HomeMy WebLinkAbout20111907.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Robert Grand, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1760
APPLICANT: Varra Companies, Inc.
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Mineral Resource Development Facility including Open Pit Gravel Mining
(sands, gravels and stones) and Materials Processing including concrete or
asphaltic batch plants and/or recycling operations in the 1-3(Industrial)Zone
District.
LEGAL DESCRIPTION: Part NW4, NE4& NE4, NW4 Section 9; and part S2 S2 Section 4, all in T5N,
R65W of the 6th P.M., Weld County, Colorado.
LOCATION: North of 16th Street; East of Ash Avenue, City of Greeley.
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."
tikZ:
2011-1907
Resolution USR-1760
Varra Companies, 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 a Special Review Permit fora Mineral Resource Development facility
including Open Pit Gravel Mining(sands, gravels and stones), materials processing including
concrete or asphaltic batch plants and/or concrete or asphaltic recycling operations in the I
(Industrial) 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 contains Industrial zoned lands that have historically been
utilized for cattle grazing and farming. Later the property was utilized for wastes generated
from the sugar beet industry, the previous owner prior to Varra acquiring the lands in 2007.
The proposed use, mineral extraction initially and reclaimed as water storage basins would
be compatible with surrounding properties which include industrial zoned and agricultural
zoned lands and land uses, residential development to the South, the Leprino Foods
Manufacturing Plant and supporting structures and mineral resource facilities Doeringsfeld
Varra Mine[AmSUP-345, initially permitted in 1978 and amended in 1986]. The applicant is
not proposing to install a vegetated berm at the boundary as there is already separation from
• adjacent land uses.
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 a few homes
in the area. The site in zoned 1-3, Industrial,yet currently contains agricultural land uses with
the proposed land use compatible with surrounding properties which include gravel
operations in the general vicinity,AmSUP-345 DoeringsfeldNarra mine. The City of Greeley
in their referral dated December 17, 2010 provided several advisory statements including the
coordination of the reclamation of the site with the adopted East Greeley Study. The
applicant's have stated that reclamation of the site will be addressed in such a way as it
enhances the natural habitat of the river corridor, and by default minimizes the negative
impacts and treat them as an amenity. Adjacent land uses to the south include a rural
residential development pattern on large tracts of land sited in close proximity to 16th Street
with livestock and/or commercial operations. These properties are within the Union Colony
Lands subdivision and are at a higher elevation than the proposed mine site. The materials
processing including concrete or asphaltic batch plants and/or concrete or asphaltic recycling
operation component will be sited a minimum of four hundred fifty (450) feet from property
line in the southeast quadrant of the site, identified in the site drawings as Tract A. Condition
of Approval "L" requires a Noise Abatement Plan to be submitted and approved, and
Development Standard number 10 restricts the noise level to the Industrial standard as
delineated in Section 14-9-30 of the Weld County Code.
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.
Resolution USR-1760
Varra Companies, Inc.
Page 3
• 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#080266-0637C dated September 28, 1982 for the Floodplain.
Flood Hazard Development Permits will be required for all structures 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 issued on the proposed lots 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 issued on the proposed lots, will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance
2011-2)
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 other land as
delineated on the Important Farmlands of Weld County map, dated 1979. The entire site
holds post sugar beet processing organic materials over an aggregate mineral resource of
sands, gravels and stones. 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 Mitigation Plan to the Weld County Planning Department for
review and approval. This plan shall include specifications of any proposed berms. The
proposed berms will be extended to mitigate impacts to surrounding properties and adjacent
road rights-of-way. The applicant shall use breaks in the berm with appropriate screening
materials to fill the void, culverts, or some other method that will allow water to flow freely.
(Department of Planning Services)
B. The applicant shall address the requirements of the Department of Public Works, as stated in
their referral responses dated December 28, 2010. Written evidence of approval shall be
submitted in writing to the Department of Planning Services. (Department of Planning
Services)
• C. The applicant shall address the requirements of the Department of Public Health and
Environment, as stated in their referral response dated January 17, 2011. Written evidence
of approval shall be submitted in writing to the Department of Planning Services.
