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Home My WebLink About990607.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Weld County Public Works Case Number USR-1215 Submitted or Prepared Prior to At Hearing Hearing 1 Planning Commission Resolution 2 Staff Comments (6 pages) X 3 Department of Planning Services field check form X 4 Letter to Applicant X 5 Legal Notifications (2 pages) X 6 Application (32 pages) X 7 Survey for Preble's Meadow Jumping Mouse (11 pages) X 8 Plant Survey for Spiranthes diluvialis (16 pages) X 9 Colorado Mined Land Reclamation Application (45 pages) X 10 Referral list X 11 Referral letter X 12 Weld County Zoning Compliance referral received 1/28/1999 X 13 Fort Lupton Planning Commission referral received 1/27/1999 X 14 Department of the Army, Corps of Engineers referral received X 2/1/1999 (2 pages) 15 Weld County Health Department referral received 2/8/1999 X 16 Division of Wildlife referral received 2/22/1999 (2 pages) X 17 8 1/2 X 11 maps submitted by applicant(5 pages) X 18 Maps (2 pages) X 19 Deed (3 pages) X 20 Letters from Surrounding Property Owners (5 pages) X 21 Surrounding Property Owners (7 pages) X 22 Soil Survey (4 pages) X Item submitted at planning commission EXHIBIT 990607 1 tat Stan. I hereby certify that the 22 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. 2111() Sheri Lockman ❖ Planner STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED and SWORN TO BEFORE ME THIS /O - day of 1% 19 41. SEAL NOTARY PUBLIC MY COMMISSION EXPIRES /G/z$/Coot Op NOD A.4I, t• toTA9:,9p • • • cn p op coloPP 99069(; 2 44ice:r Wine LAND USE APPLICATION SUMMARY SHEET COLORADO Case Number: USR-1215 Hearing Date: March 2, 1999 Applicant: Weld County Public Works Address: P.O. Box 758, Greeley, CO 80632 Request: A Site Specific Development Plan and a Special Review Permit for Open Cut Gravel Mining in the (A) Agricultural zone district. Legal Description: Part of Lot 8 Lupton Meadows Subdivision Division III Replat, being part of Section 19, T2N, R66W of the 6th P.M., Weld County, CO Location: North west of Ft. Lupton approximately 2 miles, located east of the intersection of WCR 20 and WCR 25 Size of Parcel: 74.336 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 24.3 and Section 44 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received responses from the following agencies: • Weld County Health Department referral received 2/8/1999 • Weld County zoning compliance referral received 1/28/1999 • Department of The Army, Corps of Engineers referral received 2/1/1999 • Fort Lupton Planning Commission referral received 2/3/1999 • West Greeley Soil Conservation District letter included in application • Division of Wildlife referral received 2/22/1999 The Department of Planning Services' staff has not received responses from the following agencies • Water Conservation Board • School District RE-8 • Fort Lupton Fire Protection District • Mined Land Reclamation Page 1 WNW 99°&07- a SPECIAL REVIEW PERMIT o N ADMINISTRATIVE REVIEW WUDc. COLORADO PLANNER: S. Lockman CASE NUMBER: USR-1215 HEARING DATE: March 2, 1999 APPLICANT: Weld County Public Works ADDRESS: P.O. Box 758, Greeley, CO 80632 REQUEST: A Site Specific Development Plan and a Special Review Permit for Open Cut Gravel Mining in the (A) Agricultural zone district. LEGAL DESCRIPTION: Part of Lot 8 Lupton Meadows Subdivision Division III Replat, being part of Section 19, T2N, R66W of the 6th P.M., Weld County, CO LOCATION: North west of Ft. Lupton approximately 2 miles, located east of the intersection of WCR 20 and WCR 25 SIZE OF PARCEL: 74.336 acres PARCEL NUMBER: 1309 19 002006 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 of the Weld County Zoning Ordinance, as amended, as follows: a. Section 24.3.1.1 --That the 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. b. Section 24.3.1.2 --That the proposal is consistent with the intent of the A (Agricultural) Zone District. Section 31.4.1 of the Weld County Zoning Ordinance Page 2 O9060 7 provides for mineral resource development facilities as a Use by Special Review in the A (Agricultural) Zone District. c. Section 24.3.1.3--That the proposal will be compatible with the existing surrounding land uses. Surrounding land uses include agricultural activities, including a tree farm, as well as a sand and gravel mining operation to the west. To the north are home sites located on previously reclaimed gravel pits. d. Section 24.3.1.4--That the proposed use will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by the Comprehensive Plan or Master Plans of affected municipalities. The Reclamation Plan includes areas for wildlife habitat and a recreational lake. The City of Fort Lupton had no conflicts with their interests. e. Section 24.3.1.5--The site is located within the Flood Hazard Overlay District area as shown on FEMA Panel Map #080266 0866 C. Conditions of approval and Development Standards address the issue of the floodplain. CM.Policy 5.4 of the Comprehensive Plan states "the operation will comply with County flood hazard regulations". f. Section 24.3.1.6 -- No prime farm land will be taken out of production with this proposal. The site is designated as "irrigated land, not prime" and "other" by the USDA Soil Conservation Service. 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 insure 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's 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 30 days of approval by the Board of County Commissioners. (Planning Dept.) 2. Prior to recording the plat: Page 3 99060 7 A. The applicant shall submit to the department of Planning Services a recorded copy of an access agreement signed by all owners of property which is crossed by the access. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders reception number. (Planning Dept.) B. The applicant shall obtain a Flood Hazard permit for any new structures. (Planning Dept.) C. The applicant shall submit evidence that an Air Pollution Emission Notice (A.P.E.N.) 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, boilers and incinerators. (Health Dept.) D. 