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Home My WebLink About20003020.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Hall Irwin Construction Company Case Number AMUSR-1125 Submitted or Pre,fared Prior to At Hearing Hearing 1 Planning Commission Resolution 2 Staff Comments X 3 Department of Planning Services field check form X 4 Surrounding Property Owner Letter(Marie Etter) X 5 Letter to Applicant X 6 Legal Notifications (2 pages) X 7 Application (7 pages) X 8 Referral list X 9 West Greeley Soil Conservation District referral 8/23/00 X 10 Weld County RE-4 School District referral received 8/10/00 X 11 Colorado Department of Transportation referral received 9/11/00 12 City of Greeley Community Development referral received X 8/24/00 13 Weld County Public Works Department referral received 8/28/00 X 14 Windsor-Severence Fire Protection District referral received X 8/28/00 15 Town of Windsor referral received 9/8/00 X 16 Weld County Dept. of Public Health - Environmental Health X Services referral received 8/21/00 17 Department of Army - Corps of Engineers referral recieved X 8/21/00 18 8 1/2 X 11 maps submitted by applicant( 3 pages) X 19 Deed X 20 Surrounding Property Owners (7 pages) X 21 Water letter(1 page) X 22 Septic Permit (1 page) X 23 Road Access Information Sheet(1 Page) X 23 Items submitted at planning commission _. EXHIBIT SL 2000-3020 I hereby certify that the 23 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. /�/ AtL Chris Gathman ❖ Current Planner isotrt;:. lURe LAND USE APPLICATION SUMMARY SHEET COLORADO Case Number:AMUSR-1125 Hearing Date:September 19, 2000 Applicant: Hall-Irwin Construction Address: P.O. Box 519, Greeley, CO 80632 Request: A Site Specific Development Plan and Amended Use by Special Review Permit for Open Cut Gravel Mining and Asphalt and Concrete Batch Plants and concrete recycling plant in the (A) Agricultural zone district. Legal Description: E2 SW4 Section 30 and NE4 NW4,Township 6 North, Range 66 West of the 6th P.M., Weld County, CO. Location: South of and adjacent to Weld County Road 641/2 and West of and adjacent to Weld County Road 27 Size of Parcel: +/- 300 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: Referrals Received: • City of Greeley Community Development Department referral received 8/24/2000 • West Greeley Soil Conservation District referral received 8/23/2000 • Weld County Department of Public Works referral received 8/28/2000 • Windsor-Severence Fire Protection District referral received 8/28/2000 • Town of Windsor referral received 9/8/00 • Weld County Department of Department of Health & Environment referral received 8/21/2000 Department of the Army, Corps of Engineers referral received 8/14/00 • Weld County RE-4 School District referral received 8/10/00 • Colorado Department of Transportation referral received 9/11/00 Page 1 Referrals Not Received: • Colorado Water Conservation Board • Colorado Division of Wildlife • Colorado Division of Minerals and Geology Whitney Ditch Company Shark's Tooth Pipeline AMUSR 1125 Page 2 SPECIAL REVIEW PERMIT \ ADMINISTRATIVE REVIEW COLORADO Case Number: AMUSR-1125 Hearing Date:September 19, 2000 Applicant: Hall-Irwin Corporation Address: P.O. Box 519, Greeley, CO 80632 Request: A Site Specific Development Plan and Amended Use by Special Review Permit for Open Cur Gravel Mining and Asphalt and Concrete Batch Plants and recycling plant in the(A)Agricultural zone district. Legal Description: E2 SW4 Section 30 and NE4 NW4,Township 6 North,Range 66 West of the 6th P.M., Weld County, CO. Location: South of and adjacent to Weld County Road 641/2 and West of Weld County Road 27 Size of Parcel: 300 +/-acres Parcel Number: 0805 30 000064, 0805 30 000017, 0805 31 000061, 0805 31 000062, 0805 31 000064 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, as amended. 2. It is the opinion of the Department of Planning Services staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance, as amended, as follows: a. Section 24.3.1.1 --That the proposal is consistent with the Weld County Comprehensive Plar, as amended.CM.Goal 2 states,"Promote the reasonable and orderly development of mineral resources." b. Section 24.3.1.2--That the proposa/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(Agricultural)Zone District. AMUSR 1125 Page 3 c. Section 24.3.1.3 --That the proposal will be compatible with the existing surrounding land uses. Surrounding land uses include pasture and cultivated fields to the north, east and west and the Cache la Poudre river to the south. There are residences located to the east, west, north and northwest of the proposed expansion area. Development standards will help to ensure that the existing residences will be screened and buffered from the proposed expansion sites and batch plant. d. Section 24.3.1.4 --That 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. The City of Greeley. in their 8/24/00 referral, indicated that the proposal had no conflicts with their interests and recommended approval subject to the applicants meeting the requirements of the Colorado Division of Wildlife. The City of Windsor, in their 9/8/00 referral, indicated that the proposal had no conflicts with their interests as well. e. Section 24.3.1.5--The majority of Parcel 2 and a portion of Parcel 1 (as indicated in the propcsed extraction plan) are located within the Flood Hazard Overlay District area as shown on FIRM Panel Map 080266-06080 dated September 28, 1982.