HomeMy WebLinkAbout20090887.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Mark Lawley, 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-1687
APPLICANT: Journey Ventures, LLC
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review for Mineral
Resource Development Facilities including: Open Pit Mining and Materials
Processing and Asphalt and Concrete Batch Plants along with the importation of
resource material in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Lots A & B of RE -4744; located in the SE4 and SE4NE4 of Section 7, T5N,
R64W of the 6th P.M., Weld County, Colorado.
LOCATION: West of and adjacent to CR 51 and North of and adjacent to CR 58.
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 22-5-80.8 (CM. Goal 2) states, "Promote the reasonable and orderly exploration and
development of mineral resources."
According to the Weld County Sand, Gravel Resources map dated July 1, 1975, is the
majority of the site is classified as F-3 (floodplain — fine aggregate) with a narrow strip of F-3
(Stream Terrace — fine aggregate). The application materials indicated (in a Geotechnical
Engineering report dated March 12, 2008 by Terracon Consultants, Inc.) that the site appears
to be feasible for mining significant quantities of gravel sized or larger aggregates. Depth of
materials aggregate ranges from approximately 3 to 57 feet below the existing site grade.
Section 22-5-80.C (CM.Goal 3.) states "Minimize the impacts of surface and sub -surface
mining activities on the surrounding land, land uses, roads, and highways."
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."
Section 22-5-80.C (CM.Policy 3.6.) states "Buffer, where possible, batch plants and
processing equipment from adjacent uses."
Section 22-5-80. C (CM. Policy 3.4.) "Locate access roads to, and within, the site in a manner
which minimizes traffic impacts on surrounding land uses."
The proposed batching and processing facilities is proposed to be located in the northwest
corner of the site. This area lies below a bench that runs along the southern and western
edge of the site. The nearest residences to the west and south are located on the elevated
bench. The proposed access is onto an existing oil and gas/residential access onto a paved
road (County Road 58) vs. accessing onto an unpaved road (County Road 51) located in a
bowl area below County Road 58. The access point onto County Road 58 is located adjacent
to an existing lot containing a single-family residence. The Department of Public Health and
Environment is requiring that Noise and Dust Abatement plans be submitted as a condition of
approval for this proposed operation. The Department of Planning Services is requiring a
landscape and screening plan be submitted to address impacts associated with mining of the
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site on adjacent properties in particular the parcel adjacent to the proposed access and to
address screening and buffering of the batch plant and processing area from adjacent
properties.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the (A) Agricultural
Zone District. Sections 23-3-40.A.3 and 23-3-40.A.4 of the Weld County Code provides for a
Site Specific Development Plan and a Special Review Permit for Mineral Resource
Development Facility including Open Pit Gravel Mining and Materials Processing (Dry Mining)
along with Asphalt and Concrete Batch Plants in the A (Agricultural) Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses. The nearest residence is located immediately to the southwest of the
site, another residence is located approximately % mile to the west of the site, and a third
residence is located approximately % mile to the north of the site. The proposed batching and
processing area is located in an area below an existing bench that the two residences to the
south and west are located upon. The batching/processing area is also located at a location
on the property that is furthest from the adjacent residences to mitigate noise/compatibility
issues. The access to the site will be off of County Road 58 immediately to the east of a
property containing a single-family residence. The Department of Public Health and
Environment is requiring that Noise and Dust Abatement plans be submitted as a Condition
of Approval for this proposed operation. The Department of Planning Services is requiring a
landscape and screening plan be submitted to address impacts associated with mining of the
site on adjacent properties.
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 mine is located within the 3 -mile referral areas for the Town of Kersey and the
City of Greeley. The Town of Kersey, in their referral received December 31, 2008, indicated
no conflicts with their interests. No referral response has been received from the City of
Greeley.
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 a Flood Hazard Overlay District. Building Permits issued
will be required to adhere to the following fees:
Effective January 1, 2003, Building Permits issued on the subject site will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the Storm
water/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The subject site is primarily classified as irrigated non -prime with a narrow portion of the site
in the southwest portion of the site defined as irrigated prime agricultural land as delineated
on the Important Farmlands of Weld County map, dated 1979. Section 22-5-
80A.1.CM.Policy 1.1. states "Access to future mineral resource development areas should be
considered in all land use decisions in accordance with state law. No County governmental
authority which has control over zoning shall, by zoning, rezoning, granting a variance or
Resolution USR-1687
Journey Ventures, LLC
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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.
The Department of Planning Services requested a community meeting be held for this project. The applicant's
representative indicated that he would schedule one-on-one meetings with individual property owners.
