HomeMy WebLinkAbout20102789.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: 2nd AmUSR-840
APPLICANT: L.G. Everist, Inc.
PLANNER: Kim Ogle
REQUEST: 2nd AmUSR-840-A Site Specific Development Plan and Second Amended Use
by Special Review Permit for a proposed rail transload yard for off-loading,
storage, and load-out of industrial materials, including the ability to fabricate,
repair and make modifications of existing rail cars, the extension of the existing
on-site rail spur to create a "rail loop" of on-site track, including the utilization of
more than one cargo container for storage and ongoing Gravel mining, (sand,
gravel and stone) in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Section 1, T10N, R67W; and All of Section 35,T11N, R67W; W2 of Section
26, T11N, R67W; E2 E2 of Section 27, T11N, R67W of the 6th P.M.,Weld
County, Colorado.
LOCATION: South of and adjacent to CR 126; east of and adjacent to CR 21; east of and
adjacent to the Union Pacific Railroad Track.
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 22-2-80.E. I.Goal 5. states, "New industrial uses or expansion of existing industrial
uses should meet existing federal, state and local policies and legislation." Further, I.Policy
5.1. Industrial uses should be evaluated using criteria, including but not limited to the effect
the industry would have on air and water quality, natural drainage ways, soil properties and
natural patterns and suitability of the land; I.Policy 5.2. Development improvements should
minimize permanent visual scarring from grading, road cuts and other site disturbances.
Require stabilization and landscaping of final land forms, and that runoff be controlled at
historic levels."
The proposed amendment to the existing permit meets the existing federal, state and local
requirements. The proposed transload facility utilizes existing infrastructure to capture a
developing market in this area of the County. The site has approved stormwater and
drainage controls in place,which appear to be sufficient for this use. The proposed transload
facility will have little to no additional impact on air or water, since the use is simply unloading
from rail, storage of materials and loading said materials onto a truck for delivery off-site.
Section 22-2-80.F. I.Goal 6. states "Minimize the incompatibilities that occur between
industrial uses and surrounding properties."
The incompatibilities that occur between the proposed industrial use as a transload yard and
the surrounding properties are minimized due to various factors. The closest distance the
transload yard will be from neighboring properties is to the west, where the facility is
approximately 2000 feet to the nearest residence. The Union Pacific mainline and County
Road 21 are between this residence and the permitted boundary. Furthermore, there is an
earth berm in place along the west side of the property which shields surrounding landowners
and roads from visual and noise related impacts. The mining operation has been on-site for
• over 20-years and the proposed addition of the transload facility will not cause any significant
changes for the surrounding property owners. The applicant proposes no changes to the
existing noxious weed control plan or waste disposal plan.
EXHIBIT
2010-2789
2rnrVSl,_-gt4D
Resolution 2nd AmUSR-840
L.G. Everist, Inc.
Page 2
• Section 22-2-80.F. (.Goal 7.states "Recognize the importance of railroad infrastructure to
some industrial uses."
The proposed use will utilize the Union Pacific railroad mainline and the private internal rail
spur within the property boundary. This spur has been utilized for mining operations for 20-
years or more to move materials off site. The proposed transload facility provides for the
utilization of inbound rail to transport materials. The transload operation will not cause
significant changes for the surrounding property owners.
Section 22-5-80.B(CM.Goal2)states, "Promote the reasonable and orderly development of
mineral resources."
According to the Weld County Sand, Gravel Resources map dated July 1, 1975,the property
is classified as T-1 (Stream-terrace deposits—course aggregate resources).The application
materials indicated that gravel resources underneath minimal overburden is located on the
site.
Section 22-5-80.B (CM.Goal 3)states, "Minimize the impacts of surface mining activities on
surrounding land uses, roads and highways."
There is an existing separation berm planted in native herbaceous material to prevent
erosionary processes, screen from adjacent lands and to create visual interest. The townsite
of Carr is located to the west, northwest from the proposed amendment location Proposed
access to the site will be located off of County Road 126 via an internal access and utility
road.
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.
Mining operations will continue on site unimpeded by transload operations. The remaining
areas to be mined are mostly to the south of the proposed transload use. Aggregate hauling,
processing or other related mining operations will occur in separate areas including the on-
site haul routes.
