HomeMy WebLinkAbout20000567 INVENTORY OF ITEMS FOR CONSIDERATION
Applicant L.G. Everist, Inc. Case Number USR-1255
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution Sol IEpeC Exbh;b,f List)
' 2 Staff Comments (10 pages) X
3 Letters from the Applicant(10 pages) X
4 Department of Planning Services field check form X
N 5 Planning Commission field check form X
6 Letter to Applicant X
N 7 Legal Notification X
8 Application (139 pages) X
' 9 Referral List X
10 Referral Letter X
11 City of Fort Lupton referral received 2/15/2000 X
12 Fort Lupton Fire District referral received 1/5/2000 X
13 Weld County Health Dept. referral received 1/18/2000 (2 pages) X
14 Colorado Geological Survey referral received 1/13/2000 X
15 Department of The Army, Corps of Engineers referral received X
1/5/2000
16 Weld Cnty Bldg Inspection, referral received 1/12/2000 (2 pages) X
17 Weld Cnty Public Works, referral received 2/9/2000 (2 pages) X
1/4 18 Maps (2 pages) X
19 Maps submitted by applicant(7 pages) X
20 Deeds (2 pages) X
21 Surrounding Property Owners (8 pages) X
22 Letter from Surrounding Property Owner X
23 Soil Survey (7 pages) X
24 Planning Commission Exhibits (7 pages) X
Item submitted at planning commission
14 exwianT
T 2000-0567
I hereby certify that the 24 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.
P9,t ✓J0r7/11,011
Sheri Lockman ❖ Planner
STATE OF COLORADO )
COUNTY OF WELD )
SUBSCRIBED and SWORN TO BEFORE ME THIS / L
day of I uc wisIcer?
SEAL
NOTARY PUBLIC
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MY COMMISSION EXPIRES Oa- 0.3 a ooh
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WUDc LAND USE
APPLICATION
SUMMARY SHEET
COLORADO
Case Number: USR-1255 Hearing Date: February 15, 2000
Applicant: L.G. Everist, Inc., Ft. Lupton Sand & Gravel Mine
Address: 7321 E. 88th Ave., Henderson, CO 80640
Request: A Site Specific Development Plan and a Use by Special Review Permit for Open
Cut Gravel Mining and Asphalt and Concrete Batch Plants in the (A) Agricultural
zone district.
Legal Description: S2 NW4 Section 30, Township 2 North, Range 66 West of the 6th P.M.,
Weld County, CO.
Location: 1/2 mile south of Weld County Road 18 and '/2 mile west of State Highway 85
Size of Parcel: 85 +/- acres
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 24.3 and Section 44 of the
Weld County Zoning Ordinance.
The Department of Planning Services' staff has received responses from the following agencies:
• Weld County Building Inspection referral received 1/12/2000
• Department of The Army, Corps of Engineers referral 1/5/2000
• Weld County Department of Public Health and Environment referral received 1/18/2000
• Fort Lupton Fire Department referral received 1/5/2000
• Colorado Geological Survey, Department of Natural Resources referral received 1/13/2000
• Weld County Department of Public Works referral received 2/9/2000
Page 1
EJtHB1T
SPECIAL REVIEW PERMIT
(tom ADMINISTRATIVE REVIEW
WUD c
COLORADO
Case Number: USR-1255 Hearing Date: February 15, 2000 1999
Applicant: L.G. Everist, Inc., Ft. Lupton Sand & Gravel Mine
Address: 7321 E. 88th Ave., Henderson, CO 80640
Request: A Site Specific Development Plan and a Use by Special Review Permit for Open
Cut Gravel Mining and Asphalt and Concrete Batch Plants in the (A) Agricultural
zone district.
Legal Description: S2 NW4 Section 30, Township 2 North, Range 66 West of the 6th P.M.,
Weld County, CO.
