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Home My WebLink About20083109.tiff HEARING CERTIFICATION DOCKET NO. 2008-96 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1671 FOR OPEN PIT MINING AND MATERIALS PROCESSING (DRY MINING) IN THE A (AGRICULTURAL) ZONE DISTRICT - WELD COUNTY DEPARTMENT OF PUBLIC WORKS A public hearing was conducted on December 17, 2008, at 10:00 a.m., with the following present: Commissioner William H. Jerke, Chair Commissioner Robert D. Masden, Pro-Tem Commissioner William F. Garcia Commissioner David E. Long Commissioner Douglas Rademacher Also present: Acting Clerk to the Board, Jennifer VanEgdom Assistant County Attorney, Cyndy Giauque Planning Department representative, Chris Gathman Health Department representative, Lauren Light Public Works representative, Don Dunker The following business was transacted: I hereby certify that pursuant to a notice dated November 26, 2008, and duly published December 5,2008, in the Greeley Tribune, a public hearing was conducted to consider the request of Weld County Department of Public Works for a Site Specific Development Plan and Use by Special Review Permit #1671 for Open Pit Mining and Materials Processing (dry mining) in the A (Agricultural) Zone District. Cyndy Giauque, Assistant County Attorney, made this a matter of record. Chris Gathman, Department of Planning Services, presented a brief summary of the proposal and entered the favorable recommendation of the Planning Commission into the record as written. He stated the nearest residences to the site are located approximately 500 feet to the west, southwest, and northwest, and the Forest Glen at Kelly Farm and Hunters Cove Subdivisions, within the City of Greeley, are both located approximately one-quarter of a mile from the proposed mining boundary. He further stated the Northridge Estates Subdivision,which is one-eighth of a mile south of the site, has been platted; however, no residences have been constructed. He clarified residences within the JB Acres Subdivision, immediately southwest of the site, overlook the proposed mining area, and industrial uses are located to the north of the site, adjacent to O Street. He indicated sand and gravel mining processing equipment and stockpiles will be located at the bottom of the mining pit to reduce visual impacts to surrounding property owners, and the Department is requiring the submittal of a Landscape and Screening Plan to address the buffering and screening for adjacent properties. He clarified berming along the western and eastern property lines will be limited due to the location of the site within a floodplain, and the ability to provide adequate screening for residences within the JB Acres Subdivision is limited due to the height differences. Mr. Gathman stated the site is located within the Urban Growth Boundary and the three-mile referral area for the City of Greeley, and the referral provided by the City requests that 2008-3109 PL1999 4/"L(:. /5LL.- C'/- i.s- - c'? HEARING CERTIFICATION-WELD COUNTY DEPARTMENT OF PUBLIC WORKS(USR#1671) PAGE 2 the applicant satisfactorily address the issues of mitigating noise for adjacent property owners, indicate how the Sheep Draw Trail will be accounted for during mining periods, obtain proper permits from the Union Colony Fire Rescue Authority for any fuel or propane tanks utilized on the site, and locate the proposed slurry wall a minimum of 25 feet from the designated sewer easement, in order to allow for accessibility to the sewer line and to ensure stability of the sewer line. He indicated sixteen referral agencies reviewed the application materials, twelve provided comments which have been addressed within the Conditions of Approval and Development Standards, and no referrals were received from the Colorado Division of Mining, Reclamation, and Safety, the Weld County Paramedic Service, or the Colorado Division of Wildlife. He further indicated one letter was received from a surrounding property owner, citing concerns regarding prairie dogs, specifically how the prairie dogs will be controlled and prevented from migrating to other properties once mining operations commence at the site. He reiterated the processing equipment will be located at the bottom of the pit to help mitigate noise concerns, a Dust Abatement Plan is required to be submitted, and truck traffic from the site will travel northbound on 59th Avenue, which is away from the adjacent subdivisions. Mr. Gathman referred to the memorandum he provided, marked Exhibit G, and indicated the proposed modifications to the Conditions of Approval are in response to the requests made by the representative of the applicant. He recommended that Conditions of Approval #1.B and #1.C be deleted, since the applicant has met the requirements, and that Condition of Approval #1.H be deleted and reinstated as Development Standard #47, with the modification as stated, since