HomeMy WebLinkAbout20122535.tiff BEFORE THE WELD COUNTY,COLORADO.PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Robert Grand,that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for
CASE NUMBER: USR12-0020
APPLICANT: DANIEL P.DIETZLER
PLANNER: KIM OGLE
REQUEST: ASITE SPECIFIC DEVELOPMENT PLAN ANDA SPECIAL REVIEW PERMIT FOR
MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING OPEN PIT
GRAVEL MINING (SANDS. GRAVELS AND STONES) AND MATERIALS
PROCESSING (PAWNEE AGGREGATE MINE) IN THE A (AGRICULTURAL)
ZONE DISTRICT
LEGAL DESCRIPTION: PART OF THE NW4NE4 SECTION 31 AND PART OF.525E4&SE4SW4 OF
SECTION 30: ALL IN T10N, RBOW OF THE 6TH P.M., WELD COUNTY.
COLORADO.
LOCATION: NORTH AND SOUTH OF CR112,APPROXIMATELY 1,5 MILES EAST OF CR 95
be recommended favorably to the Board of County Commissboners for the following reasons-
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2 It is the opinion of the Planning Commisson Mat the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows
A. Section 23-2-220 A 1 -The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinances in effect
Section 22-5-60.B(CM.Goal 2)states.Promote the reasonable and orderly development of
• mineral resources."According to the Weld County Sand.Gravel Resources map dated July
1. 1975,the Northern part of the property is cassrfeed as F-I (Floodplain and Valley-Fill
Deposits-relatively clean and sound). Tne application materials Indicated that very little to
no topsoil exists which will be removed and stockpiled and one(1)to twenty-eight(25)feet
of aggregate material will be extracted.
Section 223.60.C(CM.Goal 3)states,-Minimize the impacts of surface and subsurface
mining activities on the surrounding land.land uses,roads and highways The applicant
will complete a Non-exclusive License Agreement and post collateral for the upgrade and
maintenance of County Road 99 right-of-way Public Works is asking the applicant to
enter into an Improvements Agreement and post collateral for all on-site and off-site
improvements associated with the Haul Route and the applicant has committed to water
for dust abatement on County Road 112.
Section 22-5-80.O1M(CM.Policy 4.f.8)states,`Require alt mining operations conform to
federal.state and local environmental standards.'
The processing area will be located west of and adjacent to County Road 99 Section with the
nearest residence apploximately1600 feet to the north-north west on lands owned by the
applicant
B Section 23-2-220.A.2—The proposed use is consistent with the intent of the(A)Agricultural
Zone Owstrict.Section 23-340A3 of the Weld County Code provides for a Site Speclfc
Development Plan and a Special Review Permit for a Mineral Resource Development
Including Open Pit Mining and Materials Processing (sand, gravel and stone) in the A
(Agricultural)Zono District
• EXHIBIT
A
4"Alo. tea,
)64�1 - �.536
RESOLUTION USR12-0029
DANIEL P. DIETZLER
PAGE 2
C . Section 23-2-220.A. 3 -- The uses which will be permitted will be compatible with the •
existing surrounding land uses. The parcels are located on a ridge top with an overall
elevation change of approximately eighty (80) feet. The proposed use would be
compatible with surrounding properties which include rangeland , pasturing of cattle and
oil and gas facilities. The historic Sligo Cemetery is sited south of County Road 112 and
adjacent to the eastern property line of the parcel located in Section 31 .
D . Section 23-2-220 .A.4 -- The uses which will 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 Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The surrounding property is primarily rangeland for the grazing of cattle and
oil and gas encumbrances .
Planning Staff believes that, with the endorsement of the Conditions of Approval, contained in
this recommendation , the approval of this use will not jeopardize the health , safety and
welfare of the surrounding property owners.
E . Section 23-2-220.A. 5 -- The application complies with Section 23-5-230 of the Weld County
Code. The proposal is not located within the Flood Hazard Overlay District area as
delineated on FIRM Community Panel Map #080266-0250C dated September 28, 1982 for
the Floodplain . A Flood Hazard Development Permit is not required . Building Permits issued
on the property will be required to adhere to the following fees.