The Planning Commission recommends that the following conditions of approval and development standards
be attached:
1. Prior to Board of County Commissioners Hearing:
A. The applicant shall submit a screening plan to the Department of Planning Services
addressing screening of the property to the west of the site (adjacent to the entrance off of
CR 58). Acceptable screening shall be installed prior to construction. The screening plan
shall address safety and visual impacts. (Department of Planning Services)
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1. Prior to recording the plat:
A. 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. (Department of Planning Services)
B. The applicant shall attempt to address the requirements/concerns of the Plumb Irrigation
Company as stated in their referral dated February 12, 2009. Written evidence of such shall
be provided to the Department of Planning Services. (Plumb Irrigation Company)
C. The applicant shall address the requirements of the Department of Planning Services as
stated in their Landscape Referral dated December 28, 2008. Written evidence of such shall
be provided to the Department of Planning Services. (Department of Planning Services)
D. The applicant shall submit a detailed signage plan to the Department of Planning Services in
compliance with Article IV, Division 2, and Appendices 23-C, 23-D and 23-E of the Weld
County Code. (Department of Planning Services)
E. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and
Emissions Permit application from the Air Pollution Control Division, Colorado Department of
Health and Environment, if applicable. Evidence of such shall be submitted to the
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Department of Planning Services and Department of Public Health and Environment.
(Department of Public Health and Environment)
F. In the event washing of vehicle will occur on site the applicant shall ensure that any vehicle
washing areas shall capture all effluent and prevent discharges from the washing of vehicles
in accordance with the Rules and Regulations of the Water Quality Control Commission, and
the Environmental Protection Agency. Evidence of such shall be submitted to the Department
of Planning Services and Department of Public Health and Environment. (Department of
Public Health and Environment)
G. The applicant shall submit evidence of a Colorado Discharge Permit System (CDPS) from
the Water Quality Control Division of the Colorado Department of Health and Environment for
any proposed discharge into State Waterways, if applicable. Evidence of approval shall be
submitted to the Department of Planning Services and Department of Public Health and
Environment. (Department of Public Health and Environment)
H. In the event the applicant intends to utilize the existing septic system at the home, for
employee use, the septic system shall be reviewed by a Colorado Registered Professional
Engineer. The review shall consist of observation of the system and a technical review
describing the systems ability to handle the proposed hydraulic load. The review shall be
submitted to the Environmental Health Services Division of the Weld County Department of
Public Health and Environment. In the event the system is found to be inadequately sized or
constructed the system shall be brought into compliance with current Regulations. Evidence
of Health Department approval shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
In the event the septic system requires a design capacity of over 2,000 gallons of sewage per
day the applicants shall provide evidence that all requirements of the Water Quality Control
Division (WQCD) of the Colorado Department of Public Health and Environment (specifically
Policies WQSA-6 and WQSA-8) have been satisfied. Evidence of compliance shall be
provided to the Weld County Department of Public Health and Environment. Alternately, the
applicant can provide evidence from the WQCD that they are not subject to these
requirements. (Department of Public Health and Environment)
J. An odor abatement and response plan shall be submitted to the Weld County Department of
Public Health and Environment. 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. Evidence of Health Department approval shall be submitted to the Department of
Planning Services. (Department of Public Health and Environment)
K. The applicant shall complete all proposed on -site improvements or enter into a (Private)
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. (Departments of Public Works and Planning Services)
L. The applicant shall enter into a (Public) Long -Term Maintenance and Improvements
Agreement according to policy regarding collateral for improvements and post adequate
collateral for all required materials. The Long -Term Maintenance Agreement shall include
all required off -site improvements including the following:
1. Applicant shall install a Trucks Turning sign east of the proposed entrance for west
bound traffic complying with MUTCD Standards. Contact the Weld County Public
Works Traffic Engineer for proper placement of the sign.
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2. Applicant shall construct a left turn slot on WCR 53 for North bound traffic turning
West onto WCR 58. The left turn slot shall be 400' in length including the beginning
taper, the redirect taper will be additional. Applicant shall provide construction
drawings stamped by a Registered Professional Engineer licensed to practice in the
State of Colorado.
