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Home My WebLink About992460.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Lewis Farm/Golden's Andesite Case Number USR-1243 Mining Company 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 Letter to Applicant X 5 Legal Notifications X 6 Application (177 pages) X 7 Referral List X 8 Referral Letter X 9 Fort Lupton Fire District referral received 8/17/1999 X 10 Weld County Zoning Compliance referral received 8/12/1999 X 11 Division of Wildlife referral received 9/20/1999 (2 pages) X 12 Weld County Public Works Dept. referral received 9/7/1999 X (2 pages) 13 Weld County Health Dept. referral received 8/24/1999 (2 pages) X 14 City of Brighton Planning Department referral received 9/1/1999 X (4 pages) 15 Dept. Of the Army, Corps of Engineers referral received X 8/19/1999 16 Maps (2 pages) X 17 Maps submitted by applicant(3 pages) X 18 Contract to purchase(14 pages) X 19 Surrounding Property Owners (6 pages) X 20 Soil Survey (8 pages) X 21 Craven letter x 22 23 24 25 IXHIRIT 992460 ist Item submitted at planning commission I hereby certify that the 21 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. Sheri Lockman •8 Planner STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED and SWORN TO BEFORE ME THIS 017 / day of S ,.&. iAS 19. 9 f1 SEAL ��// Lin y OAl0YV Ly l ,u/b"F NOTARY PUBLIC l-/ MY COMMISSION EXPIRES ®a - - aO0d WIiDcLANDAPPLICATION SUMMARY SHEET COLORADO Case Number: USR-1243 Hearing Date: September 21, 1999 Applicant: Lewis Farm/Golden's Andesite Mining Company Address: P.O. Box 328, 21 South Sunset Street, Longmont, CO 80501 Request: A Site Specific Development Plan and a Special Review Permit for Open Cut Gravel Mining in the (A) Agricultural zone district. Legal Description: SE4 of Section 13, Ti N, R67W of the 6th P.M., Weld County, CO Location: ''A mile East of Weld County Road 23 and north of and adjacent to Weld County Road 8 Size of Parcel: 160 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 Zoning Compliance referral received 8/12/1999 • Fort Lupton Fire Protection District referral received 8/17/1999 • Department of The Army, Corps of Engineers referral received 8/19/1999 • Weld County Health Department referral received 9/1/1999 • Weld County Public Works Department referral received 9/7/1999 • City of Brighton referral received 9/1/1999 • Division of Wildlife referral received 9/20/1999 The Department of Planning Services'staff has not received responses from the following agencies • State Water Conservation Board • Mined Land Reclamation • City of Fort Lupton • Platte Valley Soil Conservation District • Colorado Division of Transportation Page 1 r � a • SPECIAL REVIEW PERMIT t' a ADMINISTRATIVE REVIEW COLORADO PLANNER: S. L.ockman CASE NUMBER: USR-1243 HEARING DATE: September 21, 1999 APPLICANT: Lewis Farm/Golden's Andesite Mining Company ADDRESS: P.O. Box 328, 21 South Sunset Street, Longmont, CO 80501 REQUEST: A Site Specific Development Plan and a Special Review Permit for Open Cut Gravel Mining in the (A) Agricultural zone district. LEGAL DESCRIPTION: SE4 of Section 13, T1 N, R67W of the 6th P.M., Weld County, CO LOCATION: '/ mile East of Weld County Road 23 and north of and adjacent to Weld County Road 8 SIZE OF PARCEL: 160 acres PARCEL NUMBER: 1469 13 000011 and 043 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." 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 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 land with only one home Page 2 adjacent to the site. Other residences are located 1/4 mile or more from the site. Planning Staff has required a landscaping plan which will include sufficient buffering and screening for the home south of the site. Planning Staff concurs that the approval of this use with not jeopardize the health, safety and welfare of the surrounding property owners. 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. In a referral response dated September 1, 1999, the City of Brighton stated concerns regarding the wildlife habitat existing on the east half of the property. Although Planning Staff is not requiring the applicant limit the mining to the west half of the property, they are requiring more land be included in the reclamation plan for riparian habitat. Concerns regarding the transportation plan have been addressed through Conditions of Approval and Development Standards. The City of Fort Lupton did not respond. e. Section 24.3.1.5--Most of the site is located within the Flood Hazard Overlay District area as shown on FEMA Panel Map#080266 0983 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 regt,lations". f. Section 24.3.1.6-- That the applicant has demonstrated a diligent effort has been made to conserve prime agricultural land. Only the western most portion of the sect on of the proposed site is designated "prime". The majority is designated "other" by the USDA Soil Conservation Services. 