HomeMy WebLinkAbout20001451.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Andesite Rock Company Case Number AmUSR 840
Submitted or Prepared
Prior to At Hearing
Hearing
'; 1 ( Board of County Commissioners Comments
17-I,, 2 '€ Staff Comments ( pages) X
3 1':: Department of Planning Services Field Check Form X
j 4 I' Letter to Applicant X
i, 5! I State of Colorado, Mineral & Geology 112 Permit Notification X
6 '; Legal Notifications (2 pages) X
;!
7 i Application ( 83 pages) X
I 8 I, Referral list X
H-..:..:33
`9' Colorado Division of Wildlife, referral received 3-29-2000 X
, 10 { Weld County Building Inspection, referral received 3-12.2000 X
W1'1 it Planning Commission Field Check-Christie Nicklas, 3-21-2000 X
lI 12 H Weld County Dept. of Public Works, referral received 3-20-2000 X
f
( 13 s West Greeley Soil Conservation Dist, referral received 3-23-2000 X
14 I Dept. of Army, Corps of Engineers, referral received 3-24-2000 X
15 ;: Weld County Department of Public Health & Environment referral X
received 3-24-2000
€ 16 b Colorado Dept. of Transportation, referral received 4-5-2000 X
r-1
17 8 72 X 11 maps submitted by applicant(3 X
j-pp., pages)
II I-1
I 18 II Deed (3 pages) x
j 19 I Surrounding Property Owners, Letter from Janna Lee DePorter, X
I I dated 3-13-2000
- 20; a Surrounding Property Owners ( 10 pages) X
21 II Utilities (2 pages) X
22 `f Soil Survey(5 pages) X
23 ,i Revised Reclamation Plan to Amendment with descriptive text X
4 from Applicant (4 pages) dated May 1, 2000
24, l£ Surrounding Property Owners, Letter from Ross A. DePorter, X
received 5-1.2000
Ij. EXHIBIT
LnuA 2000 1451
SQ Ingo
' 25 Surrounding Property Owners, Letter/ Petition received 5-1-2000 X
5 Memorandum to the Planning Commissioners asking for a X
A Continuance until June 6, 2000 due to a change in application
26 Letter from Applicant to Greg Squire, Division of Minerals and X
EI ai Geology regarding Amendment to Application, received 5-5-2000
27 ;i Weld County Department of Public Health & Environment referral X
i received 5-16-2000
28 i West Greeley Soil Conservation Dist., referral received 5-18-2000 X
1 29 Letter from Applicant regarding Amendment to Application, X
i received 5-22-2000
30 i Weld County Dept. of Public Works, referral received 5-25-2000 X
II 31 :I Letter from Surrounding Property Owner, Dee &Scott X
Boskovich, received 6-6-2000
32 Letter from Surrounding Property Owner, Hazel Slater, received X
ll ! 6-6-2000
133-I Letter from Surrounding Property Owner,Willa Hintergardt, X
received 6-6-2000
34 4 posted notice photo x
35 I video of June 2, 2000 from Mr Burroughs 8mm ( not shown) x
f
The 36 items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Weld County Board of Commissioners hearing.
Kim Ogle PI- n- II
'peter
lURe LAND
SUMM SUMMARY SHEET
COLORADO
Case Number: AmUSR-840 Hearing Date: June 6, 2000
May 2, 2000, Continued
Applicant: Andesite Rock Company
Address: 7321 East 88th Avenue, Suite 200, Henderson, CO 80640
Request: An amendment to a Site Specific Development Plan and a Special Review
Permit for Gravel Mining in the Agricultural Zone District.
Legal Description: E2 E2 of Section 27, Township 11 North, Range 67 West of the 6th
P.M., Weld County, Colorado
Location: South of and adjacent to WCR 126; north of and adjacent to WCR 124; east of
and adjacent to the Union Pacific Railroad track
Size of Parcel: 110 +/- acres
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criterion 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:
• Colorado Division of Wildlife referral, received 3-29-2000
• Weld County Building Inspection referral, received 3-13-2000
• Weld County Department of Public Works referral, received 3-20-2000
• West Greeley Soil Conservation District referral, received 3-23-2000
• Department of the Army, Corps of Engineers referral, received 3-24-2000
• Weld County Department of Public Health and Environment referral, received 3-24-2000
• Colorado Department of Transportation referral, received 4-5-2000
• Weld County Dept. of Public Health and Environment referral, received 5-16-2000
• West Greeley Soil Conservation District referral, received 5-18-2000
• Weld County Department of Public Works referral, received 5-25-2000
EXHIBIT
a
Andesite Rock,AmUSR 840, p. 1
The Department of Planning Services' staff has not received responses from the following
agencies:
• Weld County Emergency Management Office
• Colorado Division of Water Resources
• Colorado Historical Society
• Colorado Water Conservation Commission
• Colorado Division of Mineral and Geology
• Colorado Mined Land Reclamation
Colorado Oil and Gas Conservation Commission
• Central Colorado Water Conservancy District
• Union Pacific Railroad
• Water Court for Water Division 1
• Nunn Fire Protection District
Andesite Rock,AmUSR 840, p. 2
Atar. SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Wipe
COLORADO
PLANNER: Kim Ogle
CASE NUMBER: AmUSR-840 Hearing Date: June 6, 2000
May 2,2000,Continued
APPLICANT: Andesite Rock Company.