Location: 1/2 mile south of Weld County Road 18 and 1/2 mile west of State Highway 85
Size of Parcel: 85+/- acres Parcel Number: 1309 30 000004
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 Plan, as amended. CM.Goal 2 states, "Promote the reasonable and
orderly development of mineral resources."
b. Section 24.3.1.2 --That the proposal is consistent with the intent of the A
(Agricultural) Zone District. Section 31.4.1 of the Weld County Zoning Ordinance
provides for mineral resource development facilities as a Use by Special Review in
the A (Agricultural) Zone District.
c. Section 24.3.1.3--That the proposal will be compatible with the existing surrounding
land uses. Surrounding land uses include residential uses to the north and east.
Page 2
Agricultural uses surround the property in the form of cropland and pasture.
Planning Staff concurs that, with the endorsement of the conditions, as provided by
staff, the approval of this use will not jeopardize the health, safety and welfare of the
surrounding property owners.
d. Section 24.31.4—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 subject parcel is located within the 3 mile referral area of the
Town of Fort Lupton. The Town of Fort Lupton did not respond to the referral
request.
e. Section 24.31.5--The entire site is located within the Flood Hazard Overlay District
area as shown on FEMA Panel Map #080266 0868C. 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 355 is being processed by the Weld
County Department of Planning Services at this time.
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 "Other" and
"Irrigated Land (Not Prime)". None of the subject parcel is identified as "Prime"
agricultural land. All of the property is located within the 100 year flood plain thus it
limits the agricultural productiveness of the site. The area has historically been
utilized as pasturland.
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, as amended), 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.
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 on the Special Review Plat prior to recording the plat. The completed plat shall be
delivered to the Department of Planning Services and be ready for recording in the Weld
County Clerk and Recorder's Office within 30 days of approval by the Board of County
Commissioners. (Dept. of Planning)
2. Prior to recording the plat:
A. The applicant shall submit a landscaping plan identifying the number, size and
species of all plant material to the Weld County Planning Department for review and
Page 3
approval. This plan shall include specifications of the proposed berm. The proposed
berm will be extended to mitigate impacts to those homes in the north east corner
as well as the south east corner. Any berm placed in the one hundred (100) year
flood plain of the South Platte River can not obstruct passage of flood flows. The
applicant shall use breaks in the berm with landscaping to fill the void, culverts, or
some other method that will allow water to flow freely. (Dept. of Planning)
B. The applicant shall submit a revised reclamation plan to the Weld County
Department of Planning Services for review and approval. The final ponds shall be
reconfigured to obtain a more natural and free flowing appearance for the future
residents of the area. (Dept. of Planning)
C. The Environmental Health Services Division was unable to locate septic permits for
the septic systems serving the existing employees. If these houses are occupied,
the systems will require an I.S.D.S. Evaluation prior to the issuance of the required
septic permits(s). The review shall consist of observation of the system and an
evaluation of the systems ability to handle the proposed hydraulic load. In the event
the system(s) is found to be inadequate, the system(s) must be brought into
compliance with current Individual Sewage Disposal System regulations. (Dept. of
Public Health and Environment)
D. If the systems are used for employees for the proposed use, the septic system(s)
shall be reviewed by a Colorado Registered Professional Engineer. The review shall
consist of observation of the system and a technical review describing the systems
ability to handle the proposed hydraulic load. The review shall be submitted to the
Environmental Health Services Division of the Weld County Department of Public
Health and Environment. In the event the system is found to be inadequately sized
or constructed, the system shall be brought into compliance with current
regulations. (Dept. of Public Health and Environment)
E. The applicant shall submit a copy of an agreement with the property's mineral
owners stipulating that the oil and gas activities have adequately been incorporated
into the design of the site or that the applicant has made reasonable
accommodations. (Dept. of Planning)
F. The applicant shall submit an NPDES Permit to the Water Quality Control Division
of the Colorado Department of Health for proposed discharge into State Waterways
and stormwater discharge. Evidence of approval shall be submitted to the Weld
County Department of Planning. (Dept. of Public Health and Environment)
G. An Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit shall be obtained
from the Air Pollution Control Division, Colorado Department of Public Health and
Environment for emissions from the mining operations. The site shall operate in
accordance with all applicable rules and regulations of the Air Pollution Control
Division. (Dept. of Public Health and Environment)
H. A dust abatement plan shall be submitted to Environmental Health Services, Weld
Page 4
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)
The applicant shall provide evidence to the Department of Planning Services that all
requirements of the Colorado Geological Survey have been complied with as stated
in a referral received January 13, 2000. 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)
J. The applicant shall submit a signed copy of an agreement with the Lupton Bottom
Ditch Company regarding the relocation of the ditch. (Dept. of Planning)
K. The applicant shall submit a traffic impact study to the Weld County Department of
Public Works for review. All new residential development with an expected
ADT>200 and all new commercial developments will be required to submit a traffic
study as part of the review process. This 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.