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'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 A. The application materials indicate an existing septic system may be utilized. The Environmental Health Services Division was unable to locate a septic permit for the septic system serving the existing structure. The septic system shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the systems ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. Evidence of Health Department approval shall be submitted to the Weld County Planning Department. If the current location is not suitable a new system will be designed, permitted and constructed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. (Health Dept.) B. The plat shall be amended to include a 20 foot mining setback from surrounding properties. (Public WorldPlanning Dept.) C. The applicant shall post adequate collateral and enter into a Road Maintenance and Improvements Agreement to include the following: (Public Works) 1. The applicant shall upgrade and pave Weld County Road 8 between the main entrance and the existing asphalt adjacent to State Highway 85. This will be designated as the haul route. The pavement shall be 24 feet wide with six-foot gravel shoulders. The asphalt shall be four inches deep with eight inches of Class 6 aggregate base course matching the existing asphalt grades. An additional two-inch overlay of hot bituminous pavement shall be placed over the remaining portion of Weld County Road 8. The two bridge peak areas shall not receive additional asphalt. 2. The applicant shall extend or replace the existing cross culvert at the entrance to Weld county Road 8. The site access approach shall be elevated to provide adequate sight distance to the east. D. The applicant shall submit a copy of an agreement with the property's mineral owners stipulating that the oil and gas activities have adequately been incorporated into the design of the site or that the applicant has made reasonable accommodations. (Planning Dept.) E. The applicant shall submit a copy of an agreement with the Lupton Meadows Ditch Company stipulating that the relocation of the existing ditch has adequately been inco-porated into the design of the site. (Planning Dept.) F. The applicant shall submit a NPDES Permit to the Water Quality Control Division of the Colorado Department of Health for proposed discharge into State Waterways. Evidence of approval shall be submitted to the Weld County Public Works. (Public Works) Page 4 G. Upon approval of the NPDES Permit, the applicant shall submit evidence of Weld County Public Works approval of the storm water drainage plan to the Weld County Planning Department. (Public Works/Planning Dept.) H. 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 and Environment 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. A copy of the A.P.E.N. shall be submitted to the Weld County Health Department. Evidence of Weld County Health Department approval shall be submitted to the Weld County Planning Department. (Health Dept.) 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.) J. The applicant shall receive approval for the Flood Hazard Development Permit previously submitted for any new structures and any development that will increase or decrease the base flood elevation in the flood plain as delineated on FEMA Panel Map#080266 0983 C, dated September 28, 1982. (Planning Dept.) K. The applicant shall provide evidence to the Department of Planning Services that all requirements of the Colorado Department of Transportation have been complied with. (Planning Dept.) L. The applicant shall submit a landscaping and buffering plan to the Weld County Planning Department for review and approval. The plan shall include sufficient buffering for the adjacent home to the south and Weld County Road 8. (Planning Dept.) M. The applicant shall submit a revised plan to the Weld County Planning Department for review and approval. The plan shall indicate areas for the existence of the well developed riparian forest on the east portion of the property. Also the final ponds shall be reconfigured to obtain a more natural and appealing appearance for the future residents of the area. (Planning Dept.) N. The final ponds shall be reconfigured to include jetty type structures protruding into the pond as well as several islands to encourae plant and wildlife species. The ponds shall include shallower areas with a minimum 5:1 slope ratio to encourage more diverse flora and fauna. (Division of Wildlife) 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 5 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Lewis Farm/Golden's Andesite Mining Company USR-1243 1. The Site Specific Development Plan and Special Use Permit#1243 is for Open Pit Gravel Mining 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 St. Vrain 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 Dept.) 5. No permanent disposal of wastes shall be permitted at this site. (Health Dept.) 6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Health Dept.) 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 Dept.) 8. Adequate toilet facilities shall be provided for the employees. (Health Dept.) 9. 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.) 