HomeMy WebLinkAbout20033261.tiff INVENTORY OF ITEMS FOR CONSIDERATION
ApplicantPaving
Pp Premier Case Number USR 1436
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution
2 Staff Comments X
Department of Planning Services field check form X
Planning Commissioner Fitzgerald field check form
Letter(s)to Applicant X
Photograph of sign posting X
Legal Notifications X
3 Application X
Maps X
4 Referral List X
Referrals without comment X
5 Weld County Zoning Compliance, referral received July 9,2003 X
Referrals with comments
6 State of Colorado, Department of Transportation, referral received X
March 3,2003 and July 16,2003
7 City of Brighton, referral received March 14,2003 X
8 Weld County Sheriff's Office, referral received July 13,2003 X
9 Fort Lupton Fire Department, referral received 7-14-2003 X
10 Kerr-McGee Rocky Mountain Corporation, referral received 7-18-2003 X
11 State of Colorado, Division of Water Resources, referral received July X
16,2003
12 Weld County Department of Public Health and Environment, referral X
received July 29,2003
13 Weld County Department of Building Inspection, referral received July X
30,2003
14 USDA-Natural Resources Conservation Service, referral received X
August 1, 2003
15 Weld County Department of Public Works, referral received August 5, X
2003
16 City of Fort Lupton, referral received August 26, 2003 X
X
2003-3261
PC Exhibits
17 Banks&Gesso, LLC Letter to Ogle dated September 9,2003 X
18 Floyd Acre Letter to Planning Commissioners dated September 8,2003 X
19 Staff Amendments to Text-Staff Comments, dated September 16, 2003 X
Two Memorandums
19b "Size Matters" Folder-Floyd Acre X
20 Map -David Norcross 61.1,,iija araud PiP udn G,i') X
21 Petition -Jane Sasaki X
I hereby certify that the 22 items identified herein were submitted to the Department of Planning Services at
or prior to the scheduled Planning Commission hearing. The items were forwarded to the Board of County
Commissioners.
Kim gle •8,,nner III
Will C. LAND USE
APPLICATION
SUMMARY SHEET
COLORADO
Case No.: USR-1436 Hearing Date: September 16, 2003
Applicant: Russ Ottenstein
Address: c/o Banks & Gesso LLC, 720 Kipling Street Suite 117; Lakewood, CO 80215
Request: Site Specific Development Plan and Special Review Permit for Mineral Resource
Development facilities;including open pit mining and materials processing;including
a Concrete and Asphalt Batch Plant in the A (Agricultural) Zone District
Legal: S2 NE4 & NE4 NE4 of Section 19, T1 N, R66W of the 6th P.M., Weld County,
Colorado
Location: South of and adjacent to CR 8; east of and adjacent to US 85; and west of and
adjacent to CR 27.
Area included in Use by Special Review
Size of Parcel: 112 +/- acres; Area to be Mined: 89 +/- 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:
• State of Colorado, Department of Transportation,referral received 3-3-2003 and 7-22-2003
•
City of Brighton, referral received 3-14-2003
• Weld County Zoning Compliance, referral received 7-9-2003
• Weld County Sheriff's Office, referral received 7-13-2003
•
Fort Lupton Fire Protection District, referral received 7-14-2003
•
Kerr-McKee Rocky Mountain Corporation, referral received 7-18-2003
• State of Colorado, Division of Water Resources, referral received 7-21-2003
• Weld County Department of Public Health and Environment, referral received 7-29-2003
• Weld County Department of Building Inspection, referral received 7-30-2003
West Adams Soil Conservation District, referral received 8-1-2003
•
Weld County Department of Public Works, referral received 8-6-2003
• City of Fort Lupton, referral received 8-28-2003
EXHIBIT
USR-1436,Premier Paving-Adams Site,Page 1
The Department of Planning Services' staff has not received responses from the following
agencies:
• Colorado Division of Wildlife
• Division of Minerals and Geology
• Branch Ditch Company
r
r—.
