HomeMy WebLinkAbout20111177 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: AmUSR-1102
APPLICANT: L.G. Everist
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Amended Use by Special Review Permit
for a Mineral Resource Development including Open Pit Mining and Materials
Processing (sand, gravel and stone), including concrete and asphalt recycling
and a concrete and asphalt batch plant facility in the A(Agricultural)Zone
District.
LEGAL DESCRIPTION: Part of Section 32,T3N, R67W of the 6th P.M.,Weld County, Colorado.
LOCATION: East of and adjacent to CR 15; south of and adjacent to CR 26.75;west of and
adjacent to CR 17.
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."According to the Weld County Sand, Gravel Resources map dated July
• 1, 1975, the Northern part of the property is classified as F-1 (Floodplain and Valley-Fill
Deposits — relatively clean and sound). The application materials indicated that
approximately one foot of topsoil exists which will be removed and stockpiled; five(5)to six
(6)feet of overburden and other material will be removed; and twenty-eight(28)to thirty-two
(32) feet of sand and gravel will be extracted.
The proposed use would be compatible with surrounding properties which include
agricultural lands, river bottom lands and floodplain designated lands and adjacent
mineral resource development facilities. 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
EXHIBIT 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
2011-1177
Resolution AmUSR-1102
L.G. Everist
Page 2
• 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."
(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."
Section 22-5-80.8(CM.Goal 3)states, "Minimize the impacts of surface mining activities on
surrounding land uses, roads and highways."
The application proposes to place the processing area in the same area as proposed for the
Owens Bros mine, north of and adjacent to County Road 15. There is an existing stand of
cottonwood trees present to the south of this location. The existing access to the site is
located off of County Road 15 which is paved to the facility's entrance. The internal access
road is a combination of pavement and hard paved Class 6 road base. The Department of
Public Works is requiring a revised Road Maintenance Agreement for this facility.
• 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.
The processing area will be located East of and adjacent to County Road 15, approximately
1600 feet north of County Road 26. A substantial earthen berm is adjacent to the West, a
part of the Nelson Mine, (USR-1529)and the nearest residence is approximately1200 feet to
the south-south west in the Northwest quarter of County Road 26 and County Road 15.
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), including
Concrete and Asphalt Recycling, and a Concrete and Asphalt Batch Plant facility 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 western portion of the permit area was approved for mining in
1996 and consists of mined and disturbed lands non-jurisdictional wetlands and little
vegetation, aside from native grasses. Other areas to the East and South have supported
irrigated crop production, pasture and hay production. There is a small area in the southeast
corner that is in dryland pasture. In an area located in the northwest quarter of County Road
17 and County Road 26 is a historic cemetery.
•
Resolution AmUSR-1102
L.G. Everist
Page 3
• The proposed use would be compatible with surrounding properties which include agricultural
lands, limited rural residential and multiple mineral resource development facilities. Lands to
the North lie in the St. Vrain Creek floodplain and have two residential structures and one
outbuilding. Visual inspection determined one residence is vacant and For Sale. Also to the
North is land owned by the Town of Firestone, yet not annexed. This land is associated with
the Firestone Trail alignment, and lands to the northeast of County Road 28 is the Ready
Mixed concrete facility, permitted under land use permit number USR-1343. Land to the East
are in the Town of Firestone as part of the Heintzelman Pit No. 1, 2 and 3 annexation,
reception date of May 28, 2010. Lands to the South are predominately in the County and
remain as agricultural operations. There is an overhead electric transmission line on steel
poles adjacent to the North side of County Road 26. To the West is the Nelson Mining
Resource pit operated by Asphalt Specialties under land use permit number USR-1529.
Within the permit boundary are numerous oil and gas production facilities,and the historic rail
corridor which has since been abandoned and is part of the private property associated with
this 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. The surrounding property is primarily agricultural in nature, with multiple
mineral resource developments in the near vicinity with a few homes in the area. The site
contains agricultural lands with the proposed use compatible with surrounding properties
which include gravel operations in the general vicinity.
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 located within the Flood Hazard Overlay District area as delineated on
FIRM Community Panel Map#080266-0855C dated September 28, 1982 for the Floodplain.
Flood Hazard Development Permits will be required for all structures in the Floodplain.
Building Permits issued on the property will be required to adhere to the following fees.
