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HomeMy WebLinkAbout20012390.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Mobile Premix Concrete, Inc. Case Number 2n°AmUSR-488 Submitted or Prepared Prior to At Hearing Hearing 1 Planning Commission Resolution 2 Staff Comments (9 pages) X 3 Photograph of sign posting X 4 Department of Planning Services field check form X 5 Planning Commissioner field check form X 6 Letter to Applicant X 7 Receipt X 8 Legal Notification X 9 Application (22 pages) X 10 Referral List X e 'LANK -- X 12 Weld County Zoning Compliance, referral received 6/13/2001 X 13 City of Longmont, referral received 6/13/2001 X 14 Boulder County, referral received 6/20/2001 X 15 Weld County Department of Public Health and Environment, X referral received 6/13/2001 (3 pages) 16 Weld County Department of Public Works, referral received X 6/20/2001 (2 pages) 17 Colorado Division of Wildlife, referral received 6/14/2001 X 18 Weld County Department of Building Inspection, referral X received 6/11/2001 19 Mountain View Fire Protection District, referral received X 6/18/2001 (2 pages) 20 Maps(2 pages) X 21 8 1/2"X 11" maps submitted by applicant(3 pages) X 22 24"X 36" plats (3) X 23 Deed information (18 pages) X 24 Surrounding Property Owners (8 pages) X 25 Water and Septic Information (15 pages) X 14. EXHIBIT 2001-2390 Li& USL'101'r 26 Soil Survey(4 pages) X 27 Henderson letter of July 11, 2001 X 28 29 30 Item submitted at planning commission I hereby certify that the 27 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 II Page 1 A(tv WIiD�. LAND USE APPLICATION SUMMARY SHEET COLORADO Case Number: 2o° AMUSR-488 Hearing Date: July 17, 2001 Applicant: Mobile Premix Concrete, Inc. Address: 1590 W. 12th Ave. Denver, CO 80204 Request: A Site Specific Development Plan and a Special Review Permit for a mineral resource development facility(Open pit mining and materials processing along with an asphalt mixing plant) in the A (Agricultural) Zone District. Legal Description: Pt. S2 Section 16 and the N2 Section 21, T2N, R68W of the 6th P.M., Weld County, CO Location: West of Weld County Road 7 & south of and adjacent to Weld County Road 20 IA Size of Parcel: 351 +/- 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 6/13/2001 • Weld County Department of Public Health and Environment, referral received 6/13/2001 • Weld County Department of Public Works, referral received 6/20/2001 • Weld County Department of Building Inspection, referral received 6/11/2001 • Mountain View Fire Protection District, referral received 6/18/2001 • Colorado Division of Wildlife, referral received 6/14/2001 • City of Longmont, referral received 6/13/2001 • Boulder County, referral received 6/20/2001 EXHIBIT Page 2 SPECIAL REVIEW PRERMIT VIEW \\I ADMINISTRATIVE REVIEW WI`Dc COLORADO Planner: S Lockman Case Number: 2n° AMUSR-488 Hearing Date: July 17, 2001 Applicant: Mobile Premix Concrete, Inc. Address: 1590 W. 12'h Ave. Denver, CO 80204 Request: A Site Specific Development Plan and a Special Review Permit for a mineral resource development facility(Open pit mining and materials processing along with an asphalt mixing plant) in the A (Agricultural) Zone District. Legal Description: Pt. S2 Section 16 and the N2 Section 21, T2N, R68W of the 6th P.M., Weld County, CO Location: West of Weld County Road 7 & south of and adjacent to Weld County Road 20 IA Size of Parcel: 351 +/- acres Parcel Number: 1313 21 000002, 1313 21 000001, 1313 16 000006, 131316 000007, 1313 16 000008 and 1313 16 000085 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(CM. Goal 2)states,"Promote the reasonable and orderly development of mineral resources." 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. of the Weld County Code provides for open pit mining and materials processing and asphalt batch plants subject to a Use by Special Review in the A (Agricultural) Zone District. Page 3 c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing surrounding land uses. Adjacent properties are agricultural in nature. The residences most affected by this application are located at the southeast corner and east of the site. Planning Staff is requesting a Landscape and Buffering Plan to minimize the impact on these existing homes. 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 lies within the Intergovernmental Agreement area of the Towns of Firestone and Frederick. Neither the Town of Firestone or Frederick returned a referral response. The site is within the three mile referral area of Boulder County and the City of Longmont. Both Boulder County and the City of Longmont indicated no conflicts with their interests. The site lies within the Mixed Use Development area. Future development of the site will be required to comply with all rules and regulations listed in Chapter 26 of the Weld County Code. e. