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HomeMy WebLinkAbout961653.tiff INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Western Mobile Northern Case Number:2nd AmUSR-247 Submitted or Prepared Prior to Hearing At Hearing 1. DPS Recommendation X 2. Legal Notification X 3. Application X 4. Weld County Sheriff Department Referral, 6-26-96 X 5. Office of the State Engineer Referral, 7-22-96 X 6. City of Greeley Planning Dept. Referral, 7-31-96 X 7. Weld County Health Deptartment. Referral, 7-31-96 X 8. Weld County Public Works Department Referral 7-31-96 X 9. Corps of Engineers Referral, 7-2-96 X 10. Western Hills Fire Protection District Referral, 7-5-96 X 11. DPS Field Check X 12. Planning Technician Maps X 13. Fax from Matthew Hoag, 8-6-96 X 14. Surrounding Property Owner Notification X 15. Deed X 16. Soil Survey X 17. Letter from Wayne W. Larsen X I hereby certify that the 17 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 August 7, 199 (� Shard L. Eastin, Current P anner STA1F MFJf 9iLORADO ) `. K ) A ��11TTAppp 1 ;$1446CRIBEO$lQSWeRN TO BEFORE ME THIS day of a�,fjt..1f19 �•� E (/I orF OF CO�OQP` N ARY PUBLIC My GllfrmC-0111,Expires .MY COMMISSION EXPIRES MARCH 4, 1997 t 961653 Hearing Date: August 6, 1996 PLANNER: Shani L. Eastin CASE NUMBER: 2nd AmUSR-247 NAME: Western Mobile Northern ADDRESS: C/O John Pinello P.O. Box 2187 Ft. Collins, CO 80522 REQUEST: A Site Specific Development Plan and Special Review Permit for a wet sand and gravel mining operation in the A (Agricultural) zone district. LEGAL DESCRIPTION: A Tract of land located in Section 34 and 35, T6N, R66W of the 6th P.M., Weld County, Colorado LOCATION: West of and adjacent to 35th Avenue; approximately 1/4 mile north of "F" Street 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. This proposal is consistent with the Weld County Comprehensive Plan, as amended, Natural 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. b. The 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 areas as permitted by the Weld County Comprehensive Plan, as amended. Surrounding land uses is • • s - EXHIBIT 961653 2nd AmUSR-247 Western Mobile Northern Page 2 Cache La Poudre River, agricultural production, sand and gravel mining, a residential subdivision and numerous residences. d. Special Review Permit Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and county. e. Portions of the subject site are in the Flood Hazard Overlay District area. Development Standards and Conditions of Approval address this issue. 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. The following note shall be placed on the plat: 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. 4. The Western Hills Fire Protection District requires that a 20 foot access road be constructed as all weather surfaces and maintained during all phases of the project and during all seasons to the wells and well facilities. 961653 2nd AmUSR-247 Western Mobile Northern Page 3 5. The siting of mining and associated equipment shall be kept at least 150 feet from the oil wells and related production equipment and tanks. 6. Prior to any work at this site, the property should be examined for wetlands pursuant to Section 404 of the Clean Water Act. Any wetlands should be delineated and mapped on the plat map. Prior to any work in an existing wetland the Department of the Army should be contacted for proper permits. 7. Prior to recording the plat: a. The diking around the tanks shall be evaluated by the owner of the well and a report forwarded to the Western Hills Fire Protection District regarding the size of the dike, its containment capability, and the ongoing maintenance program of said diking. A copy of this report shall be submitted to the Department of Planning Services. b. The applicant shall provide to the Western Hills Fire Protection District a site plan of the access roads to the well heads in the mining area and also the roadways to the production facilities and tanks. A copy of the site plan shall be submitted to the Department of Planning Services. c. The applicant shall enter into a road Maintenance and Improvements Agreement with the Weld County Public Works Department for haul routes south from the main entrance to the Greeley City limits ("F" Street), and north from the main entrance to the Greeley City limits ("0" Street). This agreement shall be approved by the Board of County Commissioners. d. 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. e. The applicant shall submit any necessary air permit modification or Air Pollution Emissions Notices to the Air Pollution Control Division, Colorado Department of Public Health and Environment. The site shall operate in accordance with all applicable rules and regulations of the Air Pollution Control Division. A copy of the approved air permit modifications shall be submitted to the Department of Planning Services. 