HomeMy WebLinkAbout20011077.tiff Chris Gathman - USR13161.WPD Page 1
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INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Hall-Irwin Corporation Case Number USR-1316
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution
2 Staff Comments X
3 Department of Planning Services field check form X
4 Letter dated January 25,2001 from Dave&Cameron McCluskey X '
(surrounding property owners)
5 Letter to Applicant X
6 Legal Notifications(1 page) X
7 Application (4 pages) X
8 Referral list X
9 Weld County Sheriff's Office referral received 12/26/00 X
10 Weld County RE-4 Schools referral received 12/19/00 X
11 Weld County Department of Building Inspection referral received X
12/18/00
12 Windsor-Severance Fire Protection District referral received X
12/29/00
13 Office of the State Engineer, Division of Water Resources X
referral received 12/26/00
14 Weld County Zoning Compliance Officer referral received 1/17/01 X
15 Larimer County Planning Department referral received 12/22/00 X
16 Colorado Department of Transportation referral received 1/8/01 X
17 Department of the Army,Army Corps of Engineers referral X
12/28/00
18 Weld County Department of Public Health &Environment referral X
received 12/29/00
19 Weld County Department of Public Works referral received 1/8/01 X
20 Town of Windsor referral received 1/18/01 X
21 Colorado Division of Wildlife referral received 1/26/01 X
22 8 Y X 11 maps submitted by applicant(3 pages) X
23 Warranty Deed X
24 Surrounding Property Owners(5 pages) X
25 Right-of-Way Easement(2 pages) X
26 Water Information (1 page) X
27 Glenn Walberg letter x
28 Glenn Walberg-summer photo 2 pages x
29 Glenn Walberg winter photo 2 pages x
30
29 Items submitted at planning commission
I hereby certify that the 29 items identified herein were submitted to the Department of Planning Services
at or prior to the scheduled Planning Commission hearing. I further certify that these items were
forwarded to the Clerk to the Board's office.
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Chris Gathman + Current Planner
2 IX I$IT
2001-1077
Liss#13/1O
lUReLANDAPPLICATION
SUMMARY SHEET
COLORADO
Case Number: USR-1316 Hearing Date: February 6, 2001
Applicant: Hall-Irwin Corporation C/O Jeff Gregg Address: P.O. 519, Greeley, CO 80634
Request: A Site Specific Development Plan and a Special Review Permit for Open Pit Mining
in the A (Agricultural) Zone District
Legal Description: Part of the NE 4 NW 4 and part of NW 4 NE 4 Section 19, Township 6
North, Range 67 West of the 6th P.M., Weld County, Colorado
Location: South of and adjacent to State Highway 392, 1/4 mile east of Weld County Road 13
Size of Parcel: 38 +/- acres
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld
County Code.
The Department of Planning Services' staff has received responses from the following agencies:
• Weld County Zoning Compliance, referral received 1/17/2001
• Weld County Department of Public Health and Environment, referral received 12/29/2001
• Weld County Department of Public Works, referral received 1/8/2001
• Weld County Department of Building Inspection, referral received 12/18/2000
• Weld County Sheriffs Office, referral received 12/26/2001
• Windsor-Severance Fire Protection District, referral received 12/29/2001
• Weld County RE-4 School District, referral received 12/19/2001
• Soil Conservation District, referral received /2001
• Weld County Long Range Planner, referral received /2001
• Office of the State Engineer, State of Colorado Division of Water Resources, referral
received 12/26/2001
• Town of Windsor, referral received 1/18/2001
• Larimer County Planning Department, referral received 1/10/2001
• Colorado Department of Transportation, referral received 1/8/2001
• Department of the Army -Army Corps of Engineers, referral received 12/28/2001
• Colorado Division of Wildlife, referral received 1/26/01
EXHIBIT
USR-1316 Hall-Irwin Page 1 1
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SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
COLORADO
Planner: Chris Gathman
Case Number: USR-1316 Hearing Date: February 6, 2001
Applicant: Hall-Irwin Corporation Address: P.O. Box 519, Greeley, CO 80634
Request: A Site Specific Development Plan and a Special Review Permit for Open Pit Sand
and Gravel Mining in the A (Agricultural) Zone District
Legal Description: Part of NE 4 NW 4 and part of NW 4 NE 4 Section 19, Township 6 North,
Range 67 West of the 6th P.M., Weld County, Colorado
Location: South of and adjacent to State Highway 392, 1/4 mile east of WCR 13
Parcel Size: 38 +/- acres Parcel Number: 0807-19-000063
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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 states
"Promote the reasonable and orderly development of mineral resources."
