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HomeMy WebLinkAbout20010405.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Mobile Pre-Mix Concrete, Inc. Case Number USR-1259 Submitted or Prepared Prior to At Hearing Hearing 1 Planning Commission Resolution 2 Staff Comments (10 pages) X 3 Letter from TuttleApplegate (2 pages) X 4 Continuance request X 5 Summary of Planning Commission hearing(6 pages) X 6 Continuance (5 pages) X 7 Photograph of sign posting X 8 Letter to Applicant(2 pages) X 9 Field check X 10 Letter to applicant X 11 Legal Notifications (2 pages) X 12 Application (70 pages) X 13 Referral List X 14 Referral Letter X 15 Fort Lupton Fire District, referral received 2/2/2000 X 16 Weld County Department of Building Inspection, referral X received 2/1/2000 (2 pages) 17 Weld County Department of Public Health and Environment, X referral received 6/20/2000 and 2/7/2000 (4 pages) 18 Colorado Department of Transportation, referral received X 3/23/2000 19 Weld County Department of Public Works, referral received X 2/9/200 and 2/23/2000 (3 pages) 20 State of Colorado, Division of Minerals & Geology, referral X received 2/11/2000 21 Dept. of the Army, Corps of Engineers, referral received X 2/15/2000 22 City of Fort Lupton, referral received 2/16/2000 (3 pages) X 23 Updated 24" x 36" maps (3) X 24 Maps (2 pages) X EXk1IBIT L 4f/ate 2001-0405 25 8 1/2 X 11 maps submitted by applicant (2 pages) X 26 Original 24" x 36" maps (3) X 27 Deeds (4 pages) X 28 Surrounding Property Owners (10 pages) X 29 Soil Survey(3 pages) X Item 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. Sheri Lockman + Planner LAND USE APPLICATION SUMMARY SHEET COLORADO Case Number: USR-1259 Hearing Date: June 20, 2000 Applicant: Mobile Pre-Mix Concrete, Inc. Address: P.O. Box 21588 Denver, CO 80221 Request: A Site Specific Development Plan and a Special Review Permit for Open Cut Gravel Mining along with Concrete and Asphalt Batch Plants in the (A) Agricultural Zone District. Legal Description: Part W2 of Section 19, Ti N, R66W of the 6th P.M., Weld County, CO Location: West of and adjacent to State Highway 85, north of and adjacent to Weld County Road 6 and south of and adjacent to Weld County Road 8 Size of Parcel: 237 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 24.3 and Section 44 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received responses from the following agencies: • Weld County Department of Building Inspection referral received 2/1/2000 • Colorado Department of Transportation referral received 3/23/2000 • Department of The Army, Corps of Engineers referral received 2/15/2000 • State of Colorado, Division of Minerals and Geology referral received 2/11/2000 • Weld County Department of Public Health and Environment referral received 2/7/2000 • Fort Lupton Fire Protection District referral received 2/2/2000 • Weld County Department of Public Works referral received 2/9/2000 and 2/23/2000 • City of Fort Lupton referral received 2/16/2000 Page 1 EXHIBIT a SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW WUDc. COLORADO PLANNER: S. Lockman CASE NUMBER: USR-1259 HEARING DATE: June 20, 2000 APPLICANT: Mobile Pre-Mix Concrete, Inc. ADDRESS: P.O. Box 21588, Denver, CO 80221 REQUEST: A Site Specific Development Plan and a Special Review Permit for Open Cut Gravel Mining along with Concrete and Asphalt Batch Plants in the (A) Agricultural Zone District. LEGAL DESCRIPTION: Part W2 of Section 19, Ti N, R66W of the 6th P.M., Weld County, CO LOCATION: West of and adjacent to State Highway 85, north of and adjacent to Weld County Road 6 and south of and adjacent to Weld County Road 8 SIZE OF PARCEL: 237 acres PARCEL NUMBER: 1471 19 000003 and 1471 19 000006 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 24.7 and Section 44 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services's staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: a. Section 24.3.1.1 -The proposal is consistent with the Weld County Comprehensive Plan. CM.Goal 2 states, "Promote the reasonable and orderly development of mineral resources." b. Section 24.3.1.2 -The proposal is consistent with the intent of the A (Agricultural) Zone District. Section 31.4.1 of the Weld County Zoning Ordinance provides for mineral resource development facilities as a Use by Special Review in the A Page 2 (Agricultural) Zone District. c. Section 24.3.1.3--The proposal will be compatible with the existing surrounding land uses. Surrounding land uses to the west and north include pasture land with limited residences. To the east is State Highway 85. A well service company is adjacent to the property on a lot which is zoned for industrial uses. To the south Asphalt Paving Company is operating a gravel mine permitted by USR-921. C& M Company is also permitted to mine gravel south of the site by USR-905. d. Section 24.3.1.4 -The proposed use will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by the Comprehensive Plan or Master Plans of affected municipalities. In a referral response