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Home My WebLink About982588.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Dick Coulson/Al Challenger Case Number AMUSR 672 Submitted or Prepared Prior to At Hearing Hearing 1 Planning Commission Resolution 2 Staff Comments X 3 Department of Planning Services field check form X 4 Letter to Applicant X 5 Legal Notifications X 6 Sign Posting Certificate X 7 Application ( 53 pages) X 8 Referral list X 9 Johnstown Fire Protection District, referral received 9-30-98 X 10 City of Greeley Office of Community Development, referral X received 9-25-98 11 Town of Milliken, referral received 9-4-98 X 12 Larimer County Planning Department, referral received 9-11-98 X 13 Weld County Health Department, referral received 9-21-98, X Sheble McConnellogue 14 Weld County Public Works (2 pages), referral received 9-3-98, X Don Carroll 15 UI.S. Department of the Army, Corps of Engineers (2 pages), X referral received 9-17-98 16 Big Thompson Soil Conservation District, referral received X 9-28-98,John Fusaro 17 Town of Johnstown (2 pages), referral received 10-2-98 X 18 Deed (2 pages) X 19 Surrounding Property Owners Notification (2 pages) X 20 Affidavit for Publication in the Platteville Herald x 21 Kammerzall letter(2 pages)4-25-97 x 22 Kammerzall photos (4 total on two pages) x 23 24 4 EXHIBIT 982588 25 26 27 28 29 30 31 Item submitted at planning commission I hereby certify that the 20 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. Anne Best Johnson Long-Range Planner STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED and SWORN TO BEFORE ME THIS o2/ day of Drtie2 , 19 T. SEAL ...,,Pzrofokyntaw NOTARY PUBLIC MY COMMISSION EXPIRES //5/6700/ SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW COLORADO PLANNER: Anne Best Johnson CASE NUMBER: AmUSR-672 HEARING DATE: October 20, 1998 Applicant: Dick Coulson Surface Owner: Al Challenger Coulson Excavating Address: 3609 North County Road 13 PO Box 448 Loveland Colorado 80538 Evergreen Colorado 80437 Applicant Representative: Shani L. Eastin, TuttleApplegate, Inc. 11990 Grant Street, Suite 304 Denver Colorado 80233 REQUEST: A Site Specific Development Plan and a Special Review Permit for an Amendment to a Site Specific Plan and Special Review Permit (USR 672) for a Sand and Gravel Mining Operation (reduction in the total acreage and changing from wet to dry mining) in the A (Agricultural) Zone District. LEGAL DESCRIPTION: Part of the W2 of Section 29-5-67 LOCATION: South of and adjacent to WCR 54 &west of and adjacent to WCR 15-1/2. SIZE OF PARCEL: 66 acres PARCEL NUMBER: 0957 29 000035 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, 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 and Section 44 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. 982588 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 activities. 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 Town of Johnstown, however the Town did not respond. The Town of Milliken did respond and had no conflict with the application. The City of Greeley did respond and had no conflict with the application. e. Section 24.3.1.5-- The proposal is located within the Flood Hazard Overlay District Areas as identified by FEMA Community Panel #080266 0651C. Conditions of approval and Development Standards address the issue of the floodplain. f. Section 24.3.1.6 -- No prime farmland 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. h. Section 44 Additional requirements for Open Mining have been addressed through this application and the Development Standards will ensure compliance with Section 44 of the Weld County Zoning Ordinance, as amended. 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 Department). 2. 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). 992588 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. The operator/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 Department). D. Bathroom facilities shall be provided for employees. If applicable, a septic system and permit shall be required, or portable toilets may be utilized on sites which are temporary locations of the working face and portable processing equipment, etc. for up to six months at each location. (Health Department). E. The applicant shall apply for the appropriate building permit for the office trailer to be located on the property. Additionally, the plat shall be amended to include the location of the office trailer. (Planning Department). F. WCR 54 is designated on the Transportation Plan Map as a Collector Status road requiring 80 feet of right-of-way at full build out. Presently, there is 60 feet. The applicant shall reserve an additional 10 feet of right-of-way for future build out adjacent to WCR 54. (Public Works Department). G. The applicant shall submit a storm water retention plan to the Weld County Public Works Department. Evidence of Public Works Department approval shall be submitted to the Department of Planning Services. (Public Works Department). H. The applicant and/or owner shall resolve the violation with the Department of the Army, Corps of Engineers in accordance with Section 404 of the Clean Water Act. (Department of the Army, Corps of Engineers). The site rents in the one hundred (100) year floodplain, as indicated on rCM/\ Community Panel #080266 0651C. The applicant shall submit an approved Flood I lazard Development Permit for any structures located within the Flood Plain to the Department of Planning Services. (Planning Department). J. Water will be used at the site for dust control. Water will be applied to haul roads and stockpiles. It is estimated by the applicant's representative that one load from a 3,000-gallon capacity water truck twice a day Monday through Saturday for nine months is required for dust control. This result may alter the consumptive use calculation in the application due to the fact that the water for dust control was noted in the application to take place from Monday through Friday, not including Saturday. Mining operations will take place Monday through Saturday. If any calculation change is warranted, it should be made to appropriate agencies, and amended in appropriate documents. (HealthDepartment, Department of Planning Services). 