HomeMy WebLinkAbout20012765 INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Varra Companies, INC. Case Number USR-1341
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 to Applicant X
5 Legal Notification X
6 Letter from Varra Companies, Inc. dated 7/9/01 X
7 Application (35 pages) X
8 Referral list X
9 City of Dacono referral received 6/12/01 X
10 City of Northglenn referral received 6/12/01 X
11 Colorado Division of Wildlife received 6/20/01 X
12 Weld County Sheriffs Office referral received 6/20/01 X
13 Weld County Department of Public Works referral received X
6/21/01
14 Colorado Geological Survey referral dated June 21, 2001 X
15 CDOT referral received 6/18/01 X
16 Weld County Department of Environmental Services referral X
received 6/14/01
17 Town of Erie referral received 6/20/01 X
18 Weld County Department of Building Inspection referral received X
6/11/01
19 Weld County Zoning Compliance Officer referral received 6/15/01 X
20 City of Broomfield referral received 6/9/01 X
21 Brighton Fire District referral received 7/5/01 X
22 Welborn, Sullivan, Meck&Tooley P.C. (Union Pacific) referral X
received 7/11/01
23 8 1/2 X 11 maps submitted by applicant(6 pages) X
24 Property Deeds (Certificate of Conveyances) (28 pages) X
25 Surrounding Property Owners(18 pages) X
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EXHIBIT
2001-2765 —al--
use 4/5(4
26 Water Information (1 page) X
27 Soils Information/Soils Survey(23 pages) X
28 Letter received 7/13/01 from Davis, Graham &Stubbs LLP X
29 Letter received July 16, 2001 from Hazel Frank X
30 Letter received July 17,2001 from Rejama Brugger X
31 Affadavit of Posting X
32 Letter from Varra Companies Dated July 17, 2001 X
33 Letter from Donelda Rehfeld dated July 16, 2001 X
34 Letter from Arlyne Glardon dated July 17, 2001 X
35 Letter from Curt Hale dated July 17, 2001 X
35 Items submitted at planning commission
I hereby certify that the 35 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. a:0
LwGCL--
Chris Gathman ❖ Current Planner
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LAND USE
APPLICATION
SUMMARY SHEET
COLORADO
Case Number: USR-1341 Hearing Date: July 17, 2001
Applicant:Varra Companies, Inc. Address: 12910 Weld County Road 13, Longmont, CO 80504
Request: A Site Specific Development Plan and a Special Review Permit for mineral resource
development facilities (asphalt & concrete batch plant, asphalt and/or concrete
recycling, sand and gravel processing, materials and equipment storage and
commercial offices) in the A (Agricultural) Zone District
Legal Description: Part of S2 NW4 Section 25, Township 1 North, Range 68 West of the 6th
P.M., Weld County, Colorado
Location: West of and adjacent to Weld County Road 11, 1/4 mile south of Weld County Road 6
Size of Parcel: 69 +/- 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 6/15/2001
• Weld County Department of Public Health and Environment, referral received 6/14/2001
• Weld County Department of Public Works, referral received 6/21/2001
• Weld County Department of Building Inspection, referral received 6/11/2001
Weld County Sheriff's Office, referral received 6/20/2001
• Colorado Geological Survey, referral received 6/21/2001
• Town of Erie, referral received 6/20/2001
• Colorado Division of Wildlife, referral received 6/20/2001
• City of Northglenn, referral received 6/14/2001
• Colorado Department of Transportation, referral received 6/18/2001
• City of Broomfield, referral received 7/9/2001
• Brighton Fire Protection District, referral received 7/5/2001
• Union Pacific Railroad (Welborn, Sullivan, Meck&Tooley, P.C.), referral received 7/9/2001
EXHISIt
USR-1341 Varra Company, Inc. Page 1 1
ttr,' SPECIAL REVIEW PERMIT
1 ADMINISTRATIVE REVIEW
lURe.
