HomeMy WebLinkAbout962130.tiff INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION
Applicant: Stanley L. & Shirley E. Odenbaugh Case Number USR-1095
Submitted gr Prepared
Prior
to Hearing At Hearing
1. P.C. Resolution x
2. Comments x
a. Staff summary sheet x
b. Staff recommendation x
c. Field checks x •
d. Staff letters to applicant(2) x
3. Legals x
4. Application (31 pages), 24"x 36" plat(1 page) x
a. Temporary substitute water supply plan submitted for x
applicants by Tuttle-Applegate, Inc. _
5. Referrals w/o comments
a. Platteville Planning Commission x
b. Referral list x
6. Referrals w/comments
a. State Division of Water Resources (9/15/95) x
b. Weld County Health Department x
c. Weld County Public Works Department x
d. State Division of Wildlife x
e. State Division of Water Resources (9/4/96) x
7. DPS maps (3) x
8. SPO's
a. Letter from Norman Swank dated 9/5/95 x
9. Deed x
I hereby certify that the 9 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 September 23, 1996.
7
Gloria Dunn, Current Planner
STATE OF COLORADO )
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STAFF SUMMARY
Case Number: USR-1095
Applicant's Name: Stanley L. & Shirley E. Odenbaugh
Request: Site Specific Development Plan & Use by Special Review
permit for a wet pit sand and gravel mining operation
Legal Description of Property: Part of the W2SW4 of Section 12, T3N,
R67W
Location: East of Weld County Road 23 and south of Weld County Road
36
Zone District: (A)Agricultural
Proposed Use: sand and gravel mining
Total Number of Acres: 7 acres, more or less
Access: Weld County Road 23 (gravel-surfaced County local road).
Proposed haul routes: south to Weld County Road 32 1/2 and then east to
Highway 85 or west to Weld County Road 23 and south to State Highway
66. The applicants will be required to enter into a road maintenance
agreement with Weld County for improvements to Weld County Road 23.
Comments: Staff has received one phone call and one letter of objection
to the proposed use from surrounding property owners.
EXHIBIT
I
962130
LAND-USE APPLICATION
SUMMARY SHEET
Date: September 26, 1995
CASE NUMBER: USR-1095
NAME: Stanley L. & Shirley E. Odenbaugh
ADDRESS: 16124 Weld County Road 23, Platteville, CO 80651
REQUEST: Site Specific Development Plan and Use by Special Review permit for a
wet pit sand and gravel mining operation
LEGAL DESCRIPTION: Part of Lot B of RE-1234 being a part of the W2 SW4 of
Section 12, T3N, R67W
LOCATION: East of Weld County Road 23 and south of Weld County Road 36
SIZE OF PARCEL: 69.88 acres, more or less
SIZE OF AREA TO BE MINED: 6.696 acres, more or less
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS:
The criteria for review of this Special Review permit is listed in Sections 24.3
and 44 of the Weld County Zoning Ordinance.
The Department of Planning Services' staff has received referral responses from:
Weld County Public Works Department
Weld County Health Department
Town of Platteville
State Division of Water Resources
State Division of Wildlife
The Department of Planning Services' staff has received one objection from a
surrounding property owner.
962130
DATE: October 3, 1995
CASE NUMBER: USR-1095
NAME: Stanley L. & Shirley E. Odenbaugh
ADDRESS: 16124 Weld County Road 23, Platteville, CO 80651
REQUEST: Site Specific Development Plan and Use by Special Review permit for a wet pit
sand and gravel mine in the A(Agricultural zone district
LEGAL DESCRIPTION: Part of the W2SW4 of Section 12,T3N, R67W of the 6th P.M.,Weld County,
CO
LOCATION: East of and adjacent to Weld County Road 23 and south of Weld County Road 36
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
Sections 24.7 and 44 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:
a. This proposal is consistent with the Weld County Comprehensive Plan's
Agricultural, Mineral Resources, Transportation and Urban Growth Boundary Goals
and Policies. The Conditions of Approval and Development Standards will ensure
that these goals and policies are met. The Comprehensive Plan encourages the
extraction of mineral resources when the mining plan promotes reasonable and
orderly development of mineral resources. The Town of Platteville has reviewed
this application and indicated that the proposed use complies with its
Comprehensive Plan.
