HomeMy WebLinkAbout20011579.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Asphalt Specialties Co, INC. Case Number USR-1324
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 Planning Commissioner field check form X
5 Letter on behalf of Ruth Ann Southwick X
6 Letter to Applicant X
7 Legal Notifications (2 pages) X
8 Application (26 pages) X
9 Road Access Information Sheet(2 pages) X
10 Referral list X
11 Fort Lupton Fire Department referral received 3/13/01 X
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12 Weld County Sheriff's Department referral received 3/16/01 X
13 Colorado Division of Wildlife referral received 3/13/01 X
14 Weld County Zoning Compliance Officer referral received 3/22/01 X
15 Weld County Department of Public Works referral received X
3/23/01
16 Weld County Department of Building Inspection referral received X
3/12/01
17 Weld County Department of Public Health referral received X
3/29/01
18 8 '/X 11 maps submitted by applicant(1 page) X
19 Certificate of Conveyances(3 pages) X
20 Surrounding Property Owners(8 pages) X
21 Fulton Ditch Stocks(2 pages) X
22 Well Permits (7 pages) X
23 Septic Permit Application (2 pages) X
24 Traffic Impact Study(94 pages) X
25 Colorado Department of Transportation referral received 4/16/01 X
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2001-1579 N
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25 Items submitted at planning commission
I hereby certify that the 25 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.
Chris Gathman + Current Planner
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A04147
lURe. LANDAPPLICATION
SUMMARY SHEET
COLORADO
Case Number USR-1324 Hearing Date: April 17, 2001
Applicant:Asphalt Specialties Co., Inc. Address:7321 E.88th Avenue, Henderson, CO 80640
Request: A Site Specific Development Plan and a Special Use Permit for a Asphalt and
Concrete Batch Plant Facility in the A (Agricultural) Zone District
Legal Description: Part of N2 of SW4 Section 20,Township 1 North, Range 66 West of the 6th
P.M., Weld County, Colorado
Location: East of and adjacent to Weld County Road 27 and 1/4 mile north of Weld County
Road 6
Size of Parcel: 14 +/- 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 3/22/2001
• Weld County Department of Public Health and Environment, referral received 3/29/2001
• Weld County Department of Public Works, referral received 3/23/2001
• Weld County Department of Building Inspection, referral received 3/12/2001
• Weld County Sheriffs Office, referral received 3/16/2001
• Fort Lupton Fire Protection District, referral received 3/13/2001
• Colorado Division of Wildlife, referral received 3/12/2001
Colorado Department of Transportation, referral received 4/16/2001
Referrals have not been received from these agencies:
• City of Fort Lupton
i-. City of Brighton
• Adams County S 1*HI Fitt
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• Weld County RE-8 School District
• Fulton Lateral Ditch Company
• Excel Energy
• West Adams Soil Conservation District
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/ SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
11`k
COLORADO
Planner: Chris Gathman
Case Number: USR-1324 Hearing Date: April 17, 2001
Applicant:Asphalt Specialties Co., Inc. Address:7321 E.88th Avenue, Henderson, CO 80640
Request: A Site Specific Development Plan and a Special Use Permit for a Asphalt and Concrete
Batch Plant Facility in the A (Agricultural) Zone District
Legal Description: Part of N2 of SW4 Section 20, Township 1 North, Range 66 West of the 6th
P.M., Weld County, Colorado
Location: East of and adjacent to Weld County Road 27 and 1/4 mile north of Weld County
Road 6
Parcel Size: 14 +/- acres Parcel Number: 1471-20-000022
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.1
CM.Goal 2 states "Promote the reasonable and orderly development of mineral
resources." The proposed asphalt and concrete batch plants will allow for the
processing of mineral resources. Section 22-5-80.D.2.e CM.Policy 4.5 requires
"that batch plants and processing equipment be buffered from adjacent uses." The
applicants are proposing to install berms and fencing along Weld County Road 27
and along the south side of the site to provide buffering from existing residences to
the south.
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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 subsection A.1 of the Weld County Code
provides for Asphalt and Concrete Batch Plants as a Use by Special Review in the
A (Agricultural) Zone District.
c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the
existing surrounding land uses. The site is surrounded by a grain storage and
processing facility to the north, farmland and a single family residence to the south,
cropland and a feedlot to the east and cropland and a single family residence to the
west. The site is located within 1/4 mile of industrial uses to the north and within 1/2
mile of State Highway 85 and industrial uses to the west. Applicants are proposing
to screen the facility with six foot berms with landscaping and a six foot high opaque
wooden fence along Weld County Road 27 and along the southern end of the batch
plant area.
