designed to preserve critical ecosystem components, including wetlands, significant wildlife habitats and migration corridors." A wetland area is located in the area not to be mined in the eastern portion of the site. Colorado State Statute § 34-1-305 addresses the preservation of commercial mineral deposits for extraction. 3 (1) "After July 1, 1973, no board of county commissioners, governing body of any city and county, city, or town, or other 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." (2) "After adoption of a master plan for extraction for an area under its jurisdiction, no board of county commissioners, governing body of any city and county, city, or town, or other 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 containing a commercial mineral deposit in a manner which would interfere with the present or future extraction of such deposit by an extractor." (3) "Nothing in this section shall be construed to prohibit a board of county commissioners, a governing body of any city and county, city, or town, or any other governmental authority which has control over zoning from zoning or rezoning land to permit a certain use, if said use does not permit erection of permanent structures upon, or otherwise permanently preclude the extraction of commercial mineral deposits by an extractor from, land subject to said use." (4) "Nothing in this section shall be construed to prohibit a board of county commissioners, a governing body of any city and county, city, or town, or other governmental authority which has control over zoning from zoning for agricultural use, only, land not otherwise zoned on July 1, 1973." (5) "Nothing in this section shall be construed to prohibit a use of zoned land permissible under the zoning governing such land on July 1, 1973." (6) "Nothing in this section shall be construed to prohibit a board of county commissioners, a governing body of any city and county, city, or town, or any other governmental authority from acquiring property known to contain a commercial mineral deposit and using said property for a public purpose; except that such use shall not permit erection of permanent structures which would preclude permanently the extraction of commercial mineral deposits." B. Section 23-2-220.A.2 --The proposed use is consistent with the intent of the A (Agricultural)Zone District. Sections 23-3-40 A.3 and 23-3-40 A.4 of the Weld County Code provides for open pit mining and materials processing and asphalt and concrete batch plants 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 unincorporated townsite of Vollmer is located to the west of the site. A reclaimed gravel facility(approved under Special Use Permit 426) is located to the south of the site. Three single family residences are located to the east and southeast of the site. An existing greenhouse facility and single family residence are located approximately'A mile north of the site. There is an existing single family home and outbuildings on the site. The current property owner will occupy the residence for up to three (3) years after mining operations begin. The applicants intend to convert the residence into an office for the mining operation after the property owner leaves. Conditions of approval and development standards will ensure adequate mitigation will be taken to address impacts of the proposed gravel mining operation. 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 site is not located within the Fort Lupton Intergovernmental Agreement Area, however, the site is located within the 3-mile referral area for the City of Fort Lupton. Section 19-12-50.8 of the Weld County Code states "Development outside Urban Growth Area: To the extent legally possible, the COUNTY will disapprove proposals for Urban Development in areas of the MUNICIPAL Referral Area outside the Urban Growth Area. In reviewing proposals for Non-Urban Development in such areas, the COUNTY will apply its Comprehensive Plan and zoning and subdivision ordinances and, where appropriate, the MUD Plan." Section 19-12-40 of the Weld County Code defines terms per the Intergovernmental Agreement. By definition, Non-Urban Development is 'band uses which typically do not require services such as central water and sewer systems, road networks, park and recreation services, storm drainage and the like, and which are generally considered to be rural in nature, expressly including land used or capable of being used for agricultural production and including developments which combine clustered residential uses and agricultural uses in a manner that the agricultural lands are suitable for farming and ranching operations for the next forty(40) years." The proposed use of the land in the near term and also if in the future constitutes non-urban development as urban level services are not required. No referral indicating a conflict with their interests has been received from the City of Fort Lupton. E. