HomeMy WebLinkAbout20110194.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Bill Hall, 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-1767
APPLICANT: Michael Konig
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(Konig borrow
mine), in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: NW4 of Section 11, T10N, R62W of the 6th P.M., Weld County, Colorado.
LOCATION: East of and adjacent to CR 81; south of and adjacent to CR 120.
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 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 U-4 (Upland deposits — unevaluated course and fine
aggregate resources). The application materials indicated that approximately 10 feet of
sand, gravel and stones underneath 6 to 8 inches of overburden topsoil is located on 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 application proposes to extract the mineral resource within a 35 acre borrow area in the
middle of the 160 acre property. The multiple linear berms planted with a dryland seed
mixture will assist in preventing wind and moisture erosion and to create visual interest.
Proposed access to the site will be located off of County Road 81 via an internal access into
the site.
Section 22-5-80.O.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.
There is no processing occurring on site, this is strictly a borrow mine.
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 Mineral Resource Development Facility
including Open Pit Gravel 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 site is surrounded by dryland pasture lands and limited
•
agricultural, and rural residential uses. There are large tracts of land in the near vicinity.
E)1IBIT
2011-0194 ;�
USA 1-Ay-7
Resolution USR-1767
Michael Konig
Page 2
• 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 proposed site is located within the 3-mile referral area of the Town of
Grover.. The Town of Grover did not return a referral response.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5-230 of the Weld County
Code. The proposal is not located within the Flood Hazard Overlay District area.
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 subject site is primarily
classified as"Prime"and"Irrigated Prime" land 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".
• 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 recommends that the following conditions of approval and development standards
be attached:
1. Prior to recording the plat:
A. County Road 81 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 the
existing right-of-way and the documents creating the right-of-way. The applicant shall verify
the proposed 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. County Road 81 is maintained by Weld County. (Department of Public Works)
B. County Road 120 is designated on the Weld County Road Classification Plan as a collector
road,which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-
of-way.An additional 10 feet shall be delineated on the plat as future County Road 120 right-
• of-way. All setbacks shall be measured from the edge of future right-of-way. The applicant
shall verify the existing right-of-way and the documents creating the right-of-way. If the right-
of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County.
(Department of Public Works)
Resolution USR-1767
Michael Konig
Page 3
• C. The applicant shall address the requirements(concerns)of the Department of Public Works,
as stated in their referral response dated November 22 2010. Evidence of approval shall be
submitted in writing to the Department of Planning Services. (Department of Planning
Services)
D. An Improvements Agreement between the Applicant and the County will be required for this
project. It will detail the approved haul route(s), any onsite and offsite requirements, and a
maintenance agreement for the haul routes. Intersection improvements will be needed at the
intersection of WCR 81 and WCR 120 and shall include a paved apron with sufficient turning
radiuses for large trucks. Road maintenance will also be required including possible dust
control on WCR 81 triggered by traffic counts. (Departments of Public Works and Planning
Services)
E. Should improvements be required within the public right-of-way, or a special transport permit
for oversized or overweight vehicles that may access the site please contact the Utility
Coordinator for Weld County Public Works, for the appropriate permit. (Department of
Public Works)
F. In the event washing of vehicles will occur on site the applicant shall ensure that any
vehicle washing area(s) shall capture all effluent and prevent discharges from the
washing of vehicles in accordance with the Rules and Regulations of the Water Quality
Control Commission, and the Environmental Protection Agency. Vehicle washing areas
should be designated on the plat. Evidence of approval shall be submitted in writing to the
Department of Planning Services. (Department of Public Health & Environment)
G. In the event that 1 or more acres are disturbed during the construction and development
of this site, the applicant shall obtain a stormwater discharge permit from the Water
• Quality Control Division of the Colorado Department of Public Health and Environment.