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
Public Works)
M. In the event that 1 or more acres are disturbed during the construction and development
of this site, the applicant shall obtain a stormwater discharge permit from the Water
Quality Control Division of the Colorado Department of Public Health and Environment. A
copy of the permit application shall be submitted to the Environmental Health Services,
Weld County Department of Public Health & Environment. Alternately, the applicant can
provide evidence that they are not subject to this requirement. Evidence of Health
Department approval shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
N. The applicant shall submit documentation from the Central Weld County Water District
indicating that water service is available for the proposed use to the Department of
Planning Services. (Department of Public Health and Environment)
O. The applicant shall submit evidence of an Aboveground Storage Tank permit from the
Colorado Department of Labor and Employment (CDL&E), Oil Inspection Section for any
aboveground storage tanks located on the site to the Weld County Departments of Public
Health and Environment and Planning Services. Alternately, the applicant can provide
evidence from the (CDL&E), Oil Inspection Section that they are not subject to these
requirements. (Department of Public Health and Environment)
P. The applicant shall address the requirements (concerns) of the Department of Public Works,
as stated in their referral response dated January 29, 2009. Evidence of approval shall be
submitted in writing to the Department of Planning Services. (Department of Planning
Services)
Q. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR-1687. (Department of Planning Services)
2. The location and size of any on -site signs. (Department of Planning Services)
3. The approved Landscape and Screening Plan. (Department of Planning Services)
4. If exterior lighting is a part of this facility, all light standards shall be delineated in
accordance with Section 23-3-250.B.6 of the Weld County Code. (Department of
Planning Services)
5. Oil and Gas encumbrances including gathering lines with appropriate setbacks shall
be delineated on the plat. (Department of Planning Services)
6. 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)
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7. Off-street parking/loading areas, including the access to the batching/processing
area shall be surfaced with adequate gravel or the equivalent and shall have
adequate dust control throughout the approach and loading areas. (Department of
Planning Services)
8. County Road 58 is designated on the Weld County Road Classification Plan as a
Collector road, which requires 80 feet of right-of-way at full build out. The applicant
shall verify the existing right-of-way and the documents creating the right-of-way. All
setbacks shall be measured from the edge of future right-of-way. If the right-of-way
cannot be verified, it shall be dedicated. (Department of Public Works)
9. County Road 51 is designated on the Weld County Road Classification Plan as a
local gravel road, with requires 60 feet of right-of-way at full build out. The applicant
shall verify the existing right-of-way and documents creating the right-of-way. All
setbacks shall be measured from the edge of right-of-way. (Department of Public
Works)
10. The applicant shall pave to the cattle guard or 100' into the site, whichever is greater.
(Department of Public Works)
2. Prior to release of Building Permits:
A. A letter from the Platte Valley Fire District indicating whether or not a fire district permit is
required shall be submitted prior to the issuing of building permits. (Department of Building
Inspection)
3. Prior to issuance of the Certificate of Occupancy for the employee office:
A. An individual sewage disposal system is required and shall be installed according to the Weld
County Individual Sewage Disposal Regulations. (Department of Public Health and
Environment)
4. One Month Prior to Construction Activities:
A. A stormwater discharge permit may be required for a development / redevelopment /
construction site where a contiguous or non-contiguous land disturbance is greater than or
equal to one acre in area. Contact the Water Quality Control Division of the Colorado
Department of Public Health and Environment at www.cdphe.state.co.us/wq/PermitsUnitfor
more information. (Department of Planning Services)
5. Prior to construction:
A. The applicant shall provide the Department of Planning Services with an approved Colorado
Division of Water Resources Substitute Water Supply Plan or court -approved Augmentation
Plan. (Department of Planning Services)
6. Prior to Operation:
A. The applicant shall submit an approved Air Pollution Emission Notice (A.P.E.N.) and
Emissions Permit from the Air Pollution Control Division, Colorado Department of Health and
Environment, if applicable. Evidence of such shall be provided to the Department of Planning
Services and Department of Public Health and Environment. (Department of Public Health
and Environment)
B. Applicant shall install a Trucks Turning sign east of the proposed entrance for west bound
traffic complying with MUTCD Standards. Contact the Weld County Public Works Traffic
Engineer for proper placement of the sign.
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C. Applicant shall construct a left turn slot on WCR 53 for North bound traffic turning West
onto WCR 58. The left turn slot shall be 400' in length including the beginning taper, the
redirect taper will be additional. Applicant shall provide construction drawings stamped by
a Registered Professional Engineer licensed to practice in the State of Colorado.
7. 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)
8. 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. The Mylar plat
and additional requirements shall be submitted within thirty (30) days from the date of the Board of
County Commissioners resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
9. 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)
10. 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 Tom Holton.
VOTE:
For Passage
Robert Grand
Tom Holton
Doug Ochsner
Erich Ehrlich
Against Passage
Absent
Bill Hall
Roy Spitzer
Paul Branham
Mark Lawley
Nick Berryman
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 April 7, 2009.
Dated the 7th of April, 2009.