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code. The site is located within the 100-year floodplain as outlined in FIRM Community Panel 080266 0866C dated September 28, 1982. A Flood Hazard Development Permit application shall be submitted and approved by the Department of Planning Services prior to recording the plat as a condition of approval for this application. 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) 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 property defined as"Prime"according to the 1979"Important Farmlands of Weld County' map. However, the site is located entirely within the 100-year floodplain which limits the agricultural use of the land. The site is presently used for the growing of crops. 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 Development Standards will ensure compliance with Section 23-4-290 and 23-4-300 of the Weld County Code. - 5 - 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 a Board of County Commissioners hearing: The applicant shall submit a detailed signage plan to the Weld County Department of Planning Services. (Dopartment of Planning Services) B. The applicant shall eithor submit to tho Wold County Department of Planning Services a copy of an agreement with tho properties mineral owners stipulating that the oil and gas activities have adequately boen incorporated into the design of the site or show evidence that an adequate attempt has boen made to mitigate the concerns of the mineral owners. (Department of Planning Services) C. The applicant shall either submit to the Weld County Department of Planning Services a copy of an agreement with neighboring property owners stipulating that potential impacts to adjacent wells have been adequately mitigated or show evidence that an adequate attempt has been made to mitigate property owners concerns in regards to well impacts. (Department of Planning Services) D. The applicant shall submit a copy of an agreement with the Lupton Moadows Ditch Company, whose irrigation ditch runs along the northeast corner of the site, stipulating that all concerns of the ditch company have been adequately addressed, or submit evidence that reasonable accommodations have been made. (Department of Planning Services) 2. Prior to recording the plat: A. The plat shall be labeled USR-1444. (Department of Planning Services) B. The applicant shall attempt to address the recommendations (concerns) of the Platte Valley Soil Conservation District as stated in their referral received September 9, 2003. Written evidence of such shall be provided to the Department of Planning Services. (Platte Valley Soil Conservation District) C. 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 criteria of emissions, hazardous or odorous air pollutants. Evidence of such shall be provided to the Department of Planning Services. (Department of Public Health and Environment) D. A CPDS Permit shall be obtained from the Water Quality Control Division of the Colorado Department of Health for any proposed discharge into State Waterways. Written evidence of such shall be provided to the Department of Planning Services. (Department of Public Health and Environment) E. The applicant shall submit a waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. The plan shall include at a minimum, the following: - 6 - 1) A list of wastes which are expected to be generated on site (this should include expected volumes and type 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) * Evidence of Health Department approval shall be submitted to the Department of Planning Services. F. For any vehicle maintenance facility located on the site that is equipped with a floor drain, the applicant must apply for an Underground Injection Control (UIC)Class V Injection Well Permit through the Environmental Protection Agency(EPA), for the floor drain system, or provide evidence that the applicant is not subject to the EPA Class V requirements.Written evidence of such shall be provided to the Department of Planning Services. (Department of Public Health and Environment) G. The Colorado Department of Transportation (CDOT), in their referral received August 26, 2003, indicated that volumes generated by this proposal alone would trigger improvements to the northbound to westbound left turn lane on Highway 85 to County Road 18. They indicated that the applicant should provide a longer left turn lane as a condition of this permit. The applicant shall provide an agreement with CDOT in regards to lengthening the left turn lane or written evidence that the applicant has addressed the concerns of CDOT. (CDOT) H. The applicant shall provide a pavement design for the pit entrance south to the existing asphalt intersection for review and approval by the Department of Public Works. Written evidence of such shall be provided to the Department