HomeMy WebLinkAbout20083236.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Robert Grand,that the following resolution be introduced for passage by the Weld County Planning
•
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1672
APPLICANT: Weld County Public Works
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and a Special Review Permit for Open Pit Mining
and Materials Processing(dry mining)of Construction materials,subject to the
provisions of Article IV, Division 4 of this Chapter in the A(Agricultural)Zone District
(Fiscus North Mine).
LEGAL DESCRIPTION: Part N2 Section 7,T10, R57W of the 6th P.M.,Weld County, Colorado.
LOCATION: Approximately 0.5 miles East of CR 133;South of and adjacent to CR 120.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
The County has signed a 10-year lease with Jack and Shirley Fiscus. Weld County Public Works
have previously mined area on the Fiscus Ranch under a State 111 permit. This application is for
lands further north of the previous mining area. The proposal includes a crushing facility utilizing
existing material to be crushed, stockpiled and dispersed on local county roads in the area. There will
be no concrete or asphalt batch plant at this location. This site will be utilized only when the Weld
County Department of Public Works is working the northeast area of the county.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
• A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinances in effect.
Section 22-5-80.B(CM.Goal 2)states, "Promote the reasonable and orderly development of
mineral resources."
According to the Weld County Sand, Gravel Resources map dated July 1, 1975, is classified
as U-3(Upland deposits—sands ranging from coarse gravelly stream sands to fine grained
wind deposited dune sands). The application materials indicated that the County has
obtained the DMG Permit 2007-038,a 112 permit for the north mine(Fiscus Gravel Pit).The
estimated thickness of gravel-bearing zones varies from between 0 and 40 feet thick at the
Fiscus North site. The pit will be mined in a northeast direction following the ridge of gravel in
approximately two phases. The material will be transported to the gravel processing area,
crushed, and stockpiled for future and immediate graveling needs in the area. Prior to
mining, overburden of the topsoil will be stockpiled directly north of the gravel processing
area.
Section 22-5-80.B(CM.Goal 3)states, "Minimize the impacts of surface mining activities on
surrounding land uses, roads and highways."
The applicant shall submit a Landscape(seeding)Plan that specifically addresses wind and
water erosion of disturbed areas and wind erosion of stockpiled materials. Further, the
applicant shall demonstrate that the impacts to County Road 120 from these processes will
have minimal impact to the road to the traveling public. The application materials indicate
that Drainage and Erosion control plans are in place to control run-off from the processing
area. Dust control will be accomplished by utilizing the county water truck assigned to the
mining operation to control the on-site dust and the haul roads. Further, the County has
indicated that a Storm Water Management Plan (SWMP)and Best Management Practices
• (BMP)Plan are in place along with the erosion control methods to be used at the mining site.
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IB 2008-3236
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Resolution USR-1672
Weld County Public Works
Page 2
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.
Sand &gravel processing equipment and stockpiles will be located southeast of the mined
area and below the crest of the ridgeline, thus reducing visual and noise impacts to
surrounding properties and public rights-of-way.
B. Section 23-2-220.A.2-- The proposed use is consistent with the intent of the(A)Agricultural
Zone District. Section 23-3-40.A.3 of the Weld County Code provides for a Site Specific
Development Plan and a Special Review Permit for Mineral Resource Development Facility
including Open Pit Gravel Mining and materials processing(Dry Mining)in the A(Agricultural)
Zone District.
C. Section 23-2-220.A.3-- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The site is currently utilized as un-irrigated pasture and grasslands and is surrounded by the
same in all directions. The nearest residence is located approximately 3850 feet to the South
of the proposed mine location.
The application materials indicate sand&gravel processing equipment and stockpiles will be
located southeast of the mined area and below the crest of the ridgeline,thus reducing visual
and noise impacts-to surrounding properties. The application materials indicate that
concurrent reclamation consists of re-grading and placement of topsoil materials. Reseeding
will be done with plant type seed mixes. Final site reclamation cost includes the cost of
• native dry land grass seed and mulch. The Department of Planning Services is requiring a
Landscape Plan be submitted to address environmental impacts associated with wind and
water erosion of disturbed areas and wind erosion of stockpiled materials and to review the
proposed seed mix to maintain the native grass and herbaceous plant material species.