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County Code. Effective December 1, 1999, Building Permits issued on the lot will be required to adhere to the fee structure of the Southwest Weld Road Impact Program Area 1. Further a portion of the property lies within the 100 year flood plain. Conditions of Approval and Development Standards have been included to ensure the operation will comply with County Flood Hazard requirements. 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 proposed site is designated "Other" and "Irrigated land, not prime" by the USDA Soil Conservation Services. No prime agricultural land exists on the site g. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval,and Development Standards ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. h. Chapter 23, Division 4 -- Additional requirements for open mining have been addressed through this application and the Development Standards will insure compliance with Chapter 23, Division 4 of the Weld County Code. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. Page 4 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. The applicant shall submit a Traffic Impact Study to the Weld County Department of Public Works for review and approval. 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. Evidence of Weld County Department of Public Works approval shall be submitted to the Weld County Department of Planning Services (Department of Public Works) 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. 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. (Department of Planning Services) C. The applicant shall submit evidence to the Department of Planning Services indicating that the United States Department of the Interior, Fish and Wildlife Services has eliminated the site as a possible Preble's Meadow Jumping Mouse habitat. 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. (Department of Planning Services) 3. Prior to recording the plat: A. The plat shall be amended to delineate the following: 1) An additional twenty (20) feet of right-of-way dedication adjacent to the subject property next to Weld County Road 20.5 to accommodate acceleration and deceleration lanes associated with the new access point onto Weld County Road 20.5. (Department of Public Works) 2) The applicant has indicated that drainage around the proposed structures will be diverted into the settling and de-watering ponds. Any discharge point Page 5 shall be identified on the plat. (Department of Public Works) 3) The approved Landscape and Buffering Plan. (Department of Planning Services) 4) An accurate legal description. (Department of Planning Services) 5) The property located in Section 17 shall not be included in the permit. (Department of Planning Services) B. The applicant shall submit a Waste Handling Plan to the Weld County Department of Public Health and Environment, Environmental Health Services Division. Evidence of approval shall be submitted to the Weld County 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, including expected volumes and types of waste generated. 2) A list of the type and volume of chemicals expected to be stored on site. 3) The waste handler and facility where the waste will be disposed, including the facility name,address,and phone number. (Department of Public Health and Environment) C. A Dust Abatement Plan shall be submitted to the Weld County Department of Public Health and Environment, Environmental Health Services Division. Evidence of approval shall be submitted to the Weld County Department of Planning Services. (Department of Public Health and Environment) D. If applicable, the applicant shall amend the existing Emission Permit for the modification in the operation if the Colorado Department of Public Health and Environment determines that such a modification represents a significant change in emissions or production. Evidence that the applicant has met this criteria to the satisfaction of the Weld County Department of Public Health and Environment shall be submitted to the Weld County Department of Planning Services. (Department of Public Health and Environment) E. If necessary, the applicant shall amend the existing CPDS Permit from the Water Quality Control Division of the Colorado Department of Health. Evidence that the applicant has met this criteria to the satisfaction of the Weld County Department of Public Health and Environment shall be submitted to the Weld County Department of Planning Services. (Department of Public Health