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HomeMy WebLinkAbout981871.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant William & Margaret Kobobel Case Number USR-1194 Submitted or Prepared Prior to At Hearing Hearing 1 Planning Commission Resolution 2 Comments (6 pages) X 3 Staff field check form X 4 Letter to applicant X 5 Legals (2 pages) X 6 Application (56 pages) X 7 Referral list and form (2 pages) X 8 Longmont Soil Conservation District referral 6/12/98 X 9 Weld County Public Works referral 6/18/98 (3 pages) X 10 Weld County Health Department referral 6/18/98(2 pages) X 11 Mountain View Fire District referral 6/10/98 (2 pages) X 12 St.Vrain Valley School District RE-1J referral 6/4/98 X 13 Maps (2 pages) X 14 Deed (2 pages) X 15 Surrounding Property Owners (2 pages) X 16 John Folsom 6/16/98 X 17 St.Vrain Rural Impact Group 6/22/98 (2 pages) X 18 M.D. Hopper 7/6/98 X 1'7 ko'fg" 1/; i /qt5 981871 J EXHIBIT I hereby certify that the 1 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. GA bi(4.4ca Scott Ballstadt @ Current Planner STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED and SWORN TO BEFORE ME THIS ag`m-'day of of 19 7 . SEAL Ol arMu `n ai uP ' NOTARY PUBLIC() MY COMMISSION EXPIRES Oa/C ,1000-- 981871 WIIDc. LAND USE APPLICATION SUMMARY SHEET COLORADO Case Number. USR-1194 Hearing Date: 7/21/98 Applicant William & Margaret Kobobel Address: 7909 Weld County Road 5 Longmont, Colorado 80501 Request: A Site Specific Development Plan and a Special Review Permit for a Sand and Gravel Mining Operation in the A zone district Legal Description: E1/2 NW1/4 of Section 15, T2N, R68W Location: North of and adjacent to WCR 20 'A and approximately 1/4 mile east of WCR 7 Size of Parcel: 80 acres (26 acre USR/mining area) 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 Public Works Department 6/18/98 • Weld County Health Department 6/18/98 • Mountain View Fire Protection District 6/10/98 • Longmont Soil Conservation District 6/12/98 • St. Vrain Valley School District RE-1J 6/4/98 The Department of Planning Services'staff has not received responses from the following agencies: • Town of Firestone • Town of Frederick • US Army Corps of Engineers • Colorado Division of Wildlife • Colorado Minerals and Geology • Colorado Water Conservation Board 1 981871 il/r4r1 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW COLORADO PLANNER: Scott Ballstadt CASE NUMBER: USR-1194 HEARING DATE: 7/21/98 APPLICANT: William & Margaret Kobobel ADDRESS: 7909 Weld County Road 5 Longmont, Colorado 80501 REQUEST: A Site Specific Development Plan and a Special Review Permit for a Sand and Gravel Mining Operation in the A zone district LEGAL DESCRIPTION: E1/2 NW1/4 of Section 15, T2N, R68W LOCATION: North of and adjacent to WCR 20 'A and approximately 1/4 mile east of WCR 7 SIZE OF PARCEL: 80 acres (26 acre USR/mining area) PARCEL NUMBER: 1313 15 000026 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, as amended. CM.Goal 2 states, "Promote the reasonable and orderly development of mineral resources." Additionally, no prime farm land will be taken out of production with this proposal. 2 991871 b. Section 24.3.1.2-- 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 as a Use by Special Review in the A (Agricultural) Zone District. c. Section 24.3.1.3 -- The proposal will be compatible with existing surrounding land uses which include agricultural and commercial activities, as well as other sand and gravel mining operations in the general area. d. Section 24.3.1.4 -- 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. Referral packets were sent to the Towns of Firestone and Frederick, however, neither Town responded. Staff then contacted both Towns by phone. Ed Tagliente, Town of Frederick planning commission indicated that the property is outside the Town's planning area and the Town has no conflict. As of July 13, 1998 the Town of Firestone had no comment. e. Section 24.3.1.5 --The proposal is located within the Mixed Use Development area. MUD Policy 6.12 of the Weld County Comprehensive plan requires all new development to comply with the mineral resource section of the plan which, as stated previously, CM.Goal 2 promotes the reasonable and orderly development of mineral resources. f. Section 24.3.1.6 -- No prime farm land will be taken out of production with this proposal. 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' 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. (Planning Dept.) 2. An individual sewage disposal system is required for the proposed office and shall be installed according to the Weld County Individual Sewage Disposal System regulations. The septic system is required to be designed by a Colorado Registered Professional Engineer 3 991971 according to the Weld County Individual Sewage Disposal System regulations. A vault system would be acceptable. (Health Dept.) 3. Prior to recording the plat: A. The plat shall be amended to delineate the following: 1) The 26-acre USR/mining boundary, within the 80-acre property boundary. 