10. The facility shall utilize bottled water for employees. (Health Dept.) 11. Portable toilets may be utilized on the site which are temporary locations of the working face, for up to six months. (Health Dept.) Page 6 12. The site shall maintain compliance with all applicable rules and regulations of the Colorado Division of Minerals & Geology. (Health Dept.) 13. If any work associated with this project requires the placement of dredged or fill material, and any excavation associated with a dredged or fill project, either temporary or permanent, in waters of the United States which may include streams, open water lakes, ponds or wetlands at this location, the applicant shall obtain a Department of Army, 404 Clean Water Act permit. (Planning Dept.) 14. The facility shall operate in accordance with the approved dust abatement plan at all times. The facility shall have sufficient equipment available to implement the dust control as required by the Weld County Health Dept. (Health Dept.) 15. The applicant obtain a demolition permit from the Weld County Building Inspection Department for the existing residence that is to be removed. (Planning Dept.) 16. The opermion 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.) 17. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly identify the boundaries of the site. (Planning Dept.) 18. All construction on the property shall be in accordance with the Weld County Building Code Ordinance. (Planning Dept.) 19. The facility shall operate in accordance with the approved storm water detention plan. (Public Works) 20. The applicant shall haul only legal limits over the two county bridges identified within the designated haul route, 8/23A (Lupton Bottom) and 8/25A (South Platte River). (Public Works) 21. The interna road system shall be treated with chemical stabilization to control dust. (Public Works) 22. As indicated in the application material hours of operation shall start at 6:00 a.m. Mining and processing shall cease at 8:00 p.m., maintenance and repair at midnight and hauling at 5:00 p.m The applicant shall be allowed to operate 24 hours per day, 7 days a week to fulfill Government Contracts. (Planning Dept.) 23. Lighting provided for security and emergency night operation on the site shall be designed so that the lighting will not adversely affect surrounding property owners. (Planning Dept.) 24. Existing trees and ground cover along public road frontage and drainage ways shall be preserved, maintained, and supplemented, if necessary, for the depth of the setback in Page 7 order to protect against and/or reduce noise, dust, and erosion. (Planning Dept.) 25. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the reclaimed areas. (Planning Dept.) 26. Should noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Ordinance 169A. (Public Works) 27. The sand and gravel operation shall comply with all operation policies identified in Section 44 of the Weld County Zoning Ordinance except 44.4.2 regarding hours of operation which shall comply with Development Standard 22. 28. 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. 29. 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. 30. 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. 31. 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. 32. 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. Page 8 DEPARTMENT OF PLANNING SERVICES �7 PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 17T 1555 N. 17T1-I AVENUE GREELEY, COLORADO 80631 1111142„ COLORADO August 10, 1999 Lewis Farm/Andesite Mining Co. C/o Banks and Gesso, LLC 720 Kipling St., Ste. 117 Lakewood, CO 80215 Subject: USR-1243- Request for a A Site Specific Development Plan and a Use by Special Review for an Open Cut Gravel Mining Operation in the (A) Agricultural zone district on a parcel of land described as the SE4 of Section 13, Ti N, R67W of the 6th P.M., Weld County, Colorado. To whom it may concern: 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 September 21, 1999, at 1:30 p.m. This meeting will take place in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, 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 The City of Brighton and the City of Fort Lupton Planning Commission for its review and comments. Please call the City of Brighton at (303)654-1638 and the 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 The City of Brighton and the City of Fort Lupton Planning Commission meeting to answer any questions the Commission members may have with respect to your application. A representative from':he 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 a: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. R spectfullyt (G Lockman " EXHIBITEXHIBITheri Planner 1 I FIELD CHECK inspection date: 9/10/1999 CASE NUMBER: USR-1243 APPLICANT: Lewis Farm/Golden's Andesite Mining Company LEGAL DESCRIPTION: SE4 of Section 13, T1N, R67W of the 6th P.M., Weld County, CO LOCATION: '/z mile east of Weld County Road 23 and north of and adjacent to Weld County Road 8 Zoning Land Use N A (Agricultural) N Agricultural E A (Agricultural) E Agricultural / Residential approximately 1/4 mile S A (Agricultural) S Norden Farms - approximately 10 semi trucks and trailers on property / in pasture with a few cattle in pen / Residential / small lake (possible old mining site) W A (Agricultural) W Agricultural / Residential approximately 1/4 mile COMMENTS: West portion of the property is in corn. East is pasture with many large trees. Two home and an oil pump on property. Ditch runs north/south through property. LI / -1,(t0e1,41 Sheri Lockman, Planner Hello