L. The applicant shall enter into a Road Maintenance and Improvements Agreement
with Weld County Department of Public Works for the designated haul route as they
are impacting the county road system. This route may affect US Highway 85 so the
Colorado Department of Transportation will review the Traffic Impact Study and
determine upgrades or improvements needed to utilize the intersection at US
Highway 85 and Weld County Road 18.
M. The plat shall be amended to include the temporary access road which shall be a
minimum of 30 feet wide. The applicant is indicating a paved approach with a
minimum width of 24 feet to accommodate two-way traffic and a 40-foot turning
radius. The length of the paved approach shall be a minimum of 100 feet. The gate
shall be recessed the length of a semi tractor trailer. No staging or parking will be
allowed on Weld County Road 18. The traffic study will determine if accel-decel or
left turn lanes shall be required at this location. The remaining portion of the access
road will be chemically treated for dust suppressant as determined by the Health
Department or the Public Works Department. The existing access is being used to
accommodate a house and outbuildings which are not shown on the reclamation
plan. Additional information regarding the access easement shall be submitted to
the Weld County Department of Public Works. If the applicant plans to use the
existing easement to access the property or has plans to utilize the temporary
access road. If the new road is used, this creates a parcel split. Evidence of Weld
County Department of Public Works approval shall be submitted to the Weld County
Department of Planning Services. (Dept. of Public Works)
3. The Special Review activity shall not occur nor shall any building or electrical permits be
Page 5
issued on the property until the Special Review plat is ready to be recorded in the office of
the Weld County Clerk and Recorder. (Dept. of Planning)
Page 6
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
L.G. Everist - Ft. Lupton Sand & Gravel Mine
USR-1255
1. The Site Specific Development Plan and Use by Special Review Permit#1255 is for Open
Cut Gravel Mining and Asphalt 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
Regulations including:
a. No fill, berms, or stockpiles shall be placed in the one hundred (100) year flood plain
of the St. Vrain 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.R.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 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 of 80 dB(A), as
measured according to 25-12-102, Colorado Revised Statutes. (Dept. of Public Health and
Environment)
8. Adequate toilet facilities shall be provided for the employees. (Dept. of Public Health and
Environment)
9. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from
the facility area in a manner that will prevent nuisance conditions. (Dept. of Public Health
Page 7
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. An individual sewage disposal system for the proposed office facility shall be installed
according to the Weld County Individual Sewage Disposal Regulations. The septic system
is required to be designed by a Colorado Registered Professional Engineer according to
the Weld County Individual Sewage Disposal Regulations. (Dept. of Public Health and
Environment)
12. The facility shall utilize bottled drinking water for employees. (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 obtain a Department of Army, 404 Clean Water
Act permit.(Dept. of Planning)
15. Fugitive dust shall be controlled on the site. (Dept. of Public Health and Environment)
16. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly
identify the boundaries of the site. (Dept. of Planning)
17. The operation shall comply with the Occupational Safety and Health Act (OSHA). (Dept. of
Public Health and Environment)
18. The operation shall comply with the Mine Safety and Health Act (MSHA). (Dept. of Public
Health and Environment)