Access is from County Road 120 onto the privately maintained Fiscus Ranch Road through a
cattle guard or gate entrance. The haul road will be graded and drained and capable of
supporting heavy hauling and an all-weather access to the facility.
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.
This mining location is not within the urban growth boundary area and 3-mile referral area for
any municipality. The nearest municipality is New Raymer which is approximately 16.5 miles
from the facility.
E. Section 23-2-220.A.5-- The application complies with Section 23-5-230 of the Weld County
Code.
The proposed facility does not lie in a FEMA designated floodplain or floodway. The closest
named creek is over two miles away. A FIRM Community Panel Map does not map this
location, therefore, a Flood Hazard Development Permit will not be required. 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)
Resolution USR-1672
Weld County Public Works
Page 3
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 "Other Lands" as delineated on the Important
Farmlands of Weld County map, dated 1979. Section 22-5-80A.1.CM.PolicY 1.1. states
"Access to future mineral resource development areas should be considered in all land use
decisions in accordance with state law. No County governmental authority which has control
over zoning shall, by zoning,rezoning,granting a variance or other official action or inaction,
permit the use of any area known to contain a commercial mineral deposit in a manner which
would interfere with the present or future extraction of such deposit by an extractor."
G. Section 23-2-220,A.7--The Design Standards(Section 23-2-240 of the Weld County Code),
Operation Standards(Section 23-2-250 of the Weld County Code),Conditions of Approval,
and Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
H. Section 23-4-250--Additional requirements for Open-mining have been addressed through
this application and the Development Standards will ensure compliance with Section 23-4-
250 Weld County Code.
The Planning Commission recommends that the following conditions of approval and development standards
be attached:
1. Prior to recording the plat:
• A. The applicant shall submit a detailed signage plan to the Department of Planning Services in
compliance with the Weld County Code. (Department of Planning Services)
B. County Roads 120 and 133 are designated on the Weld County Road Classification Plan as
local gravel roads, which require 60 feet of right-of-way at full build out.The applicant shall
verify and delineate on the plat 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. These roads are maintained by Weld County.
(Department of Public Works)
C. A 30 foot wide joint access and utility easement extending across lands not associated with
the Permit Boundary area from County Road 120, for the benefit of the Fiscus Ranch and
Weld County Public Works mine location and lands within the Permit Boundary area shall be
shown clearly on the plat.The joint easement shall be dedicated for the use as shown using
the language set forth in the Weld County Code, Appendix 24-F.2. The easement shall be
graded and drained to provide all weather access. (Department of Public Works)
D. 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)
E. The applicant shall address the requirements(concerns)of the Department of Public Works,
as stated in their referral response dated October 17„ 2008. Evidence of approval shall be
submitted in writing to the Department of Planning Services. (Department of Planning
• Services)
Resolution USR-1672
Weld County Public Works
Page 4
F The applicant shall complete all proposed improvements including those regarding access
• improvements or enter into an Improvements Agreement according to policy regarding
collateral for improvements and post adequate collateral for all required materials. The
agreement and form of collateral shall be reviewed by County Staff and accepted by the
Board of County Commissioners prior to recording the USR plat. (Departments of Public
Works and Planning Services)
G. In the event that 1 or more acres are disturbed during the construction and development of
this site, the applicant shall obtain a stormwater discharge permit from the Water Quality
Control Division of the Colorado Department of Public Health and Environment. 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 approval shall be submitted to the
Department of Planning Services. (Department of Public Health and Environment)
H. The applicant shall submit a dust abatement plan for review and approval,to Environmental
Health Services, Weld County Department of Public Health & Environment. Evidence of
Health Department approval shall be provided to the Department of Planning Services.
(Department of Public Health and Environment)
The applicant shall submit a noise control plan for review and approval,to the Environmental
Health Services, Weld County Department of Public Health & Environment. Evidence of
Health Department approval shall be provided to the Department of Planning Services.
(Department of Public Health and Environment)
J. Submit documentation to the Environmental Health Services Division of the Weld County
Department of Public Health & Environment indicating that a permanent water source is
available. Evidence of such shall be provided to the Department of Planning Services.