USR-1436,Premier Paving-Adams Site,Page 2
461/4wjl
SPECIAL REVIEW PERMIT
r \l ADMINISTRATIVE REVIEW
111MG
COLORADO
Planner: Kim Ogle
Case No.: USR-1436 Hearing Date: September 16, 2003
Applicant: Russ Ottenstein
Address: c/o Banks & Gesso LLC, 720 Kipling Street Suite 117; Lakewood, CO 80215
Request: Site Specific Development Plan and Special Review Permit for Mineral Resource
Development facilities;including open pit mining and materials processing; including
a Concrete and Asphalt Batch Plant in the A (Agricultural) Zone District
Legal: S2 NE4 & NE4 NE4 of Section 19, T1N, R66W of the 6th P.M., Weld County,
Colorado
Location: South of and adjacent to CR 8; east of and adjacent to US 85; and west of and
adjacent to CR 27.
Area included in Use by Special Review
Size of Parcel: 112 +/- acres; Area to be Mined: 89 +/- acres
Parcel Number: 1471 19 000034
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 agricultural lands to the west, north and south, and industrial type
activities to the east.
Colorado State Statute § 34-1-305 addresses the preservation of commercial
mineral deposits for extraction.
(1) "After July 1, 1973, no board of county commissioners, governing body of
USR-1436,Premier Paving-Adams Site,Page 3
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. Section 23-3-40.A and Section 23-3-40.A.4 of the Weld
County Code provides for Mineral Resource Development facilities; including open
pit mining and materials processing; including a Concrete and Asphalt Batch Plant
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. Surrounding land uses are residential and
agricultural,with industrial type activities to the east(Halliburton, Balderas Salvage
Yard and the recently re-zoned JMF Cattle Company Feedlot to 1-3). There are
existing buildings on the parcel, including a residence and outbuildings,additionally,
there are oil and gas wells, tanks, and appurtenances that will not be impacted by
the mining activities.
USR-1438,Premier Paving-Adams Site,Page 4
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 agricultural, with rural residences in the
area. To the west, north and south are agricultural operations. State Highway 85
runs parallel to the western property line. The Branch Ditch runs parallel to the
eastern property line. The City of Brighton is approximately 1.5 miles to the south
of the permit area,with the City of Fort Lupton 1.5 miles to the north from the permit
area. The area to be mined is outside of the Urban Growth Boundary area for the
City of Brighton and outside of the Intergovernmental Agreement Area for the City
of Fort Lupton. The site is within the three mile referral area for the City of Fort
Lupton. Section 19-12-50.B 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 "Land 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.
The City of Brighton in a referral received March 14, 2003 stated they had reviewed
the request and found that the property had been identified on the Brighton 2020
Comprehensive Plan as being appropriate to agricultural uses. While the City is
generally not opposed to mineral extraction uses, they request stringent buffering
and landscaping standards be imposed.
The City of Fort Lupton, in a referral received August 28, 2003 stated they had
reviewed the request and found the proposal to not be consistent with the Fort
Lupton Comprehensive Plan and the Fort Lupton Transportation Plan. Further,the
City has concerns with a lack of coordinated infrastructure development, and, it is
not in the best interest of the health, safety and welfare of the citizens of Fort
Lupton. The City of Fort Lupton is recommending denial of the application.
Planning Staff concurs 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 23-5-200 of the Weld
County Code. The proposal is not located within the Flood Hazard Overlay District
USR-1436,Premier Paving-Adams Site,Page 5
area as delineated on FIRM Community Panel Map #080266-0983C dated
September 28, 1982.
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 prime agricultural land, however, the area adjacent to CR 27, to the east and
parcels to the southwest have industrial facilities or have been recently zoned
Industrial. The land has historically been utilized to produce corn.
G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County
Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions
of Approval,and Development Standards ensure that there are adequate provisions
for the protection of health, safety, and welfare of the inhabitants of the
neighborhood and County.
H. Section 23-4-250--Additional requirements for Open-mining have been addressed
through this application and the Development Standards will ensure compliance with
Section 23-4-250 Weld County Code.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to scheduling the Board of County Commissioners hearing:
A. Section 22-5-100.A of the Weld County Code states "oil and gas exploration and
production should occur in a manner which minimizes the impact to agricultural
uses and the environment and reduces the conflicts between mineral development
and current and future surface uses." Section 22-5-100.A.1 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." Finally, Section 22-5-100.A.2 of the Weld County Code states"new
development should be planned to take into account current and future oil and gas
drilling activity to the extent oil and gas development can reasonably be anticipated."