the County does not secure collateral money for its own projects. He explained if the property is sold to another party in the future, the new owner will be required to post collateral for any required improvements which have not been completed. In response to Chair Jerke, Mr. Gathman confirmed the modified language to be added within Development Standard #47 should be reflected to state "new owner" in the place of the word "applicant." Mr. Gathman further recommended that Condition of Approval #1.J be deleted and reinstated as Development Standard#48, with the slight modification of language, since the applicant is not sure whether the second phase of mining will ever occur. Chair Jerke expressed his concerns with the requirement of"a finalized agreement" since it will give veto power to the Greeley No. 3 Ditch Company. Don Dunker, Department of Public Works, stated O Street and 59th Avenue are both classified as arterial roads by the City of Greeley, requiring 150 feet of right-of-way at full buildout, and the City of Greeley provides maintenance for both roads. He indicated the submitted Traffic Study has been reviewed, proposing 75 to 100 roundtrips during off-peak hours, and has been deemed acceptable. He stated one accident within the surrounding area has occurred within the past three years,with no fatalities or injuries, and the speed limit is posted as 45 miles per hour. He indicated the Department is requiring the installation of a Stop sign for traffic exiting the site, a 40-foot radius at the access, and the construction of a paved, all-weather surface,for a length of 300 feet into the site, or to the scale house, whichever is less. He confirmed no staging of trucks will be allowed on the County Roads and, because a majority of the property lies within a floodplain, the equipment on the site must be stored outside of the floodplain. He further confirmed the historic runoff amounts will be maintained on the site, in order to preserve the natural character of the property. In response to Commissioner Rademacher, Mr. Dunker indicated the required 150 feet of right-of-way includes sidewalks; however, he is not sure if the trail is included within the required 2008-3109 PL1999 HEARING CERTIFICATION-WELD COUNTY DEPARTMENT OF PUBLIC WORKS(USR#1671) PAGE 3 right-of-way. He clarified the County has classified both roads as arterial roads, requiring 140 feet of right-of-way at full buildout. Lauren Light, Department of Public Health and Environment, stated the Department requires a permanent water and sewer source for any permanent use of a property; however, bottled water and portable toilets may be utilized within the working face of mines. She indicated the applicant will be required to submit a Dust Abatement Plan, a Minimum Noise Plan, and an Air Pollution Emissions Notice (A.P.E.N.). She confirmed she received the Dust Abatement Plan from the applicant, therefore Condition of Approval #1.M may be deleted. She further confirmed the Board has the authority to approve the use of portable toilets and bottled water for the entire site, and if approved, several Conditions of Approval and Development Standards will need to be modified or deleted. In response to Commissioner Masden, Ms. Light indicated the site will contain five employees, which includes the truck drivers coming to the site. Further responding to Commissioner Masden, Ms. Light confirmed if the site is found to be violation of the air quality standards, a citation may be issued by the State, or by Department staff if a complaint of blowing dust at the site is received from a surrounding property owner. In response to Commissioner Masden, Chair Jerke confirmed dry mining will occur on the site. Jennifer Lee, Applegate Group, represented the applicant and clarified the total number of employees, including the truck drivers, will be twenty; however, only five miners will be on the site, as operations are completed intermittently. She clarified the use of the site will not exceed six months within a year, and the site will be closed during periods of high runoff, in order to address the flooding issues on the site. She requested the Board grant permission to utilize portable toilets and bottled water at all areas of the site, and confirmed many of the other sites which are mined by the County have similar requirements. She clarified the site has been designed as a slurry wall pit, and outside consultants completed Noise, Dust, and Traffic Impact Studies, which all indicate little to no impact. She confirmed the Dust Abatement Plan and the Noise Abatement Plan were drafted from the recommendations listed within the studies. In response to Commissioner Masden, Ms. Lee indicated the average daily traffic count on 59th Avenue is approximately 5,100 vehicles, and approximately 2,300 vehicles on O Street, and the mining operations are proposed to add an additional 75 vehicle trips