HomeMy WebLinkAbout981564.tiff INVENTORY OF ITEMS FOR CONSIDERATION
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Applicant: County of Weld Case Number: AmUSR-847
Submitted onPraked
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Priorto' At
Hearing Hearing
1 Planning Commission Resolution
2 Dept. of Planning Services Recommendation (6 pages) X
3 Planning commissioner field check X
4 Letter to applicant X
5 Legal Notification (2 pages) X
6 Application (42 pages) X
7 Referral List & Letter (2 pages) X
8 Union Colony Fire/Rescue Auth. referral response 3/17/98 X
9 West Greeley SCD referral response 3/24/98 X
10 Weld County Health Department referral response 3/20/98 X
11 City of Greeley referral response 4/3/98 X
12 Colorado Geological Survey referral response 4/2/98 X
13 Army Corps of Engineers referral response 4/6/98 X
14 Maps (5 pages) X
15 Deed (5 pages) X
16 Surrounding Property Owners (2 pages) X
17 Soil Survey (6 pages) X
18 Colorado Division of Wildlife referral response 4/20/98 X
1 item submitted at planning commission
EXHIBIT
981564 �'
I hereby certify that the 18 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. ya Otac-Scott Ballstadt + Current Planner
STATE OF COLORADO )
COUNTY OF WELD )
SUBSCRIBED and SWORN TO BEFORE ME THIS day of 19_
SEAL
NOTARY PUBLIC
MY COMMISSION EXPIRES
981564
44)tit, ND USE 1119€. LA APPLICATION
SUMMARY SHEET
COLORADO
Case Number. AmUSR-847 Hearing Date:April 21, 1998
Applicant: Weld County
Address: 915 10th Street
Greeley, Colorado 80631
Request: An Amendment to Site Specific Development Plans and a Special Review
Permits for Open Cut Gravel Mining to combine USR-847 and AmSUP-369 into
one permit, as well as exclude 28.9 acres included in the original permits, all in
the A (Agricultural) zone district.
Legal Description: All that part of the NE1/4 SW1/4 &the NW1/4 SE1/4 & the NE1/4 SE1/4
of Section 31, T6N, R65W of the 6th P.M., Weld County, Colorado
Location: West of and adjacent to 11th Avenue and south of and adjacent to "O" Street
Size of Parcel: 113.6 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 Health Department 3/20/98
• City of Greeley 4/3/98
• Colorado Geological Survey 3/27/98
• Dept. of the Army, Corps of Engineers 4/6/98
• Union Colony Fire/Rescue Authority 3/17/98
• West Greeley Soil Conservation District 3/17/98
The Department of Planning Services' staff has not received responses from the following
agencies:
• Weld County Public Works Department
• Colorado Division of Wildlife
EXHOUT
981364 I a
/$6t4 SPECIAL REVIEW PERMIT
WI`Dc ADMINISTRATIVE REVIEW
COLORADO
PLANNER: Scott Ballstadt
CASE NUMBER: AmUSR-847 HEARING DATE: April 21, 1998
APPLICANT: Weld County
ADDRESS: 915 10th Street
Greeley, Colorado 80631
REQUEST: A Site Specific Development Plan and a Special Review Permit for a An
Amendment to Site Specific Development Plans and Special Review Permits for
Open Cut Gravel Mining to combine USR-847 and AmSUP-369 into one permit, as
well as exclude 28.9 acres included in the original permits, all in the A (Agricultural)
zone district.
LEGAL DESCRIPTION: All that part of the NE1/4 SW1/4 & the NW1/4 SE1/4 & the NE1/4
SE1/4 of Section 31, T6N, R65W of the 6th P.M., Weld County,
Colorado
LOCATION: West of and adjacent to 11th Avenue and south of and adjacent to "O"
Street
SIZE OF PARCEL: 113.6 acres
PARCEL NUMBER: 0803 31 000055
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 Sections
24.7, 44.1, 44.2 and 44.3 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 24.4.2 of the Weld County Zoning Ordinance, as amended, as
follows:
a. Section 24.4.2.1 -- This proposal is consistent with the Weld County Comprehensive
Plan. CM.Goal 2 states, "Promote the reasonable and orderly development of
mineral resources." This proposal encourages the extraction of mineral resources
9S1..564
prior to development of the site. The site is currently being mined under USR-847
and AmSUP-369. A.GOAL 5 also states that the extraction of mineral resources
should preserve or minimize the impact on prime agricultural land. The property is
not currently being farmed and no prime farmland will be taken out of production.
