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Home My WebLink About951295.tiffDATE: March 21, 1995 CASE NUMBER: USR-1075 NAME: Rex Hiner ADDRESS: 2220 0 Street Greeley, CO 80631 REQUEST: A Site Specific Development Plan and Special Use Permit for an asphalt and concrete batch plant, an oil field construction business, and a recreational facility in the A (Agricultural) zone district. LEGAL DESCRIPTION: Located in the NW/4, Section 31, T6N, R65W of the 6th P.M., Weld County, Colorado. LOCATION: South and adjacent to 0 Street and west of and adjacent to 25th Avenue. 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. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: This proposal is consistent with the Weld County Comprehensive Plan and is provided for as a Use by Special Review in the A (Agricultural) zone district. The proposed use will be compatible with the existing surrounding land uses and with future development. The site is within the Airport Overlay District and Flood Hazard Overlay District. The concerns are addressed in the Development Standards. The applicant has demonstrated a diligent effort to conserve productive agricultural land. The conditions of approval and development standards will ensure adequate provision for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. 951295 ' EXHIBIT USR-1075, Conditions of Approval Rex Hiner page 2 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. USR-1074, Conditions of Approval 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 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. 2. 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. 3 Permanent I.S.D.S. facilities must be provided for the recreation portion of the site. Vault systems are acceptable. Portable sanitary toilets are acceptable for temporary use only. 4 Prior to recording the Plat: a. The applicant shall complete a road access information sheet for the recreation access and return it to the Weld County Department of Planning Services. b. A NPDES Permit shall be obtained from the Water Quality Control Division of the Colorado Department of Health for any proposed discharge into State Waterways. c. A dust abatement plan shall be submitted to the Weld County Health Department for approval prior to operation. The facility shall have sufficient equipment available to implement the dust control as required by the Health Department. 951295 USR-1075, Conditions of Approval Rex Hiner page 3 d. 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 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. e. Any existing septic system(s) which is not currently permitted through the Weld County Health Department will require an I.S.D.S. Evaluation prior to the issuance of the required septic permit(s). In the event the system(s) is found to be inadequate, the system(s) must be brought into compliance with current I.S.D.S. regulations. f. Any existing septic system(s) involved in a commercial endeavor (i.e. office, etc.) is required to be reviewed by a Colorado Registered Professional Engineer and a copy of that review submitted to the Weld County Environmental Protection Services, before the required I.S.D.S. Evaluation can be performed. g. The plat shall be amended to show the location of outdoor storage areas as delineated on overhead A. h. A copy of the amended plat shall be delivered to the Department of Planning Services for review and approval. 951295 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Rex Hiner USR-1075 1. The Site Specific Development Plan and Special Review permit is for an asphalt and concrete batch plant, an oil field construction business, and a recreational facility in the A (Agricultural) zone district. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4. No permanent disposal of wastes shall be permitted at this site. 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 6. The maximum permissible noise level shall not exceed the light industrial limit of 70 db(A), as measured according to 25-12-102, Colorado Revised Statutes. 7. Permanent I.S.D.S. facilities must be provided for the recreation portion of the site. Vault systems are acceptable. Portable sanitary toilets are acceptable for temporary use only. 8. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 9. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 951295 USR-1075, Development Standards Rex Hiner page 2 10. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning - Ordinance. 11. The Special Use Permit area shall be maintained in such a manner so as to prevent soil erosion, fugitive dust, and the growth of noxious weeds. The site shall be maintained in such a manner as to present a neat and well kept appearance. 12. All phases of the operation shall comply with all County and State Health Standards and Regulations pertaining to air quality, water quality, odor, noise emission, and sanitary disposal systems. The applicant shall be responsible for adhering to the provisions of the Colorado Air Pollution Control Regulations. 13. Access to the Asphalt and Concrete Batch Plants shall be from Weld County Road 64. No access to the batch plant shall be allowed from Weld County Road 35.5 (North 25th Avenue). 14. Outdoor storage shall be limited to the areas as delineated on overhead A and shall be screened from adjacent properties and public rights -of -way. 15. RV's shall not be stored on site during off season of thewatersports and recreational activities. 