(Department of Planning Services)
Resolution USR-1760
Varra Companies, Inc.
Page 4
• D. The applicant shall address the requirements of the City of Greeley, as stated in their referral
response dated December 17, 2010, with follow-up electronic email of June 2, 2011.
Evidence of approval shall be submitted in writing to the Department of Planning Services.
(Department of Planning Services)
E. Section 22-5-100.A of the Weld County Code states"oil and gas exploration and production
should occur in a manner which minimizes the impact to agricultural uses and the
environment and reduces the conflicts between mineral development and current and future
surface uses." Section 22-5-100.B of the Weld County Code states "...encourage
cooperation, coordination and communication between the surface owner and the mineral
owner/operators of either the surface or the mineral estate." Section 22-5-100.B.1 of the
Weld County Code also states "new development should be planned to take into account
current and future oil and gas drilling activity to the extent oil and gas development can
reasonably be anticipated." The applicant shall either submit a copy of an agreement with the
property's mineral owner/operators stipulating that the oil and gas activities have been
adequately incorporated into the design of the site or show evidence that an adequate
attempt has been made to mitigate the concerns of the mineral owner/operators. Drill
envelopes can be delineated on the plat in accordance with the State requirements as an
attempt to mitigate concerns.The plat shall be amended to include any possible future drilling
sites. (Department of Planning Services)
F. The applicant shall address the requirements (concerns) of State of Colorado Division of
Water Resources, as stated in the referral response dated 30, 2010. Written evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
G. A Flood Hazard Development Permit (FHDP) is required in order to construct any type of
building, place fill, or conduct mining operations within the FEMA designated floodplain.
•
Please note that it may be necessary to utilize hydraulic modeling showing the impact of
mining on adjacent properties. For FHDP modeling purposes, it will be necessary to utilize
the Army Corps of Engineers modeling that has been accepted by FEMA. 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)
H. The applicant shall provide a detailed drawing of the access points showing entrance and exit
lanes with adequate turning radiuses, paving to the scale house area, small paved parking lot
to accommodate customers, circulation pattern on the immediate area including employee
parking, truck parking area et cetera to the Department of Public Works. Written evidence
shall be submitted to the Department of Planning Services. (Department of Public Works)
Evidence shall be provided to the Department of Planning Services that all vehicles located
on the property must be operational with current license plates, or be screened from all
adjacent properties and public rights of way,or be removed from the property.All other items
considered to be part of a noncommercial junkyard must also be removed from the property
or screened from adjacent properties and public rights-of-way. Evidence of approval shall be
submitted in writing to the Department of Planning Services. (Department of Planning
Services)
J. The applicant shall submit a dust abatement plan for review and approval,to Environmental
Health Services,Weld County Department of Public Health&Environment.Written evidence
of approval shall be submitted to the Department of Planning Services. (Department of
Public Health and Environment)
K. The applicant shall submit a noise abatement plan for review and approval,to Environmental
Health Services, Weld County Department of Public Health&Environment.Written evidence
of approval shall be submitted to the Department of Planning Services. (Department of
• Public Health and Environment)
Resolution USR-1760
Varra Companies, Inc.
Page 5
• L. The Division requires that an odor abatement and response plan be submitted prior to
operation of the facility. This plan shall be implemented at the request of the health
department in the event that odor levels detected off site of the facility meet or exceed the
odor limit as specified by the Colorado Revised Statues. The plan shall also be implemented
in the event that the Health Department receives a significant number of odor complaints and
in the judgment of the Director of Public Health, there exists an odor condition requiring
abatement. Written evidence of approval shall be submitted to the Department of Planning
Services. (Department of Public Health and Environment)
M. The applicant shall submit evidence, from the Colorado Division of Water Resources,
demonstrating that the well and substitute water supply plan are appropriately permitted for
the industrial use or provide a will serve letter from a water district. This requirement is for
water that will be utilized for potable uses as well as dust control. Written evidence of
approval shall be submitted to the Department of Planning Services. (Department of Public
Health and Environment)
N. The applicant shall submit a waste handling plan, for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health&Environment. The plan
shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed (including the
facility name, address, and phone number).