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Journey Ventures, LLC — Gravel Pit
USR-1687
• 1. A Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development
Facility including Open Pit Mining and Materials Processing and Asphalt and Concrete Batch Plants
along with importation of resource material in the A (Agricultural) Zone District. (Department of
Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
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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 d. (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. Any vehicle washing area(s) shall capture all effluent and prevent discharges from drum washing and
the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control
Commission, and the Environmental Protection Agency. (Department of Public Health and
Environment)
9. 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)
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. The facility shall operate in accordance with
the approved "noise control plan" at all times. (Department of Public Health and Environment)
11. A permanent, adequate water supply shall be provided for drinking and sanitary purposes for the
employee office. (Department of Public Health and Environment)
12. Adequate drinking, handwashing and toilet facilities shall be provided for all personnel located at or
entering the facility. (Department of Public Health and Environment)
13. Sewage disposal for this 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)
14. Portable toilets may be utilized on sites that are temporary locations of the working face and portable
processing equipment, etcetera for up to six months at each location. (Department of Public Health
and Environment)
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15. Bottled water shall be provided to employees at the temporary locations of the working face and
portable processing equipment at all times. (Department of Public Health and Environment)
16. A permanent, adequate water supply shall be provided for drinking and sanitary purposes at the batch
plants and office locations at all times. (Department of Public Health and Environment)
17. 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)
18. 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)
19. 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)
20. 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)
21. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department
of Public Health & Environment, Water Quality Control Division. (Department of Public Health and
Environment)
22. The operation shall comply with all applicable rules and regulations of the Colorado Division of Mining
Reclamation and Safety. (Department of Public Health and Environment)
23. 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)
24. 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)
25. 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. 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)
26. The number of employees on -site at one time shall not exceed eighteen (18). (Department of Planning
Services)
27. Existing trees and ground cover along public road frontage and drainage ways shall be preserved,
maintained, and supplemented, if necessary, for the depth of the setback in order to protect against
and/or reduce noise, dust, and erosion. (Department of Planning Services)
• 28. Where topsoil is removed, sufficient arable soil shall be set aside for re -spreading over the reclaimed
areas. (Department of Planning Services)
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29. Should noxious weeds exist on the property or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Section 15-1-180. (Department of Public Works)
30. 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)
31. The site must take into consideration storm water capture/quantity and provide accordingly for best
management practices. (Department of Public Works)
32. The applicant shall pave to the cattle guard or 100 -feet into the site, whichever is greater.
(Department of Public Works)
33. Off-street parking/loading areas, including the access to the scale house from the pit area shall be
surfaced with adequate gravel or the equivalent and shall have adequate dust control throughout the
approach and loading areas. (Department of Public Works)
34. A minimum 40' radius is required on all accesses to public roads for accesses designed to
accommodate truck traffic. (Department of Public Works)
35. A stop sign shall be placed per MUTCD standards at the access for southbound traffic. (Department
of Public Works)
36. A sign stating that no Jake Brakes Allowed shall be placed on USR-1687 property near the access.
(Department of Public Works)
37. The applicant shall comply with all Colorado Department of Health and Environmental (CDPHE)
regulations regarding berming and spill prevention for materials and liquids stored on site.
(Department of Public Works)
38. The applicant shall comply with all Colorado Department of Health and Environment, Water Quality
Control Division regulations regarding storm water quality permitting and protection and construction
storm water discharges. (Department of Public Works)
39. The applicant is required to comply with all Colorado Oil and Gas Conservation Commission
(COGCC) rules and regulations including drill pad construction, storm water controls, and
reclamation. (Department of Public Works)
40. The landscaping and screening on site shall be maintained in accordance with the approved
Landscape and Screening Plan. (Department of Planning Services)
41. A building permit application must be completed and two complete sets of plans including engineered
foundation plans bearing the wet stamp of a Colorado registered architect or engineer must be
submitted for review. A geotechnical engineering report performed by a registered State of Colorado
engineer shall be required. (Department of Building Inspection)
42. A plan review shall be approved and a permit must be issued prior to the start of construction.
(Department of Building Inspection)
43. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of
permit application. (Department of Building Inspection)
44. A letter from the Platte Valley Fire District indicating whether or not a fire district permit is required
shall be submitted prior to the issuing of building permits. (Department of Building Inspection)
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Resolution USR-1687
Journey Ventures, LLC
Page 11
45. Prior to the commencement of any mining activity which would result in the exposure and/or use of
groundwater, the applicant shall provide the Department of Planning Services with an approved
Colorado Division of Water Resources Substitute Water Supply Plan or court -approved Augmentation
Plan along with an approved well permit. (Division of Water Resources)
46. 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)
47. 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)
48. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240 of the Weld County Code.
49. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 of the Weld County Code.
50. The property owner or operator shall be responsible for complying with the Open -mining Standards of
Section 23-4-250, Weld County Code.
51. 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.
52. 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.
53. 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)
54. 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)
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The Chair asked Ms. Hatch if she wishes for this case to remain on consent. Ms. Hatch replied yes.
The Chair asked the applicant if they also wish for this case to remain on consent. The applicant indicated
yes.
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 members of the Planning Commission if they wish to pull this item from consent to be
heard. No one wished to speak.
Commissioner Grand asked if the Hudson Fire District responded to the request. Ms. Hatch replied that
they did not respond.
Robert Grad moved to approve the Consent Agenda which includes Cases 3rd AmUSR-542,4th AmUSR-552,
USR-1682,�and USR-1690 be forwarded to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
seconded by Nick Berryman.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, Yes; Paul Branham, absent; Erich Ehrlich, yes; Robert Grand, yes; Bill Hall, absent; Mark Lawley,
yes; Roy Spitzer, absent; Tom Holton, abstain; Doug Ochsner, yes. Motion carried unanimously.
