HomeMy WebLinkAbout20111749 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: USR-1779
APPLICANT: Tim and Jeanne Iverson, Go Lafarge West, Inc.
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Mineral Resource Development Facility including Open Pit Gravel Mining (dry
mining)in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Part of the E2SW4; Part of the W2SE4; Part of the E2NW4 and Part of the
W2NE4 of Section 34,T6N, R66W of the 6th P.M., Weld County, Colorado.
LOCATION: North of and adjacent to F Street and approximately 1.25 miles west of 35th
Avenue.
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.
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." The proposed use would be compatible with surrounding properties
• which include agricultural lands, river bottom lands and floodplain designated lands. Further,
Colorado State Statute § 34-1-305 addresses the preservation of commercial mineral
deposits for extraction.
(1) "After July 1, 1973, no board of county commissioners, governing body of any city
and county, city, or town, or other 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."
(2) "After adoption of a master plan for extraction for an area under its jurisdiction, no
board of county commissioners, governing body of any city and county,city,or town,
or other 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 containing a commercial mineral deposit in a manner which would interfere
with the present or future extraction of such deposit by an extractor."
(3) "Nothing in this section shall be construed to prohibit a board of county
commissioners, a governing body of any city and county, city, or town, or any other
governmental authority which has control over zoning from zoning or rezoning land to
permit a certain use, if said use does not permit erection of permanent structures
upon, or otherwise permanently preclude the extraction of commercial mineral
deposits by an extractor from, land subject to said use."
(4) "Nothing in this section shall be construed to prohibit a board of county
commissioners, a governing body of any city and county, city, or town, or other
•
governmental authority which has control over zoning from zoning for agricultural
use, only, land not otherwise zoned on July 1, 1973."
2011-1749 t F
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Resolution USR-1779
Tim and Jeanne Iverson, do Lafarge West, Inc.
Page 2
• (5) "Nothing in this section shall be construed to prohibit a use of zoned land permissible
under the zoning governing such land on July 1, 1973."
(6) "Nothing in this section shall be construed to prohibit a board of county
commissioners, a governing body of any city and county, city, or town, or any other
governmental authority from acquiring property known to contain a commercial
mineral deposit and using said property for a public purpose; except that such use
shall not permit erection of permanent structures which would preclude permanently
the extraction of commercial mineral deposits."
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the (I) Industrial
Zone District. Section 23-3-330.D.7 of the Weld County Code provides for a Site Specific
Development Plan and Use by Special Review Permit for a Mineral Resource Development
Facility including Open Pit Gravel Mining (Dry Mining) 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 proposed mining site property is located to the north of F Street
and borders the Cache La Poudre River along the north and west. A residence is located
approximately 850-feet to the south of the mining site and a single family residence is located
approximately 600-800 feet to the north of the mining site. Portions of the property are
screened from the south by an existing wood fence and trees.The property is well screened
along the Poudre River (to the north and west) by existing trees. City of Greeley owned
property(including a dog park) is located to the east of the site and a wooded/floodplain area
is located to the west of the site.The Poudre Trail runs along the south of the property.There
is an existing residence and outbuildings that are located on the property but will not be
utilized in association with the gravel mining operation. The applicant proposes to convey
• gravel via a conveyor system to the existing Lafarge mining/processing/batching site located
directly west of 35 Avenue(this facility is permitted under Amended USR-247). No additional
mining traffic will be generated by this operation.
Planning Staff believes that the attached development standards and conditions of approval
will ensure compatibility with surrounding property owners.
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 property is located within the 3-mile referral area of the City of Greeley and portions of
the property borders the municipal boundaries of Greeley to the north and east.