•
Written evidence of approval shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
Q. 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)
P. The applicant shall submit written or electronic evidence, from the FAA documenting that
Form 7460-1 --Notice of Proposed Construction or Alteration has been submitted, reviewed
and approved, or alternatively, written or electronic evidence that Form 7460-1 is not
applicable. (FAA)
Q. The applicant shall either submit a copy of an agreement with the property's mineral
owner/operators stipulating that the oil and gas activities have been adequately incorporated
into the design of the site or show evidence that an adequate attempt has been made to
mitigate the concerns of the mineral owner/operators. Drill envelopes can be delineated on
the plat in accordance with the State requirements as an attempt to mitigate concerns. The
plat shall be amended to include any possible future drilling sites. (Department of Planning
Services)
2. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR-1760. (Department of Planning Services)
• B. The on-site parking, site access, site circulation,site entrance and exit lane requirements and
auxiliary lanes as approved by the City of Greeley, Department of Public Works, and the
Department of Planning Services. (Department of Planning Services)
Resolution USR-1760
Varra Companies, Inc.
Page 6
• C. The location of any on-site signs. (Department of Planning Services)
D. Oil and Gas encumbrances including gathering lines with appropriate setbacks shall be
delineated on the plat. (Department of Planning Services)
E. Setbacks to the mining operation are measured from the right-of-way or future right-of-way
lines plus the standard setback of 25 feet in the Industrial zone district. No structure will be
allowed in the future right-of-way.
F. Please show the locations of the topsoil, overburden, and product stockpiles on your maps.
Note that stockpiles cannot be placed in the floodway and stockpiles located within the 100-
year floodplain must be shown to have no impact on the water surface elevations on the
adjacent properties not owned by the applicant. 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)
G. All future and existing City of Greeley and County Roads shall be delineated on the plat
including their existing and future right-of-way. (Department of Planning Services)
H. All known and recorded easements and rights-of-way that may be present on site.
(Department of Planning Services)
Drill envelopes shall be delineated on the plat in accordance with the State requirements
should an oil and gas surface use agreement not be completed and/or recorded. The plat
shall be amended to include any possible future drilling sites. (Department of Planning
Services)
• 3. One month prior to construction:
A. The County, in cooperation with the City of Greeley, is requiring a tracking pad to prevent
tracking of mud and gravel on to the paved roadway. The tracking pad may consist of either
300 feet of asphalt or concrete pavement with adequate turning radiuses on to Ash Avenue
or 100 feet of asphalt or concrete pavement with double cattle guards. (Department of Public
Works)
B. The applicant shall provide written approval for the proposed access points from the City of
Greeley. (Department of Public Works)
4. Prior to construction:
A. A building permit shall be obtained prior to the construction or placement of any structure
such as a scale, concrete and asphalt plant, office, recycling plant,office trailer and any other
structures placed on the parcels. An electrical permit will be required for any electrical
service to equipment. 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)
5. Prior to issuance of the Certificate of Occupancy:
A. An individual sewage disposal system (ISDS) is required and shall be installed according to
the Weld County Individual Sewage Disposal Regulations. A vault is an acceptable ISDS.
(Department of Public Health and Environment)
6. 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)
Resolution USR-1760
Varra Companies, Inc.
Page 7
• 7. 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)
8. 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 Bill Hall.
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.
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Varra Companies, Inc.
•
USR-1760
1. A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development
Facility including Open Pit Gravel Mining(sands, gravels and stones), materials processing including
concrete or asphaltic batch plants and/or concrete or asphaltic recycling operations in the 1-3
(Industrial) 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 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)
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 Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
11. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of
the facility at all times. (Department of Public Health and Environment)
12. Sewage disposal for the facility shall be by septic system. Any septic system located on the property
must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal
Systems. (Department of Public Health and Environment)
13. Portable toilets may be utilized on sites that are temporary locations of the working face and portable
processing equipment, et cetera for up to six months at each location. (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)
Resolution USR-1760
Varra Companies, Inc.