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, Section 23-3-40.R and Section 23-3-40.AA of the Weld County Code
provides for a Site Development Plan and Second Amended Use by Special Review for a
proposed rail transload yard for off-loading, storage, and load-out of industrial materials and
the extension of the existing on-site rail spur to create a "rail loop" of onsite track including
the utilization of more than one cargo container for storage and ongoing Gravel Mining,
(sand, gravel and stone), in the 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 agricultural rangeland and rural residential uses. The Union Pacific
railroad main track and the private spur into the property are existing, and the proposed
expansion of the private rail is internal to the property. The previously approved landscape
and screening plan addresses screening of adjacent properties from the proposed gravel
• mining operation. Staff has received no letters, telephone call or electronic mail concerning
this proposed amendment. Development standards and conditions of approval will ensure
that the proposed amendment to the current operation will be compatible with existing
surrounding land uses.
Resolution 2nd AmUSR-840
L.G. Everist, Inc.
Page 3
• 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 not located within the 3-mile referral areas of a municipality or County.
The property is located within one-half(%) mile of the unincorporated Town of Carr.
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 as delineated on
FIRM Community Panel Map 080266 00025 C and 080266 0175 C dated September 28,
1982.
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 has a limited amount of prime agricultural land.The parcel is designated as
• High Potential Dryland and"Irrigated Land (Not Prime.)" land as delineated on the Important
Farmlands of Weld County map, dated 1979. None of the subject parcel is identified as
"Prime"agricultural land.The area has historically been utilized as pasture land and dryland
agriculture pre mining, and post mining area(s) have been reclaimed per the approved
Reclamation Plan. 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 Department of Planning Services recommends that the following conditions of approval and development
standards be attached:
1. Prior to recording the plat:
Resolution 2nd AmUSR-84O
L.G. Everist, Inc.
Page 4
• A. The applicant shall enter into a Long-Term Road Maintenance and Improvements Agreement
with the Weld County Public Works Department on the designated haul route described in
the Agreement accepted by Weld County Public Works. The agreement and form of
collateral shall be reviewed by the Department of Public Works and accepted by the Board of
County Commissioners prior to recording to the 2n' AmUSR plat. (Department of Public
Works)
B. The applicant shall submit documentation from the Colorado Division of Water Resources,
demonstrating that the well is appropriately permitted for the industrial use. Written evidence
of Department of Public Health and Environment approval shall be provided to the
Department of Planning Services. (Department of Public Health & Environment)
C. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled 2ND AmUSR-840. (Department of Planning
Services)
2. If exterior lighting is a part of this facility, all light standards shall be delineated in
accordance with Section 23-3-250.6.6 of the Weld County Code. (Department of
Planning Services)
3. 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)
• 4. The location of the lavatory and hand wash facility associated with the Transload
facility. (Department of Planning Services)
2. Prior to construction:
A. A building permit shall be obtained prior to the construction or placement of any structure
including cargo containers 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)
3. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk
and Recorder. (Department of Planning Services)
4. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other documentation
required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. (Department of
Planning Services)
5. The attached Development Standards for the Amended 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. The
applicant shall be responsible for paying the recording fee. (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 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)
Resolution 2nd AmUSR-840
L.G. Everist, Inc.
Page 5
• 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 November 2, 2010.
Dated the 2nd of November, 2010.
'
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
AMENDED SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LG Everist, Inc.
•
2nd AmUSR-840
1. A Site Development Plan and Second Amended Use by Special Review (2n° AmUSR-840) for a
proposed rail transload yard for off-loading, storage, and load-out of industrial materials, including the
ability to fabricate, repair and make modifications of existing rail cars,the extension of the existing on-
site rail spur to create a "rail loop" of onsite track, including the utilization of more than one cargo
container for storage and ongoing Gravel Mining, (sand, gravel and stone), in the Agricultural Zone
District, subject to the Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department
of Public Health and Environment)
6. The applicant shall operate in accordance with the approved "waste handling plan" at all times.
• (Department of Public Health and Environment)
7. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank
Regulations (7 CCR 1101-14). (Department of Public Health and Environment)
8. 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 14-9-30 of the Weld County Code. (Department of Public Health and Environment)
10. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. Bottled water and portable toilets are acceptable. (Department of Public
Health and Environment)
11. Portable toilets may be utilized on sites that are temporary locations of the working face and portable
processing equipment, etc. for up to six months at each location. (Department of Public Health and
Environment)
12. Bottled water shall be provided to employees at the temporary locations of the working face at all
times. (Department of Public Health and Environment)
13. 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)
• 14. 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)
Resolution 2nd AmUSR-840
L.G. Everist, Inc.