Effective January 1, 2003, Building Permits issued on the subject site will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the Storm
water/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
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"prime if irrigated"land
as delineated on the Important Farmlands of Weld County map,dated 1979. A portion of the
lands are currently farmed.
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.
Resolution AmUSR-1102
L.G. Everist
Page 4
• 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 address the requirements of the Department of Public Works,as stated in
their referral response dated February 28,2011. Evidence of approval shall be submitted in
writing to the Department of Planning Services. (Department of Planning Services)
B. The applicant shall address the requirements of the Department of Building Inspection, as
stated in their referral response dated February 24, 2011. Evidence of approval shall be
submitted in writing to the Department of Planning Services. (Department of Planning
Services)
C. The applicant shall attempt to address the requirements of the Town of Firestone, as stated
in their referral response dated February 8, 2011. Evidence of approval shall be submitted in
writing to the Department of Planning Services. (Department of Planning Services)
D. The applicant shall address the requirements of the Federal Emergency Management
Agency, as stated in their referral response dated February 11, 2011. Evidence of approval
shall be submitted in writing to the Department of Planning Services. (FEMA, Department of
Planning Services)
E. The applicant shall submit an Amended Flood Hazard Development Permit to the
Department of Public Works for review and evaluation. Evidence from the Department of
Public Works that the application has been conditionally approved shall be provided to the
• Department of Planning Services. (FEMA, Department of Public Works)
F. A revised Road Maintenance Agreement is required for this project. Written evidence of
Public Works approval shall be submitted to the Department of Planning Services.
(Department of Public Works)
G. 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)
2. The plat shall be amended to delineate the following:
A. 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. A slurry wall or retaining wall is considered a structure.
(Department of Planning Services)
B. County Roads 15, 26.75 and 17 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 the existing right-of-way and the documents creating the right-of-way and this
information shall be noted 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. These roads
are maintained by Weld County. (Department of Public Works)
C. County Road 26(Zinnia Avenue)and a portion of County Road 17(Holiday Street)are under
the jurisdiction of the Town of Firestone. The Town of Firestone has requested an additional
twenty(20)feet of future right-of-way be delineated for County Road 26(Zinnia Avenue) in
their referral dated February 8, 2011. (Town of Firestone)
•
D. Please show the boundaries of the FEMA approved floodplain on all drawings. (Department
of Public Works)
Resolution AmUSR-1102
L.G. Everist
Page 5
• E. A portion of the site is located within the FEMA mapped Zone A 100-Year Floodplain
and/or possibly the floodway. Weld County Code prohibits the construction of buildings
within the floodway. The applicant has stated that no new structures will be built. Any
stockpiling of materials in the floodplain will require a Flood Hazard Development Permit.
(Department of Public Works)
F. The project will utilize the existing access to County Road 15 which has been paved from the
entrance to County Road 26. (Department of Public Works)
G. All existing Town of Firestone and Weld County Roads shall be delineated on the plat
including their existing and future rights-of-way. (Town of Firestone, Department of Public
Works)
3. Prior to construction:
A. A building permit is required for buildings and structures which require permits before the
beginning of construction. 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)
B. The applicant shall provide evidence of an approved Amended Flood Hazard Permit from the
Department of Public Works to the Department of Planning Services. (Department of
Planning Services)
C. The applicant shall attempt to address the requirements of the Mountain View Fire Protection
District as stipulated in their referral dated February 10,2011. (Mountain View Fire Protection
District)
• 4. Prior to the release of the DRMS Bond:
A. The applicant shall address issue of the railroad embankment. The current effective Flood
Insurance Rate Map appears to show that the railroad embankment is the eastern boundary
of the floodplain. It appears that the applicant plans to remove the railroad embankment
during mining operations. It stands to reason, that removing the railroad embankment will
extend the floodplain boundaries to the east.Therefore,the applicant needs to show what the
impact of removing the railroad embankment will be on the floodplain. Pursuant to the
attached letter from FEMA dated January 13, 2011, a Letter of Map Revision will need to be
issued by FEMA prior to release from DRMS. (Department of Public Works)
5. 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)
6. 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 60 days of approval by the Board of County Commissioners. (Department of Planning
Services)
7. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not
be recorded within the required sixty (60) 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.
•
Resolution AmUSR-1102
L.G. Everist
Page 6
• 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 May 3, 2011.
