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HomeMy WebLinkAbout960504 INVENTORY OF1TEMS SUBMITTED FOR CONSIDERATION Applicant: Owens Brothers Concrete Company Case Number: USR-1102 Submitted or Prepared Prior to Hearing At Hearing 1. Land-Use Application X 2. Recomendation X 3. Legal Notification X 4. Application X 5. Referral, Longmont Soil Conservation Service, 12-12-95 X 6. Referral, Mountain View Fire Protection, 11-27-95 X 7. Referral, Weld County Public Works, 12-01-95 X 8. Referral, Department of the Army, 12-16-95 X 9. Referral, Environmental Protection Services, 12-08-95 X 10. Referral, Division of Wildlife, 12-12-95 X 11. Referral, Division of Water Resources, 12-21-95 X 12. Referral, Colorado Geological Survey, 1-12-96 X 13. Planning Technician Maps X 14. Surrounding Property Owner Notification X 15. Deed X 16. Soil Survey X 17. Planning Commission Field Check, Maria Koostra X 18. Planning Staff Field Check X 19. Letter from Andy Boden, 12-8-95 X 20 Letter+from Robert O. Nelson, 1-2-96 X 21. Letter from Gilbert Acord X 22. Letter from North American Resources Company, 1-8-96 X 23. Letter from Vessels Oil& Gas Company, 1-23-96 X 960504 INVENTORY OF ITEMS, USR-1102 OWENS BROTHERS CONCRETE CO. PAGE 2 24. Letter from Paul G. Gesso, 1-23-96 X 25. Letter from Thelma Swarts,2-2-96 X 26. Fax from Michael Holland, 2-5-96 X 27. Fax from Michael Holland,2-5-96 X 28. Fax from Michael Holland, 2-5-96 X 29. Letter from Susan Harrison, 1-25-96 X 30. Fax from Paul Gesso, 1-25-96 X 31. Letter from Susan Harrison, 1-29-96 X 32. Letter from J.Timko, 2-6-96 X 33. Air Photo Map X 34. Reclamation Plan Map X 35. Extraction Map X I hereby certify that the 35 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 on February 8, 1 6. Shani L. Eastin, Current nneRJa r� STATE OF COLORADO ) ) COUNTY OF WELD ) yy SUBSCRIBED AND SWORN TO BEFORE ME THIS /3�day of \d�2uh1(tq/Lr�., 19 94. r,t/( 4 Q %SEAL '•pi, c------ 4a ` " /: e Q (-4--_, ,.. O- NOTARY PUBLIC My CgrrtmtSlbn Expires 2 — 4 - 97 960594 LAND-USE APPLICATION SUMMARY SHEET January 29, 1996 CASE NUMBER: USR-1102 NAME: Owen Brothers Concrete Company ADDRESS: 5550 Sheridan Blvd. Arvada, CO 80002 REQUEST: A Site Specific Development Plan and Special Review Permit for a wet sand and gravel mining operation in the A (Agricultural) zone district. LEGAL DESCRIPTION: The W2 of section 32, T3N ,R67W of the 6th P.M., Weld County, Colorado. LOCATION: East of and adjacent to Weld County Road 15; south of and adjacent to Weld County Road 26-3/4. SIZE OF PARCEL: 105 acres, more or less POSSIBLE ISSUES SUMMARIZED FROM THE 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: 1. Weld County Health Department 2. Weld County Public Works Department 3. Division of Water Resources 4. Division of Wildlife 5. Geological Survey 6. Mountain View Fire Protection District 7. US Army Corps of Engineers 8. Longmont Soil Conservation Service r i EXHIBIT 960594 Land-Use Application Summary Sheet Page 2, USR-1102 The Department of Planning Services' staff has not received referral responses from: 1. Central Colorado Water Conservancy District 2. Last Chance Ditch Company 3. Union Pacific Railroad 4. Town of Mead 960594 January 29, 1996 PLANNER: Shani L. Eastin CASE NUMBER: USR-1102 NAME: Owens Brothers Concrete Company ADDRESS: 5550 Sheridan Blvd. Arvada, CO 80002 REQUEST: A Site Specific Development Plan and Special Review Permit for a wet sand and gravel mining operation in the A (Agricultural) zone district. LEGAL DESCRIPTION: The W2 of Section 32, T3N, R67W of the 6th P.M., Weld County, Colorado LOCATION: East of and adjacent to Weld County Road 15; south of and adjacent to Weld County Road 26-3/4. 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. 