Page 9
• 15. A permanent, adequate water supply shall be provided for drinking and sanitary purposes,at all times.
(Department of Public Health and Environment)
16. The applicant shall comply with the Drinking Water section of the Water Quality Control Division of the
Colorado Department of Public health and environment if applicable. (Department of Public Health
and Environment)
17. 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)
18. 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)
19. 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)
20. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Reclamation Mining & Safety. (Department of Public Health and Environment)
21. The operation shall comply with the Mine Safety and Health Act (MSHA) (Department of Public
Health and Environment)
22. The operation shall comply with the Occupational Safety and Health Act (OSHA) (Department of
• Public Health and Environment)
23. 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 and Environment)
24. 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)
25. "No Trespassing"signs shall be posted and maintained on the perimeter fence to clearly identify the
boundaries of the site. (Department of Planning Services)
26. 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)
27. 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)
28. 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)
Resolution USR-1760
Varra Companies, Inc.
Page 10
• 29. Where topsoil is removed, sufficient arable soil shall be set aside for re-spreading over the reclaimed
areas. (Department of Planning Services)
30. 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)
31. 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)
32. The site must take into consideration storm water capture/quantity and provide accordingly for best
management practices. (Department of Public Works)
33. The site is located within the FEMA mapped Zone A 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)
34. 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)
35. The applicant must take into consideration storm water capture/quantity and provide accordingly for
best management practices. (Department of Public Works)
• 36. 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)
37. A building permit shall be obtained prior to the construction or placement of any structure such as a
scale, concrete and asphalt plant, office, recycling plant, office trailer and any other structures placed
on the parcels. An electrical permit will be required for any electrical service to equipment. 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)
38. A plan review is required for each building for which a building permit is required. Plans shall bear the
wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required
when applying for each permit. (Department of Building Inspection)
39. 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; 2008 National
Electrical Code; 2006 International Fuel Gas Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
40. Each structure set on a foundation will require an engineered foundation based on a site-specific
geotechnical report or an open hole inspection performed by a Colorado registered engineer.
Engineered foundations shall be designed by a Colorado registered engineer. (Department of
Building Inspection)
• 41. Building wall and opening protection and limitations and the separation of buildings of mixed
occupancy classifications shall be in accordance with the Building Code. Setback and offset
distances shall be determined by the Weld County Code. (Department of Building Inspection)
Resolution USR-1760
Varra Companies, Inc.
Page 11
• 42. Building height shall be measured in accordance with the Building Code for the purpose of
determining the maximum building size and height for various uses and types of construction and to
determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code.
Building height shall be measured in accordance with Chapter23 of the Weld County Code in order to
determine compliance with offset and setback requirements. Offset and setback requirements are
measured to the farthest projection from the building. (Department of Building Inspection)
43. Effective April 25,2011, Building Permits issued on the proposed lots will be required to adhere to the
fee structure of the Weld County Road Impact Program. (Ordinance 2011-2) (Department of
Planning Services)
44. Effective April 25, 2011, Building Permits issued on the proposed lots,will be required to adhere to the
fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2) (Department
of Planning Services)
45. 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)
46. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240 of the Weld County Code.
47. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 of the Weld County Code.
48. The property owner or operator shall be responsible for complying with the Open-mining Standards of
Section 23-4-250, Weld County Code.
49. 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.
50. 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.
51. 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)
52. 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)
S
7-42- i/
• SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, July 12, 2011
A regular meeting of the Weld County Planning Commission was held in the Weld County Department of
Planning Services, Hearing Room, 918 10th Street, Greeley, Colorado. The meeting was called to order by
Chair, Tom Holton, at 1:30 p.m.