• (Department of Public Health and Environment)
K. 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. 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)
L. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR-1672. (Department of Planning Services)
2. The location and size of any on-site signs. (Department of Planning Services)
3. The approved Landscape 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)
Resolution USR-1672
Weld County Public Works
Page 5
2. Prior to operations commencing:
• 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 atwww.cdphe.state.co.us/wq/Perm its Unit for
more information. (Department of Planning Services)
B. 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)
C. 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)
D. 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)
E. The applicant shall be responsible for 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)
F. 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)
G. An individual sewage disposal system is required and shall be installed according to the Weld
County Individual Sewage Disposal Regulations. Please note,the lot owners shall verify with
the nearest Town/City or Sanitation District to determine the location of the nearest sewer
line. In accordance with the Weld County Code, if a sewer line exists within 400 feet of the
property and the sewer provider is willing to serve the proposed structure a septic permit
cannot be granted by the Weld County Department of Public Health and Environment.
(Department of Public Health)
Motion seconded by Paul Branham.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Doug Ochsner
• Erich Ehrlich
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 December 2, 2008.
Dated the 2n° of December, 2008.
/a
On
Kristine Ranslem
Secretary
•
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Jack and Shirley Fiscus
• c/o Weld County Public Works
USR-1672
1. 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)in the A(Agricultural)
Zone District subject to the Development Standards stated hereon. (Department of Planning
Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S., as amended 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. 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)
7. 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)
8. 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)
9. A permanent, adequate water supply shall be provided for drinking and sanitary purposes for the
employee office. (Department of Planning Services)
10. Adequate handwashing and toilet facilities shall be provided for all personnel located at or entering the
facility. (Department of Public Health and Environment)
11. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment)
12. Portable toilets may be utilized on sites that are temporary locations of the working face and where
the portable processing equipment is equipment. (Department of Public Health and Environment)
13. 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)
14. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility
• area in a manner that will prevent nuisance conditions. (Department of Public Health and
Environment)
Resolution USR-1672
Weld County Public Works
Page 8
15. All pesticides, fertilizer, and other 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)
16. The applicant shall obtain a stormwater discharge permit from the Colorado Department of Public
Health & Environment, Water Quality Control Division, as applicable. (Department of Public Health
and Environment)
17. 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)
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. The hours of operation for sand and gravel operations are limited to the hours of day light except in
the case of public or private emergency or to make necessary repairs to equipment. Mining and
hauling hours shall occur between the hours of 6:00 AM to 4:30 PM during summer months and
between the hours of Hours of 7:00 AM to 3:30 PM during winter months.Operation may be extended
with specific permission from the Weld County Board of County Commissioners.This restriction shall
not apply to operation of administrative and executive offices or repair and maintenance facilities
located on the property. (Department of Planning Services)
•
21. The number of employees on-site at one time shall not exceed twenty(20).(Department of Planning
Services)
22. Existing trees and ground cover along public roads shall be preserved, maintained, and
supplemented, if necessary, for the depth of the setback in order to protect against and/or reduce
noise, dust, and erosion. (Department of Planning Services)
23. Where topsoil is removed,sufficient arable soil shall be set aside for re-spreading over the reclaimed
areas. (Department of Planning Services)
24. Should noxious weeds exist on the property or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Section 15-1-180. (Department of Public Works)
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. A 40 foot radius is required on all accesses to public roads for accesses designed to accommodate
truck traffic. (Department of Planning Services)
28. 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)
Resolution USR-1672
Weld County Public Works
Page 9
29. 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)
30. The landscaping on site shall be maintained in accordance with the approved Landscape Plan.
(Department of Planning Services)
31. 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)
32. A building plan review shall be approved and a building permit must be issued prior to the start of
construction. (Department of Building Inspection)
33. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of
permit application. (Department of Building Inspection)
34. A letter of approval from the New Raymer Fire Protection District is required prior to the issuing of
building permits. (Department of Building Inspection)
35. 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)
36. 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)
• 37. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240 of the Weld County Code.
38. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 of the Weld County Code.
39. The property owner or operator shall be responsible for complying with the Open-mining Standards of
Section 23-4-250, Weld County Code.
40. 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.
41. 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.
42. 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)
43. 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)
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
• Tuesday, December 2, 2008
A regular meeting of the Weld County Planning Commission was held in the Weld County Department of
Planning Services, Hearing Room, 918 10th Street, Greeley, Colorado. The meeting was called to order by
Chair, Doug Ochsner, at 1:30 p.m.