received February 16, 2000, the City of Fort Lupton expressed concerns regarding the number of gravel mining operations existing along the State Highway 85 corridor and the difficulties in maintaining an attractive entryway into south Weld County. The City of Fort Lupton also asked that precautions be taken in the event of a flood. These concerns have been addressed through Conditions of Approval and Development Standards. e. Section 24.3.1.5--All of the site except one small area along State Highway 85 is located within the Flood Hazard Overlay District area as shown on FEMA Panel Map #080266 0983 C. Conditions of Approval and Development Standards address the issue of the floodplain. CM.Policy 5.4 of the Comprehensive Plan states "the operation will comply with County flood hazard regulations". f. Section 24.3.1.6-- That the applicant has demonstrated a diligent effort has been made to conserve prime agricultural land. The proposed site is designated "Other" and "Irrigated land, not prime" by the USDA Soil Conservation Services. Being located within the 100 year flood plain also limits the agricultural productiveness of the site. g. Section 24.3.1.7--The Design Standards (Section 24.5 of the Weld County Zoning Ordinance), Operation Standards (Section 24.6 of the Weld County Zoning Ordinance), 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 44--Additional requirements for Open mining have been addressed through this application and the Development Standards will insure compliance with Section 44 of the Weld County Zoning Ordinance. 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's staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review Permit shall be adopted and Page 3 placed on the Special Review Plat prior to recording the plat. The completed plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 60 days of approval by the Board of County Commissioners. (Dept. of Planning Services) 2. Prior to scheduling a Board of County Commissioners Hearing: A. OG.Policy 1.1 of the Weld Comprehensive Plan 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 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. The applicant shall submit a letter from the United States Department of the Interior, Fish and Wildlife Services indicating if surveys will be required for the Ute Ladies- tresses orchid. If a survey is required the survey will be conducted and submitted to the Department of Planning Services. (Dept. of Planning Services) C. The applicant has indicated a trapping study is being 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) 3. Prior to recording the plat: A. The applicant shall submit a Landscape and screening Plan to the Weld County Planning Department for review and approval. The location, number, size and species of all plant material shall be identified. The plan shall also include any berms, fencing or other screening material proposed. 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. (Dept. of Planning Services) B. The City of Fort Lupton expressed concerns regarding the number of gravel mining operations existing along the State Highway 85 corridor and the difficulties in maintaining an attractive entryway into south Weld County. To ensure an attractive appearance when mining is completed, lake number 2 shall be reconfigured along the north and west property lines to obtain a more natural and free flowing appearance. The applicant shall submit a revised reclamation plan to the Weld County Department of Planning Services for review and approval.(Dept. of Planning Services) Page 4 C. The applicant shall permit the existing septic systems. The Environmental Health Services Division was unable to locate septic permits for the septic systems serving the existing homes. The systems will require an I.S.D.S. evaluation prior to the issuance of the required septic permits. The review shall consist of observation of the system and an evaluation of the systems ability to handle the proposed hydraulic load. In the event the system is found to be inadequate, the system must be brought into compliance with current Individual Sewage Disposal System regulations. (Dept. of Public Health and Environment) If the systems are used for employees for the proposed use, the septic systems 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 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. (Dept. of Public Health and Environment) D. The applicant shall apply for and be approved for a Flood Hazard Development Permit for any development that will increase or decrease the base flood elevation in the flood plain as delineated on FEMA Panel Map #080266 0983 C, dated September 28, 1982. (Dept. of Planning Services) E. The applicant shall obtain a Flood Hazard Development Permit for any new structures including parking areas. (Dept. of Planning Services) F. The applicant shall post adequate collateral and enter into a Road Maintenance and Improvements Agreement with the Weld County Department of Public Works for any additional damage that may