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 use is located within the
three-mile referral areas for the City of Fort Lupton and the City of Brighton.
e. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld
County Code. The site does not lie within any Overlay Districts.
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-
60 A.Goal 1 of the Weld County Code states "Preserve prime farmland for
agricultural purposes which foster the economic health and continuance of
agriculture." The site is defined as "Prime" per the 1979 USDA Soil Conservation
Service map. However the applicants are only proposing to develop 14 acres out
of an 80 acre parcel. This section of land is divided from the remainder of the
property to the east by Union Pacific Railroad tracks and right-of-way. The
remainder of the 80 acre parcel is to remain in crop.
g. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240 of the Weld
County Code), Operation Standards(Section 23-2-250 of the 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.
r . The Department of Planning Services's staff recommendation for approval is conditional upon the
following:
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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 Board of County Commissioners Hearing:
A. The applicant shall provide evidence that the facility has obtained an "adequate"
water supply. Applicant shall apply for commercial use for the wells through the
State of Colorado, Division of Water Resources. Evidence shall be provided from
the State of Colorado, Division of Water Resources that there will be adequate
water capacity to serve the proposed use. (Department of Public Health &
Environment)
B. 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
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
fis. has been made to mitigate the concerns of the mineral owners. (Department of
Planning Services)
3. Prior to recording the plat:
A. The applicant shall enter into an Improvements Agreement for the designated haul
route from the facility. The applicant has identified Weld County Road 27, Weld
County Road 6 and Weld County Road 8 as being part of the haul route to US
Highway 85. (Department of Public Works)
B. The applicant shall enter into an Improvements Agreement for on-site parking,
landscaping improvements and stormwater detention provisions(if required)for the
facility. (Department of Public Works)
C. The applicant shall address the requirements of the Colorado Department of
Transportation as stated in their referral received April 17, 2001. Evidence of
Colorado Department of Transportation approval shall be submitted to the
Department of Planning Services. (Colorado Department of Transportation)
D. The applicant shall verify that the lengths of the accel-decel lanes off of Highway 85
are sufficient with Diane Houghtaling of the Department of Public Works. Evidence
of Public Works approval shall be submitted to the Department of Planning
Services.
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E. The applicant shall submit Storm Water Retention facility plans for review and
approval by the Weld County Department of Public Works. Evidence of Public
Works approval shall be submitted to the Department of Planning Services.
(Department of Public Works)
F. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and
Emissions Permit application to the Air Pollution Control Division of the Colorado
Department of Public Health and Environment. Evidence of such shall be submitted
to the Department of Planning Services. (Department of Public Health &
Environment)
G. Submit a dust abatement plan to the Environmental Health Services, Weld County
Department of Public Health & Environment, for approval prior to operation.
Evidence of Department of Public Health & Environment approval shall be
submitted to the Department of Planning Services. (Department of Public Health
and Environment)
H. All septic systems located on the property shall have appropriate permits from the
Weld County Department of Public Health & Environment. The Environmental
Health Division of the Weld County Department of Public Health&Environment was
unable to locate a septic permit for the septic system currently serving the home in
the southwest corner of this site. Any existing septic system which is not currently
permitted through the Weld County Department of Public Health&Environment will
require an I.S.D.S. Evaluation prior to the issuance of the required septic permit.
In the event the system is found to be inadequate, the system must be brought into
compliance with current I.S.D.S. regulations. Evidence of Department of Public
Health & Environment approval shall be submitted to the Department of Planning
Services. (Department of Public Health & Environment)
An individual sewage disposal system is required for the proposed office building
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. If the septic system is located in the flood plain, the
installation of the septic system shall comply with the Weld County I.S.D.S. flood
plain policy. Evidence of Department of Public Health&Environment approval shall
be submitted to the Department of Planning Services. (Department of Public Health
& Environment)
J. If applicable,the facility shall obtain a Stormwater discharge and any other required
discharge permits from the Water Quality Control Division of the Colorado
Department of Health. Evidence of such shall be submitted to the Department of
Planning Services. (Department of Public Health & Environment)
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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
Department of Public Health & Environment approval shall be submitted to the
Department of Planning Services. (Department of Public Health & Environment)
L. 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. Evidence of Department of Public Health and Environment approval
shall be submitted to the Department of Planning Services. 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 & Environment)
M. The plat shall be amended to delineate the following:
1) Weld County Road 27 is designated on the Weld County Transportation
Plan Map as a collector status road,which requires 80 feet of right-of-way
at full build out.There is presently 60 feet of right-of-way. A total of 40 feet
from the centerline of Weld County Road 27 shall be delineated right-of-
way on the plat. This road is maintained by Weld County. (Department of
Public Works)
2) The applicant shall place on the plat all rights-of-way such as road,
railroad, and any oil and gas utility that may interfere with the proposed
operation of the site. (Department of Public Works)
3) The proposed surface for the proposed parking lots and access drive
(asphalt,concrete,or equivalent)as approved by the Department of Public
Works shall be indicated on the plat. (Department of Public Works)
4. Prior to operation:
A. Proper Building Permits shall be obtained prior to any construction, remodeling,
demolition and relocation of buildings or excavation. (Department of Building
Inspection)
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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)
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ASPHALT SPECIALTIES COMPANY, INC.