Evidence of approval shall be submitted in writing to the Department of Planning
Services. (Department of Public Health & Environment)
H. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR-1767. (Department of Planning Services)
2. The location of any on-site signs. (Department of Planning Services)
3. The approved Landscape and Screening 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 23-3-250.8.6 of the Weld County Code. (Department of
Planning Services)
5. 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)
2. Prior to Operation:
A. The applicant shall install a stop sign at the exit of the pit approach onto County Road 81.
(Department of Planning Services)
• 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)
Resolution USR-1767
Michael Konig
Page 4
• 4. Upon completion of 1. and 2. 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 thirty (30) 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 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)
6. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005,should the plat not
be recorded within the required thirty (30) 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 Jason Maxey.
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 January 4, 2011.
Dated the 4th of January, 2011.
)
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Konig Mine— Konig Ag Co.
•
USR-1767
1. A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development
Facility including Open Pit Gravel Mining 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". (Department of
Public Health and Environment)
7. Any vehicle washing area(s) 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)
8. 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)
9. 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)
10. Adequate drinking, hand washing and toilet facilities shall be provided for all personnel located at or
entering the facility. Bottled water and portable toilets are acceptable. (Department of Public Health
and Environment)
11. 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)
12. Portable toilets may be utilized on sites that are temporary locations of the working face. (Department
of Public Health and Environment)
13. Bottled water shall be provided to employees at the temporary locations of the working face.
(Department of Public Health and Environment)
14. 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)
• 15. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department
of Public Health & Environment, Water Quality Control Division. (Department of Public Health and
Environment)
Resolution USR-1767
Michael Konig
Page 6
• 16. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Reclamation Mining and Safety. (Department of Public Health and Environment)
17. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
18. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in
accordance with the plan. Neither the direct nor reflected light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be
used which may be confused with or constructed as traffic control devices. (Department of Planning
Services)
20. 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)
21. The number of employees on-site at one time shall not exceed three (3). (Department of Planning
Services)
22. Existing 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)
23. Where topsoil is removed, sufficient arable soil shall be set aside for re-spreading over the reclaimed
• areas. (Department of Planning Services)
24. 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)
25. 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)
26. The site must take into consideration storm water capture/quantity and provide accordingly for best
management practices. (Department of Public Works)
27. The screening on site shall be maintained in accordance with the approved Screening Plan.
(Department of Planning Services)
28. Building permits will be required for all new structures prior to construction.
29. A plan review is required for each building. Plans will require the wet stamp of a Colorado registered
architect or engineer.
30. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of
permit application.
31. A letter of approval from the Pawnee Fire Protection District is required prior to issuing of building
perm its.
• 32. 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)
Resolution USR-1767
Michael Konig
Page 7
• 33. 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)
34. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240 of the Weld County Code.
35. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 of the Weld County Code.
36. The property owner or operator shall be responsible for complying with the Open-mining Standards of
Section 23-4-250, Weld County Code.
37. 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.
38. 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.
39. 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)
40. 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)
41. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness,wildlife, lack of city noise and congestion,and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning;flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
• visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Resolution USR-1767
Michael Konig
Page 8
• Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved"out of the way"of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware)with more than three thousand seven hundred(3,700)miles of state
and county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed, will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock,and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood
•
S
1 - '-I -ill
• Jason Maxey moved that Case USR-1762, 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 Roy Spitzer.
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 with comment; Bill Hall, yes;AlexanderZauder, absent;
Jason Maxey, yes with comment; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried
unanimously.
Commissioner Grand commented that this is an example of looking at the pure wording of the resolution and
not necessarily the intent. He believes that having these applicants pay for this process given the thought
process is a burden.
Commissioner Maxey echoed Mr. Grand's comments.
Commissioner Holton agreed with Mr. Grand's comments as well.
The Chair read the last case into record.
CASE NUMBER: USR-1767
APPLICANT: Michael Konig
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(Konig borrow
mine), in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: NW4 of Section 11,T10N, R62W of the 6th P.M., Weld County, Colorado.
LOCATION: East of and adjacent to CR 81; south of and adjacent to CR 120.