occur on the designated haul route east to State Highway 85. (Dept. of Public Works) G. The applicant has submitted a traffic study to the Weld County Department of Public Works for review and approval. Evidence of Public Works approval shall be submitted to the Weld County Department of Planning Services. The study shall include a description of the project, vehicle trip generation and distribution, verification of adequate acceleration, deceleration and storage facilities at all impacted intersections, review of bridge capacity, intersection level of service analysis for existing and proposed conditions and recommendation for needed upgrades to transportation infrastructure to support the development. (Dept. of Public Works) H. The plats shall be amended to delineate a forty (40) foot right of way from the centerline of Weld County Road 6. (Dept. of Public Works) Page 5 4. Prior to the start of operation: A. The entrance to the plant site will be paved, including the deceleration lane. The entrance and exit to the plant site shall be elevated to the same height as Weld County Road 6 to provide adequate site distance in both directions. 50 feet of paving shall be required at both approaches to Weld County Road 6 with adequate turning radii. (Dept. of Public Works) B. A dust abatement plan shall be submitted to the Weld County Department of Public Health & Environment. (Dept. of Public Health and Environment) C. Proper building permits shall be obtained in accordance with the referral response from the Weld County Building Inspection Department dated February 1, 2000, prior to any construction, demolition, or excavation. Part of the permit application process includes a complete plan review. (Dept. of Building Inspection) D. Site drawings shall be submitted to the Fort Lupton Fire Protection District for review. (Dept. of Building Inspection) E. The applicant shall submit an NPDES Permit to the Water Quality Control Division of the Colorado Department of Health for proposed discharge into State Waterways. (Dept. of Public Health and Environment) F. 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. (Dept. of Public Health and Environment) 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.(Dept. of Planning Services) Page 6 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Mobile Pre-Mix Concrete, Inc. USR-1259 1. The Site Specific Development Plan and Special Use Permit#1259 is for Open Cut Gravel Mining along with Concrete and Asphalt Batch Plants in the (A) Agricultural Zone District as indicated in application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. (Dept. of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. (Dept. of Planning Services) 3. All operations on said described parcel shall be in conformance with the Weld County Flood Regulations including: a. No fill, berms, or stockpiles shall be placed in the one hundred (100) year flood plain of the South Platte River which would obstruct passage of flood flows. (Dept. of Planning Services) b. 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 and Environment) 4. 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) 5. All liquid and solid wastes as defined in the Solid Wastes Disposal Sites and Facilities Act, (30-20-101, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination.(Dept. of Public Health and Environment) 6. No permanent disposal of wastes shall be permitted at this site. (Dept. of Public Health and Environment) 7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Dept. of Public Health and Environment) 8. The facility shall adhere to the maximum permissible noise levels allowed in the Zone District as delineated in 25-12-103, C.R.S. (Dept. 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. (Dept. of Public Health and Environment) Page 7 10. Adequate toilet facilities shall be provided for the employees. (Dept. of Public Health and Environment) 11. 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) 12. An individual sewage disposal system for the proposed office facility shall be installed according to the Weld County Individual Sewage Disposal Regulations. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. (Dept. of Public Health and Environment) 13. The installation of the septic system shall comply with the Weld County I.S.D.S. flood plain policy. (Dept. of Public Health and Environment) 14. The facility shall utilize bottled drinking water for employees. (Dept. of Public Health and Environment) 15. Fugitive dust shall be controlled on the site. (Dept. of Public Health and Environment) 16. The operation shall comply with the Occupational Safety and Health Act (OSHA). (Dept. of Public Health and Environment) 17. The operation shall comply with the Mine Safety and Health Act (MSHA). (Dept. of Public Health and Environment) 18. The site shall maintain compliance with all applicable rules and regulations of the Colorado Division of Minerals & Geology. (Dept. of Public Health and Environment) 19. The site shall operate in accordance with all applicable rules and regulations of the Air Pollution Control Division, Colorado Department of Public Health and Environment. (Dept. of Public Health and Environment) 20. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly identify the boundaries of the site. (Dept. of Planning Services) 21. 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. (Dept. of Planning Services) 22. Section 44.4.2 of the Weld County Zoning Ordinance 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. Page 8 This restriction shall not apply to operation of administrative and executive offices or repair and maintenance facilities located on the property. (Dept. of Planning Services) 23. 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. (Dept. of Planning Services) 24. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the reclaimed areas. (Dept. of Planning Services) 25. 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 Ordinance 169A. (Dept. of Public Works) 26. The access from Weld County Road 8 shall be used for service vehicles only. (Dept. of Planning Services) 27. If any work associated with this project requires the placement of dredge or fill material, and any excavation associated with a dredged or fill project, either temporary or permanent, in waters of the United States which may include streams, open water lakes and ponds or wetlands at this site, the Department of the Army, Corp of Engineers shall be notified by a proponent of the project for proper department of the Army permits or changes in permit requirements pursuant to Section 404 of the Clean Water Act. (Corp of Engineers) 28. The sand and gravel operation shall comply with operation policies identified in Section 44 of the Weld County Zoning Ordinance. 29. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 30. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 31. 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. 32. 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. 33. The property owner or operator shall be responsible for complying with all of the foregoing Page 9 Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. Page 10 DEPARTMENT OF PLANNING SERVICES gige. PHONE (970) 353-6100, EXT. 3540 FAX (970) 304-6498 WELD COUNTC'YR ADMINISTRATIVE Y555 N. 17TH ORADAVENUE COLORADO May 9, 2000 Shani Easton c/o Tuttle Applegate 11990 Grant Street, Suite 304 Denver, CO 80233 RE: Use by Special Review Permit 1259, Mobile Pre-Mix Concrete, Inc. Dear Ms. Easton, At the April 18, 2000 hearing Planning staff requested a continuance of USR 1259 until June 6, 2000 pending additional information. Weld County Planning Staff will require the additional information a minimum of two weeks prior to the Planning Commission hearing. This will give Staff adequate time to finalize Staff Comments and mail to the Weld County Planning Commission members. I have been informed you may no longer be the representative for the applicant. Could you please forward this letter to your replacement. Good luck in your new position. Sheri Lockman Planner II EXHIBIT y SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, April 18, 2000 A regular meeting of the Weld County Planning Commission was held Tuesday, April 18, 2000, in the Weld County Public Health/Planning Building, (Room 210), 1555 N. 17th Avenue,Greeley, Colorado. The meeting was called to order by Chairman, Fred Walker, at 1:30 p.m. ROLL CALL Fred Walker Present Cristie Nicklas Present John Folsom Present Jack Epple Absent Michael Miller Present Stephan Mokray Present Arlan Marrs Absent Bryant Gimlin Present Also Present: Lee Morrison, Weld County Assistant Attorney; Don Carroll, Diane Houghtaling, Weld County Public Works; Sheble McConnellogue, Pam Smith, Troy Swain, Weld County Department of Public Health and Environment;Chris Gathman,Julie Chester,Sheri Lockman,Kim Ogle,Department of Planning Services; Trisha Swanson, Secretary. The summary of the last regular meeting of the Weld County Planning Commission held on April 4, 2000,was approved as read. CASE NUMBER: USR-1259 (Continued from 3-7-00) APPLICANT: Mobile Pre-Mix Concrete, Inc. PLANNER: Sheri Lockman LEGAL DESCRIPTION: Part of the W2 of Section 19, Township 1 North, Range 66 west of the 6'h P.M., Weld County, Colorado. REQUEST: A Site Specific Development Plan and a Special Review Permit for Open Cut Gravel Mining along with Concrete and Asphalt Batch Plant in the (A)Agricultural zone. LOCATION: West of and adjacent to SH 85, north of and adjacent to WCR 6. Sheri Lockman, Planner, presented Case USR-1259 and stated that the applicant and the Department of Planning Services is asking for a continuance until June 6, 2000 in order for the applicant to supply the information requested by the Department of Planning Services. The Chair asked if there was anyone in the audience who wished to speak for or against this continuance. No one wished to speak. Stephen Mokray moved that Case USR-1259 be continued until June 6, 2000. Michael Miller seconded the motion. The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom,yes; Stephan