Effective April 25 , 2011 , Building Permits issued will be required to adhere to the fee structure
of the Weld County Road Impact Program . (Ordinance 2011 -2) . ( Department of Planning
Services)
Effective April 25, 2011 , Building Permits issued will be required to adhere to the fee structure •
of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011 -2) ( Department of
Planning Services)
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. The property to be mined
contains no " Prime" agricultural lands , thus, no prime farm land will be taken out of
production with this proposal . The subject site is primarily classified as " High Potential Dry
Cropland - Prime if irrigated" and "Other Land" as delineated on the Important Farmlands of
Weld County map, dated 1979. The land is presently utilized for the grazing of livestock.
G . Section 23-2-220 .A. 7 -- The Design Standards (Section 23-2-240 of the Weld County Code) ,
Operation Standards (Section 23-2-250 of the Weld County Code) , 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 23-4-250 -- Additional requirements for Open-mining has been addressed through
this application and the Development Standards will insure compliance with Section 23-4-250
Weld County Code.
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 Planning Commission recommendation for approval is conditional upon the following :
1 . Prior to recording the plat:
A. The plat shall be amended to delineate the following : •
1 . All sheets of the plat shall be labeled USR12-0029 (Department of Planning
Services)
RESOLUTION USR12-0029
DANIEL P. DIETZLER
PAGE 3
• 2. The attached Development Standards. (Department of Planning Services)
3. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
4. County Road 99 is designated on the Weld County Road Classification Plan as
a section line road, which requires 60 feet of right-of-way at full build out.There
is presently 60 feet of right-of-way. All setbacks shall be measured from the
edge of future right-of-way. The applicant shall verify the existing right-of-way
and the documents creating the right-of-way. If the right-of-way cannot be
verified, it shall be dedicated. This road is maintained by Weld County.
(Department of Public Works)
5. County Road 112 is designated on the Weld County Road Classification Plan as a
local gravel road, which requires 60 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way. All setbacks shall be measured from the edge of
future right-of-way. The applicant shall verify the existing right-of-way and the
documents creating the right-of-way. If the right-of-way cannot be verified, it shall be
dedicated. This road is maintained by Weld County. (Department of Public Works)
6. A vehicle tracking oontrd pad consisting of a double cattle guard will be required to
prevent tracking of material from your site in the way of mud or debris on to Weld
County Roads. This needs to be placed and shown on the plat drawing across both
lanes. (Department of Public Works)
7. Setbacks to the mining operation are measured from the right-of-way or future right-
of-way lines plus the standard setback of 20 feet in the agricultural zone district. No
• structure will be allowed in the future right-of-way. (Department of Planning
Services)
8. Show the approved access on the plat and label it with the approved access
permit number (AP#). (Department of Public Works)
9. Should exterior lighting be a part of this facility, all light standards shall be delineated
on the USR Plat. (Department of Planning Services). (Department of Planning
Services)
10. Should signs be a part of this facility, all signs shall be delineated on the USR Plat.
(Department of Planning Services). (Department of Planning Services)
B. The applicant shall address the requirements of the Department of Public Works,as stated in
their referral response dated June 4, 2012. Evidence of approval shall be submitted in writing
to the Department of Planning Services. (Department of Planning Services)
C. The applicant shall complete a Nonexclusive License Agreement for the Upgrade and
Maintenance of Weld County Road Right-of-Way.(No fee)(Department of Public Works)
D. The applicant shall address the requirements of the Department of Building Inspection, as
stated in their referral response dated June 13, 2012. Evidence of approval shall be
submitted in writing to the Department of Planning Services. (Department of Planning
Services)
E. The applicant shall attempt to address the requirements of the Department of Public Health
and Environment, as stated in their referral response dated June 21, 2012. Evidence of
• approval shall be submitted in writing to the Department of Planning Services, specific to:
1. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.)
and Emissions Permit application from the Air Pollution Control Division, Colorado
Department of Health and Environment to the Environmental Health Services
RESOLUTION USR12-0029
DANIEL P . DIETZLER
PAGE 4
Division of the Weld County Department of Public Health & Environment. •
Alternately, the applicant can provide evidence from the Air Pollution Control
Division , Colorado Department of Health and Environment that they are not
subject to these requirements .