The Chair read the following case into record.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
ICC'
Chris Gathman
A Site Specific Development Plan and Use by Special Review for Mineral
Resource Development Facilities including: Open Pit Mining and Materials
Processing and Asphalt and Concrete Batch Plants along with the importation of
resource material in the A (Agricultural) Zone District.
Lots A & B of RE -4744; located in the SE4 and SE4NE4 of Section 7, T5N,
R64W of the 6th P.M., Weld County, Colorado.
West of and adjacent to CR 51 and North of and adjacent to CR 58.
Chris Gathman, Department of Planning Services, stated that eleven mining phases are proposed. The
application indicates that groundwater will not be exposed until mining phase 3. As a result, a
development standard is attached that indicates a well permit, substitute water supply plan or
augmentation plan shall be submitted prior to the exposing of groundwater.
The nearest residence is located immediately to the southwest of the site, another residence is located
approximately % mile to the west of the site, and a third residence is located approximately % mile to the
north of the site. The proposed batching and processing area is located in an area below an existing
bench that the two residences to the south and west are located upon. The batching/processing area is
also located at a location on the property that is furthest from the adjacent residences to mitigate
noise/compatibility issues. The access to the site will be off of County Road 58 immediately to the east of
a property containing a single-family residence. The Department of Public Health and Environment is
requiring and the applicant has submitted Noise and Dust Abatement plans be submitted as a Condition of
Approval for this proposed operation. The Department of Planning Services is requiring a landscape and
screening plan be submitted to address impacts associated with mining of the site on adjacent properties.
Sixteen referrals were sent out; eleven Referrals were received and either indicated no concerns or are
addressed through development standards and conditions of approval. No referral response was received
from the City of Greeley, Petroleum Development Corporation, Central Weld County Water District, and
AT & T.
There w re three (3) letters from surrounding property owners which have been received. Concerns
mention d in two of the letters were:
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• Potential for pollution of the South Platte River and neighboring wells.
• Potential for damage to farming operations.
• Potential for damage to wildlife due to drying up sloughs
• Potential for drying up wetland areas
• No Environmental Impact Study has been done for this proposal.
The remaining surrounding property owner letter mentioned concerns with:
• Whether there is a need for the gravel operation (an operation was approved to the west of
this site 3 years ago that has not begun mining).
• No definite timeframe on when the slurry wall will be constructed and the potential for impacts
on the water table (how will the surrounding property owners be compensated for damages)
• Weed Control
• What type of odor control will be used on the asphalt operations?
• Potential for dust blowing from gravel and overburden stockpiles.
• Traffic impacts and safety on County Roads 53 and 58.
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The applicant submitted a letter of response dated April 1, 2009 addressing the concerns of the Plumb
Irrigation Company and to also one of the surrounding property owners (Mr. Baker). This letter has been
submitted as an attachment. The applicant has received a sign -off from the Plumb Irrigation Company
withdrawing their objection to the DM&R Permit and also received a withdrawal from the surrounding
property owner, Mr. Baker as well.
The applicant has indicated that they have nearly finalized an agreement with the on -site oil and gas
operator (Petroleum Development Corporation). The agreement is anticipated to be signed before the
scheduled April 22, 2009 Board of County Commissioner hearing.
There are some Conditions of Approval and Development Standards that are attached which attempt to
address potential impacts of this application.
• A landscape & screening plan. The applicant is proposing to plant trees adjacent to the residence
by the entrance of the facility. If there are any nighttime operations, the applicant would consider
installing a fence to provide additional screening for that property owner.
• Hauling hours/processing hours are limited to daylight hours, unless hours are specifically
extended with the permission of the BOCC.
The Department of Planning Services feels that the Development Standards and Conditions of Approval
will adequately mitigate any impacts associated with this use and recommends approval of this
application.
Mr. Gathman added that there is a proposed amendment to the Staff Comments. The Department of
Public Works is requesting that the following language be added as Condition of Approval 1.L "The
applicant shall enter into a (Public) Long -Term Maintenance and Improvements Agreement according to
policy regarding collateral for improvements and post adequate collateral for all required materials. The
Long -Term Maintenance Agreement shall include all required off -site improvements including the
following:
1. Applicant shall install a Trucks Turning sign east of the proposed entrance for west bound traffic
complying with MUTCD Standards. Contact the Weld County Public Works Traffic Engineer for proper
placement of the sign.
2. Applicant shall construct a left turn slot on WCR 53 for North bound traffic turning West onto WCR 58.
The left turn slot shall be 400' in length including the beginning taper, the redirect taper will be additional.
Applicant shall provide construction drawings stamped by a Registered Professional Engineer licensed to
practice in the State of Colorado.
Commissioner Berryman asked if County Road 51 is paved. Mr. Gathman said it is not paved.