982588 K. The applicant shall submit a landscaping and screening plan for the topsoil stockpiles located along WCR 54, as pursuant to Section 24.7.3.13 of the Weld County Zoning Ordinance and CM Policy 4.2 of the Weld County Comprehensive Plan. (Planning Department). L. The operator shall submit evidence that he/she is insured to the extent of not less than $100,000.00 against liability for any negligent act or omission by the operator from the operation or maintenance of the sand and gravel pit and the extraction and production of sand and gravel and all activities connected with or incidental thereto, as pursuant to Section 44.4.10 of the Weld County Zoning Ordinance. (Planning Department). M. 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 Department). N. The following notes shall be placed on the final plat: 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 Mined Land Reclamation Board; however, Weld County has jurisdiction of those matters outlined in the Operation Standards. (USR-672:85:11). The operator will maintain the reclaimed mine site until it has been stabilized and vegetation is re-established. (Weld County Comprehensive Plan, CM Policy 5.6). 982588 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS COULSON/AL CHALLENGER FIRST AMENDED USR#672 1. The Site Specific Development Plan and First Amended Special Review Permit is for an Open Sand and Gravel Mine 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. (Planning Department). 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance, as amended. (Planning Department). 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 the cancellation of the Permit. (Planning Department). 4. All operations shall be in conformance with the Weld County Flood Hazard Overlay District Regulations, as follows: A) No fill, berms or stockpiles shall be placed in the one hundred (100) floodplain which would obstruct passage of flood flows (Planning Department). 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. (Planning Department). 5. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Health Department). 6. No permanent disposal of wastes shall be permitted at this site. (Health Department). 7. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Health Department). 8. Fugitive dust shall be controlled on this site. (Health Department). 9. The maximum permissible noise level shall not exceed the industrial limit of 80dB(A), as measured according to 25-12-102, Colorado Revised Statutes. (Health Department). 10. 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 Department). 11. Drinking water shall be supplied at the facility by delivered bottled water for employees. (Health Department). 982588 12. The facility must comply with the rules and regulations of the Colorado Division of Minerals and Geology. (Health Department). 13. The applicant and the Weld County Public Works Department have a Road Improvements Agreement in place for WCR 54. WCR 15.5 is not a portion of the designated route and will not be used for heavy hauling. (Public Works Department). 14. 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 Department). 15. 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 Department). 16. All parking and vehicle storage shall be provided on the site and not permitted within any public right-of-way. (Public Works Department). 18. 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 Department.) 19. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. (Building Inspection). 20. 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 Department). 21. 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 a second 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 and to the Clerk to the Board. (Planning Department). 982588 PLANNING COMMISSION SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS: (/G1-017/r "/ , 19 lit . THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY,THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN WAS PASTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSION HEARING FO)SR- (o7L . THE SIGN WAS POSTED BY: Anne. cJthnsfY) NAME OF PERSON POSTING SIGN SIGNATURE FOR PERS OSTING SIGN STATE OF COLORADO) )ss. COUNTY OF WELD ) //__ �� ` � SUBSCRIBED AND SWORN TO ME THIS ((/`) DAY OF olz'a , 19 4e . &tafl)t I cV W-1,..� NOTARY PUBLIC (� MY COMMISSION EXPIRES: OO/03/4°°d THIS FORM SHALL BE PLACED IN THE APPROPRIATE FILE FOR THE ABOVE CASE. EXIST 9825!38 rial (it( L.°1.-Nr, DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 11 COLORADO September 1, 1998 Al Challenger P.O. Box 448 Evergreen, CO 80437 Subject: AmUSR-672- Request for a Amendment to a Site Specific Development Plan and Use by Special Review Permit(USR-672)for a Sand and Gravel Mining Operation (reduction to the total acreage and changing from wet to dry mining) in the A (Agricultural) zone district, on a parcel of land described as part of the•W2 of Section 29, T5N, R67W 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 October 20, 1998, at 1:30 p.m. This meeting will take place in Room 104, 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, Johnstown, and Milliken Planning Commission for their review and comments. Please call City of Greeley at 970-350-9780, Town of Johnstown at 970-587-4664, and Town of Milliken at 970-587-4331 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 Greeley, Johnstown, and Milliken Planning Commission meetings 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, Mar oh Anne Best Johnson Long Range Planner cc: TuttleApplegate 982583 FIELD CHECK inspection date: q. I I .qt CASE NUMBER: Aryi( 2 U7Z APPLICANT: Ghal I f 1 Jer 1 TufitAtopieffitc LEGAL DESCRIPTION: r+ W2 21 - 5 . (v7 LOCATION: a)(Ifil of and adjacent to Weld County Road 64- WPhi� of aa? WO- -+o w&2 I5t/Z Zoning Land Use N A (Agricultural) N Asti E A (Agricultural) E S A (Agricultural) S W A (Agricultural) W A9 COMMENTS: wcflands ? ftc 44 ZoninVoltnant Koposca 5t-D 'It or- -vpo t I q I WCfl9 — se*tri A bl owt 1r�r�inn, `F/t<svat bloat, fin ' comp plan - A (yc , ocaerly C U Planner s 982589 "---- - Hello