Loading...
HomeMy WebLinkAbout20002269.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Hall-Irwin Construction Company Case Number AmUSR-927 Submitted or Prepared Prior to At Hearing Hearing 1 Board of County Commissioners Comments 2 Staff Comments ( 8 pages) X 3 Letter to Applicant X 4 Department of Planning Services field check form X 5 Legal Notifications (2 pages) X 6 Application ( 85 pages) X 7 Referral list X 8 Weld County Zoning Compliance referral received 8-3-2000 X 9 Colorado Water Conservation Board referral received 8-9-2000 X 10 West Greeley Soil Conservation District referral received 8-7- X 2000 11 Department of the Army, Corps of Engineers referral received 8- X 8-2000 _ 12 Windsor/Severance Fire Protection District referral received 8- X 17-2000 13 Weld County Department of Public Health & Environment X referral received 8-14-2000 14 State of Colorado, Division of Water Resources referral received X 8-24-2000 15 City of Greeley, Office of Community Development referral X received 8-25-2000 16 Weld County Department of Public Works referral received 8-04- X 2000 17 8 1/2 X 11 maps submitted by applicant (4 pages) X 18 Deed ( 9 pages) X 19 Surrounding Property Owners ( 13 pages) X 20 Letter dated August 21, 2000 from SPO Tollgate Farms, Inc. X 21 Soil Survey (8 pages) X 22 Utilities (6 pages) X 23 Sign Notification of Hearing September 5, 2000 _ X 2000-2269 I hereby certify that the 23 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Weld County Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office. Kim Ogle ❖ PI nner II citv,;„ 06 ,( 1.„\ inipc LAND USE APPLICATION SUMMARY SHEET COLORADO Case Number: AmUSR-927 Hearing Date: September 05, 2000 Applicant: Hall-Irwin Construction Company Address: do Jeff Gregg, 3026 Fourth Avenue, Greeley, CO 80631 Request: An Amendment to a Site Specific Development Plan and a Special Review Permit for a Gravel Mining Operation in the Agricultural Zone District Legal Description: Part of the NE4 SE4and part of the SE4 NE4 of Section 31, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado Location: North of and adjacent to WCR 62.25; West of and adjacent to WCR 27 (83rd Av) Size of Parcel: 64 +/- acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received responses from the following agencies: Weld County Department of Public Health & Environment referral received 8-14-2000 • Weld County Department of Public Works referral received 8-25-2000 • Weld County Code Enforcement referral received 8-3-2000 • Colorado Water Conservation Board referral received 8-9-2000 US Army Corps of Engineers referral received 8-8-2000 • West Greeley Soil Conservation District referral received 8-7-2000 • City of Greeley referral received 8-25-2000 • Colorado Division of Water Resources referral received 8-24-2000 bil PRELIMINARY -- AmUSR 927,Page 1 The Department of Planning Services' has not received the following referrals: • Colorado Oil and Gas Conservation Commission referral received • Colorado Division of Wildlife referral received • Colorado Division of Minerals and Geology referral received • Windsor/Severance Fire Protection District referral received • Central Water Conservancy District referral received PRELIMINARY -- AmUSR 927,Page 2 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW COLORADO PLANNER: Kim Ogle CASE NUMBER: AmUSR-927 HEARING DATE: September 5 2000 APPLICANT: Hall-Irwin Construction Company ADDRESS: do Jeff Gregg, 3026 Fourth Avenue, Greeley, CO 80631 REQUEST: An Amendment to a Site Specific Development Plan and a Special Review Permit for a Gravel Mining Operation in the Agricultural Zone District LEGAL DESCRIPTION: Part of the NE4 SE4and part of the SE4 NE4 of Section 31, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado LOCATION: North of and adjacent to WCR 62.25; West of and adjacent to WCR 27 (83' Av) SIZE OF PARCEL: 64 acres PARCEL NUMBER: 0805 31 000058 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 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. The intent of this proposal is to amend out sixteen (16) acres more or less that has not been utilized by the existing Gravel Mining Operation. CM Goal 2 states, "Promote the reasonable and orderly development of mineral resoutces b. Section 24.3.1.2 --That the proposal is consistent with the intent of the district in which the USE is located. Section 31.4.1 of the Weld County Zoning Ordinance PRELIMINARY --- ArnUSF2 927,Page 3 provides for mineral resource development facilities as a Use by Special Review in the A (Agricultural) zone district. Further, the Weld County Planning Commission and the Board of County Commissioners approved USR 927 on February 27, 1991. c. Section 24.3.1.3--That the USES which would be permitted will be compatible with the existing surrounding land USES. Surrounding land uses include agricultural lands with rural residential development, gravel pits and a mining operation, the Cache La Poudre River to the north, a second asphalt and concrete batch plant to the northeast, and bottom land to the southeast. The Poudre River trail traverses the amended parcel north of WCR 62.25. 