HomeMy WebLinkAbout990390.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Andesite Rock Company Case Number USR-1206
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution
2 Staff Comments (8 pages) X
3 Department of-Planning Services field check form X
4 Field check by Planning Commissioner
5 Letter to Applicant X
6 Legal Notifications (2 pages) X
7 Application ( 53 pages) X
8 Referral list X
9 Town of Frederick referral received 11/10/98 X
10 Longmont Soil Conservation District referral received 11/16/98 X
11 Town of Mead referral received 11/18/98 X
12 City of Longmont referral received 11/02/98 X
13 Weld County Health Department referral received 11/20/98 X
14 Weld County Public Works Dept. referral received 12/04/98 X
15 Mountain View Fire Protection District referral received 11/08/98 X
16 Colorado Department of Transportation referral received X
11/13/98
17 Colorado Division of Water Resources referral received 11/06/98 X
18 Department of the Army Corps of Engineers referral received X
11/19/98
19 8 'Y2%X VI maps submitted by applicant(2 pages) X
20 Planning Commissioner referral received
21 Surrounding Property Owners (25 pages) X
22 Deed (10 pages) X
23 Soil Survey (15 pages) X
24 PC Exhibits X
Item submitted at planning commission
• Colorado Division of Wildlife referral received 12/15/98
rt. EXHIBIT
990390 ' `
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I hereby certify that the 24 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. n
Q
Eric Jerman + a ner
STATE OF COLORADO )
COUNTY OF WELD )
SUBSCRIBED and SWORN TO BEFORE-ME THIS a 0 day of Z 1 I'M. 19 gr.
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t:Eci ANDESITE ROCK COMPANY USR-1206
LAND USE APPLICATION
mac SUMMARY SHEET
COLORADO
Case Number. USR-1206 Hearing Date: January 5, 1998
Applicant: Andesite Rock Company
Address: 3457 Hwy 119, Longmont, CO 80504
Request: A Site Specific Development Plan and a Special Review Permit for a Mining
Operation in the Agricultural Zone District
Legal Description: SE4 Section 3, Township 2 North, Range 68 West of the 6th P.M., Weld
County, Colorado.
Location: North of and adjacent to Colorado State Hwy 119 and West of and adjacent to
Interstate-25.
Size of Parcel: 124.2 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 11/20/98
• Weld County Public Works Department referral received 12/04/98
• City of Longmont referral received 11/2/98
• Department of the Army, Corps of Engineers referral received 11/19/98
• Mountain View Fire District referral received 11/5/98
• Colorado Department of Transportation referral received 11/13/98
• Town of Frederick referral received 11/5/98
• Longmont Soil Conservation District referral received 11/16/98
• Town of Mead referral received 11/13/98
• Colorado Division of Water Resources referral received 11/6/98
• Colorado Division of Wildlife referral received 12/14/98
USR-1206 Andesite Rock Company 1
y EXHIBIT
E
44**/
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
COLORADO
PLANNER: Eric Jerman HEARING DATE: January 5, 1998
CASE NUMBER: USR- 1206
APPLICANT: Andesite Rock Company
ADDRESS: 3457 Hwy 119, Longmont, CO 80504
REQUEST: A Site Specific Development Plan and a Special Review Permit for a mining
operation in the Agricultural Zone District
LEGAL DESCRIPTION: SE4 Section 3, Township 2 North, Range 68 West of the 6th P.M., Weld
County, Colorado.
LOCATION: North of and adjacent to Colorado State Hwy 119 and West of and adjacent to
Interstate-25.
SIZE OF PARCEL: 124.2 Acres
PARCEL NUMBER: 1313 03 000046
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." Andesite Rock Company is currently operating a
mining operation adjacent to the subject site (USR-615). The applicant proposes to
remove and store topsoil on the site while mining is undertaken. The topsoil will be
replaced, at a lower elevation, upon completion of the mining. Additionally, no prime
farm land will be taken out of production with this proposal.
b. Section 24.3.1.2--This proposal is consistent with the intent of the A(Agricultural)zone
USR-1206 Andesite Rock Company 2
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. The proposal for rock extraction is a USE by Right in the Agricultural Zone
District.
c. Section 24.3.1.3--The proposal will be compatible with existing surrounding land uses
which include agricultural and commercial activities, as well as other sand and gravel
mining operations in the general area. West of the site is Western Mobile Mining
Operation, to the North is Barbour Ponds State Recreation Area, to the East is
Interstate 25 and to the South are Commercial USES along State Hwy 119.