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J.C. York, J&T Consulting represents the applicant Journey Ventures, LLC. The USR boundary is 85 acres
and the size of the proposed mining operation is approximately 70 acres. It will be mined in eleven phases.
The first two phases will not be exposing groundwater; therefore they will not have a substitute water supply
plan prior to phase 3.
The main concerns with some of the surrounding property owners deal with groundwater issues. They have
installed piezometers around the perimeter of the mine permit boundary and have been taking monthly
measurements on those since August. They intend to increase the monitoring to weekly measurements
based on the agreements with the Plumb Irrigation Company.
Mr. York commented that they will install recharge ditches around the perimeter of any phase that is mined
such that they can dewater to those recharge ditches in order to keep the aquifer surrounding the mine to the
same level it has been or close to it. During mining they intend to install a slurry wall prior to mining phase 8.
Once the slurry wall is installed they will continue to monitor ground water.
The life of the mine based on the maximum product being removed is 20-25 years depending on market
conditions.
The applicant will provide landscaping along the access road adjacent to the nearest residence.
They have a dust abatement plan where they will utilize a water truck and sprinklers for any of the product
stockpiles to keep dust from leaving the site. The access road will be paved from County Road 58 to the
existing cattle guards. The remainder of the access road will be watered and will be maintained from keeping
any dust from coming off site.
The applicant is proposing portable batch plants along with the aggregate processing facility located in the
northwest corner. The residence there will be used for their scale house and office. The concrete batch plant
will have a recycle facility next to it where any loads that come back that are unused will be recycled and put
back into the plant to be utilized again.
The applicant does have a finalized agreement with Petroleum Development Corporation and intends to
record it within the next week.
The remaining permits in which the applicant will need to obtain will be the discharge permit for stormwater
and dewatering, air pollution emission notice (A.P.E.N) for the pit, screening/crushing facility as well as the
concrete and asphalt batch plants, and also the sewage disposal system.
A Traffic Study was prepared for this site and was submitted to the County. It indicated that no additional
improvements were needed at the access with regard to accel/decel lanes. Mr. York commented that they
received the additional conditions of approval regarding the turn lane from Weld County Public Works. He
commented that they would like to request that they could have their Traffic Engineer evaluate it as well. He
believes that they are agreeable to work with staff to come to a conclusion to what needs to be included in the
long-term maintenance and public improvements agreement.
Commissioner Grand expressed concern about the description of the landscaping with regard to the adjacent
property owner in terms of adequacy and asked who decides what is reasonable for landscaping to protect the
adjacent landowner. Mr. Gathman said it is a condition that the applicant would submit a landscape plan. He
added that staff not only looks at the adjacent property owner but they also look at screening around the
processing area with regard to the impact from the noise, etc. Mr. Grand asked if he would be comfortable
that what is being proposed would adequately protect the property owners. Mr. Gathman replied yes.
Commissioner Ochsner asked if there is an adequate water supply to get this landscape plan started and
maintained. Mr. Gathman said it is included in the conditions of approval. He added that the applicant has a
Central Weld County Water District tap available.
Mr. York said that the water service comes in on the north side of the property (CR 51). He indicated that they
would propose to hand water the trees from the water truck available on site.
Dave Snyder, Public Works, stated that County Road 58 is classified as a collector road and has 80 feet of
right-of-way at full build out. County Road 51 is a local gravel road with only 60 feet of right-of-way.
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Public Works is requiring larger radiuses at the entrance to accommodate the larger trucks.
The site is not located in a FEMA regulated floodplain.
The latest traffic counts on County Road 58 are 358 with 18% being trucks. Any work in the right-of-way will
need to be permitted.
Commissioner Berryman asked what the estimated traffic trips are to the site. Mr. Snyder said that there
would be a total of 60 to 70 vehicles per day.
Commissioner Holton asked when it was determined to install turning lanes. Mr. Snyder commented that they
received a complaint from a resident last Friday and staff evaluated the intersection. When approaching
County Road 58 from County Road 53 there is slight hill and downward curve; therefore after looking at it they
determined that it could be a possible hazard of trying to see oncoming traffic. Mr. Holton commented that he
would have liked to have seen this happen sooner so the applicant would have had a chance to have their
engineer evaluate it as well.
Commissioner Ochsner requested to place a stop sign at the access for safety reasons. Commission Holton
also requested to install a sign not allowing jake brakes.
Lauren Light, Environmental Health, said that the potable water will be provided by Central Weld County Water
District and there is a condition of approval from the district stating that they will provide the water.
There is an existing septic system for the house sized for four people. If they use that system for more than
four people the applicant will need to provide staff with an engineer report or install a new septic system.
The applicant has submitted noise, dust and waste handling plans and they have been approved. The
applicant will have a water truck available to control the on -site dust and will also have a reduction of vehicle
speeds.