per day during full operations. Further responding to Commissioner Masden, Ms. Lee indicated two gravel studies have been completed on the site, and very good gravel is located on the west side of the property, with decent gravel on the east side of the property. She further indicated gas lines traverse the property,which she indicated on the provided map, and explained the second gravel study completed indicates the site contains consistent high-quality gravel. She stated the second study did contain concerns regarding the gas lines which bisect the property, and in order to mine the entire area, the gas lines would be required to be relocated, which will be costly. She confirmed the request is for potential mining activities on the entire site; however, the amount of mining completed will be dependent upon the costs associated with the project. No public testimony was offered concerning this matter. In response to Chair Jerke, the Board concurred with the deletion of Conditions of Approval #1.B and #1.C, and the deletion of Condition of Approval #1.H, to be reinstated as Development Standard #47, with the replacement of the word "applicant' with the words "new owner". In 2008-3109 PL1999 HEARING CERTIFICATION-WELD COUNTY DEPARTMENT OF PUBLIC WORKS(USR#1671) PAGE 4 response to Commissioner Garcia, Mr. Gathman stated the improvements to be completed will include pavement, signs, etcetera, and must be completed before the actual mining work begins. Mr. Dunker clarified the possibility exists for the County to sell the mine after it is permitted, before mining operations begin, therefore, the new owner will be required to construct the necessary improvements before commencing mining operations. Further responding to Commissioner Garcia, Mr. Dunker explained improvements such as Stop signs can be completed by the applicant with or without the collection of collateral. In response to Mr. Gathman, Chair Jerke indicated it is the applicant's intention to get the site permitted; however, mining operations may not begin for several years, therefore, he does not want the applicant to be required to complete a long list of improvements before the plat is able to be recorded. Responding to Commissioner Garcia, Mr. Gathman confirmed the language contained within the proposed new Development Standard #47 is consistent with what is required of private owners of mines; however, the Improvements Agreement is typically required as a Condition of Approval and is completed at the beginning of the project. He recommended the words "...prior to recording the USR plat' be removed from the last sentence. Further responding to Commissioner Garcia, Mr. Gathman confirmed the language presented is consistent with the requirements presented to private owners of mines. The Board concurred with the additional modification proposed by Mr. Gathman, to delete the words "...prior to recording the USR plat." Chair Jerke reiterated his concerns regarding the requirement of a finalized agreement within Condition of Approval#1.J,to be reinstated as new Development Standard#48, and he suggested the applicant instead be required to provide evidence of a good-faith effort to reach an agreement. Mr. Gathman suggested that the language to be reinstated as new Development Standard#48 be modified to state, "Prior to mining Phase II, evidence of a good-faith effort to address the concerns of the Greeley No. 3 Ditch Company, regarding the relocation of the headgate, shall be provided to the Department of Planning Services." The Board concurred with the deletion of Condition of Approval #1.J, to be reinstated as new Development Standard #48, with the modifications as described by Mr. Gathman. Mr. Gathman indicated Conditions of Approval#1.E and#1.Q.9 need to be corrected to reflect the designation of 59th Avenue as an arterial road, requiring 140 feet of right-of-way at full buildout, and the Board concurred with the modification of the Conditions. Chair Jerke expressed his desire for any new owner of the mine to provide a proportional share of any required road improvements, with specific language placed within the Resolution. Mr. Dunker confirmed the proportional share is addressed within the Long-Term Road Maintenance Agreement, and he suggested new Development Standard #47 be modified to reflect "...orenter into a Long-Term Road Maintenance Agreement and an Improvements Agreement According to Policy Regarding Collateral for Improvements..." The Board concurred with the modification, as presented by Mr. Dunker. In response to Chair Jerke, Ms. Lee indicated she and the applicant have reviewed, and concur with, the Conditions of Approval and Development Standards, as modified. Commissioner Rademacher moved to approve the request of Weld County Department of Public Works for a Site Specific Development Plan and Use by Special Review Permit #1671 for Open Pit Mining and Materials Processing (dry mining) in the A(Agricultural)Zone District, based on the recommendations of the Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as entered into the record and modified. His motion 2008-3109 PL1999 HEARING CERTIFICATION-WELD COUNTY DEPARTMENT OF PUBLIC WORKS(USR#1671) PAGE 5 included the deletion of Conditions of Approval #1.B and #1.C; the modification of Conditions of Approval #1.E and #1.Q.9, to reflect 59th Avenue as an arterial road, requiring 140 feet of right-of-way at full buildout; the deletion of Condition of Approval #1.H, with reinstatement as Development Standard #47 to read, "In the event that the property is sold by Weld County to an outside party, the new owner shall complete all proposed improvements, including those regarding access improvements, or enter into a Long-Term Road Maintenance Agreement and Improvements Agreement According to Policy Regarding Collateral for Improvements and post adequate collateral for all required materials. The Agreements and form of collateral shall be reviewed by County staff and accepted by the Board of County Commissioners.";the deletion of Condition of Approval#1.J, with reinstatement as Development Standard #48 to read, "Prior to mining Phase II, evidence of a good-faith effort to address the concerns of the Greeley No. 3 Ditch Company, regarding the relocation of the headgate, shall be provided to the Department of Planning Services."; with all of the necessary re-lettering and re-numbering required. The motion was seconded by Commissioner Long, and it carried unanimously. There being no further discussion, the hearing was completed at 11:30 a.m. (Clerk's Note: Upon completion of a subsequent land use hearing, Chair Jerke called this hearing back to order for further discussion of modifications to the Conditions of Approval and Development Standards.) The Board members confirmed it was their intention to allow the applicant to conduct operations utilizing portable toilets and bottled water, and indicated the necessary modifications to the Conditions of Approval and Development Standards were not considered during the hearing. In response to Chair Jerke, Mr. Barker explained the Commissioner which made the original motion for approval may now make a motion to reconsider the necessary Conditions of Approval and Development Standards. Upon confirmation from the Acting Clerk to the Board, Commissioner Rademacher moved to reconsider the Conditions of Approval and Development Standards for Use by Special Review Permit#1671. The motion was seconded by Commissioner Long, and it carried unanimously. In response to Chair Jerke, Ms. Light indicated in order to allow the applicant to operate without a permanent water and sewer source, Conditions of Approval#1.O and #2.A, and Development Standards#12 and#16 will need to be deleted, and Development Standard#13 will need to be modified to state, "Adequate hand washing and toilet facilities (bottled water and portable toilets) shall be provided for all personnel located at, or entering onto, the facility." Commissioner Rademacher moved to delete Conditions of Approval #1.O and #2.A, and Development Standards #12 and #16, and to modify Development Standard #13 to state, "Adequate hand washing and toilet facilities (bottled water and portable toilets) shall be provided for all personnel located at, or entering onto, the facility', with the required re-lettering and re-numeration. Commissioner Masden seconded the motion, and it carried unanimously. There being no further discussion, the hearing was completed at 11:45 a.m. 2008-3109 PL1999 HEARING CERTIFICATION-WELD COUNTY DEPARTMENT OF PUBLIC WORKS(USR#1671) PAGE 6 This Certification was approved on the 22nd day of December, 2008. APPROVED: BOARD OF COUNTY COMMISSIONERS _' j,/ sWELD COUNTY, COLORADO /��ATTEST: �i, _ e 1sbi ` �� } illii er e, Chair Weld County Clerk to the r /I \� Robert D Massfep, Pro-Tern BY: /(1',//I/A c `. ' / Deputy Clerk'to the Board Wil m . Garcia David E. Lon Do glas demache 2008-3109 PL1999 EXHIBIT INVENTORY CONTROL SHEET Case USR#1671 -WELD COUNTY DEPARTMENT OF PUBLIC WORKS Exhibit Submitted By Exhibit Description A. Planning Staff Inventory of Items Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing (Minutes 11/04/2008) D. Clerk to the Board Notice of Hearing (Filed under Legals) E. Planning Staff Certification and Photo of sign posting F. Planning Staff Two Letters from Applegate Group, dated 12/07/2008 G. Planning Staff Memo re: Modifications to Conditions of Approval H. J. K. L. M. N. O. P. Q. R. S. T. U. V. 3— n O / / _� w / 4 -® \ a ' 7 E 4 J v m § k ( \ t Ce Lia k —•— C') o g % 0 � f •- k w E a » ri Z 0 © n g j O a I n / . / I- 2 % E S j 6- 0 « _ 0 u ■ O © N � A ] R g � ± 3 � 0 « V) % U. E o '5 1E co j m ( (n J >1 § H. I ] E t 2 I- I 2 C 4 2 0 ® ` . . . _ / to ill9 � § co co & ■ § s � : t• U)et 2 § l \ z www k k jG , IC 000 Lu 2 { � ; »� ! 2 222 � -) Hello