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". Flood Hazard Development Permit 378 is being processed by the Weld County Department of Planning Services. f. Section 24.3.1.6-- That the applicant has demonstrated a diligent effort has been made to conserve prime agricultural land. The parcel is designated as "Prime" and "Irrigated Land (Not Prime)". A portion of the property(a majority of parcel 1 and a portion of parcel 2 as indicated on the propcsed extraction plan) is located within the one-hundred (100) year flood plain and thus it limits the agricultural productiveness of the site. Approximately the northern 30-40 acres of Parcel 1 Oust south of Weld County Road 64112)are indicated as irrigated crop land on the proposed reclamation plan. g. Section 24.3.1.7--The Design Standards (Section 24.5 of the Weld County Zoning Ordinance, as amended),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. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, ether 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 placed or 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 thirty(30) days of approval by the Board of County Commissioners. (Dept.of Planning) AMUSR 1125 Page 4 2. Prior to scheduling a Board of County Commissioners Hearing: A. O.G.Policy 1.1 of the Weld County 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 requ red the survey will be conducted and submitted to the Department of Planning Services. (Dept. of Planning Services) C. The applicant shall submit a letter from the United States Department of the Interior,Fish and Wildlife Services indicating if a trapping study is needed to determine the presence or absence of the Preble's Meadow Jumping Mouse. 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 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 for the existing residences to the north, northwest,west and the existing residence to the north of the existing batch plant. The applicant shall also provide adequate screening and buffering from Weld County Road 641/2 and 83r°Avenue. The applicant shall provide a berm or other acceptable method of screening. Any berm placed in the one hundred (100)year flood plain of the Cache la Poudre River can not obstruct passage of flood flows. The applicant shall use breaks in the berm with landscaping,to fill the void,culverts,or other method shall be utilized to allow water to flow freely. (Dept.of Planning) B. The applicant shall submit a revised Reclamation Plan to the Weld County Department of Planning Services for review and approval.The final ponds(ponds B-G on the proposed reclamation plan) s hall be reconfigured to obtain a more natural and free flowing appearance for the future residents of the area. (Dept. of Planning) C. If there are any fueling operations proposed on site,applicants shall submit information for review and approval by the Windsor-Severence Fire Protection District. Evidence of the Windsor-Severence Fire Protection District shall be submitted to the Department of Planning Services.(Windsor-Severence Are District) D. The existing NPDES Permit must be amended for the increased operation if the Water Quality Control AMUSR 1125 Page 5 Division of the Colorado Department of Public Health & Environment determines that such a modification represents a significant change in discharge. Evidence of the determination of the Water Quality Control Division of the Colorado Department of Public Health & Environment shall be submitted to the Department of Planning Services. (Dept. of Health & Environment) E. The existing Emissions Permit must be modified for the increased operation if the the Air Pollution Control Division of the Colorado Department of Public Health and Environment determines that such a modification represents a significant change in emissions or production. (Dept.of Public Health and Environment) F. A dustabatement plan shall be submitted to Environmental Health Services,Weld County Department of Public Health & Environment, for approval prior to operation. Evidence of Health Department approval shall be submitted to the Department of Planning Services. (Dept. of