Ms. Light stated that they have no concerns with this application.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Donovan Sharp, 27266 CR 49.5, commented that he lives south and a little west of the proposed site. Mr.
Sharp commented that County Road 49.5 is a gravel road and is heavily traveled by truck traffic.
Mr. Sharp expressed concern on the haul route for this application. He understands that there is a haul route
established but doesn't believe that it will be followed. He asked how it will be regulated to keep the trucks on
the designated haul route. He has heard that there will be up to 120 trucks per day and believes that they will
have some really bad dust and traffic problems.
Jerry Lemons, 24725 CR 58. Mr. Lemons is the property owner adjacent to the access. He commented that
he has talked to Journey Ventures to come up with a happy medium.
He added that there is a pit'/ mile away and nothing is happening there and therefore is not sure why it is
going in their backyard.
Mr. Lemons is concerned with what blows up the hill as it will affect where he lives. He added that he has
requested to install a solid fence along the side and back of his property to protect what he has. It is a safety
issue for him and his family.
Mr. Lemons expressed concern on the amount of traffic so close to his home. He commented that he has
seen the proposed landscaping and screening but doesn't believe that it will do much good with the small trees
being planted when the first three phases of mining are right behind his house.
Commissioner Ocshner asked Mr. Lemons what he would like to see there. Mr. Lemons commented that he
would like to see a solid fence installed along the back and side of his property for protection. He added that
the applicant is proposing to pave the access to the cattle guard but with the amount of heavy traffic doesn't
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believe it will be enough.
The Chair closed the public portion of the meeting.
Mr. York commented that the haul route is posted at the pit. As far as regulating it, if anyone is seen taking a
different road not included in the haul route they will be told to not take that route and if they do they will not be
allowed to enter that pit. He asked that if any resident sees that to contact them to make sure that it doesn't
happen again.
Mr. York commented that they are agreeable to try and make a compromise with the screening. The trees
that are proposed will not be small trees that will be planted. They intend to plant trees that are at least 6 feet
in height.
Commissioner Grand asked how the compromise will work for the fence. Commissioner Holton asked what
the distance is for the fence. Mr. York said it is 300 feet on the back side of the property and maybe 400-500
feet along the side.
Mr. Grand recognized it is expensive but would like the resident to have some protection for safety reasons.
He believes that it is the applicant's obligation to minimize the impact to the residential owner.
Commissioner Grand commented that the Sheriffs Department can enforce the traffic violations.
Commissioner Ochsner added that the best way to monitor that would be for the residents to contact Mr. York
or the applicant if they see any problems.
Commissioner Ochsner said that there has been a little confusion on the number of trucks per day and asked
Mr. York for clarification. Mr. York commented that the trips per day for the aggregate mining is 8 trips for
passenger/pickups, 5 trips for 16 ton gravel trucks, 13 trips for 22 ton gravel trucks, 2 trips for mechanic trucks
which total 28 trips for the aggregate processing facility. For the concrete batching facility when it is
operational there will be 8 trips for passenger/pickups, 19 trips for mixer trucks, 2 trips for product delivery
trucks and 4 trips for the mechanics trucks with a total of 33 trips. The asphalt batching facility will have 8 trips
for the passenger/pickups, 18 trips for 16 ton haul trucks, 14 trips for the 22 ton haul trucks, 14 trips for the
product delivery trucks, and 2 trips for the mechanics trucks which total 56 trips.
Commissioner Ochsner suggested adding a development standard with regard to the fence. Commissioner
Holton commented that he would like to see that they have a plan prior to the Board of County Commissioner
hearing on April 22, 2009.
Public Works suggested adding new Development Standard 35 to read "A stop sign shall be placed per
MUTCD standards at the access for southbound traffic." Development Standard 36 should read "A sign
stating that no Jake Brakes Allowed shall be placed on USR-1687 property near the access."
Tom Holton moved to add Development Standards #35 and #36 per staff recommendations and renumber
accordingly, seconded by Robert Grand. Motion carried.
Mr. Gathman suggested adding Condition of Approval 1.A Prior to Board of County Commissioner Hearing
"The applicant shall submit a screening plan to the Department of Planning Services addressing screening of
the property to the west of the site (adjacent to the entrance off of CR 58). Acceptable screening shall be
installed prior to construction. The screening plan shall address safety and visual impacts."
Mark Lawley moved to add Condition of Approval 1.A Prior to Board of County Commissioners Hearing as
stated by staff, seconded by Robert Grand. Motion carried.
Mark Lawley moved to add Condition of Approval 1.L to read "The applicant shall enter into a (Public)
Long -Term Maintenance and Improvements Agreement according to policy regarding collateral for
improvements and post adequate collateral for all required materials. The Long -Term Maintenance
Agreement shall include all required off -site improvements including the following:
1. Applicant shall install a Trucks Turning sign east of the proposed entrance for west bound traffic
complying with MUTCD Standards. Contact the Weld County Public Works Traffic Engineer for proper
placement of the sign.