b. This proposal is consistent with the intent of the Agricultural zone district and is
provided for as a Use by Special Review.
c. The uses permitted will be compatible with the existing surrounding land uses and
with the future development of the surrounding area as permitted by the Weld
County Comprehensive Plan. Surrounding land uses include: agricultural
production, oil and gas structures and rural residences.
d. The subject site is located in the Flood Hazard Overlay District area. Development
962130
USR-1095, Stanley L. & Shirley E. Odenbaugh
Page two
Standards and Conditions of Approval address this issue. No other overlay districts
affect the site.
e. Special Review permit Development Standards will provide adequate protection
of the health, safety and wel
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 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. Prior to recording the Use by Special Review plat:
a. The applicants shall enter into a Road Maintenance Agreement with Weld County
for improvements to Weld County Road 23, from the entrance of the mining
operation south to Weld County Road 32.5. The Road Maintenance Agreement
shall be approved by the Board of County Commissioners.
b. A dust abatement plan shall be submitted to the Weld County Health Department
for review and approval. Evidence of approval of the dust abatement plan by the
Health Department shall be provided to the Department of Planning Services.
c. A stormwater discharge permit shall be obtained from the Colorado Department
of Health, Water Quality Control Division, if applicable.
d. The following note shall be placed on the plat:
962130
USR-1095, Stanley L. & Shirley E. Odenbaugh
Page three
NOTE: 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
Development Standards.
e. The applicants shall apply for a Flood Hazard Development permit for the
proposed uses located on the Special Review site.
f. An Air Pollution Emission Notice (A.P.E.N.) and Emissions permit application shall
be submitted to the Air Pollution Control Division, Colorado Department of Health.
4. Prior to scheduling a hearing with the Board of County Commissioners:
a. The applicants shall provide evidence to the Department of Planning Services
indicating that a water augmentation plan has been submitted to the Division of
water Resources for review and approval, in accordance with the referral letter
from John Schurer dated September 15, 1995.
b. The applicants shall provide evidence to the Department of Planning Services
indicating that application for a well permit has been made for the mining
operation.
962130
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Stanley L. & Shirley E. Odenbaugh
USR-1095
1. The Site Specific Development Plan and Special Review permit is for a 6.6 acre, more
or less, wet pit 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.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the
Weld County Zoning Ordinance.
3. The sand and gravel operation shall comply with operation policies identified in
Sections 44.4, 44.5 and 44.6 of the Weld County Zoning Ordinance. Any violation of
these regulations shall be grounds for cancellation of the permit.
4. The haul route shall be Weld County Road 23 south to Weld County Road 32.5, then east
to U.S. Highway 85 or west to Weld County Road 21 and then south to State Highway
66. At no time shall heavy truck traffic associated with this use travel across restricted
Bridge 32.5/23A, rated 17-27-28, if the allowed weight limit is exceeded.
5. Hours of operation shall be daylight hours between 7:00 a.m. and 6:00 p.m., six days per
week, Monday through Saturday.
6. All operations shall be in conformance with the Weld County Flood Hazard Overlay
District requirements, including:
a. NO fill, berms, or stockpiles shall be placed in the one-hundred (100) year
floodplain which would obstruct passage of flood flows.
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
floodproofed to avoid creation of a health hazard. Following completion of
mining, all temporary buildings shall be removed.
7. Owners and operators of the Special Review permit activity shall maintain compliance
with the approved road maintenance agreement with Weld County.
8. All liquid and solid wastes shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination.
962130
USR-1095, Stanley L. & Shirley E. Odenbaugh
Page two
9. No permanent disposal of wastes shall be permitted at this site.
10. Waste materials shall be handled, stored and disposed in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions.
11. Fugitive dust shall be controlled on this site.
12. 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.
13. An individual sewage disposal system is required for the proposed facility and shall be
installed according to the Weld County Individual Sewage Disposal Regulations. A vault
system will be acceptable.
14. 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.
15. The mining facility shall have sufficient equipment available to implement the dust
control, as required by the Weld County Health Department.