Dated the 3rd of May, 2011.
•
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
AMENDED SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
L.G. Everist, Inc. Firestone Mine
• AmUSR-1102
1. A Site Specific Development Plan and an Amended Special Review Permit for a Mineral Resource
Development including Open Pit Mining and Materials Processing(sand, gravel and stone), including
Concrete and Asphalt Recycling, and a Concrete and Asphalt Batch Plant facility in the A
(Agricultural) Zone District, 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 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 "waste handling plan". (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 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 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. Maintained portable toilets are adequate. (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. A permanent, adequate water supply shall be provided for drinking and sanitary purposes,at all times.
[Central Weld County Water District] (Department of Public Health & Environment)
•
Resolution AmUSR-1102
L.G. Everist
Page 8
• 14. The facility shall be operated in a manner to prevent odors. Odors detected off site shall not equal or
exceed the level of fifteen-to-one dilution threshold, as measured pursuant to Regulation 2 of the
Colorado Air Pollution Control Regulations. Additional controls shall be implemented at the request of
the Weld County Department of Public Health and Environment in the event odor levels detected off
site of the facility meet or exceed the level of fifteen-to-one dilution threshold,or in the judgment of the
Weld County Health Officer, there exists an odor condition requiring abatement. (Department of
Public Health & Environment)
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&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 &
Environment)
17. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Reclamation Mining and Safety. [DRMS] (Department of Public Health & Environment)
18. The operation shall comply with the Mine Safety and Health Act. [MSHA] (Department of Public
Health & Environment)
19. The operation shall comply with the Occupational Safety and Health Act. [OSHA] (Department of
Public Health & Environment)
20. 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 & Environment)
21. "No Trespassing"signs shall be posted and maintained on the perimeter fence to clearly identify the
boundaries of the site. (Department of Planning Services)
22. 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)
23. 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)
24. 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)
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 Public Works)
•
Resolution AmUSR-1102
L.G. Everist
Page 9
• 27. WARNING: LOT MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY
DESIGNATION. Please be advised that owners of Parcels # 120932000027, #120932000032,
#120932000031, � may not be able to obtain building permits to construct structures.
All construction or improvements occurring in the floodplain as delineated on Federal Emergency
Management Agency FIRM Community Panel Map#808266-0855C dated September28, 1982,shall
comply with the Flood Hazard Overlay District requirements of Chapter 23,Article V, Division 3 of the
Weld County Code and all applicable FEMA regulations and requirements as described in 44 CFR
parts 59, 60, and 65. (Department of Public Works)
28. Flood hazard development permits will be required for development activities located within the FEMA
mapped Saint Vrain River Floodplain. (Department of Public Works)
29. The installation of any septic system within the 100-year floodplain shall comply with the Weld County
I.S.D.S. Floodplain Policy. In accordance with the State of Colorado I.S.D.S. Regulations, no septic
system shall be installed within the floodway. (Department of Public Works)
30. Future development occurring within the floodplain shall be in compliance with the floodplain codes in
effect at that time. (Department of Public Works)
31. The applicant shall comply with County and FEMA floodplain regulations and obtain a Letter of Map
Revision (LOMR)from FEMA prior to the release from DRMS. (Department of Public Works)
32. Weld County is not responsible for the maintenance of on-site drainage related features.
(Department of Public Works)
33. A building permit is required for buildings and structures which require permits before the beginning of
construction. (Department of Building Inspection)
• 34. 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; 2008 National Electrical Code; 2003 ANSI 117.1
Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building Inspection)
35. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the County Road Impact Program. (Ordinance 2002-11)(Department of Planning
Services)
36. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the
fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services)
37. 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)
38. The number of employees associated with the daily operations is limited to 15 persons per shift.
(Department of Planning Services)
39. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240 of the Weld County Code.
40. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 of the Weld County Code.
41. The property owner or operator shall be responsible for complying with the Open-mining Standards of
Section 23-4-250, Weld County Code.
Resolution AmUSR-1102
L.G. Everist
Page 10
• 42. 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)
43. 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.
44. 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)
45. 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)
•
•
5- 3 - 11
LOCATION: West of and adjacent to State Hwy 71; north of and adjacent to CR 112.
• Michelle Martin, Planning Services, stated that the applicant has applied for a Telecommunication Antenna
Tower(250-foot tall cellular tower) in the A (Agricultural) Zone District.
