HomeMy WebLinkAbout972798.tiff INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION
Applicant: Hall-Irwin Construction Company Case Number: USR-1172
Submitted
Prior Submitted
to Hearing At Hearinct;,,
1. DPS Staff Recommendation X a
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2. Legal Notification X —I r
3. Application' X rn :0_
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4. Referral Department of Army, dated Oct. 17, 1997 X -1 1
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5. Referral Adams County, dated Oct. 10, 1997 X O%
6. Referral Weld County Public Works Dept., dated Oct.2, 1997 X
7. Referral Weld County Health Dept., dated Oct. 3, 1997 X
8. Referral Division of Water Resources, dated Oct. 1, 1997 X
9. Referral Division of Wildlife, dated Oct. 10, 1997 X
10. Planning Technician Maps X
11. Surrounding Property Owner Notification X
I hereby certify that the 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/, 1997.
Shani L. Eastin,,Current Plan er
STATE OF COLORADO )
COUNTY OF WELD ) l /�`]
SUBSCRIBED AND SWORN TO BEFORE ME THIS ay of 7 /( ) 11(9��n�`/ /.
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Page I, 11SR-I 172 •r, •
Antes STAFF RECOMMENDATION
USR II72
Hall-Irwin Construction Company
COLORADO
HEARING DATE: November 4, 1997
PLANNER: Shani L. Eastin
CASE NUMBER: USR-1172
NAME: Hall-Irwin Construction Company
ADDRESS: 3026 Fourth Avenue
Greeley, CO 80631
REQUEST: A Site Specific Development Plan and Special Review Permit for a Dry Sand and
Gravel Mining Operation in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: W2NW4 of Section 31, SE4 and S2NE4 of Section 36 all in TIN,
R67W of the 6th P.M., Weld County, Colorado
LOCATION: North of and adjacent to Weld County Road 2; East of and adjacent to Weld
County Road 231/2
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' 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 - 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." This proposal encourages the extraction of
mineral resources prior to any development on the site. The site has not been
developed. Currently the site is fenced pasture land. T. Policy 4.4 further states,
"The County should emphasize maintenance and upgrading of existi
• transportation facilities over the provision of new facilities in order to protect i
investment." A road maintenance agreement between Adams County and t t
applicant will ensure that adequate maintenance of Weld County Road 2 is adhere m
to. A.Goal 5. also states that the extraction of mineral and oil and gas resoure:
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should preserve or minimize the impact on prime agricultural land. The subject
property is not prime farm ground. The impact on surrounding agricultural areas
will be minimal.
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.
b. Section 24.3.1.2 - The proposal is consistent with the intent of the Agricultural
Zone District and is provided for as a Use by Special Review.
c. Section 24.3.1.3 - The uses permitted will be compatible with the existing
surrounding land uses and with the future development of the surrounding areas as
permitted by the Weld County Comprehensive Plan, as amended. Surrounding land
uses include two residences to the west, residential uses and the South Platte River
to the east, pasture land to the north, Adams County and sand and gravel mining
to the south. Adams County reviewed this request and offer comments that have
been incorporated into the Conditions of Approval.
d. Section 24.3.1.4 - That the uses which would be permitted 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. The surrounding zoning is predominantly
agricultural which would encourage sand and gravel mining to occur prior to the
development of the property.
e. Section 24.3.1.5 - That the application complies with the Weld County Zoning
Ordinance, Section 50, Overlay District Regulations. Portions of the subject site
are in the Flood Hazard Overlay District Area as identified on FEMA Community
Panel 080266 0995 C and 080266 0983 C dated September 28, 1982.
Development Standards and Conditions of Approval address this issue.
f. Section 24.3.1.6 - That the applicant has demonstrated a diligent effort has been
made to conserve productive agricultural land in the locational decision for the
proposed use. The subject property is not considered prime farm ground.
g. Section 24.3.1.7- That adequate provisions for the protection of the health, safety
and welfare of the inhabitants of the neighborhood and the county have been
addressed. Conditions of Approval and the Development Standards will ensure
public safety and welfare.