19. The facility shall operate in accordance with the approved dust abatement plan at all times.
The facility shall have sufficient equipment available to implement the dust control as
required by the Weld County Health Dept. (Dept. of Public Health and Environment)
20. 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)
21. Permits are required for all electrical work including electrical services for dewatering
pumps, rock crushers, construction trailers, site lighting, etc. (Dept. of Building Inspection)
22. 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
Page 8
regulations or requirements.) (Dept. of Building Inspection)
23. Drawings for any building or related projects shall be submitted to the appropriate fire
district. (Dept. of Building Inspection)
24. 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)
25. 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)
26. All fuel tanks, septic tanks, temporary buildings or any other hazardous items that may
wash away during flooding, shall be securely anchored and adequately flood-proofed to
avoid creation of a flood hazard. (Dept. of Planning)
27. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the
reclaimed areas.(Dept. of Planning)
28. 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)
29. At the completion of mining the access road shall be restored to its existing state and be
reseeded, eliminating multiple accesses onto the Weld County collector status system.
(Dept. of Public Works)
30. The sand and gravel operation shall comply with all operation policies identified in Section
44 of the Weld County Zoning Ordinance.
31. 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.
32. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance, as amended.
33. Personnel from the Weld County Health Department and Weld County Planning
Department 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.
34. 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.
Page 9
35. 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.
Page 10
FIELD CHECK
FILING NUMBER: USR-1255 DATE OF INSPECTION: I ' : a)
APPLICANT'S NAME: L. G. Everist - Ft. Lupton Sand & Gravel Mine
PLANNER: Eric Jerman
REQUEST: Special Use Application for a Use by Special Review Permit for a Gravel Mining Operation and
Processing Batch Plant.
LEGAL DESCRIPTION: Part of the NW4 of Section 30 Township 2 North, Range 66 West of the 6th P.M.,
Weld County, Colorado.
LOCATION: Approximately 1/4 mile south of WCR 18 and approximately 1 mile west of SH 85.
LAND USE:
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ZONING: N A(Agricultural)
E A(Agricultural)
S A(Agricultural)
W A(Agricultural)
COMMENTS:
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P 1TN5✓t- L i N`-b tvt n C-'t' t C.YL SS P tar( A vna+ TO Sou7il
P.C. Member
id County Planning Dept..
,IAN 18 2000
o ; rFIVED
d DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-61 00, E6498
FAX X (9(970) 304-6498
1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
C.
COLORADO
December 29, 1999
L.G. Everist
do Robert Laird
720 Kipling St., Suite 117
Lakewood, CO 80215
Subject: USR-1255 - Request for a Special Use Application for a Use by Special Review Permit for a
Gravel Mining Operation and Processing Batch Plant on a parcel of land described as Part of the
NW4 of Section 30 Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado.
Dear Mr. Laird:
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 February 15, 2000, at 1:30 p.m. This meeting will
take place in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado. It is
recommended that you and/or a representative be in attendance to answer any questions the Planning
Commission members may have.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the
property or if the property is located within the comprehensive planning area of a town or municipality.
Therefore,our office has forwarded a copy of the submitted materials to the Fort Lupton Planning Commission
for its review and comments. Please call the City of Fort Lupton at 970-346-0326 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 Fort Lupton Planning Commission meeting 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.
RespectfullyEXHIBIT
Eric Jerman I C>
Planner
FIELD CHECK inspection date: 1/20/2000
CASE NUMBER: USR-1255
APPLICANT: L.G. Everist, Inc., Fort Lupton Sand & Gravel Mine
LEGAL DESCRIPTION: Part NW4 of Section 30, T2N, R66W of the 6th P.M., Weld
County, CO
LOCATION: Approximately 1/4 mile south of Weld County Road 18 and 1 mile west of
State Highway 85
Zoning Land Use
N A (Agricultural) N Agricultural / Residential
E A (Agricultural) E Agricultural
S A (Agricultural) S Agricultural
W A (Agricultural) W Agricultural
COMMENTS: No trees are located on the site except a few near the
existing homes. Two oil pumps and an irrigation ditch are on the parcel. To
the north of the parcel are approximately 8 homes.
/P '7zi
at /7avgiliteli
Sheri Lockman, Planner
EXIIIDI't
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