of Planning Services. (Department of Public Works) The applicant shall enter into a Long-Term Road Maintenance and Improvements Agreement with the Weld County Public Works Department for the designated haul route. The improvements agreement shall include the portion of the haul route to be upgraded, paving and shouldering from the pit entrance south to the existing asphalt section and any overlay and shouldering requirements on County Road 18 and County Road 25 as determined by the Department of Public Works to accommodate the proposed heavy hauling. The improvements agreement shall address proportional cost share base on truck traffic to Weld County Road 18 and 25. The improvements including a school bus pull-off, the widening of Bridge 25/18A, a right turn lane (free right) onto the acceleration lane at U.S. Highway 85, and turning radii at intersections associated with the gravel pits. Engineering design and construction plans shall be the responsibility of the gravel haulers. Construction drawings shall be provided by the applicant with approval by the Weld County Department of Public Works. (Department of Public Works) - 7 - r-� J. The applicant shall enter into a Private Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for transportation and landscaping requirements. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the plat. The improvements agreement and collateral shall address the installation of pavement or concrete for the approach road for the office/scale house to County Road 25 and a small parking area to handle dust control from the gravel pit. (Department of Public Works) K. The applicant shall address the requirements (concerns) of the Weld County Sheriff's Office as stated in their referral received September 13, 2003. Written evidence of such shall be provided to the Department of Planning Services. (Weld County Sheriff) L. The applicant shall apply and receive approval for a flood hazard development permit any buildings and stockpiling of materials. (Department of Planning Services) M. The applicant shall address the requirements of the Department of Planning Services as stated in their landscape referral received September 15, 2003. Written evidence of such shall be submitted to the Department of Planning Services. (Department of Planning Services) N. The applicant shall submit a revised Landscape Buffer and Screening 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 berms. The berms should be a minimum 4:1 slope as recommended in the referral from the Platte Soil Conservation District as received September 9, 2003. Any berm placed in the one hundred (100) year flood plain of the South Platte River cannot obstruct passage of flood flows. 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) O. Applicant shall provide an approved copy of a Temporary Substitute Water Supply Plan from the Colorado Division of Water Resources or a court approved Water Augmentation Plan to the Department of Planning Services. (Department of Planning Services) P. The applicant shall provide evidence that the existing irrigation well (Permit #20136) on the property has been permitted for use for the processing facilities, batch plant, and employees of the mining operation. (Department of Planning Services) Q. The plat shall be amended to delineate the following: 1. The plat shall be in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The location of any on-site signs. (Department of Planning Services) 4. County Road 25 is designated in the Road Capital Improvement Plan in the County Wide Road Impact Fee Code Ordinance, Section 20-1-30, as a local paved road, which requires a 60-foot right-of-way at full build out. There is presently 60-feet of right-of-way. A total of 30-feet from the centerline of County - 8 - Road 25 shall be indicated as right-of-way on the plat. This road is maintained by Weld County. (Department of Public Works) 5. County Road 20 1/4 is designated in the Road Capital Improvement Plan in the County Wide Road Impact Fee Code Ordinance, Section 20-1-30, as a local paved road, which requires a 60-foot right-of-way at full build out. There is presently 60-feet of right-of-way. A total of 30-feet from the centerline of County Road 20 1/4 shall be indicated as right-of-way on the plat. This road is maintained by Weld County. (Department of Public Works) 6. The approved Landscape Buffer and Screening Plan. The plan shall address screening from the Vollmar townsite and adjacent single family residences. (Department of Planning Services) 3. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County 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. (Department of Planning Services) 5. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to maos(a.co.weld.co.us. (Department of Planning Services) 6. Prior to Construction: A. A building permit shall be obtained prior to the construction of the concrete and/or asphalt batch plant, scale house, shop building, office trailer and any other structure placed on the parcel including any sign. Demolition permits are required for the demolition or removal of any structure on the property. 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) B. A plan review is required for each building for which a 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) 7. Prior to operation: A. There is no documentation that the existing septic system located within the USR boundary is currently permitted through the Weld County Department of Public Health and Environment. This system will require an I.S.D.S. Evaluation prior to the issuance of the required septic permit. Since the residence will eventually be used as an office, the septic system must be evaluated by a registered professional engineer for adequacy for the current residential use and the future commercial use (25 employees). In the event the system is found to be inadequate, the system must be brought into compliance with - 9 - I.S.D.S. regulations. (Department of Public Health and Environment) B. The applicant shall complete improvements to the northbound to westbound turn lane on Highway 85 to County Road 18 as required by the Colorado Department of Transportation (CDOT) in their referral dated August 26, 2003. Evidence of CDOT's acceptance of the upgraded turn lane shall be provided to the Department of Planning Services. (CDOT) C. Submit a dust abatement plan to the Environmental Health Services,Weld County Department of Public Health and Environment, for approval. Evidence of Health Department approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) D. Site drawings shall be submitted to the Fort Lupton Fire Protection District. Evidence of attempt to comply with Fire District requirements shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) E. 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 Adams Site. (Department of Planning Services) F. Any Ditch crossing construction specifications shall be reviewed and approved by the Lupton Meadows Ditch Company Board before any work is allowed. Any culverts shall be a minimum of a 4-foot squash type with appropriate construction methods used. (Lupton Meadows Ditch Company) 8. 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) - 10 - SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Heit Farms Ltd. USR-1444 1. The Site Specific Development Plan and Special Use Permit is for a mineral resource development facility (dry open pit mining and materials processing for sand & gravel and an asphalt and concrete batch plant) 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. 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 Public Works) 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 exclude those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Site and Facilities Act, 30-20-100.5, C.R.S. (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. The facility shall be operated in accordance with the approved dust abatement plan at all times. (Department of Public Health and Environment) 8. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment) 9. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank Regulations (7 CCR 1101-14). (Department of Public Health and Environment) 10. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's)and volatile organic compounds (VOC's). (Department of Public Health and Environment) 11. The applicant shall operate in accordance with the approved "waste handling plan". (Department of Public Health and Environment) - 11 - 12. 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 from the washing of vehicles in accordance with the Weld County Code, the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health and Environment) 13. Adequate toilet and handwashing facilities shall be provided for employees and patrons of the facility. (Department of Public Health and Environment) 14. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Septic Disposal Systems. (Department of Public Health and Environment) 15. 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) 16. If applicable, the applicant shall obtain a Storm Water Discharge Permit from the Colorado Department of Public Health and Environment, Water Quality Control Division. (Department of Public Health and Environment) 17. The installation of the septic system shall comply with the Weld County I.S.D.S. flood plain policy. (Department of Public Health and Environment) 18. Portable toilets may be utilized on sites which 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) 19. The facility shall provide a permanent, adequate water supply for drinking and sanitary purposes. (Department of Public Health and Environment) 20. All sand and gravel operations shall be conducted during the hours of daylight except in the case of public or private emergency, or to make necessary repairs to equipment. This restriction shall not apply to operation of administrative and executive offices or repair facilities located on the property. (Department of Planning Services) 21. Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties; neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. (Department of Planning Services) 22. 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. (Sheriff) 23. "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) 24. Existing trees and ground cover along public road frontage and drainage ways shall be preserved, maintained, and supplanted, if necessary, for the depth of the setback in order to protect against and/or reduce noise, dust and erosion. (Department of Planning Services) - 12 - 25. Where topsoil is removed, sufficient arable soil shall be set aside to re-spreading over the reclaimed areas. (Department of Planning Services) 26. 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) 27. The operation shall comply with all applicable rules and regulations of the Colorado Division of Minerals and Geology. (Department of Public Health and Environment) 28. The operation shall comply with the Occupational Safety and Health Act (OSHA). (Department of Public Health and Environment) 29. The operation shall comply with the Mine Safety and Health Act (MSHA). (Department of Public Health and Environment) 30. The operation shall comply with all applicable rules and regulations of the Federal Emergency Management Agency including a Letter of Map Revision if determined to be applicable. (Department of Planning Services) 31. If any work associated with this permit 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 at this site, the Department of the Army—Corps of Engineers should be notified in regards to proper permits. (Department of the Army—Corps of Engineers) 32. A building permit shall be obtained prior to the construction of the concrete or asphalt batch plants, scale, shop building, office trailer and any other structure placed on the parcel including any sign. Demolition permits are required for the demolition or removal of any structure on the property. 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) 33. A plan review is required for each building for which a 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) 34. The buildings shall conform to the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 1997 Uniform Building Code; 1998 International Mechanical Code; 1997 International Plumbing Code; 2002 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 35. Each building 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) 36. Building wall and opening protection and limitations shall be in accordance with Uniform Building Code Table 5-A. Separation of buildings of mixed occupancy classifications shall be in accordance with Table 3-B and Chapter 3. Setback and offset distances shall be determined by Chapter 23, Section 23-3-50 of the Weld County Code. (Department of Building Inspection) - 13 - .- 37. Building height shall be measured in accordance with the 1997 Uniform 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 27 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) 38. Effective January 1, 2003, building permits issued on the site will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 39. The landscaping on site shall be maintained in accordance with the approved Landscape Screening and Buffering Plan. (Department of Planning Services) 40. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of exploration development, completion, recompletion, re-entry, production and maintenance operations associated with existing or future operations located on these lands. (Department of Planning Services) 41. There shall be a minimum setback of 20-feet from Lupton Meadows Ditch to any slurry wall construction. An adequate access road shall be maintained for the Ditch company's use. (Lupton Meadows Ditch Company) 42. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 43. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 and Section 23-4-290,Weld County Code. 44. 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) 45. Personnel from 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. 46. 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. 47. 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. - 14 - 64‘fl DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970)304-6498 I 1555 N. 17TH AVENUE h iDe GREELEY, COLORADO 80631 COLORADO August 14,2003 Heit Farms LTD 4520 CR 27 Fort Lupton CO 80621 Subject: USR-1444- Request for a Site Specific Development Plan and Special Use Permit for Mineral Resource Development Facility including wet & dry open pit mining and materials processing and an asphalt and concrete batch plant in the A(Agricultural)Zone District on a parcel of land described as Part N2SE4&part N2 SE4 Section 13, T2N, R67W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for October 21, 2003, at 1:30 p.m. This meeting will take place at the Southwest Weld County Complex,4209 CR 24%3, Longmont,CO. 