HomeMy WebLinkAbout20120115 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Jason Maxey, 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: USR11-0020
APPLICANT: Miller Family Investments, LLC
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Mineral
Resource Development Facility, including open pit gravel mining (sands, gravels
and stones) and Materials Processing in the A (Agricultural)Zone District.
LEGAL DESCRIPTION: E740' NE4 Section 12,T8N, R66W of the 6th P.M.,Weld County, Colorado.
LOCATION: South of and adjacent to CR 96; west of and adjacent to CR 37.
be recommended favorably to the Board of County Commissioners 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.
The applicant, Miller Family Investments, owns this 40 acre parcel which they intend to extract the
mineral resource. Of this total permit area, approximately 8.74 acres has historically been mined for
road base. This old disturbance was before state permitting requirements and was never permitted.
The proposal includes a crushing facility utilizing existing material to be crushed, stockpiled and
dispersed by truck to job sites. There will be no concrete or asphalt batch plant at this location.
2. It is the opinion of the Planning Commission that 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 22-5-80.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, is classified as VI (Water deposited gravel, sand, silt and clay along present stream
coarses, and the material is predominately gravel that is clean and sound). The application
materials indicate that the applicant, Miller Family Investments has applied for a Special 112
Construction Materials permit for the Lone Tree Pit, M-2010-047 from the Colorado Division
of Reclamation and Mining Safety. . The estimated thickness of gravel-bearing zones varies
from between 8 and 20 feet in depth over the entire site, with the overburden layer between
0-3 feet in depth. The material will be transported to the gravel processing area, crushed,
screened and stockpiled until such time as the material is sold and trucked from the site.
Section 22-5-80.8(CM.Goal 3)states, "Minimize the impacts of surface mining activities on
surrounding land uses, roads and highways."
The applicant submitted a Landscape (seeding) Plan that specifically addresses wind and
water erosion of disturbed areas and wind erosion of stockpiled materials. Further, the
applicant shall demonstrate that the impacts to County Road 37 and adjacent haul route
roads from these mine related activities will have minimal impact to the road to the traveling
public. The application materials indicate that Drainage and Erosion control plans are in
place to control run-off from the processing area. Dust control will be accomplished by
utilizing a water truck, with water obtain from a construction tap from North Weld County
Water District located in the Town of Pierce and transported to the site as needed. Further,
the applicant has indicated that a Storm Water Management Plan (SWMP) and Best
Management Practices(BMP)Plan are in place along with the erosion control methods to be
used at the mining site.
• EXHIBIT
2012-0115 USel -Cow
Resolution USR11-0020
Miller Family Investments, LLC
Page 2
• Section 22-5-80.D.1.h (CM.Policy 4.1.8) states, "Require all mining operations conform to
federal, state and local environmental standards."
CM.Policy 4.1.5. Require, where possible, that batch plants and processing equipment be
buffered from adjacent uses.
Sand and gravel processing equipment and material stockpiles will be located in the middle
of the site utilizing an existing access that has been upgraded for mining operations. The
processing area is approximately 5 feet below the existing County Road 37 elevation.
B. Section 23-2-220.A.2-- The proposed use is consistent with the intent of the(A)Agricultural
Zone District. Section 23-3-40.A.3 of the Weld County Code provides for a Site Specific
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) Zone District
C. Section 23-2-220.A.3-- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The site is currently utilized as non-irrigated pastureland and is surrounded by pasture and or
farmland to the south, west and east and to the North is the North Pierce Gravel Mine,
permitted by Weld County (USR-1716) The nearest residence is located approximately
2400 feet to the North of the proposed mine location.
The application materials indicate that concurrent reclamation consists of re-grading and
placement of topsoil materials. Reseeding will be done with native drought tolerant grass
seed mixes. Access is from County Road 37 an existing graded gravel road maintained by
• Weld County through a double cattle guard at the gate entrance and into the site.
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.
This mining location is not within the urban growth boundary area and 3-mile referral area for
any municipality. The nearest municipality is the Town of Pierce which is approximately 3.5
miles southwest of the proposed Lone Tree mine site.
E. Section 23-2-220.A.5-- The application complies with Section 23-5-230 of the Weld County
Code.
The proposed facility does not lie in a FEMA designated floodplain or floodway. The Lone
Tree Creek channel is an ephemeral stream that is typically dry all year, flowing only after
larger rainstorms, bisects the site. A FIRM Community Panel Map does not map this
location; therefore, a Flood Hazard Development Permit will not be required. Building
Permits issued will be required for all on-site electrical facilities and associated equipment.