Page 7
• 15. 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)
16. The operation shall comply with the Mine Safety and Health Act. (MSHA). (Department of Public
Health and Environment)
17. The operation shall comply with the Occupational Safety and Health Act. (OSHA). (Department of
Public Health and Environment)
18. 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)
19. 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 23-4-290.8 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 in the winter months (November through April)
will be from 7AM to 5PM and in the summer months (May through October) will be 7AM to 7PM.
Transload hours will be 24 hours 7 days a week. 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. "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. 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)
23. 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)
24. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the reclaimed
areas. (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 landscaping and screening on site shall be maintained in accordance with the approved
Landscape and 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.
Resolution 2nd AmUSR-840
L.G. Everist, Inc.
Page 8
• 30. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of
permit application.
31. 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)
32. 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)
33. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240 of the Weld County Code.
34. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 of the Weld County Code.
35. The property owner or operator shall be responsible for complying with the Open-mining Standards of
Section 23-4-250, Weld County Code.
36. 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.
37. 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.
38. 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)
39. 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)
40. 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
Resolution 2nd AmUSR-840
L.G. Everist, Inc.
Page 9
• 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.
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.
•
1/-(2— c20/0
• SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, November 2, 2010
A regular meeting of the Weld County Planning Commission was held in the Weld County Department of
Planning Services, Hearing Room, 918 10`h Street, Greeley, Colorado. The meeting was called to order by
Chair, Tom Holton, at 1:30 p.m.
ROLL CALL ABSENT A
Tom Holton -Chair
Mark Lawley-Vice Chair
Nick Berryman 4
Erich EhrlichFri
Robert Grand C"r,' u>
Bill Hall Roy Spitzer CD
Alexander Zauder
Jason Maxey
Also Present: Michelle Martin and Kim Ogle, Department of Planning Services; Heidi Hansen, Department of
Public Works; Lauren Light and Mary Evett, Department of Health; Cyndy Giauque,County Attorney,and Kris
Ranslem, Secretary.
Bill Hall moved to approve the October 5, 2010 Weld County Planning Commission minutes, seconded by
Erich Ehrlich. Motion carried. EXHIBIT
• The Chair read the first case into record.
CASE NUMBER: 2n°AmUSR-840 VS12
APPLICANT: L.G. Everist, Inc.
PLANNER: Kim Ogle
REQUEST: 2nd AmUSR-840-A Site Specific Development Plan and Second Amended Use
by Special Review Permit for a proposed rail transload yard for off-loading,
storage, and load-out of industrial materials, including the ability to fabricate,
repair and make modifications of existing rail cars, the extension of the existing
on-site rail spur to create a"rail loop" of on-site track, including the utilization of
more than one cargo container for storage and ongoing Gravel mining, (sand,
gravel and stone) in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Section 1,T10N,26, 7 Section
T11 N, R67W E2 E2 of Section 27,T11 N5 Section
67W of the P.M. Weld
County, Colorado.
LOCATION: South of and adjacent to CR 126;east of and adjacent to CR 21; east of and
adjacent to the Union Pacific Railroad Track.
Kim Ogle, Planning Services,stated that the site is surrounded by agricultural range land and rural residential
uses. The Union Pacific Railroad main track and a private spur on the property exist and the proposed
expansion of the private rail is internal to the property.
The previously approved landscape and screening plan addresses screening from adjacent properties from
the proposed gravel mining operation and also the transload operation.
The proposed site is not located within the three mile referral area for any municipality or a county. The
property is located within a half-mile of the unincorporated Town of Carr.
• The proposed transload facility utilizes existing infrastructure to capture a developing market in this area of the
county. The incompatibilities that occur between the proposed industrial use and the transload yard and
surrounding properties are minimized due to a variety of factors. The distance from the neighboring properties
to the west of the facility is approximately 2,000 feet. The Union Pacific mainline and County Road 21 are
• between the residence and the permitted boundary. There is an earthen berm along the west side of the
property which shields surrounding landowners and roads from visual noise and related impacts.
The applicant proposes no changes to the existing noxious weed control plan or waste management plan.