The City of Greeley, in their referral received April 28, 2011, requested that a stop sign be
placed at the driveway into the facility to the north of the Poudre Trail. Greeley also stated
that there should be no storage or stockpiling of materials and equipment within the floodway
of the Cache La Poudre River, a certification letter shall be provided from a Colorado
registered professional engineer indicating that excavation and reclamation activities will not
cause an increase in base flood elevations, and that the Poudre River Channel shall not be
compromised by the proposed mining activity. Greeley indicated that there is a 36 inch sewer
main that crosses the main driveway/access into the property. Greeley is requiring the
applicant to pothole this area to determine the exact depth and location of the sewer main.
Surface loads of vehicles crossing the sewer main may have to be limited based on its depth
and location.
• The Department of Planning Services has attached a condition of approval requiring the
applicant to attempt to address the requirements of the City of Greeley outlined in their
referral.Additionally, the Department of Public Works is requiring Flood Hazard Development
Resolution USR-1779
Tim and Jeanne Iverson, do Lafarge West, Inc.
Page 3
• Permits (FHDP) to be approved prior to recording the plat which will address their
floodplain/floodway concerns.
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 site is located within the FEMA mapped Zone AE 100-Year Floodplain and the
floodway. Weld County Code Section 23-5-250 prohibits development including but not
limited to the construction of buildings and the placement of fill (stockpiles) within the
floodway. Flood Hazard Development Permits will be required for all structures(including the
existing residence and outbuildings)in the Floodplain, however, no permanent structures or
stockpiling of materials are permitted in the Floodway. Building Permits issued on the Lots
will be required to adhere to the following fees.
Effective April 25, 2011, Building Permits will be required to adhere to the fee structure of the
Weld County Road Impact Program. (Ordinance 2011-2)
Effective April 25,2011, Building Permits will be required to adhere to the fee structure of the
County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2)
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 classified as"Irrigated Land(Non Prime)"as
delineated on the Important Farmlands of Weld County map, dated 1979. The entire site
• holds aggregate mineral resource of sands, gravels and stones as delineated on the Weld
County Sand, Gravel Resources map. 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."
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 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 applicant shall submit a Landscape Mitigation Plan to the Weld County Planning
Department for review and approval. (Department of Planning Services)
B. A Flood Hazard Development Permit(FHDP) is required in order to show the impact of the
• mining operations on the 100-year water surface elevation within the FEMA designated
floodplain and floodway. Please note that it will be necessary to utilize hydraulic modeling
showing the impact of mining on adjacent properties. Written evidence from the Department
of Public Works that the application has been conditionally approved shall be provided to the
Department of Planning Services. (Department of Planning Services)
Resolution USR-1779
Tim and Jeanne Iverson, do Lafarge West, Inc.
Page 4
• C. The site visit performed on 3/30/11 revealed 4 structures that require building permits which
according to county records, no building permits were obtained. Permits are required for each
of the existing 4 structures. Evidence that the building permits have been released shall be
provided to the Department of Planning Services. (Department of Building Inspection)
D. 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 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. (Department of Public
Health & Environment)
E. The applicant shall submit evidence of a spill prevention, spill control, and spill
countermeasures plan (SPCC Plan) from the Colorado Department of Labor and
Employment Division of Oil and Public Safety Storage Tank Regulations to the Environmental
Health Services Division of the Weld County Department of Public Health & Environment.
Alternately, the applicant can provide evidence from the State that they are not subject to this
requirement. (Department of Public Health & Environment)
F. The applicant shall complete all proposed improvement including those regarding access
improvements and parking lot requirements or enter into an Improvements Agreement
according to policy regarding collateral for improvements and post adequate collateral for all
required materials. The agreement and form of collateral shall be reviewed by County Staff
and accepted by the Board of County Commissioners prior to recording the USR plat.
(Department of Planning Services)
• 2. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR-1779. (Department of Planning Services)
B. The location of any on-site signs. (Department of Planning Services)
C. The approved Landscape Mitigation Plan. (Department of Planning Services)
D. Please show the location of the conveyor on the site plan at the point where it enters the site.
If the conveyor will be constructed in the floodplain, it will need to be covered in the FHDP.