The applicant shall either submit a copy of an agreement with the property's mineral
owner/operators stipulating that the oil and gas activities have been adequately
incorporated into the design of the site or show evidence that an adequate attempt
has been made to mitigate the concerns of the mineral owner/operators. The plat
shall be amended to include any possible future drilling sites. (Department of
Planning Services)
B. The applicant shall submit a signed copy of an agreement with the Branch Ditch
Company regarding their requirements,if any. Evidence shall be submitted to the Weld
County Department of Planning Services for review and approval. (Department of
Planning Services)
USR-1436,Premier Paving-Adams Site,Page 6
2. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1. The Plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code. (Department of Planning Services)
2. All plats shall be labeled USR-1436 (Department of Planning Services)
3. The attached Development Standards. (Department of Planning Services)
4. A minimum of ten (10) feet of clearance from any existing power line or
future power line shall be maintained at all times as outlined by State
Statute. (Department of Planning Services)
5. The location of any on-site signs. (Department of Planning Services)
6. The approved Landscape, Screen and Berm Plan. (Department of Planning
Services)
7. The Permit Boundary for the mining operation shall align itself with the legal
descriptions of the parcels noted in the application. (Department of
Planning Services)
8. County Road 27 was an old state highway; verify the existing right-of-way
width. This road is designated an arterial status road,which requires a 130-
foot right-of-way at full build out. The applicant shall dedicate an additional
35-foot right-of-way for the widening and installation at the acceleration lane
at the exit. The City of Fort Lupton, in their referral dated August 26, 2003
states that County Road 27 should be improved to arterial standards
according to the Fort Lupton Transportation Plan. The applicant shall
provide written evidence of approval from both the City of Fort Lupton and
the Department of Public Works. Upon written approval, this shall be
delineated on the plat. This road is maintained by Weld County. (City of
Fort Lupton, Department of Public Works)
9. County Road 8 is designated on the Road Capital Improvement Plan in the
County Wide Impact Fee Code Ordinance, Section 20-1-30, as a collector
status road, which requires an 80-foot right-of-way at full build out. There
is presently a 60-foot right-of-way. A total of 40 feet from the centerline of
County Road 8 shall be delineated on the plat as right-of-way dedicated for
future expansion of County Road 8. The applicant shall dedicate an
additional 10-foot of right-of-way in front of the property for future widening
and installation of a deceleration lane at the entrance. This road is
maintained by Weld County.
The City of Fort Lupton, in their referral dated August 26, 2003 states that
County Road 8 should be improved to arterial standards according to the
Fort Lupton Transportation Plan. The applicant shall provide written
USR-1436,Premier Paving-Adams Site,Page 7
evidence of approval from both the City of Fort Lupton and the Department
of Public Works. Upon written approval,this shall be delineated on the plat.
(City of Fort Lupton, Department of Public Works)
10. County Road 6 is designated on the Weld County Transportation Plan Map
as a local paved road,which requires 60 feet of 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 6 shall be delineated right-of-way on the plat.
This road is maintained by Weld County. There are residential/agricultural
parcels and a dairy operation adjacent to this roadway. (Department of
Public Works)
11. In reviewing the traffic study,the applicant indicated that on a daily basis the
site will generate 170 vehicles trips. The applicant identified that the haul
route shall be from the pit entrance on County road 8 then east onto County
road 27 (Old US Highway 85) then south to County road 6 thence west to
US Highway 85 at the new light. The inbound traffic will utilize US Highway
85 to County Road 8 east to the pit entrance only. The applicant shall install
an acceleration/deceleration lane at the main entrance to accommodate this
volume. A construction drawing will be required for review and approval BY
the Department of Public Works. Upon written approval, this shall be
delineated on the plat. (Department of Public Works)
12. The applicant shall install an additional right turn lane from County Road 27
onto County Road 6 to accommodate trucks turning westbound. The
intersection detail shall take into consideration the right-of-way, drainage,
utility and other such issues. If widening is required, the applicant is
responsible to acquire additional right-of-way or relocation of the utilities, if
needed. Upon written approval, this shall be delineated on the plat.