ADDRESS: 7321 East 88th Avenue, Suite 200, Henderson, CO 80640
REQUEST: An amendment to a Site Specific Development Plan and a Special Review Permit
for Gravel Mining in the Agricultural Zone District.
LEGAL DESCRIPTION: E2 E2 of Section 27, Township 11 North, Range 67 West of the 6th
P.M., Weld County, Colorado
Location: South of and adjacent to WCR 126; north of and adjacent to WCR 124; east of
and adjacent to the Union Pacific Railroad track
SIZE OF PARCEL: 110 +/- acres
PARCEL NUMBERS: 0201 27 010001, 0201 27 026001, 0201 27 026002, 0201 27 046001, and
0201 27 047001
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 24.3
and Section 44 of the Weld County Zoning Ordinance, as amended.
2. It is the opinion of the Department of Planning Services's 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--This proposal is consistent with the Weld County Comprehensive
Plan, as amended. CM.Goal 2 states, "Promote the reasonable and orderly
development of mineral resources." The proposed use would be compatible with
surrounding properties which include agricultural uses to the east, west and north.
This is an amendment to an existing USR for a gravel mining operation.
b. Section 24.3.1.2--That the proposal is consistent with the intent of the Agricultural
Zone District. Section 31.4.1 of the Weld County Zoning Ordinance provides for
Andesite Rock,AmUSR 840, p. 3
mineral resource development facilities as a Use by Special Review in the
Agricultural Zone District. Further, the Weld County Planning Commission and the
Board of County Commissioners approved USR-840 in August 1988.
c. Section 24.3.1.3--That the proposal will be compatible with the existing surrounding
land uses. Surrounding land uses include agricultural lands with rural residential
developments, 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 24.3.1.4--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 Plan of affected
municipality. The subject parcel is located within one-half (1A) mile of the
unincorporated Town of Carr.
e. Section 24.3.1.5--The site is not located within any Flood Hazard Overlay District
area as delineated on FEMA Panel Map numbers 080266 00025 C and 080266
0175 C.
f. Section 24.3.1.6 --The applicant has demonstrated a diligent effort to conserve
prime agricultural land. The subject site has a limited amount of prime agricultural
land. The parcel is designated as High Potential Dryland and "Irrigated Land (Not
Prime.)" None of the subject parcel is identified as "Prime" agricultural land. The
area has historically been utilized as pasture land and dryland agriculture.
g. Section 24.3.1.7-The Design Standards (Section 24.5 of the Weld County Zoning
Ordinance), 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 the health, safety and welfare of the
inhabitants of the neighborhood and the 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' 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. (Department of Planning)
2. The applicant shall adhere to the Conditions of Approval and Development Standards for
the Special Review Permit under USR-840 and AmUSR-840, as applicable. (Department
of Planning)
3. Prior to recording the plat:
Andesite Rock,AmUSR 840, p.4
A. The applicant shall submit a traffic study for the connections between the
State road system and the County road system. The study shall document
connections between WCR 126.5 and 1-25,WCR 120 and SH 85 and WCR
126 and SH 85 to determine if any improvements are required. (Colorado
Department of Transportation)
B. The applicant shall amend the plat to delineate the extent of the northern
AmUSR boundary is located adjacent to the south right-of-way of WCR 126.