(Department of Public Works)
E. F Street 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. The applicant shall verify and delineate
on the plat the existing right-of-way and the documents creating the right-of-way and this shall
be indicated on the plat. 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. (Department of Public Works)
F. All known and recorded easements and rights-of-way that may be present on site.
(Department of Planning Services)
G. The Boundaries of USR-1779 shall match the boundaries of the property. No portions of the
property shall be located outside of the boundaries of USR-1779 with the exception of USR-
1515. The boundaries of USR-1515 shall be located outside of the boundaries of USR-1779.
(Department of Planning Services)
• 3. Prior to construction:
A Conveyors are proposed to be installed. Electrical permits are required if electric is connected
to conveyors. (Department of Building Inspection)
Resolution USR-1779
Tim and Jeanne Iverson, do Lafarge West, Inc.
Page 5
• 4. The Special Review activity shall not occur nor shall any building permits be issued for new
buildings/structures 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)
5. 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 180 days of approval by the Board of County Commissioners. (Department of Planning
Services)
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 eighty (180) 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 Alexander Zauder.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Erich Ehrlich
Roy Spitzer
•
Mark Lawley
Nick Berryman
Jason Maxey
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 July 12, 2011.
Dated the 12th of July, 2011.ul
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• Lafarge West, Inc.
USR-1779
1. A Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource
Development Facility including Open Pit Gravel Mining (Dry Mining) in the A (Agricultural) Zone
District. (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. Mined aggregate will be transported offsite via conveyors. (Department of Public Works)
4. 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)
5. 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)
6. 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)
7. The applicant shall operate in accordance with the"waste handling plan",at all times. (Department of
• Public Health and Environment)
8. 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)
9. Any vehicle washing area 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)
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the dust abatement plan at all times. (Department of Public Health and
Environment)
11. 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)
12. Adequate drinking, handwashing and toilet facilities shall be provided for employees of the facility at
all times. (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 at all
times. (Department of Public Health and Environment)
• 15. 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)
Resolution USR-1779
Tim and Jeanne Iverson, do Lafarge West, Inc.
Page 7
• 16. 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)
17. 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). (Department of Public Health and Environment)
18. If applicable,the applicant shall obtain a storm water discharge permit from the Colorado Department
of Public Health & Environment, Water Quality Control Division. (Department of Public Health and
Environment)
19. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Reclamation Mining & Safety. (Department of Public Health and Environment)
20. The operation shall comply with the Mine Safety and Health Act (MSHA) (Department of Public
Health and Environment)
21. The operation shall comply with the Occupational Safety and Health Act(OSHA) (Department of
Public Health and Environment)
22. 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)
23. Prior to the commencement of any mining activity which would result in the exposure and/or use of
groundwater, the applicant shall provide the Department of Planning Services with an approved
• Colorado Division of Water Resources Substitute Water Supply Plan or court-approved Augmentation
Plan along with an approved well permit. (Division of Water Resources)
24. "No Trespassing"signs shall be posted and maintained on the perimeter fence to clearly identify the
boundaries of the site. (Department of Planning Services)
25. 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)
26. Section 23-4-290.B 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)
27. Existing trees and ground cover along public road frontage and drainage ways shall be preserved,
maintained, and supplemented, if necessary, for the depth of the setback in order to protect against
and/or reduce noise, dust, and erosion. (Department of Planning Services)
28. Where topsoil is removed, sufficient arable soil shall be set aside for re-spreading over the reclaimed
areas. (Department of Planning Services)
29. 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 Public Works)
30. Prior to vacation of the USR, if mining has occurred, a Letter of Map Revision (LOMR) must be
• approved by the Federal Emergency Management Agency(FEMA)pursuant to floodplain regulations
codified in the Code of Federal Regulations (CFR) Title 44 Parts 60 and 65. (Department of Public
Works)
Resolution USR-1779
Tim and Jeanne Iverson, c/o Lafarge West, Inc.
