HomeMy WebLinkAbout990727.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Sand Land, Inc. Case Number USR-1219
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution
2 Staff Comments X
3 Department of Planning Services field check form X
4 Letter to Applicant X
5 Legal Notifications (2 pages ) X
6 Application (153 pages) X
7 Referral list X
8 Referral letter X
9 Weld County Zoning Compliance referral received 2/8/1999 X
10 Mountain View Fire Protection District referral received 2/8/1999 X
11 Department of Transportation referral received 2/12/1999 X
12 Longmont Soil Conservation District referral received 2/23/1999 X
(2 pages)
13 Department of the Army, Corps of Engineers referral received X
2/19/1999 (2 pages)
14 Platteville Planning Commission referral received 2/24/1999 X
(5 pages)
15 Weld County Health Dept. referral received 2/26/1999 (2 pages) X
16 Weld County Public Works Dept. referral received 3/4/1999 X
17 8 1/2 X 11 maps submitted by applicant(3 pages) X
18 Maps (2 pages) X
19 Deed (4 pages) X
20 Surrounding Property Owners (6 pages) X
21 Soil Survey (14 pages) X
22 Overview o1 case(3 pages) X
23 Wastewater Discharge Permit(36 pages) X
24 Maps (7-24"x36") X
Item submitted at planning commission
1 EXHIBIT
A
990727 USE*Pig g
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.
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Sheri Lockman ❖ Planner
STATE OF COLORADO )
COUNTY OF WELD )
SUBSCRIBED and SWORN TO BEFORE ME THIS 22^'l day of % f 19 4v .
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NOTARY PUBLIC
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WilDe LAND USE SUMMARY SHEET
ION
COLORADO
Case Number: USFt-1219 Hearing Date: March 16, 1999
Applicant: Sand Land, Inc. Address: 12910 WCR 13, Longmont, CO 80504
Request: A Site Specific Development Plan and a Special Review Permit for Open Cut Gravel
Mining and Batch Plant in the (A) Agricultural zone district.
Legal Description: Part of NE4 of Sect. 29 and NW4 & N2 SW4 of Section 28, T3N, R67W of
the 6th P.M., Weld County, CO.
Location: South of& adjacent to Highway 66 & adjacent to Weld County Road 17 on the east
and west.
Size of Parcel: 295.38 acres
POSSII3LE 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 2/8/1999
Colorado Department of Transportation referral received 2/12/1999
Longmont Soil Conservation District referral received 2/23/1999
• Department of The Army, Corps of Engineers referral received 2/19/1999
• Platteville Planning Commission referral received 2/26/1999
Weld County Health Department referral received 2/26/1999
Mountain yew Fire Protection District referral received 2/8/1999
Weld County Public Works Department referral received 3/4/1999
The Department of Planning Services' staff has not received responses from the following agencies
• Platteville Fire District
• Division of Wildlife
• Weld County School District RE-1J
• Last Chance Ditch Company
Page 1
EXHIBIT
2
(f& SPECIAL REVIEW PERMIT
\l ADMINISTRATIVE REVIEW
WUDc.
COLORADO
PLANNER: S. Lockman
CASE NUMBER: USR-1219 HEARING DATE: March 16, 1999
APPLICANT: Sand Land, Inc.
ADDRESS: 12910 WCR 13, Longmont, CO 80504
REQUEST: A Site Specific Development Plan and a Special Review Permit for Open Cut Gravel
Mining and Batch Plant in the (A) Agricultural zone district.
LEGAL DESCRIPTION: Part of NE4 of Section 29 and NW4 & N2 SW4 of Section 28, T3N,
R67W of the 6th P.M., Weld County, CO.
LOCATION: South of& adjacent to Highway 66 & adjacent to Weld County Road 17 on the east
and west.
SIZE OF PARCEL: 295.38 acres
PARCEL NUMBER: 1209 28 000001, 1209 28 000002 and 1209 29 000033
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 Sectior 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
Page 2
(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 and limited residential.
Approximately YZ mile to the west is a 1,500 head feedlot permitted by SUP-53 and
SUP-329.
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 2/26/1999, the Town of Platteville stated
concerns regarding State Highway 66. These concerns have been addressed
through Conditions of Approval 2A and 2B.
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 0855 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-- That the applicant has demonstrated a diligent effort has been
made to conserve prime agricultural land. Only a small portion of the proposed site
is designated"prime". The majority is designated "other" and"irrigated" 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.
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.)
Page 3
2. Prior to recording the plat:
A. The applicant shall submit to the Colorado Department of Transportation a traffic
study to help determine necessary improvements. (Planning Dept.)
B. The applicant shall submit to the Department of Planning Services an agreement
with the Colorado Department of Transportation which will include any highway
improvements deemed necessary. (Planning 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 17 between the
existing access and State Highway 66 (haul route) due to the impact of
heavy truck traffic.
2. The applicant shall pave through both radii at the entrance to the site and
directly south.
3. The applicant shall realign Weld County Road 17 at the approach to State
Highway 66 to 90° to accommodate truck traffic and widening and paving
radii to accommodate turning.
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. (Planning Dept.)
E. The applicant shall submit evidence from a certified engineer that encroachment
upon the existing residences will not adversely affect the structures or their existing
septic systems. If this is not obtained the extraction will not be permitted closer than
125 feet from the exterior of the residences in accordance with Section 44.4.1 of the
Weld County Zoning Ordinance, as amended. (Planning Dept.)