b. Section 24.4.2.2-- This 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 including open pit mining as a Use by
Special Review in the Agricultural zone district.
c. Section 24.4.2.3--The proposed uses will be compatible with existing surrounding
land uses. The site is currently being mined and the surrounding uses include other
mining operations, as well as existing businesses and Weld County offices.
d. Section 24.4.2.4-- The proposed uses will be compatible with future development
of the surrounding area as permitted by the A (Agricultural) zone districts and with
the future development as projected by the Comprehensive Plan or Master Plan of
affected municipalities. The Weld County Comprehensive Plan encourages sand
and gravel mining to occur prior to the development of the property. The City of
Greeley reviewed the proposal and unanimously recommended approval, as well
as recommending that the applicant comply with the City of Greeley Entryway
Master Plan. However, the portion of the property adjacent to Eleventh Avenue has
been annexed to the City of Greeley and the Weld County Public Works Department
no longer has the authority to install such landscaping. The conditions of approval
do require the applicant to submit a landscaping plan to the Department of Planning
Services for review and approval.
e. Section 24.4.2.5 -- Portions of the site are located within the flood plain. The
conditions of approval require that the applicant amend the existing Flood Hazard
Development Permit to reflect the proposed changes to the mining areas and
comply with all FEMA requirements. The proposal is not located within any other
Overlay District Areas identified by maps officially adopted by Weld County.
f. Section 24.4.2.6 -- The applicant has demonstrated a diligent effort to conserve
productive agricultural land. The soils on this site have not been assigned a
classification as to farmland suitability by the USDA Soil Conservation Service and
Colorado State University. Additionally, the site is currently being mined under two
separate special use permits. No prime farm ground will be taken out of production.
g. Section 24.4.2.7--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.
981.564
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 15 days of approval by the Board of County
Commissioners. (Dept. of Planning Services)
2. Prior to recording the plat:
A. A dust abatement plan shall be submitted to the Weld County Health Department
for approval. The facility shall have sufficient equipment available to implement the
dust control as required by the Weld County Health Department. (Health Dept.)
B. The existing Emission Permit shall be amended for the increased operation if the
Colorado Department of Health determines that such a modification represents a
significant change in emissions or production. (Health Dept.)
C. The existing NPDES Permit shall be amended for the increased operation if the
Water Quality Division of the Colorado Department of Public Health and
Environment determines that such a modification represents a significant change
in the discharge. (Health Dept.)
D. In accordance with the Above Ground Storage Tank Regulations (7 CCR 1101-14)
a spillage retention berm shall be constructed around the tank battery. The volume
retained by the spillage berm shall be greater than the volume of the largest tank
inside the berm. Alternative protective measures may be allowed provided they
comply with the Above Ground Storage Tank Regulations. (Health Dept.)
E. If applicable, the applicant shall obtain a storm water discharge permit from the
Colorado Department of Public Health and Environment, Water Quality Control
Division. (Health Dept.)
F. The applicant shall submit a landscaping plan to the Department of Planning
Services for review and approval. The landscaping plan shall address frontage
along H Street and adjacent to the fuel site. The plan shall indicate landscaping
materials and design similar to existing Weld County facilities in the immediate area.
The landscaping plan shall indicate location and species of all plant materials,
planting implementation schedule and landscape maintenance plan. The plat shall
be amended to include the approved landscaping plan. (Dept. of Planning Services)
3. 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. (Dept. of Planning Services)
991..564
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Weld County
AmUSR-847
1. The Amended Site Specific Development Plan and Special Use Permit is for an Open Cut
Gravel Mine in the A (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. (Dept. 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. (Dept. of Planning Services)
3. All liquid and solid wastes shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Health Dept)
4. No permanent disposal of wastes shall be permitted at this site. (Health Dept.)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions. (Health Dept.)