ROLL CALL ABSENT
Tom Holton
Mark Lawley
Nick Berryman
Erich Ehrlich
Robert Grand
Bill Hall
Roy Spitzer
Alexander Zauder
Jason Maxey
Also Present: Kim Ogle, Chris Gathman, Trevor Jiricek, Department of Planning Services; Heidi Hansen,
Department of Public Works; Lauren Light and Mary Evett, Department of Health; Bruce Barker, County
Attorney, and Kris Ranslem, Secretary.
Robert Grand moved to approve the June 7,2010 Weld County Planning Commission minutes, seconded by
Bill Hall. Motion carried.
• The Chair read the first case into record.
CASE NUMBER: AmUSR-298
APPLICANT: Leroy&Peggy Bellmore, dba North Weld Gravel LLLP
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) in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: E2NE4 of Section 7,T8N, R65W of the 6th P.M., Weld County, Colorado.
LOCATION: West of and adjacent to CR 39; South of and adjacent to CR 96.
Kim Ogle, Planning Services, stated that staff received a letter dated July 8, 2011 from Lisa Farmer of the
Applegate Group requesting withdrawal of the application for LeRoy and Peggy Bellmore, doing business as
North Weld Gravel.
Bill Hall moved to accept the withdrawal of Case AmUSR-298, seconded by Jason Maxey. Motion carried
unanimously.
The Chair read the next case into record.
CASE NUMBER: USR-1760
APPLICANT: Varra Companies, Inc.
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Mineral Resource Development Facility including Open Pit Gravel Mining
(sands, gravels and stones) and Materials Processing including concrete or
asphaltic batch plants and/or recycling operations in the 1-3 (Industrial) Zone
District.
• LEGAL DESCRIPTION: Part NW4, NE4&NE4, NW4 Section 9; and part S2 S2 Section 4, all in T5N,
R65W of the 6th P.M., Weld County, Colorado.
LOCATION: North of 16th Street East of Ash Avenue, City of Greeley. j7 s
1"f�'v 44
• Kim Ogle, Planning Services, stated that the site is not within an Intergovernmental Agreement Area or Urban
Grown Boundary, yet is within the three mile referral area for the Cities of Greeley, Garden City and Evans.
The City of Greeley provided two referrals dated December 17,2010 and June 2,2011 respectively. The City
in their referral dated December 17, 2010 provided several advisory statements including the coordination of
the reclamation of the site with the adopted East Greeley Study. In the follow-up referral requested by the
County, the City provided clarification on two issues in their June 2, 2011 electronic mail response.
The City of Greeley indicated that the Transportation Impact Study requirement was waived for this land use
application; and secondly that a Roadway Maintenance Agreement, including acceptable construction
drawings and a City of Greeley Public Works Right-of-Way Permit would be required for access onto Ash
Avenue, a City of Greeley maintained road.
The Cities of Garden City and Evans did not return a referral indicating a conflict with their interests.
The site consists of blighted lands historically utilized as a part of the Western Sugar Beet Cooperative
Greeley Plant. There are no improvements on the site; however, there are oil and gas encumbrances within
the permit boundary.
Adjacent land use to the south includes a rural residential development pattern on large tracts of land sited in
close proximity to East 16th Street with livestock and/or commercial operations. These properties are within
the Union Colony Lands Subdivision and are at a higher elevation than the proposed mine site.
The proposed land use is compatible with surrounding properties which include gravel operations in the
general vicinity, including AmUSR-345 for the DoeringsfeldNarra mine to the east and the Derr Pit (USR-
1660) to the north. The new Leprino Cheese Manufacturing Plant is located west of Ash Avenue.
• The applicant has indicated that this mine operation will operate with up to 12 employees working shifts
Monday through Saturday. It is anticipated that mining operations will be for a period of up to 20 years,
depending on market conditions.
The materials mined will be moved using front end loaders and a conveyor system that will transport the
resource to the processing facility. The facility will contain a concrete and asphalt batch plant and a recycle
component. The plant site will include several temporary structures including an office trailer, scale, an
aggregate processing plant, and conveyor belts for moving the resource. The approximate location for the
processing area will be sited a minimum of four hundred fifty(450)feet from the property line in the southeast
quadrant of the site, identified in the site drawings as Tract A.