F. The applicant shall submit a plan for a storm retention facility to the Weld County
Public Works Department for review and approval. The facility shall retain storm
water runoff from a fully developed site from a 100-year storm. The drainage facility
shall be designed to release the retained water at a quantity and rate not to exceed
the quantity and rate of a five-year storm falling on an undeveloped site. If the
proposal is to discharge into the Last Chance or seep ditch, the applicant shall
provide written permission from the ditch companies to discharge its' storm water
at these locations. Evidence of Public Works approval shall be submitted to the
Weld County Planning Department. (Public Works)
G. 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. 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
Page 4
submitted to the Weld County Planning Department. (Health Dept.)
H. 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.)
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 apply for a Department of Army, 404 Clean Water Act permit
and submit evidence of approval to the Department of Planning Services or submit
evidence from the Department of Army that the 404 Clean Water Act permit is not
applicable. (Planning Dept.)
K. 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 0855 C, dated
September 28, 1982. (Planning Dept.)
L. The applicant shall submit a landscaping and buffering plan to the Weld County
Planning Department for review and approval. (Planning Dept.)
M. The plat shall be amended to delineate the following:
1. All plats will reflect the new alignment of Weld County Road 17. (Public
Works)
2. Weld County Road 17 is designated on the Transportation Plan Map as a
local gravel road, which requires 60 feet of right-of-way at full build out.
The plat shall delineate a total of 30 feet from the centerline of realigned
Weld County Road 17 as right-of-way reservation. (Public Works)
3 A cross section of Weld County Road 17 to reflect two 12 foot driving lanes
with a six foot gravel shoulder. Thickness of asphalt shall be determined
through soils investigations. (Public Works)
4. State Highway 66 requires 150 feet of right-of right-of-way at full build out.
The plat shall delineate a total of 75 feet from the centerline of State
Highway 66 as right-of-way reservation. (Planning Dept.)
N. The applicant shall obtain a Flood Hazard permit for any new structures. (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 5
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Sand Land, Inc.
USR-1219
1. The Site Specific Development Plan and Special Use Permit #1219 is for Open Pit Gravel
Mining and Batch Plant 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. 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. Portable toilets may be utilized on the site which are temporary locations of equipment,
such as a crusher, etc. for up to six months at each location. (Health Dept.)
10. 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.)
11. Dust suppressant shall be placed adjacent to the homes being excepted out of the mining
Page 6
operation. (Public Works)
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 Platteville Fire Protection District, the U.S. Fish
and Wildlife Service, the U.S. Army Corps of Engineers, and the Colorado Division of
Minerals & Geology. (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 facility shall operate in accordance with the approved storm water detention plan.
(Public Works)
16. All sand and gravel operations shall be conducted during the hours of day light except in
the case of public or private emergency or to make necessary repairs to equipment. This
restriction shall not apply to operation of administrative and executive offices or repair and
maintenance facilities located on the property in accordance with Section 44.4.2 of the Weld
County Zoning Ordinance, as amended. (Planning Dept.)
17. The scale house or other structure shall be located so that it is accessible by all employees
of the site. It shall be equipped with a restroom with the appropriate number of toilets (per
the Unified Building Code), hand washing facilities, and a septic system. The septic system
shall be designed by a registered professional engineer, in accordance with the Weld
County Individual Sewage Disposal Regulations. (Health Dept.)
18. All construction on the property shall be in accordance with the Weld County Building Code
Ordinance. (Planning)
19. 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.)
20. 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
order to protect against and/or reduce noise, dust, and erosion. (Planning Dept.)
21. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the
reclaimed areas. (Planning Dept.)
22. 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)
23. The sand and gravel operation shall comply with operation policies identified in Section 44
Page 7
of the Weld County Zoning Ordinance.
24. 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.
25. 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.
26. 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.
27. 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.
28. 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
a DEPARTMENT OF PLANNING SERVICES
4PHONE (970) 353-6100, EXT.3540
352-63 FAX (970) 352-6312
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
III
ipe
GREELEY, COLORADO 80631
COLORADO
February 4, 1999
Sand Land, Inc.
12910 WCR 13
Longmont, CO 80504
Subject: USR-1219- Request for a Site Specific Development Plan and Use by Special Review Permit for
Open Cut Gravel Mining and Batch Plant in the (A) Agricultural zone district on a parcel of land
described as Part of the NE4 of Section 29, and the NW4 and N2 SW4 of Section 28, T4N, R67W
of the 6th P.M., Weld County, Colorado.
Dear Mr. Varra:
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 16, 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 Platteville Planning Commission
for its review and comments. Please call Town of Platteville at 970-285-2245 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.
Res�enctfully,
sip
Sheri Lockman #
Planner
FIELD CHECK inspection date: 2/17/1999
CASE NUMBER: USR-1219
APPLICANT: Sand Land, Inc.
LEGAL DESCRIPTION: Pt. of NE4 Section 29 and NW4 & N2 SW4 of
Section 28, T3N, R67W of the 6th P.M., Weld County, CO.
LOCATION: South of & adjacent to Highway 66 and adjacent to Weld
County Road 17 on the east and west
Zoning Land Use
N A (Agricultural) N Agricultural / Residential
E A (Agricultural) E Agricultural / Residential
S A (Agricultural) S Agricultural / Residential
W A (Agricultural) W Agricultural / Residential
COMMENTS: Existing homes on lots. Also oil and gas facilities. Creek runs on
west portion of property.
/ / / /0-44/iOM
Sheri Lockman, Planner
MONT
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