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 subject site is primarily classified "Other Lands" as delineated on the Important
Farmlands of Weld County map, dated 1979. Section 22-5-80A.1.CM.Policy 1.1. states
"Access to future mineral resource development areas should be considered in all land use
• decisions in accordance with state law. No County governmental authority which has control
over zoning shall, by zoning, rezoning, granting a variance or other official action or inaction,
permit the use of any area known to contain a commercial mineral deposit in a manner which
would interfere with the present or future extraction of such deposit by an extractor."
Resolution USR11-0020
Miller Family Investments, LLC
Page 3
• 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 have been addressed through
this application and the Development Standards will ensure 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 applicant shall submit written evidence from the Division of Reclamation, Mining and
Safety Division that the applicant has submitted a Performance Warranty and Financial
Warranty for the Lone Tree Pit and that the Reclamation Permit for the mine is accepted
(DRMS)
B. The applicant shall submit a detailed signage plan to the Department of Planning Services in
compliance with the Weld County Code. (Department of Planning Services)
C. The applicant shall attempt to address the concerns of the Colorado Parks Wildlife(CPAW)
as indicated in their referral dated October 7, 2011. Evidence of such must be submitted to
the Department of Planning Services. (CPAW)
• D. The applicant shall address the requirements(concerns)of the Department of Public Works,
as stated in their referral response dated October 26, 2011. (Department of Planning
Services)
E. The applicant shall submit a waste handling plan, for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health& Environment. The plan
shall include at a minimum, the following:
1. The waste handler and facility where the waste will be disposed (including the
facility name, address, and phone number). (Department of Public Health and
Environment)
F. 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, if applicable. (Department of Public Health and Environment)
G. The applicant shall to enter into an Improvements Agreement and post collateral for all on-
site and off-site improvements. The proposed haul route is County Road 37 south to CR 94,
then County Road 94 east to County Road 39, then County Road 39 south to County Road
90. In the event that haul truck traffic, in excess of 15%of the daily facility truck trips, utilizes
alternate haul routes,the County will determine the proportionate share of dust control and/or
paving costs to be paid by the applicant based upon then current truck trip counts that identify
traffic loading due to applicant-sourced traffic. The amount and extent of dust control and/or
paving measures will be determined by site-specific conditions at the time, as determined
exclusively by County personnel. (Department of Public Works)
H. The plat shall be amended to delineate the following:
• 1. All sheets of the plat shall be labeled USR11-0020. (Department of Planning
Services)
Resolution USR11-0020
Miller Family Investments, LLC
Page 4
• 2. The location and size of any on-site signs. (Department of Planning Services)
3. The approved Landscape Plan. (Department of Planning Services)
4. If exterior lighting is a part of this facility, all light standards shall be delineated in
accordance with Section 23-3-250.6.6 of the Weld County Code. (Department of
Planning Services)
5. Oil and Gas encumbrances including gathering lines with appropriate setbacks shall
be delineated on the plat. (Department of Planning Services)
6. Section 23-3-250.A.6 of the Weld County Code addresses the issue of trash
collection areas. Areas used for storage or trash collection shall be screened from
adjacent public rights-of-way and all adjacent properties. These areas shall be
designed and used in a manner that will prevent wind or animal scattered trash.
(Department of Planning Services)
7. A tracking control device is required to prevent the tracking of mud onto the county
road. The tracking control device should be a double cattle guard or the equivalent.
(Department of Public Works)
8. A 60 foot radius is required on all accesses to public roads for accesses designed to
accommodate truck traffic. {A minimum effective turning radius of sixty(60)feet shall
be used for accesses intended to accommodate truck traffic. (Weld County
Codification Ordinance 2000-1)} Section 8-2-40B. Road access design standards.
(Department of Public Works)
• 9. County Roads 96 and 37 are designated on the Weld County Road Classification
Plan as local gravel roads, which require 60 feet of right-of-way at full build out. The
applicant shall verify and delineate on the plat the existing right-of-way and the
documents creating the right-of-way. All setbacks shall be measured from the edge
of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated.