The proposed tower facility is located on a parcel of land in a rural area. The nearest residence (which is
the property owner) is approximately 1,300-feet from the proposed tower site. The tower will be lighted
and will generate very little traffic as it is an unmanned facility. The surrounding area is rural in character,
primarily rangeland.
The site is not located within a three-mile referral area with any municipality.
Planning staff is recommending approval of the application along with the attached conditions of approval
and development standards.
Mary Evett, Environmental Health,stated that permanent water and sewer are not required since there are no
employees. She added that they have no concerns with this case.
Don Carroll, Public Works, stated that the access is from State Highway 71 at County Road 112 and requires
a minimum 20 foot clear zone. Staff has asked the applicant to contact the State regarding the access since
they have jurisdiction over Highway 71.
Kelly Harrison, Verizon Wireless, stated that they are proposing to construct a 250 foot self-support or lattice
tower in the southeast corner of the property. It will be lighted and there will be a small equipment building at
the base of the tower.
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 she read through the Development Standards and Conditions of Approval and
if they are in agreement with those. The applicant replied that she is in agreement.
Jason Maxey moved that Case USR-1777, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, seconded by Nick Berryman.
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, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair read the following case into record.
CASE NUMBER: AmUSR-1102
APPLICANT: L.G. Everist
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Amended Use by Special Review Permit
for a Mineral Resource Development including Open Pit Mining and Materials
Processing (sand, gravel and stone), including concrete and asphalt recycling
and a concrete and asphalt batch plant facility in the A(Agricultural)Zone
District.
LEGAL DESCRIPTION: Part of Section 32,T3N, R67W of the 6th P.M., Weld County, Colorado.
LOCATION: East of and adjacent to CR 15;south of and adjacent to CR 26.75;west of and
adjacent to CR 17.
Roy Spitzer recused himself on this case since the Firm he works for has contracts with L.G. Everist.
• Kim Ogle, Planning Services, stated that the application proposes to extract the mineral resource, specifically
309 acres, within the boundary. According to the Weld County Sand and Gravel Resources Map dated July
1975, the northern part of the property is classified as Fl Floodplain Deposits which are relatively clean and
4
sound. The application materials indicate that approximately 28 to 32 feet of resource underneath the 5 to 6
• foot layer of overburden will be extracted from the property.
The proposed use is compatible with the surrounding properties which include agricultural lands, limited rural
residential and multiple mineral resource development facilities. Lands to the north lie within the St. Vrain
Creek floodplain. Also to the north is land owned by the Town of Firestone yet not annexed into the Town.
This land was associated with the Firestone Trail Alignment. Land northeast of the property on County Road
28 is permitted with a Ready Mix facility, under USR-1343. Land to the east is the Town of Firestone as part
of the Heitzelman Pit annexed recently in May 2010. Lands to the south remain as agricultural operations. To
the west is the Nelson Mining Resource Pit and Asphalt Specialties permitted under USR-1529.
Twenty-nine referral agencies reviewed the case; eight agencies offered comments, some with specific
conditions. No letters of concern or phone calls have been received regarding this application.
It is the opinion of the Department of Planning Services that the conditions of approval and development
standards will address the concerns raised by referral agencies;therefore staff is recommending approval of
the application.
Mr. Ogle stated that staff is requesting to delete Condition of Approval 1.H as it is addressed in the
Development Standards.
Lauren Light, Environmental Health, stated that potable water will be provided by Central Weld County Water
District. The previous USR permit approved the use of portable toilets and is repeated in Development
Standard 11. The applicants have met all the conditions and staff has no concerns with this request.
Heidi Hansen, Public Works, stated that thy applicants are using an existing access onto County Road 15
which they have paved. An amended Road Maintenance Agreement has been requested. No additional off-
site improvements are needed; however they would like to bring it to the current standards and ensure that the
• haul routes are maintained. A portion of the site is within the FEMA mapped 100 year floodplain and added
that the applicant has indicated that they are having floodplain mapping done. It appears that that mapping
may take the site completely out of the floodplain. FEMA is the only entity that can change the floodplain so
we will need to receive approval from them.
Steve O'Brien, Environment Inc., representing L.G. Everist (LGE), stated that that they are expanding the
existing mine. He added that L.G. Everist operates a mine to the west of this facility and the plan is that as
that mine is shut down it will transition into this mine. He expects the transition to take place in the next 5
years.