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 uses which would 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 the comprehensive plan or master plans of affected municipalities. The subject parcel is located within the City of Greeley's Long Range Expected Growth Area (LREGA), and is also directly adjacent to the City's municipal boundaries. The City of Greeley has reviewed this application and finds the proposed use complies with the policies and intent of the City of Greeley's Long Range Expected Growth Area Plan and the City of Greeley's Comprehensive Plan. e. Section 24.3.1.5---A majority of the site is located within the Flood Hazard Overlay District area as shown on FEMA Panel Map numbers 080266 0609 D. 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 the County flood hazard regulations...." 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. A majority of the property lies within the one hundred (100) year flood plain that limits the agricultural productiveness of the site. Further, the site is an active gravel mining operation (USR 927). 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 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'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 PRELIMINARY —. AmUSR 927.Page 4 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 Services) 2. The applicant shall adhere to the Conditions of Approval and Development Standards for the Special Review Permit under USR 927 and AmUSR 927, as applicable. (Department 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 on the Cache La Poudre River that would obstruct passage of flood waters. (Department 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. (Department of Planning) 4. Prior to recording the plat: A. Any existing NPDES Permit shall be appropriately amended by the Water Quality Control Division of the Colorado Department of Health. (Health Department). B. Any existing emission permit shall be amended from the Air Pollution Control Division of the Colorado Department of Public Health for emissions from the mining operations. If the Colorado Department of Health determines the operation does not require a modification to the existing Emission Permit,the applicant shall submit information to the Department of Planning Services which indicates this. The site shall operate in accordance with all applicable rules and regulations of the Air Pollution Control Division. (Health Department). C. A complete traffic impact study is required for all new gravel pits. Since this pit is within two (2) miles of a state highway, this study must be acceptable to the Colorado Department of Transportation Traffic Section. This study is underway and will be submitted to CDOT by September 1, 2000. Evidence of compliance with CDOTs requirements shall be submitted to the Department of Planning Services for review and approval. 5. The Plat shall be amended to delineate the following: A. Weld County Road 27 is designated on the Weld County Transportation Plan Map as an Arterial road, which requires one hundred (100) feet of right-of-way at full build out. The City of Greeley has designated this road as a Major Arterial requiring one hundred fifty (150) feet of right-of-way at full build out. There is presently sixty (60)feet of right-of-way.A total of seventy-five (75)feet from the centerline of Weld County Road 27 shall be delineated on the plat as right-of-way reservation for future expansion of Weld County Road 27. This road is maintained by Weld County. PRELIMINARY --• AmUSR 9}7.Page 5 B. Weld County Road 62.25 is designated on the Weld County Transportatior Plan Map as a local gravel road, which requires sixty (60) feet of right-of-way at full build out. The City of Greeley has designated this road as a Major Collector requiring eighty (80) feet of right-of-way at full build out. There is presently sixty (60) feet of right-of-way. A total of forty (40) feet from the centerline of Weld County Road 62.25 shall be delineated on the plat as right-of-way reservation for future expansion of Weld County Road 62.25. This road is maintained by Weld County. PRELIMINARY -- AmUSR 927,Page 6 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Hall Irwin Construction Company AmUSR 927 1. The amended Site Specific Development Plan and Special Use Permit is for a Gravel Mining Operation 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 Services) 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance, as amended. (Department of Planning