These roads are maintained by Weld County. (Department of Public Works)
2. Prior to operations commencing:
A. Prior to the start of construction, a grading permit will be required if the area to be disturbed
for a scale is greater than 1 acre. The grading permit application will need to include the
sediment and erosion control plan, typical installation details of all BMPs to be used on the
site,typical maintenance notes,typical installation notes,and a copy of the CDPHE approved
stormwater construction permit. (Department of Public Works)
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. (Department of Planning Services)
4. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other documentation
required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat
and additional requirements shall be submitted within one hundred twenty(120)days from the date of
the Board of County Commissioners resolution. The applicant shall be responsible for paying the
recording fee. (Department of Planning Services)
5. The applicant shall be responsible for 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)
Resolution USR11-0020
Miller Family Investments, LLC
Page 5
• 6. 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 Bill Hall.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
Joyce Smock
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 December 6, 2011.
Dated the 6th of December 2011.
"(,t-)
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• Miller Family Investments
do Brady Miller
USR11-0020
1. A Site Specific 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)
Zone District subject to the Development Standards stated hereon. (Department of Planning
Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 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 Health 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)
8. Any 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 Public 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(bottled water and portable toilets are acceptable)
shall be provided for employees and patrons of the facility at all times. (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. Portable toilets may be utilized on sites that are temporary locations of the working face. (Department
of Public Health and Environment)
• 14. Bottled water shall be provided to employees at the temporary locations of the working face.
(Department of Public Health and Environment)
Resolution USR11-0020
Miller Family Investments, LLC
Page 7
• 15. 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)
16. 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)and
volatile organic compounds(VOC's). All chemicals must be stored secure, on an impervious surface,
and in accordance with manufacturer's recommendations. (Department of Public Health and
Environment)
17. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment (CDPH&E), Water Quality Control Division for any
proposed discharge into State Waterways, as applicable. (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. (DRMS) (Department of Public Health and Environment)
19. The operation shall comply with the Mine Safety and Health Act. (MSHA) (Department of Public
Health 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. The hours of operation for sand and gravel operations are limited to the hours of day light except in
the case of public or private emergency or to make necessary repairs to equipment. Mining and
hauling hours shall occur between the hours of 6:00 AM to 4:30 PM during summer months and
between the hours of Hours of 7:00 AM to 3:30 PM during winter months.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)
23. The number of employees on-site at one time shall not exceed fifteen (15). (Department of Planning
Services)
24. Existing vegetative cover along public roads 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. (Department of Planning Services)
25. Where topsoil is removed, sufficient arable soil shall be set aside for re-spreading over the reclaimed
areas. (Department of Planning Services)
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 Section 15-1-180. (Department of Planning Services)
27. The historical 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 run-off rate and velocity increases, diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
28. The site must take into consideration storm water capture/quantity and provide accordingly for best
• management practices. (Department of Public Works)
Resolution USR11-0020
Miller Family Investments, LLC
Page 8
• 29. This area IS NOT in a Special Flood Hazard Area (SFHA)as determined by the Federal Emergency
Management Agency(FEMA). Lone Tree Creek Flows through the proposed mining operation, but it
has not been mapped at this location. (Department of Public Works)
30. The applicant has provided a drainage narrative indicating how offsite stormwater will be handled.
The applicant has indicated that Lone Tree Creek will not be diverted from its natural course. If the
creek is to be mined through, the creek should be re-constructed in the location shown on the USR
mining plan. In order to prevent damage to the County Road 37 barrow ditches and County Road 37,
the applicant should be aware that the drainage cannot be diverted into the County Road 37 barrow
ditches without the written consent of the Department of Public Works. (Department of Public Works)
31. The applicant has submitted a Traffic Narrative for their facility in the application package. There will
be approximately 50 vehicles per day to the mine site. The applicant should be aware that vehicles in
excess of that provided in the application package may trigger additional offsite improvements.
(Department of Public Works)
32. A 60 foot radius is required on all accesses to public roads for accesses designed to accommodate
truck traffic. (Department of Planning Services)
33. The landscaping on site shall be maintained in accordance with the approved Landscape Plan.
(Department of Planning Services)
34. A building permit application must be completed for all electrical work conducted on site. A building
permit must be issued prior to the start of construction. (Department of Building Inspection)
35. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240 of the Weld County Code. (Department of Planning Services)
• 36. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 of the Weld County Code. (Department of Planning Services)
37. The property owner or operator shall be responsible for complying with the Open-mining Standards of
Section 23-4-250, Weld County Code. (Department of Planning Services)
38. Necessary personnel from 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)
39. 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. (Department of Planning Services)
40. 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)
41. 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)
/a- 6-1
• Robert Grand moved to amend Development Standard 3 to read"The number of on-site employees shall be
limited to eleven (11)", seconded by Bill Hall. Motion carried.