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.
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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
Cominissioners.(Planning)
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. (Planning)
3. Prior to any activity in wetlands or streams the applicant shall contact the Department of
the Army Corps of Engineers. (Planning)
4. The applicant shall apply for and obtain a Flood Hazard Development Permit for any use
that lies in the floodplain as identified on FEMA Community Panel 080266 0983 C and
080266 0995 C, dated September 28, 1982. (Planning)
5. Prior to recording the plat:
a. The applicant shall enter into a Road Maintenance and Improvements Agreement
with Adams County for haul routes east from the entrance on Weld County Road •
2 (168th Avenue) to State Highway 85. A copy of an approved agreement shall be
submitted to the Department of Planning Services. (Planning)
b. The plat shall be amended to show the detail of the entrance specifically identifying
the acceleration and the deceleration lanes with lengths and tapers to accommodate
tractor-trailer traffic. (Public Works/Planning)
c. 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.(Health Dept.)
d. An Air Pollution Emission Notice and emission permit shall be obtained from the
Air Pollution Control Division of the Colorado Department of Public Health for
emissions from the mining operations. The site shall operate in accordance with
al applicable rules and regulations of the Air Pollution Control Division. (Health
Dept.)
e. The operator shall submit a dust abatement plan to the Weld County Health
Department for review and approval. A copy of the approved plan shall be
submitted to the Department of Planning Services. (Health Dept.) 972 9g
Page 4, USR-I 172
f. The plat map shall be amended to show an additional dedicated 20 feet of right-of-
way from the center line of Weld County Road 2 for a total of 50 feet. (Public
Works)
g. The applicant shall submit to the Department of Planning Services a well mitigation
plan. The plan shall address and insure ground water levels, well protection, and
water delivery for surrounding well users. The plan shall also address procedures
to mitigate any well damages. (Planning)
h. The applicant shall submit written evidence that all concerns as stated in
documentation submitted from Bataa Oil, Inc., to the Department of Planning
Services have been adequately addressed. (Planning)
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Page 5, I'SR-I 172
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Hall-Irwin Construction Company
USR-1172
1. The Site Specific Development Plan and Special Review Permit is for a 201.61 acres,
more,or less, Dry Sand and Gravel Mining Operation 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.(Planning)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the
Weld County Zoning Ordinance.(Planning)
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, as amended. Any violation
of these regulations shall be grounds for cancellation of the permit.(Planning)
4. All Operations on said described parcel shall be in conformance with the Weld County
Flood Regulations including: (Planning)
a. No fill, berms, or stockpiles shall be placed in the one hundred (100) year flood
plain of the South Platte River 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
flood proofed to avoid creation of a health hazard. Following completion of
mining, all temporary buildings shall be removed.
5. 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.)
6. No permanent disposal of wastes shall be permitted at this site.(Health Dept.)
7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.(Health Dept.)
8. Fugitive dust shall be controlled on this site.(Health Dept.)
9. 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.)
10. 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.)
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Page 6. ()SR-I 172
l I. No permanent structures are proposed for this site. Portable toilets may be utilized on
sites which are temporary locations of the working face and portable processing
equipment, etc. for up to six months at each location. (Health Dept.)
12. Drinking water shall be supplied at the aggregate processing plants by delivered bottled
water. (Health Dept.)
13. The facility must comply with the rules and regulations of the Colorado Division of
Minerals and Geology. (Health Dept.)
14. There will be no heavy hauling permitted on Weld County Road 23' adjacent to the
proposed gravel operation. All ingress and egress to the site will occur onto Weld County
2 (168th Avenue). (Public Works)
15. All construction on the property shall be in accordance with the requirements of the Weld
County Building Code Ordinance. (Planning)
16. 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)
17. 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)
18. 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)
19. The Special Review area shall be limited to the plans shown hereon and governed by 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
Sery ices.(Planning)
20. The property owner or operator shall he 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)
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