The applicants have stated that reclamation of the site will be addressed in such a way as it enhances the
natural habitat of the river corridor and will be concurrent with the mining operation to minimize the area of
disturbance of the site as much as possible. The reclamation plan is for multiple lined reservoirs for water
storage.
The applicant proposed that all traffic access the site from Ash Avenue. The City of Greeley has requested a
long term maintenance agreement to be in place prior to recording the USR plat.
The proposal is located within the floodplain,therefore a Flood Hazard Development Permit will be required for
all structures.
Twenty-six referral agencies have reviewed this case and eight offered comments, some with specific
conditions that have been incorporated into the staff recommendation. No letters of concern or telephone
calls have been received concerning 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 the Department of Planning
Services is recommending approval of this application.
Lauren Light, Environmental Health, stated that the application states that they would like to use bottled water
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• and portable toilets; however this is not considered a temporary use and according to our policy a permanent
water source and septic system is required. She added that typically at a scale house for gravel pits they use
a vault, which would be acceptable.
Ms. Light recommended deleting Conditions of Approval 1.J, 1.N, 1.P, 1.M and 3.A as the applicants have
submitted the required documentation.
Ms. Light commented that she needs some more information on the Dust Abatement Plan that they submitted.
In addition, contact information of the waste hauler is needed for the Waste Handling Plan. An Odor
Abatement Plan is required as well as a Minor Noise Plan.
Erich Ehrlich moved to delete Conditions of Approval 1.J, 1.N, 1.P, 1.M and 3.A and renumber accordingly,
seconded by Mark Lawley. Motion carried.
Heidi Hansen, Public Works, stated that the main access is onto Ash Avenue which is under the City of
Greeley's jurisdiction. She added that the City of Greeley will approve that access point and any alternates
and dictate the off-site improvements that are required. The County is requiring a tracking pad onsite to
prevent tracking of mud and gravel onto the paved roadway and the applicant has agreed to do that. Ms.
Hansen said that in order that the County remains in compliance with FEMA regulations, a Flood Hazard
Development Permit is required before mining and a Letter of Map Revision will need to be submitted when
the mining is completed.
Ms. Hansen suggested removing Condition of Approval 1.S as they have submitted the required
documentation and Development Standard 32 as it is a duplicate of 35.
Jason Maxey moved to delete Condition of Approval 1.S and Development Standard 32, seconded by Bill Hall.
Motion carried.
• Brad Janes, 408 Charlotte St, stated that the extraction will begin in Tract B. The total combined acres of
extraction are 75 acres. They estimate approximately 20 years for the life of the mine followed by a lag of up
by 5 years to complete reclamation. It will result in about 62.8 acres of completed basins. All above ground
portions that are affected by the operation will be reclaimed to a predominately native grass species for cover
and stability.
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 he is in agreement with those. The applicant replied that he is in agreement; however would
like to request some additional changes.
Mr.Janes said that when operating a sand and gravel operation there is a need sometimes to operate on a 24
hour basis in three shifts. He added that they have had this request granted by the County Commissioners in
the past and would like to retain it as an option.
In addition, Mr. Janes would like a clarification on the 450 feet setback mentioned by Mr.Ogle. He added that
the studies were actually related to 400 feet.
Commissioner Holton clarified if the request is to operate from 6 am to 6 pm. Mr. Janes replied yes, with the
option of up to 24 hours on a three 8-hour shift basis required for a particular project.
Chris Varra,4403 Callaway Court, Broomfield, CO, stated that he would like to request 24 hours a day seven
days a week. He added that sometimes there are scheduling difficulties with airport and highway work
• schedules. He stated that they will call the County and put them on notice that they will be working extra hours
to complete a job that is an emergency condition or bid out that way.
Mr. Ogle referred to Section 23-4-290 Operation Policies. He added that Development Standard 27 is a quote
3
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;AlexanderZauder,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, do 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 35m Avenue(this facility is permitted under 2n°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
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