961.653 2nd AmUSR-247 Western Mobile Northern Page 4 f. The operator shall review the current dust abatement program and submit an updated plan for approval by the Weld County Health Department. An approved copy shall be submitted to the Department of Planning Services. g. An individual sewage disposal system shall be installed according to the Weld County I.S.D.S. Regulations for the office, shop building, concrete plant, and any other structure constructed on the site in which people will be working, congregating, bathing, etc. Portable toilets may be utilized on sites which are temporary locations of the crusher, ets. for up to six months at each location. h. The applicant shall work with the Poudre River Trail Corridor Board to designate a trail alignment. The agreed-upon Poudre Trail alignment shall be shown on the plat. 8. The plat shall be amended to show the following: a. The extraction plan map shall be amended to show the locations of all roads, well heads and production facilities. b. The transmission and collection lines for the oil and gas operation shall be shown and indicated on the extraction plan map. c. The typical cross section of 35th Avenue shall be shown on the plat. The cross section shall contain the following items: 1. Identify the right-of-way dedication. 2. Length, width and taper of acceleration and deceleration lanes. 3. Depth of asphalt and base for acceleration and deceleration lanes. 4. Overall dimension from right-of-way to edge of pond to verify all set-back requirements. d. The scale under the earth dike cross section on the Rehabilitation Plan map, shall be amended to match the drawing. e. The applicant shall show on the plat an acceleration and deceleration lane to the site from 35th Avenue. 961.653 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Western Mobile Northern 2nd AmUSR-247 1. The Site Specific Development plan and Special Review permit is for a 368.966 acre, more or less, wet 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. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance, as amended. 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. 4. 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 Cache La Poudre 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. "No Trespassing" signs shall be posted on the perimeter fence and maintained to clearly identify the boundaries of the Special Review Site. 6. All water used in the mining operation shall be permitted or decreed for commercial or industrial uses. 7. No excavation shall be permitted within 50 feet of the Cache La Poudre River and within 10 feet of all other boundary lines. Access to the operation will be as shown on the Special Review plat. 8. The operation shall be a wet-pit operation. Crushing equipment will be required on the site. 961653 2nd AmUSR-247 Western Mobile Northern Page 2 9. Hours of operation shall be from 6:00 a.m. to 10:00 p.m. 10. Fencing, where required, shall be standard chain link with three top strands of barbed wire. Fencing shall be a minimum of 6 feet high. 11. An earthen dike for flood prevention shall be formed along the north and west property lines or river. 12. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 13. No permanent disposal of wastes shall be permitted at this site. 14. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 15. Fugitive dust shall be controlled on this site. 16. 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. 17. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. 18. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 19. 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. 20. 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. 21. 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. 961653 2nd AmUSR-247 Western Mobile Northern Page 3 22. 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 Services. 23. 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. 961653 FIELD CHECK inspection date: July 25, 1996 CASE NUMBER: 2ndAmUSR-247 APPLICANT: Western Mobile Northern LEGAL DESCRIPTION: A tract of land located in section 34 and 35, T6N, R66W of the 6th P.M., Weld County, Colorado LOCATION: West of and adjacent to 35th Avenue; approximately 1/4 mile north of "F" Street ww W -. w csnir Land l e N R- I (Residential), A N Rangeview Estates Subdivision, Agricultural (Agricultural), City of Production, Cache La Poudre River Greeley E City of Greeley E Sand and Gravel Mining, ponds, Residence S A (Agricultural) S Residences, Sand and Gravel Mining, Oil and Gas Productions, Railroad W A (Agricultural), City of W Agricultural Production Greeley — COMMENTS: Subject site has some previous sand and gravel mining. Access to the property is from 35th Avenue. A berm is currently on the property along the eastern portion of the site parallel to 35th Avenue. The property is relatively flat. The Cache La Poudre River runs along the northern portion of the subject site. 7 ��p \�)1-1,0_ A `47' -, - Shani L. Eastin, Cdrrent Planner EXHIBITi IF ?Ia jtm U-awl 961653 Hello