Page 8
• 31. The site is located within the FEMA mapped Zone AE 100-Year Floodplain and the floodway. Weld
County Code Section 23-5-250 prohibits development including but not limited to the construction of
buildings and the placement of fill (stockpiles)within the floodway. (Department of Public Works)
32. 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)
33. The applicant must take into consideration storm water capture/quantity and provide accordingly for
best management practices. (Department of Public Works)
34. Note that topsoil, overburden, and product stockpiles cannot be placed in the floodway. Stockpiles
located within the 100-year floodplain cannot impact the water surface elevations on the adjacent
properties not owned by the applicant unless the affected landowners have provided signoff that they
accept the proposed impact. Stockpiles must also be oriented to be parallel to the flood flows in order
to minimize the impact to adjacent properties. (Department of Public Works)
35. If any work associated with this project requires the placement of dredge or fill material, and any
excavation associated with a dredged or fill project, either temporary or permanent, in waters of the
United States which may include streams, open water lakes and ponds or wetlands at this site, the
Department of the Army, Corps of Engineers shall be notified by a proponent of the project for proper
department of the Army permits or changes in permit requirements pursuant to Section 404 of the
Clean Water Act. (Department of Planning Services)
36. A building permit shall be obtained prior to the construction or placement of any new structure on the
• parcel. An electrical permit will be required for any electrical service to equipment. Conveyors are
proposed to be installed. Electrical permits are required if electric is ran to conveyors.A plot plan shall
be submitted when applying for building permits showing all structures with accurate distances
between structures, and from structures to all property lines. (Department of Building Inspection)
37. Structures 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; 2008 National
Electrical Code; 2006 International Fuel Gas Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
38. The Private Road Crossing Easement between Lafarge and Great Western Railway shall be executed
prior to installing the conveyor across Great Western Railroad right-of-way. (Department of Planning
Services)
39. Effective April 25, 2011, Building Permits will be required to adhere to the fee structure of the Weld
County Road Impact Program. (Ordinance 2011-2) (Department of Planning Services)
40. Effective April 25, 2011, Building Permits 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)
41. 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)
42. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240 of the Weld County Code.
43. The property owner or operator shall be responsible for complying with the Operation Standards of
• Section 23-2-250 of the Weld County Code.
44. The property owner or operator shall be responsible for complying with the Open-mining Standards of
Section 23-4-250, Weld County Code.
Resolution USR-1779
Tim and Jeanne Iverson, Go Lafarge West, Inc.
Page 9
45. Personnel from the Weld County Government shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Development Standards stated herein and all applicable Weld County regulations.
46. 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.
47. 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)
48. 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)
•
•
-7-ia- i)
• from that Section. He added that they are allowed to operate during daylight hours only and should they have
a public improvement project then they can make the request to the County for extended hours.
Robert Grand moved that Case USR-1760, 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. Nick
Berryman,yes; Erich Ehrlich,yes; Robert Grand,yes; Bill Hall,yes;Alexander Zauder,yes;Jason Maxey,yes;
Roy Spitzer, absent; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
CASE NUMBER: USR-1779
APPLICANT: Tim and Jeanne Iverson, c/o Lafarge West, Inc.
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Mineral Resource Development Facility including Open Pit Gravel Mining (dry
mining) in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Part of the E2SW4; Part of the W2SE4; Part of the E2NW4 and Part of the
W2NE4 of Section 34,T6N, R66W of the 6th P.M.,Weld County, Colorado.
LOCATION: North of and adjacent to F Street and approximately 1.25 miles west of 35th
Avenue.