Stormwater and drainage controls are in place which appears to be sufficient for this use. The proposed
transload facility will have little to no additional impact on air or water since the use is simply unloading
materials and products from the rail.
Mining operations will continue onsite unimpeded by transload operations. The remaining areas to be mined
are mostly to the south of the transload use. Aggregate hauling, processing and other related mining
operations will occur in separate areas including the onsite haul routes.
Fourteen referral agencies have reviewed the case; five agencies offered comment, some with specific
conditions. Staff has received no letters, telephone calls, or emails concerning the proposed amendment.
The Development Standards and Conditions of Approval will ensure the proposed amendment to the current
operation will be compatible with existing and surrounding land uses.
The Department of Planning Services recommends approval of this application along with the attached
conditions of approval and development standards.
Lauren Light, Environmental Health,stated that the applicants are not proposing a septic system on this site.
The previous USR was approved for adequate toilet facilities and bottled water. There wasn't a specific
development standard that stated portable toilets were acceptable; however that might have been the intent.
This is a unique case in that the new lease hold areas might exceed 6 months in length. According to
Environmental Health policy, six (6) months or more requires permanent water or sewer. If each leasehold
• area was owned by a separate owner and they came in for USRs on each site and it was for six months or
less then portable toilets and bottled water would be acceptable. Since the leases overlap and may be more
than 6 months on each site, we require permanent water and sewer.
Dust and Waste Handling Plans have been submitted and approved. The applicants have received an air
emissions permit and a discharge permit.
Commissioner Lawley asked if this amendment changes the number of employee's onsite. Ms. Light said yes,
with the addition of the leasehold areas. Mr. Lawley clarified if currently they are allowed bottled water and
portable toilets. Ms. Light replied that currently bottled water and portable toilets are acceptable for the mining
operation.
Heidi Hansen, Public Works, stated that County Road 126 is a collector roadway requiring 80 feet of right-of-
way; currently there is 60 feet of right-of-way. The most recent traffic count taken in July 2009 was 338
vehicles per day. County Road 21 is local, gravel road and requires 60 feet of right-of-way, which is current.
The applicants have submitted a traffic study and it is acceptable. An improvements agreement will be
completed prior to final plat. The drainage report for the entire mine area takes care of the stormwater runoff
from this area as well; therefore no additional drainage improvements are required.
Lynn Shults, L.G. Everist, 7321 E 88th Ave, Henderson, CO, stated that there will be no changes to the mining
operation. The amended request is for a transload facility. There are lease areas of at least 40 acres each.
Historically, they have had windmill parts come in by rail and be offloaded which may take a few days or a
week and then they just sit for X number of months. Then at the end of the lease period they come back in
with the proper trucks to offload to go wherever the windmill parts need to be delivered. She added that
people will be onsite for a week or two weeks at the most, depending on how long the offloading takes. The
materials sit by themselves until the leasehold crews come back to load out. So,although leases may overlap
• six months each the actual use by humans is very transient,a couple weeks here or there. They are not there
continuously. Ms. Shults requested to have a variance on the septic requirement and follow the same
requirements that they have followed with the mining operation of portable toilets with hand sanitizer and
bottled water for employees.
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• Ms. Shults referred to Condition of Approval 1.B and requested to remove the language"including use as a
potable water source." She stated that they have submitted evidence of a water supply decreed for dust
control and other industrial uses.
In addition, she requested to remove Condition of Approval 2 which refers to an individual sewage disposal
system.
Ms. Light stated that if the Planning Commission wishes to approve the applicant's request, Development
Standards)1, 14, and 21 should be removed and Development Standard 10 should be amended.
Erich Ehrlich moved to delete the language"including use as a potable water source"in Condition of Approval
1.B, remove Condition of Approval 2, and Development Standards 11, 14, and 21, seconded by Bill Hall.
Motion carried.
Ms. Light recommended amending Development Standard 10 to read"Adequate drinking, handwashing and
toilet facilities shall be provided for employees and patrons of the facility, at all times. Bottled water and
portable toilets are acceptable."
Jason Maxey moved to amend Development Standard 10 as recommended by staff, seconded by Bill Hall.
Motion carried.