6. Fugitive dust shall be controlled on this site. (Health Dept)
7. The applicant shall remove, handle and stockpile overburden, soil, sand and gravel from
the facility area in a manner that will prevent nuisance conditions. (Health Dept)
8. The operation shall comply with all applicable rules and regulations of the Colorado Division
of Minerals and Geology. (Health Dept.)
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. (Health Dept)
10. The facility shall utilize the existing municipal sewage treatment system. (Health Dept)
11. The facility shall utilize the existing municipal water supply. (Health Dept.)
12. Adequate toilet facilities shall be provided for the employees. (Health Dept)
13. Landscaping shall be maintained at all times. Dead or diseased plant materials shall be
replaced with materials of similar quantity and quality. (Dept. of Planning Services)
14. All construction on the property shall be in accordance with the requirements of the Weld
County Building Code Ordinance. (Building Inspection Dept)
15. The open-cut gravel mining operation shall comply with Sections 44.4 and 44.5 of the Weld
County Zoning Ordinance. (Dept. of Planning Services)
9^1.564
16. All sand and gravel operations shall be conducted during the hours of daylight except in the
case of public or private emergency, or to make necessary repairs to equipment. This
restriction shall not apply to operation of administrative and executive offices or repair
facilities located on the property. (Dept. of Planning Services)
17. Any future construction within the floodplain shall require an amendment to the existing
Flood Hazard Development Permit. The site shall maintain compliance all FEMA
requirements at all times. (Dept. of Planning Services)
18. The Mined Land Reclamation Board has the authority to issue permits for mining and
reclamation activities. Activities related to mining and reclamation are therefore under the
jurisdiction of the Mine Land Reclamation Board. However, Weld County has jurisdiction
of those matters outlined in the Development Standards. (Dept. of Planning Services)
19. 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. (Dept. of
Planning Services)
20. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 44.4 of the Weld County Zoning Ordinance, as amended. (Dept. of
Planning Services)
21. 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. (Dept. of Planning
Services)
22. 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. (Dept. of Planning Services)
23. 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. (Dept.
of Planning Services)
981.564
rali(,e •
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 352-6312
WELD COUNTY ADMINISTRATIVE OFFICES
111k
1400N. 17THAVENUE
GREELEY, COLORADO 80631
COLORADO
March 3, 1998
Weld County Public Works
933 N. 11th Avenue
Greeley, CO 80631
Subject: AmUSR-847 - Request for a An Amendment to Site Specific Development Plans and Special Review
Permit for Open Cut Gravel Mining to combine USR-847 and AmSUP-369 into one permit, as well as
exclude 28.9 acres included in the original permits, all in the A (Agricultural) Zone District, located on
a parcel of land described as all that part of the NE4SW4 and the NW4SE4 and the NE4SE4 of Section 31,
T6N, R65W of the 6th P.M.,Weld County, Colorado.
Dear Applicant:
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 April 21, 1998, at 1:30 p.m. This meeting will take place
in the County Commissioners' Hearing Room, First Floor,Weld County Centennial Center, 915 10th Street, 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 Planning Commission for its review and
comments. Please call City of Greeley at 970-350-9780 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 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.
Respectfully,
5cott Ballstadt
Current Planner
gxmisit
98 564 1 `+
FIELD CHECK
FILING NUMBER:AmU5R-847 DATE OF INSPECTION: 3—a—
APPLICANT'S NAME: Weld County Public Works
CURRENT PLANNER: Scott Ballstadt
REQUEST: An Amendment to Site Specific Development Plans and Special Review Permit for Open Cut Gravel
Mining to combine USR-847 and AmSUP-369 into one permit, as well as exclude 28.9 acres included
in the original permits, all in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: All that part of the NE4SW4 and the NW4SE4 and the NE4SE4 of Section 31, T6N,
R65W of the 6th P.M., Weld County, Colorado.
LOCATION: West of and adjacent to 11 tth Avenue and south of and adjacent to "O" Street
LAND USE: N X61
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ZONING: N A (Agricultural)
L A (Agricultural)
S A (Agricultural)
W A (Agricultural)
COMMENTS:
/4 P.C. Member
Weld County PIarrin„: Dept.
MAR 1 9 1998
RECEIVED d EXHIBIT
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