2 . The applicant shall submit a spill prevention , spill control, and spill
countermeasures plan (SPCC Plan) to the Environmental Health Services
Division of the Weld County Department of Public Health & Environment.
(Department of Public Health and Environment)
F . The applicant shall provide written evidence of an agreement stipulating that the use of the
Halliburton Energy Services Inc. , wells, permit numbers 74874-F , 74876-F, 74877-F, 74878-F
may be utilized unrestricted for the term of the mining and reclamation permit for the Pawnee
Aggregate Mine. ( Department of Planning Services)
G. The applicant shall submit a Private Improvements Agreement according to policy. The
applicant shall submit to the Department of Planning Services itemized bids for all
improvements for on and off site improvements. The agreement and form of collateral shall
be reviewed by County Staff and accepted by the Board of County Commissioners prior to
recording the Use by Special Review plat. Or the applicant may submit evidence that all the
work has been completed and approved by County Staff. ( Haul route) ( Department of Public
Works)
H . The applicant shall address the requirements of the Office of the State Engineer, Division of
Water Resources, as stated in their referral response dated June 20, 2012 . Evidence of
approval shall be submitted in writing to the Department of Planning Services. ( Division of
Water Resources)
The applicant shall address how offsite drainage will be diverted around the site. Evidence of •
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Public Works)
J . If exterior lighting is proposed the applicant shall submit a Lighting Plan with cut-sheets for
the proposed light standards to be utilized at the facility for review and approval . (Department
of Planning Services)
K. If signs are proposed the applicant shall submit a Sign Plan with sign structure dimensions
and all sign locations to be utilized at the facility for review and approval. (Department of
Planning Services)
L. The applicant shall submit written evidence that the Financial and Performance warranty has
been submitted and accepted by the Division of Mining Reclamation and Safety. (Department
of Planning Services)
2. Prior to construction :
A. Contact the Permitting/Inspection agent for Weld County Public Works for a Right-of-
Way permit for any work that may be required in the right-of-way. A special transport
permit will be required for any oversized or overweight vehicles that may access the site
and may also be obtained through the same office . ( Department of Public Works)
B . If more than 1 acre is to be disturbed for a scale and/or office facility, a grading permit will be
required prior to the start of construction . The grading permit application must contain an
erosion and sediment control pt3t a grading plan , installation details of all BMPs to be
utilized , typical installation and maintenance notes for all BMPs to be utilized , and a copy of
the approved COPHE stormwater permit. ( Department of Public Works) •
C. A building permit is required for buildings and structures which require permits before the
beginning of construction . (Department of Building Inspection)
RESOLUTION USR12-0029
DANIEL P. DIETZLER
PAGE 5
• D. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County: 2006
International Building Code; 2006 International Mechanical Code; 2006 International
Plumbing Code; 2006 International Energy Code; 2006 International Fuel Gas code; 2011
National Electrical Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld
County Code. (Department of Building Inspection)
3. The Special Review activity shall not occur nor shall any building 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. (Department of Planning Services)
4. The attached Development Standards for the Special Review Permit shall be adopted and placed on
the Special Review Plat prior to recording. The completed plat shall be delivered to the Weld County
Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's
Office within one hundred twenty (120) days of approval by the Board of County Commissioners.
(Department of Planning Services)
5. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not
be recorded within the required one hundred twenty (120) days from the date the Board of County
Commissioners resolution a$50.00 recording continuance charge shall added for each additional 3
month period. (Department of Planning Services)
Motion seconded by Benjamin Hansford.
VOTE:
For Passage Against Passage Absent
• Robert Grand
Bill Hall
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
Joyce Smock
Jordan Jemiola
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on August 22, 2012.
Dated the 22nd of August, 2012.