• Kim Ogle, Planning Services, stated that the application proposes to extract the mineral resource within a 35
acre borrow area in the middle of the 160 acre property. According to the Weld County Sand, Gravel
Resources map dated July 1, 1975, the northern part of the property is classified as U-4 (Upland deposits—
unevaluated course and fine aggregate resources). The application materials indicated that approximately 10
feet of sand, gravel and stones underneath 6 to 8 inches of overburden topsoil is located on the site.
The multiple linear berms planted with a dryland seed mixture will assist in preventing wind and moisture
erosion and to create visual interest. Proposed access to the site will be located off of County Road 81 via an
internal access into the site.
The site is surrounded by dryland pasture lands and limited agricultural, and rural residential uses. There are
large tracts of land in the near vicinity. The proposed site is located within the three-mile referral area of the
Town of Grover. The Town of Grover did not return a referral response.
Twelve referral agencies reviewed the case; four agencies offered comments, some with specific conditions,
which have been incorporated into the conditions of approval and development standards.
The Department of Planning Services' Staff recommends that this request be approved along with the
attached conditions of approval and development standards.
Mr. Ogle requested to remove Condition of Approval 1.A since that condition has been met by the applicant.
Mary Evett, Environmental Health, stated that the applicant is proposing portable toilets and bottled water
for employees and drivers. However, since the mining operations could occur up to 10 years, permanent
sewage and water shall be provided for drinking and sanitation purposes for employees. She added that
they may be able to install a vault for sewage disposal and portable toilets and bottled water may be used
• at the working face of the mine.
The applicants submitted documentation of their Air Pollution Emission Notice; therefore Con '
EXHIBIT
• Approval 1.H may be removed.
On December 8, 2010, the Division of Water Resources approved an off-site source of water for dust
suppression (Well Permit Number 69713F). Therefore, Condition of Approval 1.G has been met and may
be removed as well.
Roy Spitzer moved to delete Conditions of Approval 1.A, 1.G, and 1.H, seconded by Erich Ehrlich. Motion
carried.
Heidi Hansen, Public Works, stated that County Road 81 is a local, gravel road with 60 feet of right-of-
way. County Road 120 is a paved collector roadway requiring 80 feet of right-of-way. The applicant is
using the existing access onto County Road 81. Staff requested that a double cattle guard be installed to
allow for a full revolution of the truck tires so it does not track onto the county roadway. An Improvements
Agreement will be made with the applicant to ensure that the cost of any upgrades is not born by the
residents of the county. The agreement will most likely include some haul route maintenance, some
improvements to protect the pavement at the intersection of County Roads 81 and 120 and possibly some
dust control. Mr. Hansen stated that Public Works will be meeting with the applicants to work out the
specifics of that agreement prior to the Board of County Commissioner hearing. A drainage design has
been submitted and is acceptable to Public Works.
Jennifer Henninger, Baseline Corporation, 712 St, Golden CO, stated that this application is requesting to
create a borrow pit on 35 acres for fill dirt used primarily for oil and gas facilities for pad and road
construction. The mine is proposed to be done in two phases. All disturbed areas will be reclaimed to
pasture land.
Andy Jones, Attorney for the Konigs, stated that they have represented the applicants for many years on a
number of issues. He provided a handout of the applicant's request of waivers from the conditions of
• approval.
Mr. Jones proceeded to request for a recommendation to the Board of County Commissioners that the
excess fees be refunded to the applicants. He said that the applicant was charged a fee based upon the
entire parcel (121 acres)whereas the mining area is 35 acres. The reference to the mining permit in the
fee schedule suggests that the intent was to focus on the area that was actually being mined.
Weld County Road 120 is not in the location of the section line. It actually bends to the south into the
Konig property. Staff has requested that there be a dedication of the actual location of Weld County Road
120. Mr. Jones commented that the Konigs are willing to do that and make that correction; however in
order to do that the road will need to be surveyed. He understands that the cost of the survey may be
$3000 to $5000 and requests that if the County wants the Konigs' to dedicate that road in its actual
location that the County would pay for the survey necessary to create the record.