16. The water augmentation plan must be approved by the State Division of Water
Resources and a well permit obtained for the mining operation prior to exposure of
groundwater on the Special Review site.
17. All construction on the property shall be in accordance with the requirements of the
Weld County Building Code Ordinance.
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.
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.
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.
21. The Special Review area shall be limited to the plans shown hereon and governed by
962130
USR-1095, Stanley L. & Shirley E. Odenbaugh
Page three
the foregoing Standards and all applicable Weld County Regulations. Major 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 and the
Board of County Commissioners 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.
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.
962130
a"CItP14 /4 1; DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
VillC. FAX (970) 352-6312
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 80631
October 16, 1995
Mr. & Mrs. Stanley Odenbaugh
16124 Weld County Road 23
Platteville, CO, 80651
Subject: USR-1095, Part of the W2SW4 of Section 12, T3N, R67W
Dear Mr. & Mrs. Odenbaugh:
On October 3, 1995, the Weld County Planning Commission recommended for approval to the
Board of County Commissioners your Use by Special Review permit for a mining operation at
the above-referenced location. Our office recently sent you a copy of the Planning Commission
Resolution for this proposed use.
Before the case may be scheduled for consideration by the Board of County Commissioners,
two conditions of approval listed in the Resolution must be met. These items are identified on
page 2 of the Resolution as 4 a) and b), and they deal with a water augmentation plan and well
permit for the proposed operation.
Please submit this information to me as soon as possible so that we may work toward
completion of your Use by Special Review permit. If you have questions, please feel free to call
me.
Sincerely,
Glor Dunn
C>3-rent Planner
SERVICE.TEAMWORK INTEGRITY,QUALITY
962130
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DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
1 FAX (970) 352-6312
IliligC. WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
August 29, 1995
Stanley and Shirley Odenbaugh
16124 Weld County Road 23
Platteville, CO 80651
Subject: USR-1095-Request for a Site Specific Development Plan and a Special Review permit for a wet
pit sand and gravel mining operation in the A (Agricultural) zone district on a parcel of land
described as part of the W2 SW4 of Section 12, T3N, R67W of the 6th P.M., Weld County,
Colorado.
Dear Mr. and Mrs. Odenbaugh:
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 3, 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 Town of Platteville Planning
Commission for its review and comments. Please call Robert Thorson, at 785-2245, 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 Platteville 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,
,�7 i1r
Glom Dunn
t urrent Planner
FIELD CHECK
FILING NUMBER:USR -1095 DATE OF INSPECTION: (9/i .-./ `' --
APPLICANT'S NAME: Stanley '2. Shirley Odenbaugh
CURRENT PLANNER: Gloria Dunn
REQUEST: A Site Specific Development Plan and a Special Review permit for a wet pi t
sand and gravel mine in the 4(Agricultural ) zone district.
LEGAL DESCRIPTION: Part of the W2SW4 of Section 12, ?3N, R57W
LOCATION: East of Weld County Road 23 and south of Weld County Road 36
LAND USE: N Y Cc` ,—
E (< Lt
S ([[4 A < . �v.y:wZONING: N A (Agricultural)
E A (Agricultural)
S A (Agricultural)
W A (Agricultural)
COMMENTS:
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962130
FIELD CHECK
FILING NUMBER:_USR-1094 DATE OF INSPECTION:_September 11, 1995
APPLICANT'S NAME: Stanley L. & Shirley E. Odenbaugh
REQUEST: Site Specific Development Plan and Use by Special Review Permit for a wet pit
sand gravel mining operation
LEGAL DESCRIPTION:_Part of the W2 SW4 of Section 12, T3N, R67W
LOCATION: East of Weld County Road 23 and south of Weld County Road 36
LAND USE: N Access road, agricultural production
E Agricultural production
S Agricultural production,tank battery
W Weld County Road 23, agricultural ground, residence, tank battery
ZONING: N A(Agricultural)
E A(Agricultural)
S A(Agricultural)
W A(Agricultural)
COMMENTS: Access is from Weld County Road 23, a gravel-surfaced County local road. It
appears that sand and gravel may already have taken place on a small scale; a few pieces of
equipment are on site. Proposed haul route (south) is gravel--may require improvement.
Gloria Dunn, Current Planner
962130
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