USR-1324
1. The Site Specific Development Plan and Special Review Permit is for a Asphalt and
Concrete Batch Plant Facility in the A (Agricultural) Zone District, as indicated in the
application materials on file and subject to the Development Standards stated hereon.
(Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code. (Department of Planning Services)
3. The off-street parking spaces at the main office parking lot including the 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 & Environment)
5. 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)
6. 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)
7. 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)
8. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
9. 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)
10. Adequate hand washing and toilet facilities shall be provided for employees. (Department of
Public Health and Environment)
11. The facility shall provide an adequate water supply for drinking and sanitary purposes.
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(Department of Public Health & Environment)
12. The operation shall comply with the Occupational Safety and Health Act (OSHA).
(Department of Public Health & Environment)
13. 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 & Environment)
14. 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)
15. The landscaping on site shall be maintained in accordance with the approved landscape
plan. (Department of Planning Services)
16. Proper building permits shall be obtained prior to any construction, remodeling, demolition,
relocation of buildings or excavation. (Department of Building Inspection)
17. The property owner or operator shall be responsible for complying with the Design Standards
of Section 23-2-240 of the Weld County Code.
18. The property owner or operator shall be responsible for complying with the Operation
Standards of Sections 23-2-250 and 23-4-290 of the Weld County Code.
19. 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.
20. 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.
21. 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
PHONE (970) 353-6100, EXT.3540
IFAX (970) 304-6498
W�`pC N. 17TH AVENUE
GREELEY,55COLORADO 8 631
COLORADO
March 5, 2001
Asphalt Specialties Company, Inc.
Attn: Dan Hunt
7321 E. 88`h Ave
Henderson, CO 80640
Subject: USR-1324- Request for a Special Use Permit application for an asphalt and concrete
processing facility and materials storage area on a parcel of land described as N2 SW4 of Section
20, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado.
Dear Mr. Hunt:
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 April 17,2001, 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 Brighton and Ft. Lupton Planning
Commissions for their review and comments. Please call the City of Brighton at 303-655-2023 and the City
of Ft. 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 Ft. 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.
EXHIBIT
Respectfully,
o
Chris Gathman
Planner
eles
FIELD CHECK CASE NUMBER: USR-1324 DATE OF INSPECTION: Ai/ ,f/p/
APPLICANT'S NAME: Asphalt Specialties Company, Inc.
PLANNER: Chris Gathman
REQUEST: Special Use Permit application for an asphalt and concrete processing facility and materials
storage area.
LEGAL DESCRIPTION: N2 SW4 of Section 20, Township 1 North, Range 66 West of the 6th P.M., Weld
County, Colorado.
LOCATION: West of and adjacent to WCR 27, 1/4 mile north of WCR 6.
LAND USE: n N tOr-
E (�
S
W °J_. - thee,t ,
ZONING: N A(Agricultural)
E A(Agricultural)
S A(Agricultural)
W A(Agricultural)
COMMENTS:
AAn y(12 4411, tflij
P.C. Member GE/&
EXHIBIT
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FIELD CHECK inspection date: 3/27/01
CASE NUMBER: USR-1324
APPLICANT: Asphalt Specialties Co, INC
LEGAL DESCRIPTION: N2 SW4 20-1-66
LOCATION: East of and adjacent to Weld County Road 27, 1/4 mile north of
Weld County Road 6
Zoning Land Use
N A(Agricultural)/I-3 N Grain Storage and processing facility/I-3
(industrial) businesses within '/ mile north.
E A (Agricultural) E Union Pacific Railroad/farmland/Cattle Feedlot
S A (Agricultural) S Cropland/single family residence adjacent on
same property and single family home approx.
I/4 mile south
W A(Agricultural) W cropland/single-family residence southwest &
across WCR 27 from facility - commercial and
industrial businesses '/ mile to the West
COMMENTS:
* Property is basically flat and in crop.
* A single family residence and outbuildings is located at the south end of the site.
* Majority of property (split by the railroad right-of-way and tracks) is east of the railroad tracks.
* Property is within 1/2 mile of Highway 85 and commercial/industrial businesses to the west.
re` dija EXHIBIT
Chris Gathman, Current Planner
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