COLORADO
Planner: Chris Gathman
Case Number: USR-1341 Hearing Date: July 17, 2001
Applicant:Varra Companies, Inc. Address: 12910 Weld County Road 13, Longmont, CO 80504
Request: A Site Specific Development Plan and a Special Review Permit for an asphalt &
concrete batch plant, asphalt and/or concrete recycling, sand and gravel
processing, materials and equipment storage and commercial offices in the A
(Agricultural) Zone District
Legal Description: Part of S2 NW4 Section 25, Township 1 North, Range 68 West of the 6th
P.M., Weld County, Colorado
Location: West of and adjacent to Weld County Road 11, 1/4 mile south of Weld County Road 6
Parcel Size: 69 +/- acres Parcel Number: 1467-25-000029
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 of the
Weld County Code 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.4 of the Weld County Code provides
for asphalt and concrete batch plants as a Use by Special Review in the A
(Agricultural) Zone District. The proposed sand and gravel processing facility will
process mineral deposits generated off-site. Section 23-3-40.A.6 of the Weld
County Code allows for the on-site processing of mineral deposits. This proposal
is for off-site processing of mineral deposits. Section 23-3-40.0 of the Weld County
Code allows for uses similar to uses listed as Use by Special Review in the A
USR-1341 Varra Company, Inc. Page 2
(Agricultural)zone district as long as the use complies with the general intent of the
A zone district. Commercial offices are a Use by Right under Commercial zoning
and outdoor and outdoor storage of equipment and materials is a use by right in the
1-3 (Industrial) Zone District. Section 23-3-40.R allows for uses permitted by right
in the in Commercial or Industrial Zone Districts.
c. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with
the existing surrounding land uses. The proposed use is adjacent to a commercial
RV storage lot to the south (Special Use Permit 299), a turkey facility to the north
(Special Use Permit 117),and three single-family residences and outbuildings to the
west (adjacent to Weld County Road 11). There is farmground to the east on the
other side of the railroad tracks. The turkey facility does not appear to be in
operation. The applicant is proposing to bring water in to the facility to operate the
asphalt and concrete batch plants. The amount of water required for the Asphalt
Batch Plant is minimal. The applicant has estimated that the concrete batch plant
will use approximately 9,120 gallons of water per day. Varra company owns a 5,000
gallon water truck and is estimating two round trips (to and from the site) per day
to supply water to the site.
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 proposed facility is located within the
three-mile referral area for the Town of Erie and the cities of Broomfield, Dacono
and Northglenn. The Town of Erie and cities of Dacono and Northglenn indicated
that this proposal did not conflict with their interests, in their referrals respectively
received June 19, 2001, June 12, 2001 and June 14, 2001.
e. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld
County Code. This site is located within the Southwest Weld Road Impact Fee
Area #3. This fee will be assessed at time of building permit.
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 site is
designated as "Prime (Irrigated)" land according to the 1979"Important Farmlands
of Weld County"Map. However,water rights on this property have been sold to the
City of Northglenn. This parcel and the surrounding area are not in agricultural
production and do not appear to have been in production for a considerable period
of time.
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.
USR-1341 Varra Company, Inc. Page 3
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. (Dept. of Planning Services)
2. Prior to scheduling a Board of County Commissioners hearing:
A. 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 traffic study to the Department of Public Works.
Evidence of Department of Public Works approval of the traffic study shall be
submitted to the Department of Planning Services. (Department of Planning
Services)
C. The applicant shall provide evidence that the facility has obtained an "adequate"
water supply for the sand and gravel processing operations. Evidence of how much
water will be required,where the water will be delivered from and how the water will
be used shall be submitted to the Department of Planning Services. (Department
of Planning Services)
D. The applicant shall provide evidence that the facility has obtained an "adequate"
water supply for proposed landscaping areas. The applicant shall indicate where
water will be obtained and how the landscape areas will be irrigated. (Department
of Planning Services)
E. The applicant shall attempt to address the requirements of the Brighton Fire
Protection District as outlined in their referral dated July 5, 2001. (Department of
Planning Services)
F. The applicant shall submit a copy of an agreement with the Bull Canal Ditch
Company, whose irrigation ditch runs along the northwestern boundary of the
proposed development,stipulating that all concerns of the ditch company have been
adequately addressed, or submit evidence that reasonable accommodations have
been made. (Dept. of Planning Services)
3. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) All right-of-way requirements for WCR 11 as required by Broomfield,as they
have jurisdiction.
USR-1341 Varra Company, Inc. Page 4
2) The approved Landscape and Screening plan. (Department of Planning
Services)
B. If the applicant utilizes any maintained Weld County roads other than those
annexed by Broomfield, Dacono, or Northglenn, they shall enter into a Road
Maintenance Improvements Agreement for the upgrading and paving or
maintenance of roads associated with the operation,and any additional intersection
improvements associated with heavy hauling that may be identified in the traffic
study. (Department of Public Works)
C. The applicant shall submit copies of signed Improvements Agreements with the City
of Broomfield (and the City of Dacono and City of Northglenn if necessary)for the
upgrading and paving or maintenance of roads associated with the operation, and
any additional intersection improvements associated with heavy hauling that may
be identified with the operation or submit evidence from the City of Broomfield that
their road concerns have been adequately addressed. (Department of Public
Works, Department of Planning Services)
D. 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. (Department of Public Health and Environment)
E. Submit a dust abatement plan to the Environmental Health Services, Weld County
Department of Public Health & Environment, for approval prior to operation.