ROLL CALL ABSENT
Doug Ochsner-Chair
Tom Holton
Nick Berryman
Paul Branham
Erich Ehrlich
Robert Grand
Bill Hall
Mark Lawley
Roy Spitzer
Also Present: Kim Ogle, Department of Planning Services; Don Carroll, Department of Public Works; Lauren
Light, Department of Health; Cyndy Giauque, County Attorney, and Kris Ranslem, Secretary.
The Chair announced that the Board of County Commissioners has approved the update to the
Comprehensive Plan. The Chair extended an appreciation plaque to Bill Hall for serving on the Technical
Advisory Committee and thanked him for all of his work and time.
Bill Hall commented that he worked with a great group of people. He expressed appreciation for the
• opportunity to be involved in the committee and was excited to see what was accomplished from it.
Robert Grand moved to approve the November 18, 2008 Weld County Planning Commission minutes,
seconded by Mark Lawley. Motion carried.
CASE NUMBER: USR-1672
APPLICANT: Weld County Public Works
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and a Special Review Permit for Open Pit Mining
and Materials Processing(dry mining)of Construction materials, subject to the
provisions of Article IV, Division 4 of this Chapter in the A(Agricultural)Zone District
(Fiscus North Mine).
LEGAL DESCRIPTION: Part N2 Section 7,T10, R57W of the 6th P.M.,Weld County,Colorado.
LOCATION: Approximately 0.5 miles East of CR 133;South of and adjacent to CR 120.
The Chair asked Mr. Ogle is he wishes for this case to remain on consent. Mr. Ogle replied yes.
The Chair asked if the applicant was available. Dave Bauer, Public Works, commented that he wishes for
this case to remain on consent.
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 Planning Commissioners if they wish to hear this item. No one wished to speak.
Mr. Ogle stated that staff has an additional Health Department Standard to make to staff comments. He said
that it would be prior to operations commencing Item 2.G stating "An individual sewage disposal system is
required and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Please
• note, the lot owners shall verify with the nearest Town/City or Sanitation District to determine the location of
the nearest sewer line. In accordance with the Weld County Code, if a sewer line exists within 400 feet of the
property and the sewer provider is willing to serve the proposed structure a septic permit cannot be granted by G
the Weld County Department of Public Health and Environment."
+gas
The Chair asked the applicant if they had any comments.
• Dave Bauer, Public Works, 1111 H St., stated that he understands the request from the Health
Department. The Fiscus site lies roughly 25 miles due east of the Town of Grover. He indicated that the
Town of Grover would be the first place that might have a sanitation facility. The Fiscus mining activity is
planned to be less than six(6) months. He added that they anticipate having bottled water and coolers on
the trucks of any of the workers that are there as well as a port-a-potty on one of their trailers. The port-a-
potty would be delivered to the site when there would be activity and then it would be taken out when they
are done.
The Chair asked again if any of the Planning Commissioners wish to hear this case. No one wished to
speak.
The Chair read the next case on the consent agenda into record.
CASE NUMBER: MF-1025
PLANNER: Kim Ogle
APPLICANT: Robert Parsons
REQUEST: Minor Subdivision Plat for 8 residential lots,Peace Haven Estates,with Estate Zoning.
LEGAL DESCRIPTION: Lot B of RE-3358; being Part of the NW4 of Section 10,T7N, R67W of the 6`" P.M.,
Weld County Colorado.
LOCATION: East of and adjacent to CR 19 and south of and adjacent to CR 84. For a more precise
location,see legal.
The Chair asked Mr. Ogle is he wishes for this case to remain on consent. He replied yes.
The Chair asked if the applicant was available. The applicant indicated that he also wishes for this case to
remain on consent.
• 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 Planning Commissioners if they wish to hear this item. No one wished to speak.
Robert Grand moved that the Consent Agenda including Cases USR-1672 as amended and MF-1025, 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 Paul Branham. Motion
carried unanimously.
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. No one had
any further business to discuss.
Meeting adjourned at 1:43 p.m.
Respectfully submitted,
r yL( F 7 1C er)
Kristine Ranslem
Secretary
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