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2. Applicant shall construct a left turn slot on WCR 53 for North bound traffic turning West onto WCR 58.
The left turn slot shall be 400' in length including the beginning taper, the redirect taper will be additional.
Applicant shall provide construction drawings stamped by a Registered Professional Engineer licensed to
practice in the State of Colorado."
The motion was seconded by Nick Berryman. Motion carried.
Mr. Gathman commented that the amendment from Public Works is listed in the Condition of Approval Prior to
Recording and if it is to be required Prior to Operation then for clarification the amendment should also be
included in Condition of Approval 6 Prior to Operation. He commented that this would eliminate any ambiguity
as to when those improvements need to be in. It needs to be made clear that those improvements have to go
in before they begin operation.
Tom Holton moved to add a new Condition of Approval 62 and 6.C including the language from Public Works,
seconded by Erich Ehrlich. Motion carried.
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. Mr. York commented that with the short notice, with
regard to the turn lane, he would like to have the ability to review it with their traffic engineer and then meet
again with staff to discuss it further. Mr. York added that they are in agreement.
Mark Lawley moved that Case USR-1687 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 Tom Holton.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Paul Branham, absent; Erich Ehrlich, yes; Robert Grand, yes with comment; Bill Hall, absent;
Mark Lawley, yes; Roy Spitzer, absent; Tom Holton, yes; Doug Ochsner, yes. Motion carried unanimously.
Commissioner Grand commented that the purpose of this whole process is not to make the planning staff
or the board happy. It is to have an agreement that is viable between the applicant and the neighbors and
it's up to everyone to adhere to an agreement that basically comes out of that process.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss.
The Chair commented that they have received the proposed revised Planning Commission Hearing Dates.
Tom Holton moved to adopt the revised 2009 Planning Commission Hearing dates, seconded by Robert
Grand. Motion carried.
Meeting adjourned at 2:54 p.m.
Respectfully submitted,
Kristine Ranslem
Secretary
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9cDel
Kim Ogle, Department of Planning Services, stated that DCP Midstream is requesting that this case be
continued to the April 7, 2009 Planning Commission hearing so that they can provide 30 -day mineral notice.
Staff supports this request.
The Chair asked if there was anyone in the audience who wished to speak for or against this application being
continued. No one wished to speak.
Robert Grand moved that Case 4th AmUSR-552, be continued to the April 7, 2009 Planning Commission
meeting, seconded by Roy Spitzer. Motion carried.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
Chris Gathman
A Site Specific Development Plan and Use by Special Review for mineral
Resource Development Facilities including: Open Pit Mining and Materials
Processing and Asphalt and Concrete Batch Plants in the A (Agricultural) Zone
District.
Lots A & B of RE -4744; located in the SE4 and SE4NE4 of Section 7, T5N, R64W
of the 6th P.M., Weld County, Colorado.
West of and adjacent to CR 51 and North of and adjacent to CR 58.
Chris Gathman, Department of Planning Services, commented that the applicant's representative, J.C.
York, is requesting that this case be continued until April 7, 2009 to address surrounding property owner
concerns as well as concerns with the Ditch Company.
The Chair asked if there was anyone in the audience who wished to speak for or against this application being
continued. No one wished to speak.
Paul Branham moved that Case USR-1687, be continued to the April 7, 2009 Planning Commission meeting,
seconded by Roy Spitzer. Motion carried.
The Chair read the following case into record.
CASE NUMBER: USR-1680
APPLICANT: North Weld County Water District
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Major
Facility of Public Utility or Public Agency (two 5 million gallon water storage tanks)
in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Lot B of AmRE-2992; located in SW4 of Section 6, T7N, R67W of the 6th P.M.,
Weld County, Colorado.
LOCATION: Approximately 1/8 mile east of CR 13 and 1/2 mile south of CR 86.
Chris Gathman, Department of Planning Services, stated that the proposed site is located approximately
600 -feet northeast of the nearest single family residence. The next nearest residences are located
approximately 1,200 to 1,500 to the west, southwest and northeast of the site. The area is rural residential
and agricultural in nature. A platted subdivision with two to three lots built upon is located to the south. The
tanks are proposed to be located in a triangular area bordered on the south by an overhead electric
transmission line and a standard electrical line on the east. The site lies on an elevated bench that generally
slopes from south to north. Based on visits to the site, it appears that the proposed location of the tanks will
be partially concealed by a certain extent from properties to the south by the edge of the bench.
Ten referrals were sent out and nine referrals with comments were received. There were no referral comments
received from the Colorado Division of Wildlife.
The site is located within the 3 -mile referral area for the Towns of Severance and Larimer County. Both the
Town of Severance and Larimer County indicated no conflicts with their interests.
The North Weld County Water District intends to install two 36 -inch transmission lines in addition to the two
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