Chris Gathman, Planning Services, stated that the proposed mining site property is located to the north of F
Street and borders the Cache La Poudre River along the north and west.A residence is located approximately
850-feet to the south of the mining site and a single family residence is located approximately 600 to 800 feet
to the north of the mining site. Portions of the property are screened from the south by an existing wood fence
and trees.The property is well screened along the Poudre River(to the north and west)by existing trees. City
of Greeley owns property located to the east of the site and a wooded/floodplain area is located to the west of
• the site.The Poudre Trail runs along the south of the property.There is an existing residence and outbuildings
that are located on the property but will not be utilized in association with the gravel mining operation. The
applicant proposes to convey gravel via a conveyor system to the existing Lafarge mining/processing/batching
site located directly west of 35 Avenue(this facility is permitted under god Amended USR-247). No additional
mining traffic will be generated by this operation.
Thirteen referrals were sent out in regard to this case. Eight referral responses have been received and either
indicated no comment/no concerns or included conditions that have been included in the staff
recommendation as conditions of approval and/or development standards.
The property is located within the three-mile referral area of the City of Greeley and portions of the property
borders the municipal boundaries of Greeley to the north and east.
The City of Greeley, in their referral received April 28, 2011, requested that a stop sign be placed at the
driveway into the facility to the north of the Poudre Trail. Greeley also stated that there should be no storage or
stockpiling of materials and equipment within the floodway of the Cache La Poudre River,a certification letter
shall be provided from a Colorado registered professional engineer indicating that excavation and reclamation
activities will not cause an increase in base flood elevations, and that the Poudre River Channel shall not be
compromised by the proposed mining activity. Greeley indicated that there is a 36 inch sewer main that
crosses the main driveway/access into the property. Greeley is requiring the applicant to pothole this area to
determine the exact depth and location of the sewer main. Surface loads of vehicles crossing the sewer main
may have to be limited based on its depth and location.
The Department of Planning Services has attached a condition of approval requiring the applicant to attempt
to address the requirements of the City of Greeley outlined in their referral. Additionally, the Department of
Public Works is requiring Flood Hazard Development Permits(FHDP) to be approved prior to recording the
plat which will address their floodplain/floodway concerns.
• A one e-mail expressing concern about prairie dogs has been received as they have had prairie dogs on their
property in the past. The applicant responded indicating that there are no prairie dogs on the property to be
4
• mined and indicated that the property owner would be willing assist the neighbor in removing prairie dogs from
their property.
The applicant shall submit a Landscape Mitigation Plan to the Weld County Planning Department for review
and approval. Deciduous trees shall be installed: 1)along the southwestern portion of the site to screen the
mining operation(in areas not already screened by existing trees)from adjacent properties and residences to
the south and 2) along the eastern portion of the site (north of the existing residence and to the south of the
Poudre River) to screen areas not already screened by existing trees.
The Department of Planning Services recommends approval of this application.
Lauren Light, Environmental Health, stated that the applicants are not processing, nor will there be an office
on site, therefore no permanent water or sewer is required. Bottled water and portable toilets are acceptable
at the working face of the mine. She stated that there are no concerns with this request.
Heidi Hansen, Public Works,stated that the applicants are utilizing the existing access from F Street which is
a local, paved road. The material will be transported by conveyer so there is no hauling traffic on the roadway.
A Flood Hazard Development Permit is required as well as a Letter of Map Revision when they are finished
mining.
Anne Best Johnson, Lafarge, 11409 Business Park Circle,Suite 200, Longmont CO,stated that Lafarge is the
largest diversified supplier of construction materials in the United States and Canada and the world leader of
building materials. They are located in 70 countries and offer aggregate, asphalt, concrete, cement and
gypsum products.
Ms. Johnson stated that Lafarge currently mines in the vicinity. The 35th Avenue Mine is bordered by the
• Great Western Industrial Track to the south, 35th Avenue is the eastern border, the Poudre River forms the
western and northern border. F Street goes to the south about 100 to 150 feet.
Pam Hora, Tetra Tech, 1900 S. Sunset, Longmont, CO, stated that the proposed Iverson Mine project is
approximately 64.7 acres. Of that area Lafarge plans to mine 39.8 acres. An anticipated 1.5 million ton of
gravel will be extracted from this site. There will be no processing of any of the aggregate on the mine site.