The Chair asked the applicant if he read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that he is in agreement.
Mark Lawley moved that Case USR11-0021, be forwarded to the Board of County Commissioners along with
the amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Bill Hall.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Joyce
Smock,yes with reservations; Nick Berryman, yes,with comment; Robert Grand,yes,with comment; Bill Hall,
yes with comment; Alexander Zauder, yes with comment; Jason Maxey, yes with comment ; Benjamin
Hansford, yes; Mark Lawley, yes; Tom Holton, yes with comment. Motion carried unanimously.
Commissioner Berryman commented that with the new development standards and controls that hopefully
this will be mitigated as best as possible. It is a difficult problem and he fully supports the citizens to make
complaints should there be problems.
Commissioner Maxey commented this is not an easy case to decide on. He believes that since Anadarko
is well aware of the concerns expressed from the residents they will work hard to mitigate these problems.
He added that it appears that Anadarko was there since the early 1980's and hopes that they will continue
to work with their neighbors.
Commissioner Grand commented that it is a very intense use of this property. He believes Anadarko has
a good reputation of doing what they say they are going to do so that is why he voted yes.
• Commissioner Zauder commented that he voted yes because Anadarko has a good reputation and hopes
that they will continue to work on these issues.
Commissioner Hall commented that it sounds that they are working on the sound issues and believes that
it is an attainable project.
Commissioner Holton commented that he feels comfortable with the steps that Anadarko has taken in the
past years to try and improve that facility. He encouraged them to work with the residents in the area.
The Chair read the following case into record.
CASE NUMBER: USR11-0020
APPLICANT: Miller Family Investments, LLC
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Mineral
Resource Development Facility, including open pit gravel mining (sands, gravels
and stones)and Materials Processing in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: E740' NE4 Section 12,TBN, R66W of the 6th P.M.,Weld County, Colorado.
LOCATION: South of and adjacent to CR 96;west of and adjacent to CR 37.
Kim Ogle, Planning Services, stated that the Miller Family Investments own this 40 acre parcel which they
intent to extract the mineral resource. Of this total permit area, approximately 8.74 acres has historically
been mined for road base. This old disturbance was before state permitting requirements and was never
permitted. The proposal includes a crushing facility utilizing existing material to be crushed, stockpiled
and dispersed by truck to job sites. There will be no concrete or asphalt batch plant at this location.
The site is currently utilized as non-irrigated pastureland and is surrounded by pasture and or farmland to
the south, west and east and to the north is the North Pierce Gravel Mine, permitted by Weld County
• (USR-1716). The nearest residence is located approximately 2400 feet to the north of the proposed mine
location.
EXHIBIT
I f} 10
• According to the Weld County Sand, Gravel Resources Map dated July 1, 1975 the site is classified as VI
(water deposited gravel, sand, silt and clay along present stream coarses, and the material is predominately
gravel that is clean and sound). The application materials indicate that the applicant has applied for a Special
112 Construction Materials Permit for the Lone Tree Pit, M-2010-047 from the Colorado Division of
Reclamation and Mining Safety. The estimated thickness of gravel-bearing zones varies from between 8 and
20 feet in depth over the entire site, with the overburden layer between 0-3 feet in depth. The material will be
transported to the gravel processing area, crushed,screened and stockpiled until such time as the material is
sold and trucked from the site.
Access is from County Road 37 and existing graded gravel road maintained by Weld County through a double
cattle guard at the gate entrance and into the site.
Sand and gravel processing equipment and material stockpiles will be located in the middle of the site utilizing
an existing access that has been upgraded for mining operation. The processing area is below the existing
County Road 37 elevation.
The proposed facility does not lie in a FEMA designated floodplain or floodway. The Lone Tree Creek channel
is an ephemeral stream that is typically dry all year, flowing only after larger rainstorms, bisects the site. The
FIRM Community Panel Map does not map this location; therefore a Flood Hazard Development Permit will
not be required. Building Permits issued will be required for all on-site electrical facilities and associated
equipment.
The application materials indicate that concurrent reclamation consists of regarding and placement of topsoil
materials. Reseeding will be done with native drought tolerant grass seed mixes.
Although the mine site has received approval from the DRMS, the applicant will be required as a condition of
approval prior to recording the plat to submit written evidence from the Division of Reclamation, Mining and
• Safety Division that the performance warranty and financial warranty was submitted and accepted for the Lone
Tree Pit and that the reclamation permit for the mine is accepted.