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. The Weld County Mixed Use Development Plan (MUD) indicates that
this land is designated "Limiting Site Factors- Lowest Intensity," and "Employment
Center- High Intensity." The applicant will replace the topsoil on the site to allow for
potential future development as an employment center.
e. Section 24.3.1.5 -- The proposal is located within the Flood Hazard Overlay District
area as shown on FEMA Panel Map #080266-0850C and within the Mixed Use
Development area. Conditions of approval and Development Standards address the
issue of the floodplain. MUD Policy 6.12 of the Weld County Comprehensive plan
requires all new development to comply with the mineral resource section of the plan
which, as stated previously, CM.Goal 2 promotes the reasonable and orderly
development of mineral resources. No other overlay districts affect this site.
f. Section 24.3.1.6 -- If the USE is proposed to be located in the A-District, that the
applicant has demonstrated a diligent effort has been made to conserve prime
agricultural land. No prime farm land 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 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' staff recommendation for approval is conditional upon the
following:
1. 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.
USR-1206 Andesite Rock Company 3
2. 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.)
3. The applicant shall comply with appropriate regulations from FEMA regarding a Letter
Of Map Revision for any development that will increase or decrease the base flood
elevation in the flood plain as delineated on FEMA Panel Map#080266 0850C, dated
September 28, 1982.
4. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) All attached development standards. (Dept. of Planning Services)
2) 10 additional feet of right-of-way shall be delineated on the plat for
Weld County Road 24.5. (Public Works)
3) 10 additional feet of right-of-way shall be delineated on the plat for
Weld County Road 7. (Public Works)
4) All setbacks based on future rights-of-way shall be placed on the plat.
(Public Works)
B. The 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 Dept.)
C. The applicant shall submit evidence to the Department of Planning Services that the
existing NPDES permit has been amended from the Water Quality Control Division
of the Colorado Department of Health for any proposed discharge into state
waterways. (Health Dept.)
D. The applicant shall apply and have approved a Flood Hazard
Development Permit for any structures located within the Flood Plain.
(Planning)
E. The applicant shall submit evidence to the Department of Planning Services that the
existing Emission Permit has been modified for the increased operation if the
Colorado Department of Health determines such a modification represents a
significant change in emissions or production. If the Colorado Department of Health
determines the increased 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. (Health Dept.)
USR-1206 Andesite Rock Company 4
F. The applicant shall enter into a Road Maintenance Agreement with Weld County
Public Works Department for this USR location. The Improvements Agreement will
spell out the responsibility and designated haul routes. (Public Works)
G.The applicant shall meet the requirements of the referral letter from Colorado
Division of Wildlife, dated December 12, 1998.
H. There shall be a right-of-way accross the proposed mining operation for WCR 7.5
the location of which shall be determined through the P.U.D. process.
5. No jurisdictional wetlands shall be disturbed prior to obtaining appropriate permits.
USR-1206 Andesite Rock Company 5
,j �
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ANDESITE ROCK COMPANY
USR-1206
1. The Site Specific Development Plan and Special Review Permit is for a concrete batch plant,
asphalt plant, and Open Gravel Mining, in the A (Agricultural) Zone District as submitted in the
application materials on file and subject to the Development Standards stated herein.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld
County Zoning Ordinance.
3. The existing Emission Permit must be modified for the increased operation if the Colorado
Department of Health determines that such a modification represents a significant change in
emissions or products. (WCHD)
4. 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)
5. 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 Weld County Health Department. (WCHD)
6. All operations shall be in conformance with the Weld County Flood Hazard Overlay District
Regulations, 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. Adequate toilet facilities shall be provided for the employees. (WCHD)
8. No new access points shall be allowed from the site to any Weld County roads. (Public Works)
9. The maximum permissible noise level shall not exceed the light industrial limit of 80 db(A), as
measured according to 25-12-102, Colorado Revised Statutes. (WCHD)
10. All sand and gravel operators shall utilize the designated haul routes within the MUD area. (Public
Works)
11. Evidence shall be submitted to the Department of Planning Services that the existing NPDES
Permit shall be amended for the increased operation, if the Water Quality Control Division of the
Colorado Department of Public Health & Environment determines that such a modification
represents a significant change in the discharge. (WCHD)
USR-1206 Andesite Rock Company 6
777 F
12. If improvements are required at any State highway access, a State Highway Access Permit must
be obtained from the Department of Transportation. (CDOT)
13. No mining access shall be allowed onto WCR 24.5 or WCR 7. Utilize main access on to State
Highway 119. (Public Works)
14. All construction on the property shall be in accordance with the requirements of the Weld County
Building Code Ordinance. (Building Inspection)
15. 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.)
16. 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.)
17. No permanent disposal of wastes shall be permitted at this site. (Health Dept.)
18. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Health Dept.)