Conditions of Approval and Development Standards ensure that impacts to
surrounding land uses will be adequately mitigated.
b. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural)Zone District. Section 23-3-40.A.6 of the Weld County Code provides
for Mining as a Use by Special Review in the A (Agricultural) Zone District.
c. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with
the existing surrounding land uses.
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USR-1316 Hall-Irwin Page 2
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 located within the urban growth
boundary of the Town of Windsor. The Town of Windsor Planning Commission at
its January 17, 2001 meeting determined that the proposed use is consistent with
the Town's Land Use Plan Map. The Town of Windsor recommended approval of
the special use permit with conditions.
e. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld
County Code. The majority of the site is located within the 100-year floodplain
(Flood Hazard Overlay District)according to FIRM Community Panel Map 080266-
0605D. A Flood Hazard Permit will be required for the site and is a Condition of
Approval for this permit. Effective December 1, 1999, Building Permits issued on
the lot will be required to adhere to the fee structure of the Windsor Service Area
Road Impact Program.
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. Section 22-
2-60A.1 states "Preserve prime farmland for agricultural purposes which foster the
economic health and continuance of agriculture." The proposed use will not be
taking any prime farmground out of production. The site is defined as "Irrigated
Non-Prime" land per the 1979 USDA Soil Conservation Service map.
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.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services staff recommendation for approval is conditional upon the
following:
1. The attached Development Standards for the Special Review Permit shall be adopted and
placed on the Special Review Plat prior to recording. The completed plat shall be delivered
to the Weld County Department of Planning Services and be ready for recording in the
Weld County Clerk and Recorder's Office within 30 days of approval by the Board of County
Commissioners. (Department of Planning Services)
2. Prior to scheduling a Board of County Commissioners hearing:
A. Section 22-5-100 B.1 of the Weld County Code states "new planned unit
developments or subdivisions 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 to the Weld County
USR-1316 Hall-Irwin Page 3
Department of Planning Services a copy of an agreement with the properties
mineral owners stipulating that the oil and gas activities have adequately been
incorporated into the design of the site or show evidence that an adequate attempt
has been made to mitigate the concerns of the mineral owners. (Dept. of Planning
Services)
B. A survey shall be conducted to determine the presence or absence of the Ute
Ladies-tresses Orchid. If the Ute Ladies-tresses Orchid is found at the site,
mitigation techniques approved by the United States Department of the Interior,
Fish and Wildlife Services shall be submitted to the Department of Planning
Services. (Dept. of Planning Services)
C. A trapping study shall be conducted to determine the presence or absence of the
Preble's Meadow Jumping Mouse.This study shall be submitted to the Department
of Planning Services. If the Preble's Meadow Jumping Mouse is found at the site,
mitigation techniques approved by the United States Department of the Interior,
Fish and Wildlife Services shall be submitted to the Department of Planning
Services. (Dept. of Planning Services)
D. The applicants shall meet with the Colorado Division of Wildlife to discuss how the
applicants are going to address the Black-tailed Prairie Dog Colony existing at the
site and submit a plan outlining how this issue is going to be addressed to the
Department of Planning Services. (Dept. of Planning Services, Colorado Division
of Wildlife)
E. The applicants shall address any concerns of the neighboring property owners
regarding the underdrain/field tile adjacent to the proposed mining site. Evidence
of such shall be submitted in writing to the Department of Planning Services. (Dept.
of Planning Services)
3. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) The existing right-of-way and future right-of-way reservations from the
centerline of State Highway 392 shall be delineated on the plat. Seventy-
five (75) feet from the centerline from State Highway 392 is designated as
right-of-way for the future expansion of State Highway 392. The applicant
shall verify with the Colorado Department of Transportation (CDOT)future
right-of-way requirements adjacent to State Highway 392. Evidence of
these requirements shall be submitted in writing to the Department of
Planning Services. (Dept. of Public Works)
B. The applicant shall permit the existing septic system at the adjacent site. 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. The review
shall be submitted to the Environmental Health Services Division of the Weld
USR-1316 Hall-Irwin Page 4
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 I.S.D.S. Regulations. (Dept. of Public Health &
Environment)
C. The applicant shall obtain a NPDES Permit from the Water Quality Control Division
of the Colorado Department of Health for proposed discharge into State Waterways.