Thirteen referral agencies have reviewed this case and five offered comments, some with specific conditions.
The Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards.
Don Carroll, Public Works, stated that there are no paved roads in the area; therefore they are asking for
double cattle guards at the entrance to eliminate tracking onto county roads as well as adequate turning
radiuses at the entrance. An Improvements Agreement including a haul route is required.
Lauren Light, Environmental Health, stated that it is not a temporary use therefore the Health Department's
policy is that permanent water and sewer is required. An Air Emissions Permit will be required. Ms. Light
recommending deleting Condition of Approval 1.G as it is a duplicate of Condition of Approval 2.B.
Robert Grand moved to delete Condition of Approval 1.G, seconded by Jason Maxey. Motion carried.
Ben Lagenfield, Greg Leweki and Associates, representing the applicant, stated that the production estimate is
about 150,000 tons per year with the life of the mine at about 8 years. The site will be reclaimed to rangeland
and wildlife. The creek hasn't flowed for nearly 5 years however there are stipulations in the State Permit and
the County Permit to protect downstream water rights in the event of a large runoff. They are staying above
groundwater by at least two (2) feet.
Mr. Lagenfield requested to remove Condition of Approval 2.A with regard to septic systems. He doesn't
believe permanent water and sewer is necessary since it is a mobile facility and not designed to be
permanent. In addition, he would like to request the plat deadline be changed from the required 60 days to
120 days.
• The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
11
• Robert Grand moved to delete Condition of Approval 1.H, 2.A, Development Standard 13 and amend
Development Standard 11 to read "Adequate drinking, handwashing and toilet facilities (bottled water and
portable toilets are acceptable) shall be provided for employees and patrons of the facility at all times",
seconded by Bill Hall. Motion carried.
Robert Grand moved to amend Condition of Approval 4 and 6 to reflect the requested 120 day plat deadline,
seconded by Benjamin Hansford. Motion carried.
Alexander Zauder moved to amend Condition of Approval 5 to reflect the requested 120 day plat deadline as
well, seconded by Jason Maxey. Motion carried.
Robert Grand moved to delete the word "house" in the first sentence of Condition of Approval 2.B as
suggested from staff, seconded by Alexander Zauder. Motion carried.
The Chair asked the applicant if he read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that he is in agreement.
Jason Maxey moved that Case USR11-0020, be forwarded to the Board of County Commissioners along with
the amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Bill Hall,
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Joyce
Smock, yes; Nick Berryman, yes; Robert Grand, yes; Bill Hall, yes;Alexander Zauder,yes;Jason Maxey,yes;
Benjamin Hansford, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair called a recess at 4:28 pm and reconvened the meeting at 4:33 pm.
• The last case was read into record.
CASE NUMBER: Ordinance 2012-1
REQUEST: In the Matter of Repealing and Reenacting,with Amendments, A portion of
Chapter 23 Zoning and Chapter 29 Building Regulations of the Weld County
Code.
PRESENTED BY: Bruce Barker and Tom Parko
Tom Parko, Planning Services, presented the code changes starting with the minimum width required for a
manufactured structure in Section 23-1-90. He added that to be consistent with the remainder of the County
Code, staff is proposing the minimum width to be 24 feet.
Commissioner Hansford referred to the cargo containers and converting them into residences as was
approved in previous code changes. He asked if the cargo containers would still be allowed with this code
change. Commissioner Lawley asked if the intent is to clean up the language or to prohibit the single wide
mobile homes. Mr. Parko said that the intent is to clean up the language and not to discourage a single wide
home. Single wide mobile homes that are less than 24 feet can be permitted under the Zoning Permit for a
Mobile Home(ZPMH) application. This application allows for accessory to the farm, principal dwellings, etc.
The next code change proposes to include cumulative zoning in the Industrial Zone District. Currently, the
code allows it in Commercial Zone District. Under the new code change I-1 uses will be allowed in the 1-2
Zone and I-1 and 1-2 uses will be allowed in the 1-3 zone. However, in no case shall the 1-3 zone uses be
permitted in either the 1-2 or I-1 Zone Districts.
In addition,one(1)commercial vehicle is currently allowed in the Agricultural Zone District.This change would
allow one (1) commercial vehicle in the Estate Zone District as well.
Bruce Barker, County Attorney, presented the proposed changes in the violation process in the Zoning and
Building Code. Stephanie Arries, County Attorney, added that the Code has always allowed the County to
pursue 1 of 3 approaches in dealing with zoning and building code violations. These powers are given to the
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