Mr. O'Brien stated that they have a floodplain study and the preliminary indication is that there is no longer
floodplain on the property. When reclamation takes place, originally it was going to be left as an open pit sand
and gravel with groundwater exposed. The plans have been designed to put liners in it now so that it will be a
sealed area. They (LGE) haven't called it a reservoir/storage area mainly because of the length of time it
takes to develop the mine and also LGEhaven't put it on the market to sell the water storage at this point. At
this point the approved plan at the State is to line the pits so there is no exposed groundwater.
Commissioner Hall asked what the issue is with The Town of Firestone. Mr. O'Brien said that Firestone has
requested an additional 20 feet of right-of-way that along County Roads 26 and 17 L.G. Everist doesn't feel
they should have to give them for the realignment or the Firestone Trail. He added that there is open
discussion as to this point, but it happened as such a late hour that there is nothing resolved at this time.
Dave Lindsey, Town of Firestone, 151 Grant Ave, Firestone, CO, commented that Firestone doesn't have
objections to the application. He added that they sent some comments to Weld County Planning Staff
addressing the rights-of-way that were mentioned. In 1998 the Town of Firestone purchased about 12.5 miles
of the old Dent Branch of the Union Pacific Railroad,a portion of that used to run through this site. There are
• several gaps in the property's that the railroad conveyed to them. One of those gaps is on this site. As
indicated a letter was sent to L.G. Everist on Friday and there hasn't been much opportunity for them to look
through the letter but Mr. Lindsay commented that they hope to meet with them prior to the Board of County
5
Commissioner hearing. He added that they are proposing to consider a land swap along County Roads 26.75
. and 17 that would give them the ability to get the trail around the operation and widen County Road 26 which
would include the trail in the public right-of-way. Mr. Lindsay reiterated that they are not opposed to the
application; however they are trying to negotiate the route for the trail.
Mark Lawley moved to delete Condition of Approval 1.H as stated, seconded by Erich Ehrlich. Motion carried.
Commissioner Grand asked the applicant if they feel that a resolution can be accomplished. Lynn Mayer
Shut, L.G. Everist, 7321 E. 88`h Ave, Henderson, CO, indicated that they anticipate a resolution.
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 noting that
Development Standards 27-31 regarding the floodplain may be removed upon determination from FEMA.
Robert Grand moved that Case AmUSR-1102 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;AlexanderZauder,yes;Jason Maxey, yes;
Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair read the following case into the record.
CASE NUMBER: USR-1780
• APPLICANT: Petroleum Development Corporation
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Telecommunication Antenna Tower(100 foot communication tower) in the A
(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot B RE-4988; located in the NW4 of Section 21,T4nN R67W of the 6th P.M.,
Weld County, Colorado.
LOCATION: East of and adjacent to CR 17; approximately 750 feet south of CR 44.
Chris Gathman, Planning Services, stated that this request is for a 100 foot self-supporting communication
tower. This application request is to extend the height of the communication tower from 70 feet to 100 feet.
Petroleum Development Corporation was approved for a 70 foot communication tower in this location under a
zoning permit(ZPTT-0001) in 2010.
The surrounding area is residential in character to the west and immediately to the south. Agricultural land is
located to the north and east. The nearest residence is located approximately 400 feet to the southwest of the
tower site while an existing subdivision is located approximately 600 to 700 feet to the west across County
Road 17. There are existing improvements,a residence and outbuildings located on the site as well as oil and
gas wells. The site is immediately surrounded by the town limits for the Town of Johnstown.
Twelve referrals were sent out and seven agencies returned comments and either indicated no concerns or
are addressed through the conditions of approval and development standards.
No referral responses were received from the Federal Communications Commission, FAA,Town of Berthoud,
and the Johnstown Fire Protection District. It is located within the three-mile referral areas for the Towns of
Berthoud, Johnstown and Milliken. Milliken indicated no conflict with their interests and no referral response
was received from Berthoud. The Town of Johnstown, in their referral response dated March 22, 2011,
indicated the location of the tower appeared to be optimal in regard to setbacks and screening; however they
• also requested that an opaque fence of sufficient height be installed to screen the ground improvements.
Johnstown also indicated that they require towers located in Town to have an earth tone color. Given that this
6
Hello