Public Health and Environment) G. The applicant shall provide evidence to the Department of Planning Services that all requirements of the Colorado Geological Survey have been complied with. This includes having either the Mined Land Reclamation Board or the Department of Urban Drainage review the plan to evaluate what reinforcement may be required during floods. (Dept. of Planning) H. The applicant shall meet with Diane Houghtaling of the Department of Public Works to verify the location of the proposed reconfiguration of the curve on 83r°Avenue at WCR 64.5 to determine if the realignment would hit proposed pond"H"on the Reclamation Plan. Evidence of this verification shall be submitted to the Department of Planning Services. (Dept. of Public Works) Weld County Road 27(83rd Avenue)is designated on the Weld County Transportation Plan Map as an arterial status road requiring a 100-foot right-of-way at full build out.The applicant shall reserve an additional 20-foot right-of-way adjacent to WCR 27. A total of 50-feet from the centerline of Weld County Road 27 Shall be delineated on the plat as right-of-way for future expansion of Weld County Road 27. (Dept.of Public Works) J. Weld County Road 64.5 is designated on the Weld County Transportation Plan Map as a collector status road, which requires an 80-foot right-of-way at full build out. The applicant shall reserve an additional 10-foot right-of-way adjacent to WCR 64.5. A total of 40-feet from the centerline of Weld County Road 64.5 shall be delineated on the plat as right-of-way for future expansion of Weld County Road 64.5. (Dept. of Public Works) 4. Prior to Construction: A, Proper building permits shall be obtained prior to any construction,demolition,or excavation. Pad of the permit application process includes a complete plan review. (Dept. of Building Inspection) B. Permits are required for all electrical work including electrical services for dewatering pumps, rock crushers, construction trailers, site lighting, etc. (Dept.of Building Inspection) C. All excavation shall meet the requirements of Appendix Chapter 33 of the 1997 Uniform Building AMUSR 1 125 Page 6 Code. (Appropriate Colorado State agencies should be consulted for additional regulations or requirements.) (Dept. of Building Inspection) D. Drawings for any building or related projects shall be submitted to the appropriate fire district. (Dept. 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.(Cent. of Planning) AMUSR 1125 Page 7 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Hall-Irwin Construction Company AMUSR-1125 1. The Amended Site Specific Development Plan and Use by Special Review Permit#1125 is for Open Cut Gravel Mining and Asphalt, Recycling and Concrete 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) 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance, as amended. (Dept. of Planning) 3. All operations on said described parcel shall be in conformance with the Weld County Flood Reg ulatiins including: a. No fill, berms,or stockpiles shall be placed in the one hundred (100)year flood plan of the Cache La Poudre River which would obstruct passage of flood flows. (Dept. of Planning) 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 Planning) 4. All liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and Facilities Act,30-20-101,C.F.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Dept. of Public Health and Environment) 5. No permanent disposal of wastes shall be permitted except fill material at this site.(Dept.of Public Health and Environment) 6. 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) 7. The maximum permissible noise level shall not exceed the industrial limit as measured according to 25-12-103, Colorado Revised Statutes. (Dept.of Public Health and Environment) 8. The applicant shall remove, handle,and stockpile overburden,soil,sand and gravel from the facility area in a manner that will prevent nuisance conditions. (Dept.of Public Health and Environment) 9. The facility shall utilize bottled drinking water for employees(Dept. of Public Health and Environment) 10 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) 11. 11 The facility shall utilize the exist septic system at the scale house. Portable toilets shall be used for the AMUSR 1125 Page 8 12. Fugitive dust shall be controlled on the site. (Dept. of Public Health and Environment) 13. The site shall maintain compliance with all applicable rules and regulations of the Colorado Division of Minerals &Geology. (Dept. of Public Health and Environment) 14. If any work associated with this project requires the placement of dredged 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, ponds or wetlands at this location, the applicant shall obta n a Department of Army, 404 Clean Water Act permit.