Mr. Jones said that the requirement of the Improvements Agreement, according to Weld County Code
Section 23-2-200.F, states that the applicant or owner shall submit an Improvements Agreement agreeing
to construct the required improvements. He said that they don't feel that the request for a paved apron at
the intersection of County Roads 81 and 120 is necessary. He added that the gravel road and the asphalt
road are at the same level. He said that they would be willing to maintain the gravel at that intersection;
however the apron itself is about $3000 to $5000 expense to the Konigs and they don't believe it is
warranted.
Currently, the fill dirt for the oil and gas activities occurring in Northern Weld County is coming from points
further south. The opening up of this borrow pit will cut the travel on the Weld County road system
dramatically by about 18 miles. Therefore they feel that they are actually providing a service to these oil
and gas operators in northern Weld County by moving that closer. There is less wear and tear on the
roads in the south and they feel that should be considered regarding the context of the maintenance
• agreement for the haul routes.
There is also a requirement of bonding for onsite improvements. Mr. Jones said that the 112 Permit from
10
• the State requires bonding and addresses the improvements; therefore it seems that it is a double
requirement. On these issues, they agree with staff that they are in the process of discussing these and
they wish to continue to do that. The problem is that some of the conditions have some mandatory
language. Therefore, they are requesting to strike the mandatory language and allow the applicants to
talk to staff regarding this and see what is resolved prior to the Board of County Commissioners hearing.
The 112 Permit from the State allows the mining operation up to 10 years but they believe it will be
intermittent over the next 2 to 3 years until the fill runs out. There is one primary employee that works on
the site. Under the conditions of approval there is a request for a permanent water supply. He said that
this is a rural area and these agricultural workers frequently work in these kinds of locations and they feel
it is overkill to be required to have a permanent water supply for a temporary use.
In addition, Mr. Jones commented that they intend to provide a portable toilet onsite and they feel it is
sufficient for the one employee.
Mr. Barker said that the Planning Commission is not in the position to negotiate the Improvements
Agreement. The bonding requirements are required by the Weld County Code and would be approved by
the Board of County Commissioners. The request may be made to them to waive that requirement.
Ms. Hansen said that with regard to dedication of County Road 120, the road dips south into the Konig
property and it was built outside of the County 30 feet of right-of-way. Therefore the existing road is not
located in the County right-of-way, so the standard comment is that it should be verified or dedicated. She
added that the applicants have been working with the County Surveyor and she was told by the County
Surveyor that he had discussed the possibility with the applicants of writing the actual survey description
for them so that they would not have to get a survey to dedicate this.
Mr. Barker agrees with Mr. Jones and would insist that a survey be done. However, he also agrees with
• Ms. Hansen that the language here is sufficient.
Commissioner Grand asked if there would be drivers coming to the site. Chris Rundall, Baseline
Engineering, stated that the pit would have up to three employees operating the machinery and up to five
drivers of the haul trucks coming in and out of the site per day. Commissioner Hall asked if this would be
on a continuous basis. Mr. Rundall said that they anticipate that it would be intermittent because it is
based on the demand of the fill materials.
Ms. Evett, recommended that Development Standard 10 be amended to include a second sentence which
states "Bottled water and portable toilets are acceptable". In addition, Development Standard 11 could be
deleted.
Mark Lawley moved to remove Development Standard 11 and renumber accordingly, seconded by Robert
Grand. Motion carried.
Ms. Evett suggested removing Condition of Approval 1.1 regarding the permanent water source. Erich
Ehrlich moved to delete Condition of Approval 1.1 and re-letter accordingly, seconded by Mark Lawley.
Motion carried.
Mark Lawley moved to delete Condition of Approval 2.B, seconded by Erich Ehrlich. Motion carried.
Mark Lawley moved to amend Development Standard 10 as recommended by staff, seconded by Roy
Spitzer. Motion carried.
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 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.
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• Bill Hall moved that Case USR-1767, 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 Jason Maxey.
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, absent;Jason Maxey,
yes; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair asked the Planning Commission members if there was any new business to discuss. No one had
any further business to discuss.
Meeting adjourned at 4:12 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
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