(Department of Public Works)
13. All proposed lanes and turning radiuses shall be widened to accommodate
trucks. The intersection design and improvements shall take into
consideration the right-of-way, drainage, utility, and other such issues.
(Department of Public Works, CDOT)
14. The applicant shall dedicate an additional 10-foot right-of-way adjacent to
County Road 8 to accommodate improvements at this location. This should
be shown on the plat drawing. (Department of Public Works)
15. The applicant shall delineate the 3:1 slope berm around the perimeter of the
property to be mined that is planted with native plant materials indigenous
to the Colorado High Plains. Areas adjacent to SH 85 shall be augmented
with deciduous and evergreen materials of sufficient size in height and
breadth to screen and buffer the activity from the traveling public.
(Department of Planning Services, City of Brighton)
16. The materials utilized in the Landscape, Screening and Buffering Plan shall
be delineated on a screened mylar of the Extraction Plan Map and all plant
USR-1436,Premier Paving-Adams Site,Page 8
materials shall be identified on said drawing. This document shall be
prepared for recording. (Department of Planning Services)
17. The applicant shall delineate all right-of-way and easements associated with
the Branch Ditch Company. (Department of Planning Services)
B. The applicant 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 applicant shall submit written evidence of such to the Department
of Planning Services. (Department of Public Health and Environment)
C. The applicant submit a dust abatement plan to the Environmental Health Services,
Weld County Department of Public Health & Environment, for approval prior to
operation. The applicant shall submit written evidence of such to the Department
of Planning Services. (Department of Public Health and Environment)
D. The existing septic system, currently serving the residence, is not appropriately
permitted through the Weld County Department of Public Health & Environment.
The residence is being converted into an office. Any existing septic system must
be permitted. The septic system shall be reviewed by a Colorado Registered
Professional Engineer. The review shall consist of observation of the system and
a technical review describing the systems ability to handle the proposed hydraulic
load for the proposed staff at the facility. The review shall be submitted to the
Environmental Health Services Division of the Weld County Department of Public
Health and Environment. In the event the system is found to be inadequately sized
or constructed, the system shall be brought into compliance with current
regulations. (Department of Public Health and Environment) (Department of Public
Health and Environment)
E. 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.
The applicant shall submit written evidence of such to the Department of Planning
Services. (Department of Public Health and Environment)
F. The applicant shall comply with all provisions of the Underground and Above
Ground Storage Tank Regulations (7 CCR 1101-14). Alternative protective
measures may be allowed provided they comply with these regulations. The
applicant shall submit written evidence of such to the Department of Planning
Services. (Department of Public Health and Environment)
G. The applicant shall provide written evidence to the Department of Planning Services
from the Colorado Division of Water Resources, demonstrating that the well(s)
are/is appropriately permitted for the use, unless the Colorado Division of Water
Resources says the water source is acceptable. The Department of Planning
Services requires a commercial well permit for such activities and uses.
(Department of Public Health and Environment, Department of Planning Services)
USR-1436,Premier Paving-Adams Site,Page 9
H. In a referral received July 21, 2003, the Office of the State Engineer states" Based
on the submitted information it appears that the Gravel Mining operation will cause
depletions to the South Platte River due to evaporative losses from exposed
groundwater and operational losses." The applicant shall provide written evidence
to the Department of Planning Services that a Temporary Substitute Water Supply
Plan or Court approved augmentation plan has been obtained to replace depletions
caused by the operation. (Department of Planning Services, Office of the State
Engineer)
In a referral received July 21, 2003, the Office of the State Engineer states " the
plan states that three wells located on the property will be used within the gravel
mining operation. If the wells do not qualify under 37-92-602(c) C.R.S., as
commercial exempt, all depletions from the wells must be covered by a Temporary
Substitute Water Supply Plan or Court approved augmentation plan. The wells
must be repermitted pursuant to the Temporary Substitute Water Supply Plan,court
approved augmentation plan or as an commercial exempt well. (Office of the State
Engineer)
J. 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. 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)
K. The applicant shall provide evidence to the Department of Public Health &
Environment that any vehicle washing area will be designed and constructed to
capture all effluent and prevent any discharges from drum washing and the washing
of vehicles in accordance with the Rules and Regulations of the Water Quality
Control Commission and the Environmental Protection Agency. Evidence of
approval shall be submitted to the Weld County Department of Planning Services.