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Dieter Construction Corporation
Pawnee Aggregate Pit •
USR12-0029
1 A Site Specific Development Plan and Special Review Permit for a Mineral Resource Development
Including Open Pit Mining and Materials Processing(sand,gravel and store).in the A(Agricultural)
Zone Disthct. as indicated in the application materials on file and subject to the Development
Standards stated hereon (Department of Planning Services)
2. Approval of this plan may create a vested property light pursuant to Section 23.9-10 of the Weld
County Code.(Department of Planning Services)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5.C.R.S..as amended)shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
4 No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities ACT 30-20-100.5,C.R.S.,as amended (Department of Public Health and Environment)
5 Waste materials shall be handled.stored,and disposed in a manner that controls fugitive dust.
fugitive particulate emissions.blowing debris,and other potential nuisance conditions.(Department of
Public Heath and Environment)
6 The applicant shall operate in accordance with the approved'waste handling plan`.at all times.
(Department of Public Health and Environment)
7 The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank •
Regulations(7 CCR 1101-14) (Department of Public Health and Environment)
S. My vehicle washing areas shall capture all effluent and prevent discharges from drum washing and
the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control
Commission, and the Environmental Protection Agency (Department of Pubic Health and
Environment)
9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved'dust abatement plan'.at all times.(Department of Public
Health and Environment)
10. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
11 Adequate drinking,handwashing and toilet facilities shall be provided for employees and patrons of
the facility.at all times. Portable toilets and Bottled water are acceptable ellowedirsacceafai cewilh
Environmental Health Play 2 2.K as attached (Department of Public Health and Environment)
12 Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to Individual Sewage Disposal Systems.(Department of Public Health and Environment)
13. The applicant shall remove.handle,and stockpile overburden,soil,sand and gravel from the facility
area in a manner that will prevent nuisance conditions (Department of Public Health and
Environment)
14. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with •
product labeling and in a manner that minimizes the release of hazardous air pollutants(HAP's)end
volatile organic compounds(VOC's) (Department of Public Health and Environment)
RESOLUTION USR12-0029
DANIEL P.DIETZLER
PAGE7
15. The Spill Prevention.Control and Countermeasure Plan shall be available on site. at all times
• (Department of Public Health and Environment)
16. If applicable,the applicant shall obtain a stormwater discharge permdtrom the Colorado Department
of Public Health&Environment Water Quality Control Division.(Department of Public Health and
Environment)
17 If applicable,the applxantshall obtain a Colorado Discharge Permit System or COPS permit from the
Colorado Department of Public Health and Environment(CDPH&E).Water Quality Control Division
(Department of Public Health and Environment)
18 The operation shall comply with all applicable rules and regulations of the Colorado Division of
Reclamation Mining and Safety.(Department of Public Heath and Environment)
19. The operation shall comply with the Mine Safety and Health Act (MSHA)(Department of Public
Hearth and Environment)
20. The operation shall comply with the Occupational Safety and Health Act.(OSHA)(Department of
Public Health and Environment)
21. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code.(Department of Public Health and Environment)
22. 'No Trespassing'signs shall be posted and maintained on the perimeter fence to dearly identify the
boundaries of the site.(Department of Planning Services)
• 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.(Department of Planning Services)
24. Section 23-4-290.6 of the Weld County Code limits the hours of operation for sand and gravel
operations to the hours of day light except in the case of public or private emergency or to make
necessary repairs to equipment.Hours of operation may be extended With specific permission from
the Weld County Board of County Commissioners. This restriction shall not apply to operation of
administrative and executive offices or repair and maintenance facilities located on the property.
(Department of Planning Services)
25. Existing vegetation and ground cover along public road frontage and drainage ways snail 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.(Department of Planning Services)
26. Where topsoil is removed.sufficient arable soil shall be set aside for re-spreading over the reclaimed
areas.(Department of Planning Services)
27. Should noxious weeds exist on the property or become established as a result of the proposed
development the applicant/landowner shall be responsible for conlydling the noxious weeds,
pursuant to Section 15.1-150.(Department of Public Works)
28 The histonc flow patterns and run-off amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to fun-off rate and velocity increases,diversions,concentration and/or pending of
storm run-off (Department of Public Works)
26- in the event-that 4-or-more acres are disterbed-decing-the-eenetreetien-and development of this
e4e:theapgwanteha9 obtain a stormwater dischargepena4frera4heWater.Qualiy Control Division
of-;he-Celerade-Department of-Public Health-and Environment—(9epartmentof Pohl ic Works)
• 30 Weld County is not responsible for the maintenance of on-site drainage related features.