2) A total of 55 feet dedicated right-of-way from the centerline of Weld County Road 7%. (Public Works Dept.) 3) A total of 50 feet dedicated right-of-way from the centerline of Weld County Road 20%. (Public Works Dept.) B. The applicant shall enter into a Road Maintenance Improvements Agreement with the Weld County Public Works Department for upgrading and paving Weld County Road 20%due to heavy hauling. A designated haul route will be established within the Improvements Agreement. (Public Works Dept.) C. The applicant shall submit a Dust Abatement Plan to the Weld County Health Department for review and approval. The facility shall have sufficient equipment available to implement the dust control as required by the Weld County Health Department. Evidence of Health Department approval shall be submitted to the Department of Planning Services. (Health Dept.) D. The applicant shall submit evidence that an Air Pollution Emission Notice (APEN) and Emissions Permit have been obtained from the Air Pollution Control Division, Colorado Department of Health for emissions of criteria, hazardous or odorous air pollutants. Sources of such emissions include but are not limited to the following: sandblasting operations, mining, spray paint booths, dry cleaners, haul road traffic, composting, boiler and incinerators. (Health Dept.) E. The applicant shall submit evidence that an NPDES permit has been obtained from the Water Quality Control Division of the Colorado Department of Health for any proposed discharge into state waterways. (Health Dept.) 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. (Planning Dept.) 4 9.91871 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS USR-1194 Kobobel 1. The Site Specific Development Plan and Special Use Permit is for a Sand and Gravel Mining Operation 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. (Planning Dept.) 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance, as amended. (Planning Dept.) 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. Bottled water shall be supplied for drinking water on the site. (Health Dept.) 11. The operation shall comply with the Mine Safety and Health Act (MSHA). (Health Dept.) 12. The operation shall comply with the Occupational Safety and Health Act (OSHA). (Health Dept.) 13. The applicant shall adhere to legal load limits for any restricted bridges. (Public Works Dept.) 14. Tanks installed for flammable or combustible liquid storage or dispensing, either temporary or permanent, shall be installed in accordance with the requirements of the Uniform Fire Code and plans for the installation must be reviewed by the Fire District prior to installation. (Mountain View Fire Protection District) 15. The applicant shall attempt to comply with all requirements of the Fire District. (Mountain View Fire Protection District) 5 991971 16. 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. (Planning Dept.) 17. 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. (Planning Dept.) 18. 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. (Planning Dept.) 19. 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. (Planning Dept.) 20. 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. (Planning Dept.) 6 g91971 FIELD CHECK inspection date: 7) l O CASE NUMBER: USA. . \ \ctL\ APPLICANT: ra'OL LEGAL DESCRIPTION: LZ o' J'-l' - a-b8 �e/L1fl LOCATION: of and adjacent to Weld County Road Z&/L Zoning Land Use N A (Agricultural) N A&/pickMA,AT,M I PS I NCB E A (Agricultural) E Ri5 f ocx q, egg-)`U/2Z s A (Agricultural) S VA51.Ac2t - o )wPRercMaT5/t"1S &0t4 5aLp 3$ W A (Agricultural) W Q(rSi) aCC to/ AG- duc(6ALDW CSc COMMENTS: • 4 c t CS 4e CAal A5t',( (CM" 1 NtS Er�� ce, q-Ak - 15Ast u of, sriCfd lbaci .) Scott Ballstadt, Planner II — GATTAAs Fa idoi 1 fa-aic7A—ticaws i)Mil ,4LL J& �5t P N (-INC EXEUNT 113 . 9''1971 (.10t DEPARTMENT OF PLANNING SERVICES gJ PHONE (970) 353-6100, EXT.3540 FAX ( 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO May 28, 1998 William and Margaret Kobobel 7909 WCR 5 Longmont, CO 80501 Subject: USR-1194- Request for a Site Specific Development Plan and Special Review Permit for a Sand and Gravel mining operation in the A(Agricultural) zone district on a parcel of land described as E2 NW4 of Section 15, T2N, R68W of the 6th P.M., Weld County, Colorado. Dear Mr. and Mrs. Kobobel: 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 July 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 Firestone and Frederick Planning Commission for their review and comments. Please call Town of Firestone at 303-833-3291 and Town of Frederick at 303-833-2388 for further details regarding the date, time, and place of these meetings. It is recommended that you and/or a representative be in attendance at the Firestone and Frederick 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. Respectfu I I , CoeS Scott Ballstadt EXHIBIT Current Planner 9°1871 pc: Tuttle Applegate Hello