(Department of Planning)
C. The applicant shall enter into a Road Maintenance and Improvements
Agreement for heavy hauling on WCR 126. The applicant shall supply the
type, size, and weight of vehicles that will access the site and how often
these vehicles will use the site. (Department of Public Works)
D. The plat shall be amended to delineate additional right-of-way as noted:
WCR 126 is designated on the Weld County Transportation Plan Map as a
collector status road requiring 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 126 shall be delineated on the plat as right-of-way
reservation for future expansion of Weld County Road 126 . This road is
maintained by Weld County. (Department of Public Works)
E. The applicant shall post adequate collateral and enter into an Improvements
Agreement to include the following:
1. Any required fencing, screening, or landscaping. (Department of
Planning)
2. Any road improvements that are required by CDOT and Weld County
Department of Public Works. (CDOT, Department of Public Works)
F. The existing NPDES Permit must be amended for the increased operation
if the Water Quality Control Division of the Colorado Department of Public
Health and Environment determines that such a modification represents a
significant change to the discharge. Evidence of compliance shall be
submitted to the Department of Public Health and Environment and to the
Department of Planning Services. (Department of Public Health &
Environment, Department of Planning)
G. The existing Emission Permit must be modified for the increased operation
if the Colorado Department of Health and Environment determines that such
a modification represents a significant change in emissions or production.
(Department of Public Health & Environment)
H. A dust abatement plan shall be submitted to the Environmental Health
Services, Weld County Department of Public Health and Environment, for
approval prior to operation. Evidence of approval shall be submitted to the
Department of Planning Services'. (Department of Public Health &
Environment)
Andesite Rock,AmUSR 840, p.5
The applicant shall submit a detailed landscaping and buffering plan
identifying the number, size and species of landscaping materials/buffering
materials to the Department of Planning Services for review and approval.
The plan shall include sufficient buffering and screening between the
proposed use and all existing homes and public rights-of-way. (Department
of Planning)
J. The applicant shall comply with all Federal and State regulations with regards
to endangered and threatened species as mandated by Colorado Division
of Wildlife. The applicant shall submit evidence to the Department of
Planning Services' that the conditions for site development have been met
to the satisfaction of the Colorado Division of Wildlife. (Department of
Planning)
K. The applicant shall abandon the existing septic system according to Weld
County Individual Sewage Disposal Regulations. (Department of Public
Health & Environment)
L. The applicant shall obtain from the Department of Building Inspections a
Demolition Permit for the removal of the original farmstead and outbuildings.
(Departments of Building Inspections, Planning Services)
4. 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)
Andesite Rock,AmUSR 840, p.6
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Andesite Rock Company
AmUSR-840
1. The amended Site Specific Development Plan and Special Use Permit#840, is for Gravel
Mining in the Agricultural Zone District,as indicated in the application materials on file in the
Department of Planning Services and subject to the Development Standards stated hereon.
(Department of Planning)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld
County Zoning Ordinance. (Department of Planning)
3. 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. (Department of Public
Health & Environment)
4. No permanent disposal of wastes shall be permitted at this site. (Department of Public
Health & 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
& Environment)
6. This facility shall adhere to the maximum permissible noise levels allowed in
the Industrial Zone as delineated in 25-12-103 C.R.S.,as amended.(Department
of Public Health & Environment)
7. Adequate toilet facilities shall be provided for the employees. (Department of Public Health
& 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. (Department of Public
Health & Environment)
9. The facility shall utilize bottled drinking water for employees. (Department of Public Health
& Environment)
10. Fugitive dust shall be controlled on this site. (Department of Public Health & Environment)
11. The operation shall comply with the Mine Safety and Health Act (MSHA). (Department of
Public Health & Environment)
12. The operations shall comply with the Occupational Safety and Health Act (OSHA).
(Department of Public Health & Environment)
13. The facility shall operate in accordance with the approved dust abatement plan at all times.
The facility shall have sufficient equipment available to implements the dust control as
Andesite Rock,AmUSR 840, p. 7
required by Weld County Department of Public Health & Environment. (Department of
Public Health & Environment)
14. The site shall maintain compliance with all applicable rules and regulations of the Colorado
Division of Minerals and Geology. (Department of Public Health & Environment)
15. If any work associated with this project required 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 the Army, 404 Clean
Water Act permit. (Department of Planning)
16. Proper building permits shall be obtained prior to any construction, demolition, or
excavation. Part of the permit application process includes a complete plan review.
(Building Inspection)
17. Building permits are required for construction trailers, scale houses, accessory buildings,
etc. (Building Inspection)
18. Electrical permits are required for all electrical work including electrical services for
dewatering pumps, rock crushers, construction trailers, scale houses, site lighting, etc.