and Environment) F. All septic systems located on the property shall have appropriate permits from the Weld County Department of Public Health and Environment. The Environmental Health Division of the Weld County Department of Public Health and Environment was unable to locate a septic permit for the existing septic system that served a residence(that has since burnt down)located in the northeast part of this USR.Any Page 6 existing septic system which is not currently permitted through the Weld County Department of Public Health and 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 approval shall be submitted to the Weld County Department of Planning Services. (Department of Public Health and Environment) G. The applicant shall submit plans to the Mountain View Fire Protection District for the installation of flammable or combustible liquid storage or dispensing, either temporary or permanent. Evidence of Mountain View Fire Protection District approval of all Uniform Fire Code issues shall be submitted to the Weld County Department of Planning Services. (Mountain View Fire Protection District) H. The operator shall furnish evidence that he or she is insured to the extent of not less than one hundred thousand dollars ($100,000.00)against liability for any negligent act or omission by the operator from the operation or maintenance of the sand and gravel pit and the extraction and production of sand and gravel and all activities connected with or incidental thereto. (Department of Planning Services) The applicant shall submit a Landscape and Buffer Plan to the Weld County Department of Planning Services for review and approval. The Plan shall address buffering the impact to the adjacent residences. (Department of Planning Services) 4. Prior to construction: A. The applicant shall obtain the appropriate building permits through the Weld County Building Inspection Department. (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) Page 7 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Mobile Premix Concrete, Inc. 2n° AMUSR-488 1. The Site Specific Development Plan and Special Use Permit is for a mineral resource development facility(Open pit mining and materials processing)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.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) 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. (Department of Public Health and Environment) 7. 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) 8. 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) 9. Adequate hand washing and toilet facilities shall be provided for employees. (Department of Public Health and Environment) 10. Portable toilets may be utilized on sites that are temporary locations for the working force and portable processing equipment,etc.for up to six months at each location. (Department of Public Health and Environment) Page 8 11. The facility shall utilize the existing public water supply (Left Hand Water District). (Department of Public Health and Environment) 12. 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) 13. 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) 14. 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. (Department of Public Health and Environment) 15. If applicable, the applicant shall obtain a Storm Water Discharge Permit from the Colorado Department of Public Health and Environment,Water Quality Control Division. (Department of Public Health and Environment) 16. Effective December 1, 1999, Building Permits issued on the lot will be required to adhere to the fee structure of the Southwest Weld Road Impact Program area 1. (Department of Planning Services) 17. 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) 18. The applicant shall adhere to all legal load limits for restricted bridges. (Department of Public Works) 19. The operation shall comply with all applicable rule and regulations of the Colorado Division of Minerals and Geology. (Department of Public Health and Environment) 20. The operation shall comply with all applicable rules and regulations from the Department of Labor and Employment, Oil Inspection Section. (Department of Public Health and Environment) 21. The operation shall comply with the Occupational Safety and Health Act (OSHA). (Department of Public Health and Environment) 22. The operation shall comply with the Mine Safety and Health Act (MSHA). (Department of Public Health and Environment) 23. The operation shall comply with all applicable rules and regulations of the Federal Emergency Management Agency including a Letter of Map revision if determined to be applicable. (Department of Planning Services) Page 9 24. The operation shall comply with all operations policies listed in Section 23-4-290 of the Weld County Code. (Department of Planning Services) 25. 