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HomeMy WebLinkAbout982547.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Dacotah Cement Case Number USR-1200 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 Photographs of site(8 pages) X 6 Legals X 7 Application (13 pages) X 8 Referral list X 9 Referral Letter X 10 Weld County School District RE-3J referral 10/1/98 X 11 Town of Keenesburg referral 9/25/98(2 pages) X 12 Weld County Health Department Referral 10/5/98 X 13 Weld County Public Works referral 10/10/98 X 14 Maps (7 pages) X 15 Deed (2 pages) X 16 Surrounding Property Owners(6 pages) X 17 Soils Report(5 pages) X 18 site plat w/dual domes X 19 denver silo 3 pictures X 20 irondale silo3 pictures X 20 items submitted may-r a ' n ,, 982547 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. LA 13(1-e-C"inn Ben Patton 4. Planner STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED and SWORN TO BEFORE ME THIS (/1 1 day of 0 Ci W V VC. 19 (N SEAL M `9/0riCr/Il nt art NOTARY PUBLIC MY COMMISSION EXPIRES 7/5/9)00/ '"Re. COLORADO SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Case Number. USR-1200 Hearing Date: October 20, 1998 Applicant: Dacotah Cement Address: PO Box 360 Rapid City, South Dakota Request: A Site Specific Development Plan and a Special Review Permit for a Cement Transfer Facility Legal Description: Pt. N2 of Section 25, Township 2 North, Range 64 West of the 6th P.M. Location: East of and adjacent to WCR 59, south of and adjacent to WCR 18 extended Size of Parcel:31.468 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: • Town of Keenesburg (9/25/98) • Weld County Health Department (10/5/98) • Weld County School District RE-3J (10/1/98) • Weld County Public Works Department (10/9/98) The Department of Planning Services' staff has not received responses from the following agencies: • Southeast Weld Fire District F-16 • Southeast Weld Soil Conservation District (I EXHIBIT te,; fit 11k COLORADO SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW PLANNER: Ben Patton CASE NUMBER: USR-1200 HEARING DATE: October 20, 1998 APPLICANT: Dacotah Cement ADDRESS: PO Box 360 Rapid City, South Dakota REQUEST: A Site Specific Development Plan and a Special Review Permit for a Cement Transfer Facility LEGAL DESCRIPTION: Pt. N2 of Section 25, Township 2 North, Range 64 West of the 6th P.M. LOCATION: East of and adjacent to WCR 59, south of and adjacent to WCR 18 extended SIZE OF PARCEL: 31.468 acres PARCEL NUMBER: 1305 25 000009 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. 1. A. Goal 1 reads, "Preserve Prime farmland for agricultural purposes which foster the economic health and continuance of agriculture". The unutilized portion of the USR property will remain in agricultural uses. 2. A. Goal 2 states, "Allow Commercial and Industrial uses which are directly related to or dependent upon agriculture to locate within Agricultural zoning when the impact to surrounding properties is minimal, and where adequate services and infrastructure are available." Contrete, and its constituent cement, are necessary to the farming industry. Water, sewer, and transportation services are available to the site. 3. A. Goal 3 states, "Discourage residential, commercial, and industrial development which is not located adjacent to existing incorporated municipalities. The subject property is adjacent to the Town of Keenesburg, and is within its Urban Growth Boundary. 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 industrial 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. Currently, surrounding properties include agricultural open space and industrial uses. The Town of Keenesburg has recently annexed 25 acres approximately 1/4 mile to the south of the proposed transfer facility which will eventually be developed as a school. e. Section 24.3.1.5-- The proposal is not located within the Overlay District Areas identified by maps officially adopted by Weld County. f. Section 24.3.1.6-- The applicant has demonstrated a diligent effort to conserve productive agricultural land. The subject property is designated as"Prime" farmland by the USDA. The portion of the property not used in the Cement Transfer Facility will remain in farming production. 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. Prior to recording the plat: A. The applicant shall enter into a Road Maintenance Improvements Agreement with the Weld County Public Works Department for upgrading and paving 1000 feet of Weld County Road 59, due to anticipated heavy hauling. The applicant shall refer to Section 10 of the Weld County Subdivision Ordinance, which addresses Geometric Design Standards for roads. A cross-section of the proposed improvements shall be placed on the plat. A designated haul route will be established within the Improvements Agreement. (Public Works) B. The applicant shall submit a parking plan to the Department of Planning Services for review. Upon approval, the parking area shall be delineated on the plat. (Planning Dept.) C. The applicant shall submit a landscaping plan to the Department of Planning Services for review. Upon approval the landscaped areas shall be delineated on the plat. (Planning Dept.) D. The applicant shall submit a Dust Abatement Plan to the Weld County Health Department for review and approval (Health Dept.) 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. (Planning Dept.) SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS 1. The Site Specific Development Plan and Special Use Permit is for a Cement Transfer Facility 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. An Air Pollution Emission Notice (A.P.E.N.) And Emissions Permit application must be submitted to the Air Pollution Control Division, Colorado Department of Public Health and Environment. A copy of the application shall be submitted to the Weld County Health Department. (Health Dept.) 8. 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.) 9. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A), as measured according to 25-12-102, Colorado Revised Statutes. (Health Dept.) 10. An individual septic disposal system is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. (Health Dept.) 11. Adequate toilet facilities shall be provided for employees and visitors of the site. (Health Dept.) 12. The applicant shall apply for a well permit through the Colorado Department of Public Health and Environment, Water Resource Division. If this well serves 25 or more people, the water system shall comply with the requirements for a community water system as defined in the Primary Drinking Water Regulations (5 CCR-1003-1). (Health Dept.) 13. If necessary, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health and Environment, Water Quality Control Division. (Health Dept.) 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 Dept.) 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 Dept.) 16. 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.) 17. 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.) 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 Dept.) FIELD CHECK inspection date: October 8, 1998 CASE NUMBER: USR-1200 APPLICANT: Dacotah Cement LEGAL DESCRIPTION: Part of the North 1 of Section 25, Township 2, Range 64 West of the 6th P.M. LOCATION: East of and adjacent to WCR 59; North of and adjacent to WCR 398 Zoning Land Use N A (Agricultural) N Open Space E A(Agricultural) E Open Space S A(Agricultural)/I-3 S Open Space/Industrial buildings W A (Agricultural) W Open Space COMMENTS: WCR 398 and Burlington Norther RR bound site on the south, surrounding uses include open space primarily, and several other buildings to the SW that are zoned I-3. Site itself is very flat and has been farmed--appears to be picked corn. Roads on West, and South (WCR 59 and 398, respectively) are two-lane county roads and are in decent shape. The RR crossing on WCR 59 is fairly rough. No zoning violations on site. No obvious drainage concerns. Ll DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 (9 FAX (970) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400.N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO September 14, 1998 Adco Consulting do Robert Fleming 2090 E. 104th Ave., #305 Thornton, CO 80233 Subject: USR-1200- Request for a Site Specific Development Plan and Use by Special Review Permit for a Cement Transfer Facility on a parcel of land described as part of the N2 of Section 25, T2N, R64W 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 Keenesburg Planning Commission for its review and comments. Please call Town of Keenesburg at 970-732-4281 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 Keenesburg 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. 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