Evidence of approval shall be submitted to the Weld County Department of
Planning. (Dept. of Public Health and Environment)
D. An Air Pollution Emission Notice(A.P.E.N.)and Emissions Permit shall be obtained
from the Air Pollution Control Division, Colorado Department of Public Health and
Environment for emissions from the mining operations. The site shall operate in
accordance with all applicable rules and regulations of the Air Pollution Control
Division. Evidence of approval shall be submitted to the Weld County Department
of Planning. (Dept. of Public Health and Environment)
E. A dust abatement plan shall be submitted to Environmental Health Services, Weld
County Department of Public Health and Environment, for approval prior to
operation. Evidence of Health Department approval shall be submitted to the
Department of Planning Services. (Dept. of Public Health and Environment)
F. The applicant shall apply for and receive approval for a Flood Hazard Development
Permit from the Department of Planning Services. (Dept. of Planning Services)
G. The applicant shall attempt to address the requirements of the Town of Windsor as
stated in a referral dated January 18, 2001. Evidence of such shall be submitted
in writing to the Department of Planning Services. (Town of Windsor)
H. The applicant shall attempt to address the requirements of the Windsor-Severance
Fire Protection District as stated in a referral dated December 28, 2000. Evidence
of such shall be submitted in writing to the Department of Planning Services.
(Windsor-Severance Fire Protection District)
The applicant shall submit a Landscape and Buffering Plan identifying the number,
size and species of all plant material to the Weld County Department of Planning
Services for review and approval. The applicant shall provide adequate screening
and buffering from State Highway 392 and adjacent residential subdivisions. The
applicant shall provide a berm or other acceptable method of screening. Any berm
placed in the one hundred (100)year flood plain of the Cache la Poudre River can
not obstruct passage of flood flows. The applicant shall use breaks in the berm with
landscaping, to fill the void, culverts, or other method shall be utilized to allow water
to flow freely. (Dept. of Planning)
J. The applicant shall provide a current Improvements Agreement for Weld County
Road 13 (to reflect the change in ownership of the AMUSR-571 site). (Dept. of
Public Works)
USR-1316 Hall-Irwin Page 5
r-. 4. Prior to Operation:
a. The applicant shall adhere to the recommendations of the Colorado Division of Wildlife
per their referral dated January 5, 2001 in regards to existing Black-tailed Prairie Dogs
and Burrowing Owls at the site. (Colorado Division of Wildlife)
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-1316 Hall-Irwin Page 6
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Hall Irwin Corporation
USR- 1316
1. The Site Specific Development Plan and Special Use Permit is for Open Pit Sand and
Gravel Mining in the A (Agricultural)Zone District, as indicated in the application materials
on file and subject to the Development Standards stated hereon. (Department of Planning
Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code. (Department of Planning Services)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
4. No permanent disposal of wastes shall be permitted at this site. (Department of Public
Health and Environment)
5. 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)
6. Fugitive dust shall be controlled on this site. (Dept. of Public Health and Environment)
7. The facility shall operate in accordance with the approved dust abatement plan at all times.
The facility shall have sufficient equipment available to implement the dust control as
required by the Weld County Department of Public Health and Environment. (Dept. of
Public Health and Environment)
8. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from
the facility area in a manner that will prevent nuisance conditions. (Dept. of Public Health
and Environment)
9. All fuel tanks, septic tanks, temporary buildings, and any other hazardous items that might
wash away during flooding shall be securely anchored and adequately flood-proofed to
avoid creation of a health hazard. Following completion of mining, all temporary buildings
shall be removed. (Dept. of Public Health & Environment)
10. 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).
USR-1316 Hall-Irwin Page 7
11. Adequate toilet facilities shall be provided for the employees. (Department of Public Health
and Environment)
12. The employees shall utilize the individual sewage disposal system on the adjacent property.
(Dept. of Public Health and Environment)
13. Portable toilets may be utilized on sites which are temporary locations of the working force
and portable processing equipment, etc., for up to six months at each location.(Dept. of
Public Health and Environment)
14. The facility shall utilize bottled drinking water for employees. (Dept. of Public Health and
Environment)
15. There shall be no discharge of waste water from the washing of vehicles on the facility. All
vehicles shall be washed in the approved vehicle washing area. All water, concrete, and
aggregate generated from the washing of vehicles should be recycled in the concrete
mixing process. (Dept. of Public Health & Environment)
16. The operation shall comply with all operation policies identified in Sections 23-4-250
through 23-4-310 of the Weld County Code. (Dept. Of Public Health and Environment)
17. 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. (Dept. of Planning Services)
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18. The operation shall comply with the recommendations of the Colorado Division of Wildlife
regarding reclamation of ponds and preservation of upland fringe and riparian edge areas
and the future diversion of any ditch water outlined in their referral dated January 5, 2001.