The plan is to mine all of the aggregate and then convey it across the City of the Greeley property to Lafarge's
existing 35th Mine site and then down to the plant site which is at the southeast corner of the 35th Avenue Mine
site. Lafarge does have an easement with the City of Greeley to be able to place their conveyor across their
property and they are also in the process of getting an agreement with the Railroad so that they will be able to
cross the railroad with the conveyor as well.
The entire property does fall within the floodplain. A portion of it does fall within the floodway. There will be no
stockpiling within that floodway; there will be some stockpiling within the floodplain on the south side of the
property. Ms. Hora stated that they are in the process of working on that Flood Hazard Development Permit
with the County.
Lafarge has plans to concurrently mine and reclaim this site and anticipate it will take four to five years to
complete that process, depending on market conditions. The ultimate reclamation for this site is to have
approximately a 31 acre open water pond surrounded upland that will all have dryland seed on it. There are oil
and gas facilities on the property. Lafarge does have a Surface Use Agreement with Noble Energy. As part of
that agreement Lafarge is going to be able to move a gas line that cuts through the southern portion of the
property so that they can mine in the southwest corner. They have also agreed to hold mine setbacks from oil
and gas facilities.
Ms. Hora said that they have addressed noise mitigation with this mine site. Because the site is pretty much
surrounded on three sides by the river there is a lot of mature vegetation that will help provide a natural buffer.
• There was a neighborhood meeting on December 15,2010 at the Poudre Learning Center. There were seven
people who attended that meeting representing five of the surrounding property owners. The only concern
brought up by any of the neighbors had to do with making sure that their groundwater wells were not impacted
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• by this mine. Ms. Hora said that they do not believe those wells will be impacted because they are all more
than 600 feet away from this mining cell; however Lafarge did agree to monitor their wells as part of their
groundwater monitoring and mitigation plan.
Ms. Hora stated that Lafarge does agree with the staff recommendation for approval; however there are a few
modifications that they would like to request. She stated that they would like to amend Conditions of Approval
5 and 6, amend Development Standard 26, remove Conditions of Approval 1.C and 2.G and discuss
Conditions of Approval 1.A and 2.C.
Ms. Hora said that Conditions of Approval 5 and 6 are in regard to the amount of time that they have to finalize
the plat and get it recorded. She added that the standard time is 60 days; however they would like to request
180 days to allow them enough time to finalize the plat.
Development Standard 26 has to do with the hours of operation. Rather than what is typical of having daylight
hours, Lafarge would like the hours of operation from 5 am to 10 pm. The reason for this is because of the
fact that the material is going to be processed at the 35th Avenue Mine site and just last year in August Lafarge
had the County Commissioners approach them to change the hours of operation to 5 am to 10 pm and
therefore they would like the hours of this site to be the same.
Ms. Johnson respectively requested to remove Condition of Approval 1.C and any references to existing
violations that are occurring on the Iverson's home site. She added that the violations are really a personal
issue between the Iverson's and Weld County. The violations have no relationship at all to the mining permit
and they would like to keep the issues separate. She further added that Weld County has the authorization
and the means to enforce any violations outside of this particular USR application. She believes that this
condition penalizes Lafarge by potentially holding up recording the plat due to issues that are not caused by
Lafarge.
• In addition, she requested the removal of Condition of Approval 2.G to exclude the residential portions from
the mine permit boundaries. This condition places Lafarge and the property owner in potential conflict in
complying with Development Standards 20 and Development Standard 21 regarding compliance with Federal
and State safety standards. The compliance with these federal regulations and safety standards is not an
issue for the mining operation as they always try to exceed the standards. However the issue is that the
property owner will also have to comply with OSHA and MSHA standards, reporting and all regulation
requirements. This potential conflict is not a justified imposition on a residential area that again will not be
utilized in a mining operation.