(Building Inspection)
19. 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.) (Building Inspection)
20. Site drawings shall be submitted to the Nunn Fire District. (Building Inspection)
21. Additional requirements or changes may be required when building applications or plans
are reviewed by the Weld County Building Inspection Department, the Nunn Fire District,
or other State agencies. (Building Inspection)
22. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly
identify the boundaries of the site. (Department of Planning)
23. All construction on the property shall be in accordance with the Weld County Building Code
Ordinance. (Department of Planning)
24. The landscaping on site shall be maintained in accordance with the approved landscaping
plan. (Department of Planning)
25. As indicated in the application material, hours of operation will be two shifts during daylight
hours, Monday through Saturday. Hours of operation in the winter months (November
through April)will be 7:00 am to 5:00 pm and in the summer months (May through October)
will be 7:00 am to 7:00 pm with limited hours of operation during the summer months.
(Department of Planning)
26. Lighting provided for security and emergency night operation on the site shall be designed
so that the lighting will not adversely affect the surrounding property owners. (Department
Andesite Rock,AmUSR 840, p. 8
of Planning)
27. Existing trees,shrubs and ground cover along public road frontage and drainage ways shall
be preserved, maintained, and supplemented, if necessary, for the depth of the setback in
order to protect against and/or reduce noise, dust and erosion. (Department of Planning)
28. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the
reclaimed areas. (Department of Planning)
29. The sand and gravel operation shall comply with the operation policies identified in Section
44 of the Weld County Zoning Ordinance, as amended.
30. 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.
31. 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.
32. Personnel from the Weld County Department of Public Health & Environment and Weld
County Department of 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.
Andesite Rock,AmUSR 840, p. 9
a AlPR DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX 17T AVENUE
9
1555 N. 17TH AVENUEE GREELEY, COLORADO 80631
C.
COLORADO
March 6, 2000
Banks and Gesso, LLC
c/o Robert Baird
720 Kipling St., Ste 117
Lakewood, CO 80215
Subject: AmUSR-840- Request for a Site Specific Development Plan and Special Use Permit for a Gravel
Mine in the Agricultural Zone on a parcel of land described as E2 E2 of Section 27, Township 11
North, Range 67 West of the 6th P.M., Weld County, Colorado.
Dear Mr. Baird:
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 May 2, 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.
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.
Respectfully,
Kim
Planner
EXHIBIT
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FIELD CHECK
FILING NUMBER: AmUSR-840 DATE OF INSPECTION: ....?-2/- 00
APPLICANT'S NAME: Andesite Rock Company
PLANNER: Kim Ogle
REQUEST: Site Specific Development Plan and Special Use Permit for a Gravel Mine in the Agricultural
Zone.
LEGAL DESCRIPTION: E2 E2 of Section 27, Township 11 North, Range 67 West of the 6th P.M., Weld
County, Colorado.
LOCATION: South of and adjacent to WCR 126; 1/8 mile east of WCR 21.
LAND USE:
N 17ATh rnr�X
E tone l! aukh attirvez
S &4ervict
ZONING: N A (Agricultural)
E A (Agricultural)
S A (Agricultural)
W A (Agricultural)
COMMENTS: elity
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t0e4d aAy pao. ,x- eLY1 ,e490
P.C.C. Member
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j er
FIELD CHECK inspection date: April 7, 2000
CASE NUMBER: AmUSR 840
APPLICANT: Andesite Rock Company
LEGAL DESCRIPTION: E2 E2 Section 27, Township 11 North, Range 67 West of the 6th
PM, Weld County, CO
LOCATION: South of and adjacent to WCR 126; one-half(1/2) mile east of WCR 21
Zoning Land Use
N A (Agricultural) N Mobile Home with outbuildings and land
E A (Agricultural) E Vacant Land
S A (Agricultural) S Existing Gravel Mine (USR 840)
W A (Agricultural) W Rural residential
COMMENTS:
• Electric power on poles, 18 lines east of railroad
Old farmstead with outbuildings in poor condition on amendment site
5-strand barbed wire fence along perimeter of land
Old appliances scattered on site, refrigerator, etc.
Buried Fibre-Optic cable east of RR right-of-way
Buried Water line at extension of WCR 124 access to main processing plant
Two rail line with unregulated crossing labeled "Private" at Section Line WCR 124
Lone Tree Creek traverses the property in the upper northeast corner. Topography in
this area slopes southwest to northeast, with low point at or near bridge on WCR 126.
There is flowing water in creek. Creek at bridge is approximately 10 feet in width.
Upper terrace of site is approximately 10 feet above creek. It is undulating near to creek
and gently rolls away from creek (NE corner) to a gentle level to slightly rolling plain.
Land is vacant.
ii1lYm
Kim Ogle, Plann• r
Beth Salzman, ode Compliance
EXHIBIT
3
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