(Colorado Division of Wildlife)
19. The operation shall comply with the Occupational Safety and Health Act(OSHA). (Dept. Of
Public Health and Environment)
20. The operation shall comply with the Mine Safety and Health Act (MSHA). (Dept. Of Public
Health and Environment)
21. The operation shall comply with all applicable rules and regulations of the Colorado
Division of Minerals and Geology. (Department of Public Health and Environment)
22. Effective December 1, 1999, Building Permits issued on the site will be required to adhere
to the fee structure of the Windsor Service Area Road Impact Program area. (Department
of Planning Services)
23. The landscaping on site shall be maintained in accordance with the approved Landscape
Plan. (Department of Planning Services)
24. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
USR-1316 Hall-Irwin Page 8
25. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
26. Personnel from the Weld County Departments of Public Health and Environment and
Planning Services shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Development
Standards stated herein and all applicable Weld County regulations.
27. The Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from
the plans or Development Standards as shown or stated shall require the approval of an
amendment of the Permit by the Weld County Board of County Commissioners before such
changes from the plans or Development Standards are permitted. Any other changes shall
be filed in the office of the Department of Planning Services.
28. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards
may be reason for revocation of the Permit by the Board of County Commissioners.
USR-1316 Hall-Irwin Page 9
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DEPARTMENT OF PLANNING SERVICES
' PHONE (970) 353-6100, EXT.3540
W�i p Ci FAX (970)17TH 30O 98
1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
December 12, 2000
Hall-Irwin Corporation
PO Box 519
Greeley, CO 80632
Subject: AmUSR-571- Request for an Amendment to an existing Special Use Permit for Wet Open-Pit
Gravel Mining on a parcel of land described as Part of the NE4 SW4 and part of the NW4 NE4 of
Section 19, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado.
Dear :
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 February 6, 2001, at 1:30 p.m. This meeting will
take place in Room 210,Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado. It is
recommended that you and/or a representative be in attendance to answer any questions the Planning
Commission members may have.
It is the 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 Windsor Planning Commission
for their review and comments. Please call the Town of Windsor at 970-686-7476 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 Windsor Planning Commission meeting to answer any questions the Commission members may have
with respect to your application.
A representative from the Department of Planning Services will be out to the property a minimum of ten days
prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which
identifies the hearing time,date,and location. In the event the property is not adjacent to a publicly maintained
road right-of-way, one sign will be posted in the most prominent place on the property and a second sign
posted at the point at which the driveway(access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to the
Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the
scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office
before the Planning Commission hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,
EXHIBIT
Chris Gathman,A.I.C.P.
Planner
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" ' FIELD CHECK inspection date: 1/26/00
CASE NUMBER: USR-1316
APPLICANT: HALL-IRWIN CORPORATION
LEGAL DESCRIPTION: PART OF NE 4 NW 4 AND PART OF NW 4 NE
4 SECTION 19, T6N, R66W
LOCATION: S of and adjacent to State Highway 392, Approx. 1/4 E of Weld
County Road 13
Zoning Land Use
N A(Agricultural) N Commercial greenhouse/pasture/2 single family
residences '/z mile north of site, (existing
farmstead adjacent to the northeast)
E A (Agricultural) E Safeway, single-family residential subdivision
S A (Agricultural) S Cache la Poudre River, Cache La Poudre
mining operation, Colo. Water Conservancy
storage reservoir
W A (Agricultural) W Pasture and mobile home
COMMENTS:
* Property is basically flat and in pasture.
* Site is accessed through existing dirt gravel road off WCR 13 that access through the existing
La Poudre mining operation (USR 571)
* Single-family farmstead is located immediately northeast of site.
* Site has several existing excavated areas.
EXHIBIT
* Some mining storage already occurring at southeast corner of site. 3
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* Single-family Sin subdivision to the immediate southeast of site (behind Safeway).
34
Chris Gathman, Current Planner
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