19. Fugitive dust shall be controlled on this site. (Health Dept.)
20. 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.)
21. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Minerals and Geology. (Health Dept.)
22. 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 Dept.)
23. The facility shall utilize bottled water for employees. (Health Dept.)
24. The operation shall comply with the Mine Safety and Health Act (MSHA). (Health Dept.)
25. The operation shall comply with the Occupational Safety and Health Act (OSHA). (Health Dept.)
26. The applicant shall adhere to legal load limits for any restricted bridges. (Public Works Dept.)
27. Tanks installed for flammable or combustible liquid storage or dispensing, either temporary or
permanent, shall be installed in accordance with the requirements of the Uniform Fire Code and
plans for the installation must be reviewed by the Fire District prior to installation. (Mountain View
Fire Protection District)
28. The applicant shall attempt to comply with all requirements of the Fire District. (Mountain View
Fire Protection District)
29. The facility shall utilize the existing vault septic system (G-19910265) and the vault shall be
USR-1206 Andesite Rock Company 7
maintained in a sanitary manner to prevent nuisance conditions, such as odor, flies, etc. The
vaults shall be pumped by a licensed septic tank cleaner. (WCHD)
30. 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.)
31. 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.)
32. The applicant shall continue to work with FEMA to determine whether an application for a Letter
Of Map Revision is necessary.
33. 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.)
34. 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.)
35. 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.)
USR-1206 Andesite Rock Co. 8
a-
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970)TIVE 352-6312FILES
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
111kGREELEY, COLORADO.'°A631
COLORADO
October 28, 1998
Andesite Rock Company
9065 Quince
Henderson, CO 80640
Subject: USR-1206- Request for Site Specific Development Plan and Use by Special Review Permit for
a Mining Operation on a parcel of land described as the SE4 of Section 3, T2N, R68W 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 December 15, 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 thsi policy of Weld County to refer an application to any town or mun:c pality 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 Longmont Planning Commission
for its review and comments; Please call City of Longmont at 303-651-8330 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 Longmont 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.
Respe tfully,
Eric Jerman
Planner EXHIBIT
pc: Rocky Mtn. Consultants I s
ag4ei MEMORANDUM
TO: File: USR-1206
COLORADO FROM: Eric Jerman, Planner
SUBJECT: Andesite Rock Company
December 28, 1998
Barb Brunk from R.M.C. indicated that to her knowledge, Andesite will not be required to do a
Map Revision with FEMA because, while they will be reducing the Base Flood Elevation, upon
the completion of mining the pits created by mining will be filled with water. The standing water,
she explained, acted as if it was land because in case of a flood it would not alter the flood plain.
The volume of water in the pools would essentially keep the flood plain as it had been prior to
mining the gravel.
Barb indicated that one of their FEMA experts would be calling me about this case soon.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
74 I It- MEMORANDUM
TO: File
COLORADO FROM:Eric Jerman, Planner ,1
SUBJECT: Andesite Rock Company USR-1206
Date: December, 21, 1998
I spoke on the phone with Fred Metzger, from FEMA about this case.
A Map Revision application must be submitted to FEMA upon termination of mining activity due
to the fact that the base flood elevation will be altered during the mining process.
If this site is located within a floodway then a Floodway Revision may be required prior to any
construction or mining on the site. The Floodway Revision is included within the application for a
Map Revision.
The engineer from FEMA to contact for a Map Revision or Floodway Revision is, Pernille Buch-
Pederson (703) 317-6224.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
-A
FIELD CHECK inspection date: December 4, 1998
CASE NUMBER: USR-1206
APPLICANT: Andesite Rock Company
LEGAL DESCRIPTION: SE4 Section 3, T2N, R68W of the 6th PM
LOCATION: North of and adjacent to State Hwy 119 and West of and
adjacent to I-25
Zoning Land Use
N A(Agricultural) N Barbour Ponds State Recreation Area
E A(Agricultural) E Rademacher Family residence/Commercial
Uses along State Hwy 119/ 1-25
S A(Agricultural) S Future Site of Bank/ Hwy 119
W A (Agricultural) W WCR 7/Western Mobile Mining Operation
COMMENTS:
• Feeder and Crusher will be East of Idaho Creek, will bridge over Idaho Creek on a
conveyor (60' bridge) to a radial stacker on West side of Idaho Creek.
Alfalfa field and farm ground will be removed West of I-25 and the top soil will be
replaced when finished.
Prairie Dog town will be destroyed in the process of excavation of new site.
Idaho Creek will not be disturbed in the process of the new mining site.
No violations present on site.
Sign posted for Planning Commission today.
Eric A. Jerman, P n er
EXHIBIT
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