Mokray,yes; Michael Miller,yes; Bryant Gimlin,yes;Cristie Nicklas,yes; Fred Walker, yes. Motion carried unanimously. CASE NUMBER: USR-1263 APPLICANT: Tracy Wright PLANNER: Chris Gathman LEGAL DESCRIPTION: Lot 15, Block 4, Carmacar Ranchettes; E2 of Section 5, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado. REQUEST: Use by Special Review for vehicle restoration as a home business. LOCATION: West of WCR 5 and south of SH 52. EXHIBIT Chris Gathman, Planner, presented Case USR-1263 and read the recommendations into the I ✓ stated that the Department of Planning Services is recommending approval. Chris stated th 5 DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1555 N. 17th Avenue, Greeley, CO 80631 ' Phone(970)353-6100, Ext. 3540 C. Fax (970) 304-6498 COLORADO February 29, 2000 Gary Tuttle c/o Tuttle Applegate 11990 Grant Street, Suite 304 Denver, CO 80233 RE: USR-1259, A Site Specific Development Plan and a Special Review Permit for Open Cut Gravel Mining along with Concrete and Asphalt Batch Plants in the (A) Agricultural zone district. Dear Mr. Tuttle: I have forwarded your request for a continuance to the Weld County Planning Commission. Planning Staff will also be requesting a continuance. Tuttle Applegate needs to have a representative present at the Planning Commission hearing to address any question or concerns. If you have questions, please contact me at the above address or call (970) 353-6100 ext. 3540. Sincerely, Sheri Lockman Planner II EXHIBIT 441 MEMORANDUM Wi`ge TO: Weld County Planning Commission April 17, 2000 COLORADO FROM: Sheri Lockman, Planner II SUBJECT: Use by Special Review Permit 1259 TuttleApplegate, Inc. and Weld County Planning Staff are requesting a second continuance for Use by Special Review Permit 1259. The applicant is requesting to continue this case until June 20, 2000. Planning Staff and the applicant concur that this should be more than adequate time to provide the additional information requested by Planning Staff. SERVICE,TEAMWORK,INTEGRITY,QUALITY eld County Planning i.ep;. = = APR 14 2000 ISMS RECEIVED TuttleApplegate,Inc. Consultants for Land, Mineral and Water April 13, 2000 Sherry Lockman Weld County Department of Planning Services 1555 North 17th Avenue Greeley, CO 80631 RE: Riverbend Resources USR-1259 Dear Ms. Lockman: This letter will serve as an official request for a continuance of the scheduled Planning Commission Hearing, for the above described project, from April 18th to June 20`h. The additional time will allow for adequate responses to your letter dated February 18, 2000. Thank you for your consideration in this matter. Sincerely, TUTTLEAPPLEGATE, INC. \fr"dt. n. Shani L.Eastin Planner CC: Gary Tuttle TA File 99-138 11990 Grant St. • Suite 304 • Denver, CO 80233 5441 Boeing Drive • Suite 200 • Loveland, CO 80538-8855 ,,303) 452-6611 • Fax(303) 452-2759 (970) 461-9884 • Fax (970) 613-1177 MEMORANDUM WITO: Weld County Planning Commission February 29, 2000 COLORADO FROM: Shed Lockman, Planner SUBJECT: Use by Special Review Permit 1259 TuttleApplegate, Inc. and the Weld County Planning Staff will be requesting a continuance for Use by Special Review Permit 1259. Mobile Pre-Mix Concrete, Inc. has been asked to provide additional information to Staff prior to receiving a Staff recommendation. SERVICE,TEAMWORK,INTEGRITY,QUALITY aallaa _. a - ale ea TAMia- ale ealle SOMa IMaNOW 1luttleApplegate,Inc. Consultants for Land, Mineral and Water February 23, 2000 Ms. Sheri Lockman Department of Planning Services Weld County 1555 North 17th Avenue Greeley, Colorado 80631 Jeld County Planning Lek RE: USR-1259 IFR 29 2000 Dear Sheri: In order to continue our studies on the site and bring us concurrent with other permits, we request and extension of the Planning Commission hearing to April 18`h, 2000. Please confirm back to us in writing. Cordially, TUTTLEAPPLEGATE, INC. 6r/I41 Gary J. uttle GJT/csw cc: TA File#99-138 John Hickman, Lafarge 11990 Grant St. • Suite 304 • Denver, CO 80233 5441 Boeing Drive. • Suite 200 • Loveland, CO 80536-8855 (303) 452-6611 • Fax (303) 452-2759 (970) 461-9884 • Fax (970) 613-1177 a DEPARTMENT OF PLANNING SERVICES Kek Weld County Administrative Offices 1555 N. 17th Avenue, Greeley, CO 80631 ID Phone (970) 353-6100, Ext. 3540 Fax (970) 304-6498 C. COLORADO February 18, 2000 Gary Tuttle do Tuttle Applegate 11990 Grant Street, Suite 304 Denver, CO 80233 RE: USR-1259, A Site Specific Development Plan and a Special Review Permit for Open Cut Gravel Mining along with Concrete and Asphalt Batch Plants in the (A) Agricultural zone district. Dear Mr. Tuttle: Your application for Gravel Mining for Mobile Pre-Mix was reviewed by Weld County Planning Staff today at our regular staff meeting. Planning staff did not feel they could make a recommendation to the Weld County Planning Commission without the following information. Further, staff requests that your maps be amended to follow criteria of the Weld County Zoning Ordinance. The following is a list of the information and amendments we require at this time to make a recommendation to the Planning Commission. 