(Department of Public Health and Environment)
L. The applicant shall submit a Landscape Plan identifying the number, size and
species of all plant material to the Department of Planning Services for review and
approval.This plan shall include specifications of any proposed berm's, if required.
The proposed berm's will be extended to mitigate impacts to surrounding properties
and adjacent road rights-of-way. Any berm placed in the one hundred (100) year
flood plain of the South Platte River can not 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)
USR-1436,Premier Paving-Adams Site,Page 10
M. Turn lanes on US Highway 85 at the intersection of County road 8 need to be
brought up to current standards. The applicant shall coordinate with CDOT on
improvements at this location. Written evidence of compliance with the CDOT
directive shall be submitted to the Department of Planning Services. (Department
of Public Works)
N. The traffic impact study states that improvements to US 85 should be made to bring
the existing auxiliary lanes up to standard, and those improvements can be made
within the existing pavement. The study did not address the need for a left turn
acceleration lane onto SH 85; Colorado Department of Transportation (CDOT)
would have required one. With the County's assistance, CDOT would like to now
take the opportunity to restrict the access to a 3/4 movement. By restricting the
access,traffic would have to travel south on County Road 27,west on County Road
6, to the new traffic signal to enter SH 85. CDOT realizes that the County may
require improvements on County Road 27, but feel that the dollars that would have
been spent on the left turn acceleration land can be spent here instead, thus
implementing a portion of the Access Control Plan (ACP). By limiting the access
CDOT will also be impacting the properties west of US 85. As part of the ACP,
CDOT recognized that some properties would be forced to travel out of direction,
but concluded that safety outweighed convenience. The applicant would be
responsible for advising the property owners of the change. Evidence of such shall
be submitted to the Department of Planning Services. The applicant shall provide
written evidence of coordination and approval of the requirements of the Colorado
Department of Transportation, including written evidence of coordination with the
Department of Public Works to the Department of Planning Services. (CDOT,
Department of Planning Services)
O. The applicant shall enter into a Road Maintenance and Improvements Agreement
for the designated haul route and all intersection improvements. The applicant shall
also address all transportation and non-transportation improvements associated
with this application. (Department of Public Works, Department of Planning
Services)
P. The applicant shall provide evidence from Colorado Department of Transportation,
CDOT,that an access permit has been obtained and all conditions of approval have
been met. Written evidence of approval from CDOT shall be submitted to the
Department of Planning Services. (Department of Public Works and Department
of Planning Services)
4. Prior to operation:
A. The applicant shall provide evidence of being in receipt of the Division of Minerals
and Geology Permit, Mined Land Reclamation Permit 112 to conduct surface
extraction of construction materials and reclamation of said lands identified as the
Adams Site. (Department of Planning Services)
B. The Weld County Public Works has evaluated the existing road status of County
Road 27, County Road 8 and County Road 6 for additional overlay requirements to
accommodate the proposed heavy hauling on this route.
USR-1436,Premier Paving-Adams Site,Page 11
County Road 6 was evaluated, and has 3.5 inches of existing hot bituminous
pavement. To meet the structural requirement for County Road 6,an additional two
inches of new hot bituminous pavement must be placed over the existing pavement
with gravel shoulders between US Highway 85 and County Road 27.
County Road 27 (Old Highway 85) has seven inches of existing hot bituminous
pavement and six inches of existing concrete, as it was an old state highway.
County Road 27 between County Road 8 and County Road 6 requires no additional
asphalt.
County Road 8 has 4 inches of existing hot bituminous pavement. An additional
three inches of new hot bituminous pavement must be placed over the existing
pavement with gravel shoulders between US Highway 85 and County Road 27.