Commissioner Grand asked if the residence could be split off. Bruce Barker, County Attorney, replied that all
of the property needs to be placed into the USR boundary; however if you want property out of the boundary a
Recorded Exemption (RE) needs to be done. He added that after the approval of the RE then a partial
vacation of the USR may be applied for the split portion.
Mr. Barker said that he understands the difficulty; however all the property needs to be included in the USR
boundary. He added that Lafarge needs to work with Mr. Iverson on the Recorded Exemption. Mrs.Johnson
asked Mr. Barker if a meeting could be held to provide a better understanding regarding these conditions. Mr.
Barker replied that he would be available.
Ms. Johnson moved on to request removal of Condition of Approval 1.A and 2.C in regard to a Landscape
Mitigation Plan. She stated that the area that the County is wanting them to do some landscaping in is an area
that they will be relocating the underground gas line in and she isn't sure that Noble Energy will want them to
do some landscaping on top of their gas line. She added that they prefer not to do any landscaping on top of
the underground gas line. They feel it is already buffered by surrounding existing landscape. She added that
it is a short-lived mining operation and it seems unnecessary unless mature trees are planted.
Commissioner Holton asked what the distance is to F Street. Mrs. Johnson said that it is approximately 600
• feet from the southwestern property boundary and F Street. Mr. Holton asked if they will do berming. Mrs.
Johnson said that they will do berms and landscaping on the berms.
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• Commissioner Maxey suggested leaving the first sentence in Condition of Approval 1.A and keep Condition of
Approval 2.C as is since berming could be taken as landscape mitigation as well. Mrs. Johnson was
agreeable to that as long as the intent carries throughout the permit. Staff did not have any concerns with that.
Jason Maxey moved to delete the language after the first sentence in Condition of Approval 1.A,seconded by
Robert Grand. Motion carried.
Mrs. Hora asked to amend Conditions of Approval 5 and 6 regarding the amount of time to record the plat.
She requested that it be amended to allow 180 days rather than 60 days. Staff had no concerns with that
request.
Jason Maxey moved to amend Conditions of Approval 5 and 6 to allow 180 days to record the plat, seconded
by Nick Berryman. Motion carried.
Mrs. Hora said that they would like to amend Development Standard 26 regarding the hours of operation.
Rather than during daylight hours, they would like to request the hours to be 5 am to 10 pm to be consistent
with the hours at the 35` Avenue Mine site.
Commissioner Maxey said that he finds it difficult to approve this request when the last case heard they did
not change.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
The Chair asked the applicant if they 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 and open
for further discussion.
• Robert Grand moved that Case USR-1779, 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 Alexander Zauder.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes; Erich Ehrlich,yes; Robert Grand, yes; Bill Hall,yes;Alexander Zauder,yes;Jason Maxey,yes;
Roy Spitzer, absent; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair called a recess at 2:39 pm and reconvened the meeting at 2:54 pm.
The Chair read the next case into record.
CASE NUMBER: USR-1784
APPLICANT: Glen True&Sharon Wells-True
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for one
(1) Single Family Dwelling Unit per lot other than those permitted under Section
23-3-20.A of the Weld County Code in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A RE-5036 being part of the SW4 Section 24,T2N, R68W of the 6th P.M.,
Weld County, Colorado.
LOCATION: North of and adjacent to CR 18(Godding Hollow Parkway); 0.75 miles west of
CR 13.
Kim Ogle, Planning Services, stated that this application is for a second dwelling on a lot other than those
permitted under Section 23-3-20.A in the Agricultural Zone District.
The property is located within an Intergovernmental Agreement Area with the Town of Frederick and is also
• within the three-mile referral area for the City of Dacono, Town of Erie, Town of Firestone and the Town of
Frederick. The Town of Frederick returned the Notice of Inquiry form dated April 5, 2011 without comment.
The City of Dacono in a referral dated May 12, 2011 and the Town of Erie in a referral dated May 13, 2011
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