(Department of Public Health and Environment)
F. An individual sewage disposal system is required for the proposed facility and 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.
(Department of Public Health and Environment)
G. If applicable, 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 installation of the septic system shall comply with the Weld
County I.S.D.S. flood plain policy. (Department of Public Health and Environment)
H. The applicant shall provide evidence 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.
(Department of Public Health and Environment)
The applicant shall submit a waste handling plan,for approval,to the Environmental
Health Services Division of the Weld County Department of Public Health &
Environment. 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.
USR-1341 Varra Company, Inc. Page 5
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)
J. The applicant shall attempt to address the requirements/recommendations of the
Colorado Geological Survey as outlined in their referral dated June 15, 2001.
(Colorado Geological Survey)
K. The applicant shall apply for a Department of Army, Clean Water Act permit and
submit evidence of approval to the Department of Planning Services or submit
evidence from the Department of the Army that the 404 Clean Water Act permit is
not applicable. (Department of Planning Services)
L. 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 the adjacent residences to the west. The applicant shall provide
a berm or other acceptable method of screening.(Department of Planning Services)
4. Prior to Operation:
A. Applicant shall apply for and receive approval of building permits. (Department of
Building Inspection)
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-1341 Varra Companies, Inc. Page 6
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Varra Companies, Inc.
USR- 1341
1. The Site Specific Development Plan and Special Use Permit is for an asphalt & concrete
batch plant, asphalt and/or concrete recycling, sand and gravel processing, materials and
equipment storage and commercial offices 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. No future expansion of the asphalt and concrete batch plant facilities and sand &
gravel processing facilities shall be allowed until the applicant has obtained a
permanent water supply for these facilities. (Department of Planning Services)
3. Off-street parking spaces at the main office parking lot, including access drive, shall be
surfaced with asphalt, concrete, or equivalent, and shall be graded to prevent drainage
problems. (Department of Public Works)
4. The facility shall operate in accordance with the approved dust control plan. The facility
shall have sufficient equipment available to implement appropriate dust control. Additional
control measures shall be implemented as required by the Weld County Health Officer.
(Department of Public Health and Environment)
5. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
6. 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)
7. 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. (Department of Public Health and
Environment)
8. 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)
9. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)=
USR-1341 Varra Companies, Inc. Page 7
10. 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)
11. The applicant shall have an adequate water supply. (Department of Public Health and
Environment)
12. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health & Environment, Water Quality Control Division. (Department
of Public Health and Environment)
13. Adequate toilet facilities shall be provided for employees and the public. (Department of
Public Health and Environment)
14. The operation shall comply with the Occupational Safety and Health Act (OSHA).
(Department of Public Health and Environment)
15. Any vehicle washing area(s) shall capture all effluent and prevent discharges from drum
washing and the washing of vehicles in accordance with the Weld County Code, the Rules
and Regulations of the Water Quality Control Commission,and the Environmental Protection
Agency. (Department of Public Health and Environment)
16. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner. Reference 25-8-205.5 Colorado Water Quality Control Act and
Rules and Regulations thereof. (Department of Public Health and Environment)
18. Effective December 1, 1999, Building Permits issued on the site will be required to adhere
to the fee structure of the Southwest Weld Road Impact Program area #3. (Department of
Planning Services)
19. The landscaping on site shall be maintained in accordance with the approved Landscape
Plan. (Department of Planning Services)
20. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
21. The property owner or operator shall be responsible for complying with the Operation
Standards of Sections 23-2-250 and 23-2-290 of the Weld County Code.
22. 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)
USR-1341 Varra Companies, Inc. Page 8
23. 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.
24. 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.
25. 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-1341 Varra Companies, Inc. Page 9
FIELD CHECK inspection date: 6/28/01
CASE NUMBER: USR-1341
APPLICANT: Varra Companies, Inc.
LEGAL DESCRIPTION: Part of the S2 NW4 25-1-68
LOCATION: East of and adjacent to WCR 11, 1/4 mile south of WCR 6
Zoning Land Use
N A (Agricultural) N Turkey Facility (does not appear to be
operating)
E A (Agricultural) E Railroad/cropland and some farm residences to
the east of the railroad
S A (Agricultural) S Vehicle storage facility (Special Use Permit)
W A (Agricultural) W 3-4 Single Family residences to the west (along
WCR II )
COMMENTS:
* Area is non-irrigated grassland. (Some potential for erosion apparent)
* Site slopes from west to east.
* Oil & gas facility adjacent to northwest portion of site.
* Existing road access along the south of the site.
61,4L,
Chris Gathman, Current Planner
EXHIBIT
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