Ms. Shults said that they already have a long term road maintenance and improvements agreement and
added that she is not sure what would need to be changed or added onto it for this use. Due to the economy
the mine is producing much less than it used to therefore their truck traffic has been decreased. She added
that the transload use is infrequent and generally the materials come in by rail and are taken out on. Any
oversized trucks will talk to Public Works about getting the proper permits. They feel that they don't need to
• make any changes because the overall traffic is not increasing.
Ms. Hansen said that they would just like the opportunity to review the improvements agreement because they
do not know the leasehold possibilities and what could be coming out of there. If the mining would increase to
what it was, it could end up in the future with an increase of traffic at some point. Staff does not envision that
they will need to do improvements currently; they just want to review the language.
Commissioner Holton asked what the improvements agreement says now and if there are any triggers in it.
Ms. Hansen said it is all in regard to the mining operation and not the leasehold areas. Mr. Holton said that
there should be triggers in there and feels that there shouldn't be another improvements agreement.
Commissioner Maxey said that the current improvements agreement does not include what the applicant is
amending the use for. Ms. Hansen said that they are not asking for any improvements but rather a review of
the language to include the leasehold areas. Commissioner Lawley felt that it is not an unreasonable request.
Denny Fields, L. G. Everist, 7321 E 88th Ave, Henderson, CO, said that if they need to revisit the road
agreement they will and added that anyone coming from that property is responsible for any damage. He said
that he would like to put a time limit on negotiating the road agreement, however.
Mr. Holton strongly encouraged everyone to work on completing the improvement agreement prior to the
Board of County Commissioner meeting on November 24, 2010.
Ms. Shults said that she is confused on 1.C regarding the entrance and access improvements and requested
to remove this item. Staff concurred to strike Condition of Approval 1.C.
Mark Lawley moved to delete Condition of Approval 1.C, seconded by Bill Hall. Motion carried.
Ms. Shults referred to Development Standard 23 and said that she would like to request removing the second
• sentence so they can get this site consistent with their other sites in Weld County. Mr. Ogle said that this is
the normal hours of operation for a gravel mine and added that we could specify hours for the gravel mine
operation and different hours for the transload facilities. He recommended Development Standard 23 to read
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"Section 23-4-290.6 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 in the winter months(November through April)will be from 7AM to 5PM and in
the summer months (May through October)will be 7AM to 7PM. Transload hours will be 24 hours 7 days a
week. 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."
Bill Hall moved to amend Development Standard 23 as stated by staff, seconded by Jason Maxey. 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 they have 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.
Bill Hall moved that Case 2nd AmUSR-840, 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, absent; Erich Ehrlich, yes; Robert Grand, absent; Bill Hall, yes; Alexander Zauder, absent; Jason
Maxey, yes; Roy Spitzer, absent; Mark Lawley, yes; Tom Holton, yes with comment. Motion carried
unanimously.
Commissioner Holton commented that he would like to see the improvements agreement done prior to the
• Board of County Commissioner hearing so the applicants may review it.
The Chair read the following case into record.
CASE NUMBER: USR-1757
APPLICANT: Latimer& Nancy Bohling
PLANNER: Michelle Martin
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Use
Permitted as a Use by Right,Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (construction company) in the A
(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot B RE-519 being part of SE4 of Section 7,T2N, R66W of the 6th P.M., Weld
County, Colorado.
LOCATION: South of and adjacent to CR 22.5 and west of and adjacent to CR 25.5.
Michelle Martin, Planning Services, stated that currently the property is in violation (ZCV09-00013) for the
operation of a construction company without the necessary land use permits. If the USR is approved, the
violation will be closed. If denied, the case will continue through the court process.
The surrounding property to the north, south,east and west are zoned agricultural with single family homes in
the area. Located to the east of the site USR-1591 is permitted for outdoor storage of recreation vehicles and
equipment and USR-1564 for a hay auction.Therefore,given the minimal impact of the proposed construction
company, the use will be compatible with the surrounding land uses.
The property is not located within an Intergovernmental Agreement Area but does lie within the three mile
referral area for the City of Fort Lupton and the Town of Platteville. The City of Fort Lupton in their referral
dated September 8, 2010 indicated they have no conflicts with the proposed development. The Town of
Platteville did not respond to the referral request. The surrounding area is agricultural in nature with single
• family residences in the area and a few Use by Special Review's. Staff believes that the Conditions of
Approval and Development Standards will ensure that the use will be compatible with existing surrounding
land uses.
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