In coordination with these upgrades to the pavement sections, acceleration or
deceleration lanes will be required at the entrances at County road 8 and County
Road 27 as well as improvements to all intersections affected on the designated
haul route. (Department of Public Works)
C. The applicant shall pave the approach road with asphalt or concrete for
approximately 300 feet prior to entering onto County Road 8 and County road 27
to accommodate dust control or tracking from the pit. (Department of Public
Works)
D. The applicant shall surface with gravel, asphalt, concrete or equivalent all off street
parking spaces and loading zones and grade these areas to prevent drainage
problems. (Department of Public Works)
E. All gravel trucks and other vehicles leaving the site shall not bring foreign materials
onto the roadways on their tires. The applicant shall pave a distance of one truck
length from the service yard to the public roadway. (Sheriff)
F. Proper building permits shall be obtained in accordance with the referral response
from the Weld County Building Inspection Department dated July 30, 2003, prior to
any construction, demolition, or excavation. Part of the permit application process
includes a complete plan review. (Department of Building Inspection)
G. 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)
H. An individual sewage disposal system shall be installed to serve the scale house.
The system shall be appropriately designed to accommodate on-site staff. The
applicant shall provide written evidence that the individual sewage disposal system
has been designed by a Registered Professional Engineer and installed according
to Weld County Individual Sewage Disposal Regulations. (Department of Public
Health and Environment)
USR-1436,Premier Paving-Adams Site,Page 12
5. 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-1436,Premier Paving-Adams Site,Page 13
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Premier Paving - Adams Site
USR-1436
1. The Site Specific Development Plan and Special Review Permit for Mineral
Resource Development facilities; including open pit mining and materials
processing; including a Concrete and Asphalt 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. 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)
4. 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)
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. The applicant shall comply with all provisions of the Underground and Above
Ground Storage Tank Regulations (7CCR 1101-14). (Department of Public Health
and Environment)
8. This facility shall adhere to the maximum permissible noise levels allowed in the
Light Industrial Zone as delineated in 25-12-103 C.R.S.,as amended. (Department
of Public Health and Environment)
9. 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)
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
USR-1436,Premier Paving-Adams Site,Page 14
hazardous air pollutants (HAPs) and volatile organic compounds (VOCs).
(Department of Public Health and Environment)
11. Adequate hand washing and toilet facilities shall be provided for employees and
patrons of the facility. (Department of Public Health and Environment)
12. 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)
13. The applicant shall operate in accordance with the approved"waste handling plan".
(Department of Public Health and Environment)
14. If applicable, the applicant shall obtain a storm water discharge permit from the
Colorado Department of Public Health & Environment, Water Quality Control
Division.(Department of Public Health and Environment)
15. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. (Department of Public Health and Environment)
16. Portable toilets may be utilized on sites which are temporary locations of the
working face and portable processing equipment, etcetera, for up to six months at
each location. (Department of Public Health and Environment)
17. The operation shall comply with the Occupational Safety and Health Act (OSHA).
(Department of Public Health and Environment)
18. The site shall comply with the Mine Safety and Health Act (MSHA). (Department
of Public Health and Environment)
19. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Minerals and Geology. (Department of Public Health and Environment)
20. In the event washing of vehicle 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 Planning Services)
21. 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)
22. 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)
r-�
USR-1436,Premier Paving-Adams Site,Page 15
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. 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)
25. Section 23-4-290.C of the Weld County Code limits the hours of operation for sand
and gravel operations to the hours of day light 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)
26. 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)
27. Where topsoil is removed, sufficient arable soil shall be set aside for re-spreading
over the reclaimed areas. (Department of Planning Services)
28. 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 Public Works)
29. 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)
30. The plant material on site shall be maintained in accordance with the approved
weed eradication plan. (Department of Planning Services)
31. The landscaping on site shall be maintained in accordance with the approved
Landscape Buffering and Screening Plan. (Department of Planning Services)
32. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code. (Department of Planning
Services)
33. The property owner or operator shall be responsible for complying with the
Operation Standards of Section 23-2-250, Weld County Code. (Department of
Planning Services)
USR-1436,Premier Paving-Adams Site,Page 16
34. The property owner or operator shall be responsible for complying with the Open-
mining Standards of Section 23-4-250, Weld County Code. (Department of
Planning Services)
35. Personnel from the Weld County Government shall be granted access onto the
property at any reasonable time in order to ensure the activities carried out on the
property comply with the Development Standards stated herein and all applicable
Weld County regulations. (Department of Planning Services)
36. The Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards as shown or stated shall require
the approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
permitted. Any other changes shall be filed in the office of the Department of
Planning Services. (Department of Planning Services)
37. 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)
38. The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards. Noncompliance with any of the foregoing
Development Standards may be reason for revocation of the Permit by the Board
of County Commissioners. (Department of Planning Services)
USR-1436,Premier Paving-Adams Site,Page 17
cer;ss,
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
••• FAX (970) 304-6498
WI`P' 1555 N. 17TH AVENUE
O GREELEY, COLORADO 80631
C.