16. Any operations of the gravel pit and batch plants should not obstruct the passage of the 100 year flood flows to the point that it has any adverse effects on others. This provision prohibits locating dikes and stockpiles in a manner which forces floodflows to alter their normal course. 17. Any storage on site shall be located outside the 100 year floodplain or, be securely anchored and adequately floodproofed in accordance with the Weld County Flood Hazard Overlay District Regulations. 18. All batch plants shall be operated during the hour of daylight except in the case of public or private emergency or to make necessary repairs to equipment. This restriction shall not apply to the operation of administrative and executive offices or repair facilities located on the property. 951295 USR-1075, Development Standards Rex Hiner page 3 19. The property shall be maintained in compliance with the Airport Overlay District at all times. 20. Erosion control and stabilization efforts shall be maintained along the shorelines of the lakes. 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. 22. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards Regulations. shown or stated Major changes from the and all applicable plans or Development Weld County Standards shall require the approval of an amendment of the Permit the Weld County Commissioners before such changes from the plans Development Standards are permitted. Any other changes shall be filed the office of the Department of Planning Services. as by or in 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. 951295 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Rex Hiner Case Number: USR-1075 Submitted or Prepared Prior to Hearing At Hearing 1. Application 32 pages X 2. Application plat 2 page X 3. DPS referral summary sheet and letter X 4. DPS letter to applicant X 5. DPS Recommendation X 6. DPS Surrounding Property Owner/Mineral Owner X Mailing list, letter and certificate. X 7. DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11 Referral from Weld County Public Works Dept., dated 2/28/95 X 12. Referral from Greeley -Weld Airport, dated 3/6/95 X 13. Referral from Health Department, dated 3/7/95. X 14. Referral from West Greeley Soil Conservation Dist., 3/8/95 X 15. Referral from the City of Greeley, dated 3/14/95 X eyv • I hereby certify that the 16 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 on March 24, 1995. Todd A. Hodges STATE OF COLORADO COUNTY OF WELD SUBSCRIBED AND SWORN TO BEFORE ME THI Q My 6pmtnbsEion Expires NOTAR 7 PUBLIC at) ►c o s urn�nt Planner 951295 LAND -USE APPLICATION SUMMARY SHEET Date: March 13, 1995 CASE NUMBER: USR-1075 NAME: Rex Hiner ADDRESS: 2220 O Street Greeley, CO 80631 REQUEST: A Site Specific Development Plan and Special Use Permit for an asphalt and concrete batch plant, an oil field construction business, and a recreational facility in the A (Agricultural) zone district. LEGAL DESCRIPTION: Located in the NW/4 of Section 31, TEN, R65W of the 6th P.M., Weld County, Colorado. LOCATION: South and adjacent to O Street and east and adjacent to 25th Ave. SIZE OF PARCEL: 169.7 acres, more or less 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: 1. Weld County Public Works Department 2. Weld County Health Department 3. Greeley -Weld Airport 4. West Greeley Soil Conservation Dist. The Department of Planning Services' staff has not received referral responses from: 1. State Water Conservation Board 2. Western Hills Fire Protection District 3. Colorado Division of Wildlife 4. City of Greeley The Department of Planning Services' staff has not received objections from surrounding property owners. 951295 FIELD CHECK FILING NUMBER: USR-1075 DATE OF INSPECTION: 3/6/95 APPLICANT'S NAME: Rex Hiner REQUEST: SUP for a batch plant, recreational area, and oil field construction business in the A Zone. LEGAL DESCRIPTION: A portion of the NW/4 31-6-65 of the 6th P.M., Weld County, Colorado. LOCATION: East and adjacent to WCR 155 ROW and approximately 1 mile N of WCR 94. LAND USE: N Agricultural -E Business S Residential W Residential/Ag ZONING: N Agricultural -E City of Greeley S Residential W Agricultural/Commercial COMMENTS: The site is presently being -used as for the above described uses requested. The site has been cleaned up in the past few months and Mr. Hiner has indicated that all storage in the floodplain and floodway will be removed. Todd A. Hodges • ent Planner 951295 (i EXHIBIT /D February 17, 1995 DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 Rex Hiner 2220 O Street Greeley, CO 80631 Subject: USR-1075 - Request for a Use by Special Review and Site Specific Development Plan for an asphalt and concrete batch plant, an oil field construction business, and a recreational facility in the A (Agricultural) zone district to amended SUP -423 on a parcel of land described as NW4 of Section 31, T6N, R65W of the 6th P.M., Weld County, Colorado. Dear Mr. Hiner: 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 21, 1995, 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 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 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 ofPlanning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four (24) hoursbefore 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, Todd A. Hodges c Current Planner SERVICE, TEAMWORK, INTEGRITY, QUALITY 951292 Hello