Services) 3. The open-pit gravel operation shall comply with the operation policies identified in Section 44.4 of the Weld County Zoning Ordinance. Any violation of these regulations shall be grounds for cancellation of the permit. (Department of Planning Services) 4. All liquid and solid wastes, shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health & Environment) 5. Required Emissions Permit is obtained from the Air Pollution Control Division, Caorado Department of Public health for fugitive dust and odors. (Department of Planning Services) 6. No permanent disposal of wastes shall be permitted at this site. (Department of Public Health & Environment) 7. The septic system for the proposed office is required to be designed by a Caorado Registered profession Engineer according to the Weld County Individual Sewage Disposal Regulations (I.S.D.S.). (Department of Public Health & Environment) 8. An I.S.D.S. evaluation on all existing septic systems will be necessary prior to issuing the required septic permits on the existing systems. (Department of Public Health & Environment) 9. All 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) 10. Fugitive dust shall be controlled on this site. (Department of Public Health &Environment) 11. Required NPDES Permit shall be obtained from the Water Quality Control Division of the Colorado Division of Health, and/or amended if appropriate for the [decrease] in operation. (Department of Public Health & Environment) 12. The Division requires that this facility provide restrooms and/or vaulted toilets. Portable toilets are not acceptable under the Weld county Regulations. (Department of Public Health & Environment) PRELIMINARY -- AmUSR 927. Page 7 13. The maximum permissible noise level shall not exceed the Industrial limit as measured according to 25-12-103, Colorado Revised Statutes. (Department of Public Health & Environment) 14. All construction on the property shall be in accordance with the Weld County Building Code Ordinance. (Department of Planning Services) 15. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 16. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 17. 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. 18. 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 approves 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. 19 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. PRELIMINARY -- AmUSR 927,Page B (it ,--..„. OF PLANNING SERVICES �IlDDEPARTMENT�. PHONE (970) 353-6100, E.XT.3540 FAX (9(970) 304-04-6498 1555 N. 17TH AVENUE COLORADO GREELEY, COLORADO 30631 July 25, 2000 Hall-Irwin Construction Co. 3026 4'h Ave Greeley, CO 80631 Subject: AmUSR-927- Request for a Site Specific Development Plan and Special Review Perm t for a Gravel Mining Operation in the Agricultural Zone District on a parcel of land described as Part of the NE4 SE4 and SE4 NE4 of Section 31, Township 6 North, Range 66 West of the 6th P.M Weld County, Colorado. Dear Hall-Irwin Construction Co.: Your application and related materials for the request described above are being processed. I have schedu.ed a meeting with the Weld County Planning Commission for September 5, 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 he 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 Planning Commission for their review and comments. Please call the City of Greeley at 970-350-9780 for further details -ecarding the date,time,and place of this meeting. It is recommended that you and/or a representative be in attendance at the Greeley 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-or-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) 'lours 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, I^ EXHIBIT Kim Og Planner ` 77 EXHIBIT FIELD CHECK inspection date: August 25, 2000 CASE NUMBER: AmUSR 927 APPLICANT: Hall Irwin Construction Company LEGAL DESCRIPTION: Part of the NE4 SE4 and SE4 NE4 Section 31, Township 6 North, Range 66 West of the 6th PM, Weld County, CO LOCATION: North of and adjacent to WCR 62.25; West of and adjacent to WCR 27 Zoning Land Use N A (Agricultural) N Hall Irwin Gravel Mining Operation E A (Agricultural) E Bottomland (Camas Colorado AmUSR 897) S A (Agricultural) S Pastureland and Rural Residences W A (Agricultural) W Hall Irwin Gravel Mining Operation COMMENTS: • WCR 62.25 is a two lane gravel road WCR 27 is a two lane paved road, direct access to SH 34 by-pass Site is in flood plain. Numerous piles of earth fill dot the property. (Applicant has applied for a Flood Hazard Permit, FHDP 365) A foundation is constructed in the mid-section of site The Poudre Trail (five foot wide concrete sidewalk) flanks the southern line Bottomland vegetation and riparian edge vegetation in area nearest the river The site sits low relative to both roads. Kim Og1 , Planner - 4 1 4 Hello