COLORADO
July 7,2003
Russ Ottenstein
do Tug Martin
Banks& Gesso LLC
720 Kipling Street Suite 117
Lakewood, CO 80215
Subject: USR-1436- Request for a Site Specific Development Plan and Special Review Permit for Mineral Resource
Development facilities;including open pit mining and materials processing;including a Concrete and Asphalt
Batch Plant in the A (Agricultural)Zone District on a parcel of land described as S2 NE4 & NE4 NE4 of
Section 19,T1N, R66W 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 September 16, 2003, at 1:30 p.m. This meeting will take place at the
Southwest Weld County Complex, 4209 CR 24 1/2, Longmont, Colorado. It is recommended that you and/or a
representative be in attendance to answer any questions the Planning Commission members may have.
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 Brighton and Ft. Lupton Planning Commission for their review and
comments. Please call Brighton at(303)655-2023 and Ft. Lupton at(303)857-6694 for further details regarding the
date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the
Brighton and Ft. 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 '.his matter, please call.
Respectfully,
im gle
Planner
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FIELD CHECK inspection date: August 11, 2003
CASE NUMBER: USR-1436
APPLICANT: Russ Ottenstein, Premier Paving
LEGAL DESCRIPTION: S2 NE4 & NE4 NE4 of Section 19, Ti N, R66W of the 6th P.M.,Weld County,
Colorado.
LOCATION: South of and adjacent to CR 8; east of and adjacent to US 85; and west of
and adjacent to CR 27.
Zonina I Land Use
N A(Agricultural) N Agricultural/Residential
E A(Agricultural) E Agricultural/Residential -South of CR 8 are industrial
type businesses: Halliburton; Balderas Auto Salvage; JMF
Cattle Company re-zone to 1-3, east of these facilities are
a Single line RR track
S A(Agricultural) S Agricultural/Residential
W A(Agricultural) W Agricultural/Residential- Industrial 1 Zoning adjacent to
SH 85
COMMENTS:
COUNTY ROAD 8 IS A 2 LANE PAVED ROAD
r SH 85 TWO LANE EACH DIRECTION WITH MEDIAN AND PAVED. AT CR 8 HEADING NORTH
THERE IS A SHORT DECELERATION LANE. CR 27 IS A TWO LANE PAVED ROAD. BORROW
DITCHES ARE PRESENT ON ALL ROADS, BOTH SIDES.
INTERSECTION OF CR 8 AND CR 27 HEADING EAST. THERE IS A FORMIDABLE CHANGE IN
GRADE WITH CR 8 BEING HIGH SLOPING TO CR 27. THERE IS A STOP SIGN PRESENT ON EAST
WEST ROADS, CR 27 IS THE THROUGH ROAD.
OIL AND GAS ACCESS TO CENTER OF SECTION WITH ENCUMBRANCES IS ON HALF SECTION
LINE EAST OF SH 85 AND ON HALF SECTION LINE SOUTH OF CR 8 WEST SIDE OF CR 27.
CR 8 HAS OVERHEAD POWER AND UNDERGROUND TELEPHONE ON SOUTH SIDE, CR 27 HAS
OVERHEAD POWER BOTH SIDES, AND TELEPHONE; CR 6 1/4 IS A TWO LANE ALL WEATHER
ROAD THAT CONNECTS SH 85 TO CR 27. THIS ROAD ALSO ACCESSES OIL AND GAS
ENCUMBRANCES.
CR 8 AND CR 27 APPEAR TO BOTH BE HEAVILY TRAVELED, THE TRAVELING PUBLIC ON CR
APPEAR TO TRAVEL FASTER THAN THE POSTED SPEED
IRRIGATION DITCH WITH RUNNING WATER WEST SIDE OF CR 27 AND SOUTH SIDE OF CR 8.
PROPERTY IS PLANTED IN CORN AND HAS IRRIGATION WATER ON SITE.
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