(Dept. of Planning) 15. The operation shall comply with the Occupational Safety and Health Act(OSHA). (Dept. of Public Health and Environment) 16. The operation shall comply with the Mine Safety and Health Act (MSHA). (Dept. of Public Health and Environment) 17. The facility shall operate in accordance with the approved dust abatement plan at all times. The facility=hall have sufficient equipment available to implement the dust control as required by the Weld County Health Dept. (Dept.of Public Health and Environment) 18. Proper building permits shall be obtained prior to any construction,demolition,or excavation. Part of the permit application process includes a complete plan review. (Dept. of Building Inspection) 19. Permits are required for all electrical work including electrical services for dewatering pumps, rock crushers, construction trailers, site lighting, etc. (Dept.of Building Inspection) 20 All excavation shall meet the requirements of Appendix Chapter 33 of the 1997 Uniform Building Code. (Appropriate Colorado State agencies should be consulted for additional regulations or requirements.) (Dept. of Building Inspection) 21 Drawings for any building or related projects shall be submitted to the appropriate fire district.(Dept.of Building Inspection) 22 Additional requirements or changes may be required when building applications or plans are reviewed by the Weld County Building Inspection Department, the Fire District, or other State agencies. (Dept. of Building Inspection) 23 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) 24. All fuel tanks, septic tanks, temporary buildings or any other hazardous items that may wash away dc ring flooding, shall be securely anchored and adequately flood-proofed to avoid creation of a flood hazard. (Dept. of Planning) AMUSR 1 125 Page 9 25. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the reclaimed areas.(Dept. of Planning) 26. 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) 27. No additional accesses shall be granted from Weld County Road 64.5 to the facility. (Dept. of Public Works) 28. The sand and gravel operation shall comply with all 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, as amended. 30. The property owner or operator shall be responsible for complying with the Operation Standards of Section 246 of the Weld County Zoning Ordinance, as amended. 31. Personnel from the Weld County Health Department and Weld County Planning Department shall be grarted 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 Planning Commission 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 Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. AMUSR 1125 Page 10 DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498' C 1555 N. 17TH AVENUE COLORADO GREELEY, COLORADO 80631 August 3, 2000 Sarah Smith do Rocky Mountain Consultants 825 Delaware Ave Ste 500 Longmont, CO 80501 Subject: AmUSR-1125- Request for a Amendment to a Use by Special Review to expand an existing mining operation on a parcel of land described as E2 SW4 of Section 30 and NE4 NW4 of Section 31, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado. Dear Ms. Smith: 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 September 18, 2000, at 1:30 p.m. This meetir g 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 Greeley and Windsor Planning Commissions for their review and comments. Please call the City of Greeley at 970-350-9780 and the Towr of Windsor at 970-686-7476 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Greeley and Windsor Planning Commission meetings to answer any questions the Commission members may have with respect lo 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 tie Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before tie scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' offce before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. EXHIBIT Respectfully, 1 .5 Chris Gathman Planner FIELD CHECK inspection date: 9/8/00 CASE NUMBER: AMUSR-1125 APPLICANT: HAIL-IRWIN CONSTRUCTION COMPANY LEGAL DESCRIPTION: A PORTION OF SECTIONS 30 & 31, T6N. R66W LOCATION: S of and adjacent to Weld County Road 641/2, W of and adjacent TO Weld County Road 27 Zoning Land Use N A (Agricultural) N Cropland, Single-Family Farmsteads E A (Agricultural) E Single Family residence (adjacent to batch plan-) S A (Agricultural) S Cache la Poudre River W A (Agricultural) W Cropland/Pasture Land COMMENTS: • Little or no screening between batch plant area and single-family residence adjacent to the existing batch plant (adjacent to WCR 27). • No screening between batch plant and WCR 27. * Appears to be immediately adjacent to single-family farmstead to the west (separated by fence). * Site has several existing excavated areas. Chris Gathman, Current Planner Hello