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.) E. The applicant shall submit a dust abatement plan to the Weld County Health Department for review and approval. Evidence of Health Department approval shall be submitted to the Department of Planning Services. (Health Dept.) F. The applicant shall apply for a Department of Army, 404 Clean Water Act permit and submit evidence of approval to the Department of Planning Services.(Planning Dept.) G. The applicant shall apply for and be approved for a Flood Hazard Development Permit for any development that will increase or decrease the base flood elevation in the flood plain as delineated on FEMA Panel Map #080266 0866 C, dated September 28, 1982. (Planning Dept.) H. The applicant shall submit a landscaping and buffering plan to the Weld County Planning Department for review and approval. (Planning 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.) Page 4 99c 07 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Weld County Public Works USR-1215 1. The Site Specific Development Plan and Special Use Permit#1215 is for an open pit sand and gravel mining operation in the "A" (agricultural) Zone District as indicated in application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. (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 operations on said described parcel shall be in conformance with the Weld County Flood Regulations including: a. No fill, berms, or stockpiles shall be placed in the one hundred (100) year flood plain of the South Platte River which would obstruct passage of flood flows. (Planning Dept.) 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 Dept.) 4. 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) 5. No permanent disposal of wastes shall be permitted at this site. (Health Department) 6. Fugitive dust shall be controlled on this site. (Health Department) 7. 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 Department) 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 facility shall utilize port-a-potties for employees. (Health Dept.) 10. A safe drinking water source shall be provided for the employees. (Health Dept.) 11. The operation shall comply with all applicable rules and regulations of the Colorado Division of Minerals and Geology. (Health Dept.) Page 5 Q906o 7 12. The operation shall comply with all applicable rules and regulations of the Federal Emergency Management Agency including a Letter of Map revision if determined to be applicable. (Planning Dept.) 13. The site shall maintain compliance with the U.S. Fish and Wildlife Service, and the U.S. Army Corps of Engineers. (Planning Dept.) 14. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly identify the boundaries of the site. (Planning Dept.) 15. The applicant shall not encroach within 1/8 to 1/4 mile from established eagle hunting perches from November 15 through March 15. The applicant shall contact the Division of Wildlife to establish the location of hunting perches and the exact size of the buffer zone required. (Planning Dept.) 16. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Health Dept.) 17. The sand and gravel operation shall comply with operation policies identified in Section 44 of the Weld County Zoning Ordinance. (Planning Dept.) 18. 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.) 19. 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.) 20. Personnel from the Weld County Health Department and Weld County Planning Department 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 herein and all applicable Weld County Regulations. (Planning Dept.) 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 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.) 22. 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.) Page 6 O99 ,o7 FIELD CHECK FILING NUMBER: USR-1215 DATE OF INSPECTION: 31 /319I APPLICANT'S NAME: Weld County Public Works PLANNER: Sheri Lockman REQUEST: Site Specific Development Plan and Use by Special Review Permit for Open Cut Gravel Mining in the A(Agricultural) Zone District. LEGAL DESCRIPTION: Part of Lots 1 through 8 of Lupton Meadows Subdivision Division III; being part of Section 19, T2N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: Northwest of Ft. Lupton, approximately 2 miles, located east of the intersection of WCR 20 and WCR 25. LAND USE: N ZONING: N A(Agricultural) E A(Agricultural) S A(Agricultural) W A(Agricultural) COMMENTS: P.C. ' a fiber DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 352-6631212 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE "DC. GREELEY, COLORADO 80631 COLORADO January 18, 1999 Weld County Mining Division Greg Nelson P.O. Box 758 Greeley, CO 80632 Subject: USR-1215- Request for a Site Specific Development Plan and Use by Special Review Permit for Open Cut Gravel Mining in the A(Agricultural)Zone District on a parcel of land described as Part of Lots 1 through 8 of Lupton Meadows Subdivision Division III; being part of Section 19, T2N, R66W of the 6th P.M., Weld County, Colorado. Dear Mr. Nelson: 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 March 2, 1999, at 1:30 p.m. This meeting will take place in Room 101, Commissioner's Hearing Room, 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 Fort Lupton Planning Commission for its review and comments. Please call City of Fort Lupton at 970-346-0326 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 Fort Lupton 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, s en Lockman Planner 89060 7 FIELD CHECK inspection date: 2/17/1999 CASE NUMBER: USR-1215 APPLICANT: Weld County Public Works LEGAL DESCRIPTION: Part of Lots 1 thin 8 Lupton Meadows Subdivision Division III, Being part of Section 19, T2N, R66W of the 6th P.M., Weld County CO LOCATION: North west of Ft. Lupton approximately 2 miles, located east of the intersection of Weld County Road 20 and Weld County Road 25 Zoning Land Use N A(Agricultural) N Residential lots on previously mined land E A(Agricultural) E River S A (Agricultural) S Agricultural W A (Agricultural) W Residential/Agricultural/Gravel pit COMMENTS: Ab (X16/(4,2/ Sheri Lockman, Planner 990607 , , Hello