1) What, if any berming or screening you are proposing during the operation of the mine? 2) Is there an agreement with the property's mineral owners stipulating that the oil and gas activities have adequately been incorporated into the design of the site? 3) The Colorado Department of Transportation has not responded to referral responses. Have you received an access permit for the access onto State Highway 85? 4) The vicinity map shall be prepared at a 1" = 600' scale and be amended to delineate the following, as required by Section 44.2 of the Weld County Zoning Ordinance: a) Adjacent mining operations.b)All residences within one/half mile of the proposed operation. b) The name and location of all roads, bridges, irrigation ditches, oil and gas wells and lines, utility lines and streams or other bodies of water with the scope of the map. c) Accesses to area EXHIBIT d) North arrow 5) The vicinity map/soils map shall be amended to not include Weld County Road 8 in the permit area. 6) The soils information shall be included on the vicinity map or prepared at a 1"=600' scale as required by Section 44.2 of the Weld County Zoning Ordinance. 7) The plats shall be amended so that the line used to delineate flood plain matches that used in the legend. 8) The plats are labeled 25 foot setback along the western edge. However, according to the map, the mining is on the property line and in one area onto the adjacent parcel. Please clarify where you are proposing to mine. 9) The Extraction Plan map shall be amended to include the times required for each phase of the operation as required by Section 44.2 of the Weld County Zoning Ordinance. 10) Notes stating" The reclaimed lakes are shown in conceptual form. The exact size and shape may vary due to site and soil conditions", "The mining cell locations are conceptual. Their size and shape may vary due to soil and site conditions" and "The exact location of facilities within the plant site may vary" shall be eliminated from the maps. Use by Special Review permits are site specific, not conceptual. 11) A letter from the United States Department of the Interior, Fish and Wildlife Services indicating that no study is necessary to determine whether the Preble's meadow jumping mouse or the Ute ladies-tresses orchid exist on the site. 12) Identify specific hours of operation. Two shifts doesn't give enough information. 13) The reclamation plan includes all the existing trees. Please amend the map so that the trees that will be removed are not shown. Please return the above information by Wednesday, February 23 prior to 4 p.m. If you are unable to meet this deadline, Planning Staff will not have sufficient time to finalize the case and have no choice but to ask for a continuance at the Planning Commission hearing scheduled for March 7, 2000. If you have further questions or concerns, please contact me at the above address or call (970) 353-6100 ext. 3540. Sincerely, Sheri Lockman Planner II d DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 -Atril. FAX (970) 304-6498 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 C. COLORADO January 25, 2000 TuttleApplegate do Gary Tuttle 11990 Grant St., Ste 304 Denver, CO 80233 Subject: USR-1259- Request for a A Site Specific Development Plan and a Special Review Permit for Open Cut Gravel Mining along with Concrete and Asphalt Batch Plans in the (A)Agricultural zone on a parcel of land described as Part of the W2 of Section 19 Township 1 North, Range 66 west of the 6th P.M., Weld County, Colorado. Dear Mr. Tuttle: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for March 7, 2000, 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 Brighton and Fort Lupton Planning Commissions for their review and comments. Please call the City of Brighton at 303-654-1638 and the City of Fort Lupton at 970- 346-0326 for further details regarding the date, time, and place of these meetings. It is recommended that you and/or a representative be in attendance at the Brighton and Fort Lupton Planning Commission meetings 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, jitC EXHIBIT Sheri Lockman / D Planner EXHIBIT ' i FIELD CHECK inspection date: 2/4/2000 CASE NUMBER: USR-1259 APPLICANT: Mobile Pre-Mix Concrete, Inc. LEGAL DESCRIPTION: Part W2 of Section 19, T1 N, R66W of the 6th P.M., Weld County, CO LOCATION: West of Hwy 85 north of and adjacent to Weld County Road 6 and south of and adjacent to Weld County Road 8 Zoninq Land Use N A (Agricultural) N Agricultural / Residential E A (Agricultural) E Agricultural / Residential / Industrial S A (Agricultural) S Agricultural / Gravel Pits W A (Agricultural) W Agricultural / Residential COMMENTS: A well service company is to the east of the property on WCR 6. Camas and Asphalt Paving Company are to the South. Oil and Gas structures are located on the property. Trees line the river. �l U 4h1,d/h Sheri Lockman, Planner EXHIBIT Hello