(Department of Public Works)
RESOLUTION USR12-0029
DANIEL P. DIETZLER
PAGE 8
31 . A building permit is required for buildings and structures which require permits before the beginning of
construction . ( Department of Building Inspection)
32 . Buildings shall conform to the requirements of the various codes adopted at the time of permit
application . Currently the following has been adopted by Weld County: 2006 International Building
Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International
Energy Code; 2006 International Fuel Gas code; 2011 National Electrical Code; 2003 ANSI 117 . 1
Accessibility Code and Chapter 29 of the Weld County Code . ( Department of Building Inspection)
33. Effective April 25, 2011 , Building Permits issued on the proposed lots will be required to adhere to the
fee structure of the Weld County Road Impact Program . (Ordinance 2011 -2) (Department of Planning
Services)
34 . Effective April 25, 2011 , Building Permits issued on the proposed lots, will be required to adhere to the
fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011 -2 ) ( Department
of Planning Services)
35. Should human remains be discovered during mining activities, the requirements under State law
C. R . S . part 13 apply and must be followed . ( Department of Planning Services)
36. The number of employees associated with the daily operations is limited to 5 persons per shift.
(Department of Planning Services)
37 . The hours of operation are 7 : 00AM to 5: 00PM Monday through Friday, May 1st through October 31st
of any given year. ( Department of Planning Services)
38. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240 of the Weld County Code.
39. The property owner or operator shall be responsible for complying with the Operation Standards of •
Section 23-2-250 of the Weld County Code.
40. The property owner or operator shall be responsible for complying with the Open-mining Standards of
Section 23-4-250, Weld County Code.
41 . Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment 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 Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services)
42. 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 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.
43. In accordance with Section 23-2-200. E of the Weld County Code, if the Use by Special Review has
not commenced from the date of approval or is discontinued for a period of three (3) consecutive
years, it shall be presumed inactive. The county shall initiate an administrative hearing to consider
whether to grant an extension of time to commence the use or revoke the Use by Special Review. If
the Use by Special Review is revoked , it shall be necessary to follow the procedures and
requirements of Division 4 of the Weld County Code in order to reestablish any Use by Special
Review. ( Department of Planning Services)
44 . 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. ( Department of Planning
Services)
RESOLUTION USR12-0029
DANIEL P. DIETZLER
PAGE 9
• 45. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness,wildlife, lack of city noise and congestion,and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning;flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved"out of the way"of residential development.
• When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size(twice
the size of the State of Delaware)with more than three thousand seven hundred(3,700)miles of state
and county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County,and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed, will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches,electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock,and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
•
SjziftZ
• SUPAMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday,August 21,2012
to A regular meeting of the Weld County Planning Commission was held in the Weld CbuntyAdministration
Building,Hearing Room,1150 O Street Greeley,Colorado. The meeting was called to order by Chair.Jason
Maxey.[p at 130 p.m.
R, Roll Call.
Present:Benjamin Hansford.Jason Maxey,Jordan Jemiola,Joyce Smock,Mark Lawley;Nick Berryman,
Robert Grand.
Absent/Excused:Bill Hall.
Also Present:Kim Ogle,Chris Gathman,and Tom Parko,Department of Planning Services;Don Carroll and
Heidi Hansen,Department of Public Works:Lauren Light and Troy Swain.Department of Health:Brad Yatabe,
County Attorney,and Kris Ranslem.Secretary.
El Motion:Approve the August 7,2012 Weld County Planning Commission minutes,Moved by Robert
Grand,Seconded by Joyce Smock.
Motion passed unanimously.
CASE NUMBER: USR12-0029
APPLICANT: DANIEL P.DIETZLER
PLANNER: KIM OGLE
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR
MINERAI. RESOURCE DEVELOPMENT FACILITY INCLUDING OPEN PIT
• GRAVEL MINING (SANDS, GRAVELS AND STONES) AND MATERIALS
PROCESSING[PAWNEE AGGREGATE MINE] IN THE A(AGRICULTURAL)
?ONE DISIRIC I
LEGAL DESCRIPTION: PART OF THE NW4NE4 SECTION 31 AND PART OF S2SE4&SE4SW4 OF
SECTION 30; ALL IN TION, ROOW OF THE 6TH P.M.. WELD COUNTY,
COLORADO.