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 follows: a. This proposal is consistent with the Weld County Comprehensive Plan's Natural Resources, Transportation and Urban Growth Boundary Goals and Policies. The Conditions of Approval and Development Standards will ensure that these goals and policies are met. The Comprehensive Plan encourages the extraction of mineral resources when the mining plan promotes reasonable and orderly development of mineral resources. b. The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review. c. The uses permitted will be compatible with the existing surrounding land uses and with the future development of the surrounding areas as permitted by the Weld County Comprehensive Plan as amended. Surrounding land uses include St. Vrain Creek, pasture, rural residences, and irrigated crops. d. Special Review Permit Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and county. e. Portions of the subject site are in the Flood Hazard Overlay District area. Development Standards and Conditions of Approval address this issue. The Department of Planning of Services' staff has received letters with comments and concerns from surrounding property owners. EXHIBIT 9605A4 2. USR-1102, Owens Brothers Concrete Co. Page 2 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 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 15 days of approval by the Board of County Commissioners. 2. 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. 3. Prior to recording the Use by Special Review plat: a. The applicant shall enter into a Road Maintenance Agreement with Weld County for improvements to the egress/ingress point of the facility, south on Weld County Road 15 to Weld County Road 26, then west to Weld County Road 13. The Road Maintenance Agreement shall be approved by the Board of County Commissioners. b. A dust abatement plan shall be submitted to the Weld County Health Department for review and approval. Evidence of approval of the dust abatement plan by the Health Department shall be provided to the Department of Planning Services. c. A NPDES Permit shall be obtained from the Water Quality Control Division of the Colorado Department of Health for any proposed discharge into State Waterways. d. The applicants shall apply for a Flood Hazard Development permit for any proposed use that lies in the flood plain. e. An Air Pollution Emission Notice (A.P.E.N.) and Emissions permit application shall be submitted to the Air Pollution Control Division, Colorado Department of Health. f. The applicants shall amend the plat to delineate the designated wetlands that exist on the site. The office of the Department of the Army should be contacted prior to any activity in the wetland site. g. As stated in a memo from Don Carroll, Project Coordinator, Weld County Public Works Department, dated November 27, 1995, the applicant shall show on the plat a typical cross section that includes the County Road, borrow ditches, and the setbacks. The applicant shall also indicate the vertical and horizontal slopes to the ponds. The dimensions shall be included on the mylar to verify lengths. 950594 USR-1102, Owens Brothers Concrete Co. Page 3 h. The applicant shall amend the special use permit plat to show the areas of oil and gas interest as stated in a letter dated January 22, 1996, from Susan Harrison, Land Use Planner, AGRA Earth & Environmental, Inc. 960504 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Owens Brothers Concrete Company USR-1102 1. The Site Specific Development plan and Special Review permit is for a 105 acre, more or less, wet sand and gravel Mining operation in the A (Agricultural) zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. The sand and gravel operation shall comply with operation policies identified in Sections 44.4, 44.5 and 44.6 of the Weld County Zoning Ordinance. Any violation of these regulations shall be grounds for cancellation of the permit. 4. Owners and operators of the Special Review permit activity shall maintain compliance with the approved road maintenance agreement with Weld County. 5. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 6. No permanent disposal of wastes shall be permitted at this site. 7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 8. Fugitive dust shall be controlled on this site. 9. 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. 10. Adequate toilet facilities shall be provided on the site. Maintained portable toilets shall be adequate. 11. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. 12. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 13. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 14. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 960594 ` Development Standards Page 2, USR-1102 15. Personnel from the Weld County Health Department 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 hereon and all applicable Weld County Regulations. 