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) 26. The asphalt mixing plant shall be located no closer than one-fourth mile to any residence on adjoining properties. (Department of Planning Services) 27. Portable fire extinguishers rated 20ABC shall be provided at the truck loading area, near the burner end of the aggregate dryer and the mixing plant controls within easy reach of the plant operator. (Department of Planning Services) 28. All sand and gravel operations shall be conducted during the hours of daylight except in the case of public or private emergency, or to make necessary repairs to equipment. This restriction shall not apply to operation of administrative and executive offices or repair facilities located on the property. (Department of Planning Services) 29. The Landscape and Buffering Plan shall be maintained in accordance with the approved Plan. (Department of Planning Services) 30. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 31. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 32. 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. 33. 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. 34. 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. a DEPARTMENT OF PLANNING SERVICES WhID CPHONE (970)353-6100, EXT.3540 FAX (970) 304-649804-6498 1555 N. 17TH AVENUE COLORADO GREELEY, COLORADO 80631 May 30, 2001 Mobile Premix Concrete, Inc. c/o LaFarge Corporation, Julie Goettemoeller, Senior Land Manager 1590 W. 121h Avenue Denver, CO 80204 Subject: 2nd AMUSR-488- Request for a Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development Facility (Open Pit Mining and Materials Processing) in the A (Agricultural)Zone District on a parcel of land described as Part 82 Section 16 and the N2 Section 21, T2N, R68W of the 6th P.M., Weld County, Colorado. Dear Ms. Goettemoeller: 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 July 17,2001,at 10:00 a.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 Firestone, Frederick, and Longmont Planning Commission for their review and comments. Please call Firestone at 303-833-3291, Frederick at 303-833-2388, or Longmont at 303-651-8330 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 Firestone, Frederick, and Longmont 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. :::&h %Ge ' Planner EXHIBIT I WELD COUNTY,COLORADO DEPARTMENT OF PLANNING SERVICES -- PLEASE TAKE THIS SLIP TO THE FRONT DESK - DATE RECEIVED FROM1---0‘R '`J\C\k N0. TYPE FEES 4221•REISE 4221 •ZPMIIIMIIZPIZPAD le/S1..) \ 'N Ic)' J �S 4221•SITE PLAN REVIEW 4221•COZ 4221 •POD 4221-SUBDIVISION 4221 •DOA 4221 •MINOR SUB 4221 •FIIDPIGIIOP 4221 REPLAT 6560•RECORDING fEE 4430•MAPS/PUBLICATIONS 4730•INVESTIGATION FEE 4430•POSTAGE/IIANDLING ON-CALL PLANNER (� Li CASII IECK NO: 1 I9 �� /10O TOTAL RECEIPT # y .Mkm. v�CaillYkjn ,, q; 7//V/ 4 FIELD CHECK CASE NUMBER: 2nd AMUSR-488 DATE OF INSPECTION: ,t<AVor APPLICANT'S NAME: Mobile Premix Concrete, Inc. PLANNER: Sheri Lockman __ __- REQUEST: A Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development Facility (Open Pit Mining and Materials Processing) in the A (Agricultural) Zone District. LEGAL DESCRIPTION: Part S2 Section 16 and the N2 Section 21, T2N, R68W of the 6th P.M., Weld County, Colorado. LOCATION: West of WCR 7 and south of and adjacent to WCR 20 '/x. LAND USE: E ZONING: N A(Agricultural) E A(Agricultural) S A(Agricultural) W A(Agricultural) COMMENTS: -r'✓ r4'.di �,�,.�, .-_,^' 71 , , /Gtr ""'r/ c L<'?i lr"'"t' ai..: f`A e ;7; r Lz f rte! .:f F< hl'.,. (c. I �� A:C. Member2nty Planning Dept. I 1 bJI RECEIVED EXHIBIT 15 FIELD CHECK inspection date:7/3/2001 CASE NUMBER: 2n° AmUSR-488 APPLICANT: Mobile Premix Concrete, Inc. LEGAL DESCRIPTION: Pt. N2 Section 16 and the S2 Section 21, T2N, R68W of the 6th P.M., Weld County, CO LOCATION: West of and adjacent to Weld County Road 7 and south of and adjacent to Weld County Road 20.5 Zoning Land Use N A (Agricultural) N Agricultural E A (Agricultural) E Agricultural / Residential S A (Agricultural) S Agricultural / Residential / batch plant W A (Agricultural) W Agricultural / Residential COMMENTS: Gravel processing equipment has recently been placed in the northwest corner of the site. The mixing plant is not on site. Very little if any mining has been completed. The site is being used for a mixture of agricultural uses including pasture, alfalfa and corn. The only homes adjacent to the site are located to the northwest, east and southeast. The homes being constructed in Lighthouse Cove Subdivision are visible from the site. EXIT Hello