LOCATION: NORTHANDSOURI OF CAt 112;APPROXIMATELY 1.5 MILES EAST OF CR 95.
e-x Kim Ogle, Planning Services; presented Case USR12.0029. reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards.
ID Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and
requirements of the site. They havoasked the applicant toenterintoa Non-Exclusive Licanse Agreement for
the upgrade and maintenance of that section of CR 99 Section Line Road tat they will be accessing. An
Improvements Agreement will be required to establish a haul route and rot any improvements coming out of
the mining site.
e Lauren Light.Environmental Health,reviewed the public water and sanitary saver requirements.on-site
dust control,and the Waste Handling Plan. Ms.Light recommended that Development Standard I1 be
amended to read'Adequate drinking.handwashing and toilet facilities shall be provided for employees and
patrons of the facility;at all times. Portable toilets and Bolted water are acceptable'
In addition.Ms.Light stated that Development Standards 16 and 29 are duplicated;therefore one of those can
be deleted.
• Motion:Amend Development Standard 11 per Staff recommendation,Moved by Robert Grand,Seconded
by Nick Berryman.
Motion passed unanimously. EXHIBIT
151Zi 0-07,1
Motion: Delete Development Standard 29 and renumber accordingly, Moved by Benjamin Hansford,
Seconded by Joyce Smock.
Motion passed unanimously.
U Mickey Leyba-Farnsworth, 1605 Orion Place, Longmont, Colorado stated that they have read all the
conditions of approval and development standards and have no issues with complying with those
requirements. In addition , Ms. Leyba-Farnsworth stated that they have been working with the State Division of
Reclamation and Mining and did receive written approval. They are working on getting their performance and
financial warranties in place and should have those in order in the next couple of weeks so that they can
receive their official permit.
In response to Commissioner Smock's inquiry, Ms. Leyba-Farnsworth stated that there will be 50 to 60 trips
per day.
tJ The Chair asked if there was anyone in the audience who wished to speak for or against this application .
Brian Kennison , 47765 CR 112, clarified that there is no house where this mine site is going to be so no one
can live there. Mr. Kennison referred to the application where it states that there are no nearby residences;
however he stated that he lives 0.4 tenths of a mile from the proposed gravel pit. He added that he has young
children and is concerned with the traffic and dust. Mr. Kennison stated that the road has been nearly
impassable most of the time and requested that mag chloride be applied to the road .
Commissioner Grand asked Mr. Carroll if Mr. Kennison's issues will be resolved in the Improvements
Agreement. Mr. Carroll replied that with issues like this the Public Works Department requests that mag
chloride is applied to the road on 300 feet of either side of the front of the residence. He added that truck
• turning and bus signs may also be posted .
CJ Ben Warren lives to the west of Mr. Kennison approximately 1 mile. He is also concerned with the dust
and the number of trucks on the road . He noted a new water hauling facility at County Roads 95 and 118 and
said that the truck traffic will increase. The cattle in the corral are breathing that dust all the time. He believes
that there
there should be a schedule on controlling the dust rather than on an as needed basis.
El Ms. Leyba-Farnsworth said that the actual area of disturbance proposed is 66.6 acres and not the entire
site. With regard to truck traffic, the haul routes will be determined and the applicant is committed to whatever
it will take to maintain dust control. Ms. Leyba-Farnsworth said that there are specific haul routes and trigger
points for applying mag chloride with regard to the water hauling facility mentioned .
The Chair asked the applicant if they have read through the amended Development Standards and Conditions
of Approval and if they are in agreement with those. The applicant replied that they are in agreement.
IR Motion : Forward Case USR12-0029 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval , Moved by Robert Grand, Seconded by Benjamin Hansford .
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes : Benjamin Hansford , Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman , Robert
Grand. � q
CJ CASE NUMBER: USR12-0041
APPLICANT: LARRY D JOHNSON LIVING TRUST
PLANNER: CHRIS GATHMAN
• REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN AGRICULTURAL SERVICE ESTABLISHMENT PRIMARILY
ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR
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