16. The Special Review area'shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major 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 and the 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. 17. 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. 960594 ' MEMORANDUM WineTO: Board of County Commissioners March 6, 1996 COLORADO From: Shani L. Eastin, Current Planner SUBJECT: USR-1102, Owens Brothers Concrete Company The Department of Planning Services' staff is requesting that the Board of County Commissioners change condition of approval number 3a to read as follows: 3a. The applicant shall enter into a Road Maintenance Agreement with Weld County for improvements to the egress/ingress point of the facility, south from Weld County Road 15 to Weld County Road 24 approximately 1.25 miles to the nearest paved road. The Road Maintenance Agreement shall be approved by the Board of County Commissioners. 960504 i f 46CriCi MEMORANDUM ViiBe TO: Weld County Planning Commission December 22, 1995 COLORADO From: Shani L. Eastin, Current Planner SUBJECT: USR-1102, Owen Brothers Concrete Co. The Department of Planning Services' staff is requesting that the Weld County Planning continue case number USR-1102 for Owen Brothers Concrete until February 6, 1996. The applicant is requesting this continuance to allow them the opportunity to review the case file referral responses and address any potential problems or correct any misconceptions. 960504 INDUSTRIAL REALTY ASSET MANAGEMENT, LTD. Asa 1 4 f goe Real Estate Services for the Mining and Construction Irtdostry Nationwide tl. December 12, 1995 Shani Eastin Weld County Planning 1400 North 17th Avenue Greeley, Colorado 80631 RE: CASE USR-1102 Owens Brothers Dear Ms. Eastin: As per our phone conversation we are requesting a continuance of the above referenced case from the scheduled Planning Commission meeting of January 4, 1996 to February 6, 1996. The reason for the request is that we wish to have adequate time to go over all referrals with you and be able to respond to and correct any potential problems and then go to the Planning Commission with as "clean" a case as possible. We believe in trying to take care of any potential problems or correcting any misconceptions about a project prior to hearing which we think makes it a much easier process for ourselves, the planning staff, and the Commission. I will call the first week of January to set up a meeting to go over the referral comments. If you have any questions regarding this request or about the proposal, please call.. PAUL G. GESSO 7475 West 5th Ave.,Suite 216 • Lakewood,CO 80226 • Office(303)274-4277 • Home(303)237-1050 • Mobile(303)888-7926 • Fax(303)274-4277 96052 4 Thank you and have a nice holiday. Sincerely, • Paul G. Gesso, MCR Planning Consultant to the Owens Brothers Concrete Company cc: Join and Mike Owens Paul Banks, AGRA FIELD CHECK FILING NUMBER: USR-1102 DATE OF INSPECTION: I //0-V J APPLICANT'S NAME: Owen Brothers Concrete Company CURRENT PLANNER: Shani L. Eastin REQUEST: A Site Specific Development Plan and a Special Review permit for a west sand and gravel mining operation in the A(Agricultural)zone district. LEGAL DESCRIPTION: The W2 of Section 32,T3N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: East of and adjacent to Weld County Road 15; south of and adjacent to Weld County Road 26-3/4. LAND USE: N 1"e{ lk ;r. D+L, z�`to- s E . )7 ck-LA-.x.:e ua F'�� � C�� S S �`(\ �.LV"C (AA VC� u: �. �.1:.t_A\V'P( S _��c�iAc s_asbeer C(\ Qt-.t\A SC me ce2s�� c?.w cvv — ZONING: N A (Agricultural) E A(Agricultural) S A(Agricultural) W A (Agricultural) COMMENTS: p r )U-c\\ ;�S-�i<!.+ ):+_:1, e1/41-:, 1 _ r- .\\f., - ,1 PJv` it-h'-2 �k.-k\-L- A , .,L1 '. RLA1- -rY� \,\\c Pr' I DEC 1 EXHI$IT 9605'34 FIELD CHECK FILING NUMBER: ! DATE OF INSPECTION: / 1 ? - `% APPLICANTS NAME: C ( < I c' if- F— r ,- LAND USE: N l /ri C( ( lt /rr ; ,. , l . / r, . i. ( / E /,t , /r /"/ /tin rt S g ✓i('i W 'Iri rc / )rr ( ;ii{ r'/ i /r L ( 'i7 i UN;<cx. n : <<r (irc< o< ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: i ' ( It ; oi'< ltit J/ (ct /(`ci ( /) -, S/ 1' /}/l / ( ( !; v i c (' / ( l , ) ( < i r ` (' I ( t"-• .`.i i. (< ( /(' ,' 1 / it ✓( ilrrit / A`;7 (-C , !( l . it, Ct ' ' ( < Yr` iP(HH/(i � r � � r 7n 4U ' 1rc'(rd 7h'-tt < Dt CURRENT PLANNER + EXHIBIT 960594 Hello