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 minerr it estate owners. Colorado Revised Statute,C.R.S.24-65.5-103 (adopted as part of H.B.01-1088)requires notification:Df all mineral estate owners 30 days prior to any public hearing. The applicant shall provide the Weld County Planni ig 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(303)857-6694 for further details regarding the date, time, and p ace of this meeting. It is recommended that you and/or a representative be in attendance at the Fort Lupton Plannin 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 wh ch 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 pant 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 app':.ration 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, 44 .7J±7144ta Chris Gathman Fanner 1 j PLANNING COMMISSION SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS: L'4bb°'-- I I ` , 2003 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE. EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICLY 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 PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSION HEARING FOR USR- 4 LP-1. THE SIGN WAS PQSTED BY: LIS, s Gatd1C(9%._ NAME OF PERSON POSTING SIGN • • S44 eitetal SIGNATURE FOR PERSON POSTING SIGN STATE OF COLORADO) )ss. COUNTY OF WELD ) SUBSCRIBED AND SWORN TO ME THIS o?/SY DAY OF O , +9 ,2 00 3.. 7 BROp LL6-i 0. stt4J;-&62 NOTARY PUBLIC } festwoo 1 S. l I �a� moos , 0 g0smanagstlalt ll THIS FORM SHALL BE PLACED IN THE APPROPRIATE FILE FOR THE ABOVE CASE. ©anair Mir J ,,.. . 'ate j. .y t r--\..S.. ` .. ^' 1 '.-> �.e' Wine NOTICE Wi�oc e-e. * . A PUBLIC HEARING CONCERNING $ , THIS PROPERTY WILL BE HELD AT: i, •i .riv rtGV CO. 'sOSL`i ; , L - , NAME L j . ; j_ , . ;� y REQUEST _ • R Y �.. Vet" .. _ 4 i ;T-J` CASE NO _'_ ACRES 1 'A J -'- TOR MORE INFORMATION CALL ; . '_' ', J:;�4 > ' WELD COUNTY DEPARTMENT OF -qy. 2 PLANNING SERVICES AT k . .tv V (910 )353 -6100 ext. 3540 ,,.yt;,- • • • T its 1. i4. a i'. Ott ^ rF'r t i;� „it:. �i J , yL i - a . e .``I 04 fir„ H!, .. .. • �1 Willi NOTICE Wilk r, ...... fi ....... , „, , . r , , � , ` , �. f ,� A PUBLIC HEARING CONCERNING -.v. �� > • 7 .,, hk A` THIS PROPERTY WILL BE HELD AT: 'A i - ir tor, - -,,,, ,..,....., c , :*. , ,. /...xl 20 - At - 4 •a .4, NAME w • ir r ! ''0.4 ?-1 ', r 3 "�� , .• CASE NO ACRES ^+,. •A a 4 •%: .:a7; ,; Y� FOR MORE INFORMATION CALL ` ti l� ` ' y+ / WELD COUNTY DEPARTMENT OF 'r ^ : • ' = = PLANNING SERVICES AT �� "��=""` areptii ti• '' : _6. _ (970)353-6100 ext. 3540 e. _ l r J rSj.- / raw ��\ r �tJr � w14 r 4AC), et i y r �X Jt �� r ter.: , �� t• ]fw .a _Atli ,t '. ! '�'` K':. _..rY :c' .Z •1. J< � x III C . • • • 4 • • � 144 I l . . • • I. • .. - . i <. . . • 7'14. 1• I • • Y _� - _ _raw • a , .:4. -I.• . r., - - iv.. .. ' - .. a- 1 _raw • a , .:4. -I.• . r., - - iv.. .. ' - .. a- 1 id 1 � ..,s 14, £ } i, QQQ vi. .J � l ', .` d St: J•4- �' ' 1 i • I • , ,� Ake • . • is I I . 1 {{ • , i ` • t' z• ice! . r: ��{ w--... ir:.�� bk : f�wi,- to ti mot 1", f` r#= , ►$ ,i ( a ` a` � haw. . . ..,• ,r = c • • •� F , F-' A , • _ - • a I --- ..- - • `�. � � • ••, ` t.."." .••••• •1 • i • ws .' µhr 'e h ` ! �t \ -. •�ti, •+ }!y .1 ms 's- . in a , . i 1 • o rel. a be • 4-k 4 ... ieN .1:14 al e II se% r4. I i I `� `� "' . 4 . . a Z 1 , 1 FIELD CHECK CASE NUMBER: USR-1444 DATE OF INSPECTION: 9-, z----7-0-D3 APPLICANT'S NAME: Heit Farms LTD PLANNER: Chris Gathman REQUEST: Site Specific Development Plan and Special Use Permit for Mineral Resource Development Facility including wet&dry open pit mining and materials processing and an asphalt and concrete batch plant in the A(Agricultural)Zone District. LEGAL DESCRIPTION: Part N2SE4&part N2 SE4 Section 13,T2N, R67W of the 6th P.M.,Weld County, Colorado. LOCATION: West of and adjacent to CR 25; north of and adjacent to CR 20 1/4. LAND USE: D N Ca.••••• 5/o i_ J E It4� /mo 2 2i _ (I‹ W I �s rte — So ^go_ t [. s J/ ZONING: N A(Agricultural) E A(Agricultural) S A(Agricultural) W A(Agricultural) COMMENTS: r 14:425 e_er-211 P.C. Member FIELD CHECK inspection date: October 10, 2003 CASE NUMBER: USR 1444 APPLICANT: Heit Farms, Ltd. LEGAL DESCRIPTION: Part of the S2 NE4 Section 13, Township 2 North, Range 67 West of the 6th PM, Weld County, CO LOCATION: North of and adjacent to County Road 20 1/4; West of Weld County Road 25 Zonin Land Use N A (Agricultural) N Nursery E A (Agricultural) E Two single family residences S A (Agricultural) S reclaimed Gravel Pit W A (Agricultural) W Town of Vollmer * The site has an existing single family residence and outbuildings. * Wetlands area on west end of site. * Majority of site is in crop. eLLetA___ Chris Gathman Planner II, AICP Hello