HomeMy WebLinkAbout20062848.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by James Rohn, 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-1455
APPLICANT: Mineral Reserves Inc./Lafarge West
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot B of RE-3714; part of the NE4 of Section 16, T2N, R68W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for mining in the A
(Agricultural)Zone District.
LOCATION: North of and adjacent to CR 20 %; approximately 1/4 mile west of CR 7.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the
Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-
220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinances in effect. Section 22-5-80.B.1 (CM.Goal 2) states, "Promote the
reasonable and orderly development of mineral resources." The proposed use would be
compatible with surrounding properties which include gravel operations to the south and west,
Lighthouse Cove PUD to the north, and agricultural uses to the east. The site is proposing to
convey the material across County Road 20 '/ to 2n° Amended USR-488 (Cottonwood Pit) for
processing. Use by Special Review 488 was originally approved on October 20, 1983 the 2nd
Amended USR was approved on September 19, 2001. Further, no prime farm land will be taken
out of production with this proposal.
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 Facilities including Sand
and Gravel Mining as a Use by Special Review 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 proposal will be compatible with existing surrounding land uses
which include agricultural lands and other gravel mining operations in the general area. The
surrounding land uses are primarily gravel operations with several rural residences in the area
including the Lighthouse Cove PUD. There are twenty property owners within 500 feet of this
application.
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
Town of Firestone did not respond to the referral indicting no conflict with their interests. The
Town of Frederick in their referral dated January 6, 2004 have concerns with screening,
preservation of existing trees on the site, surrounding property owners concerns, setbacks from
Idaho Creek and the reclamation of the site. The City of Longmont in their referral dated January
14, 2004 had concerns with the reclamation plan. In a referral dated December 22, 2004 the City
of Longmont indicates their concerns have been addressed by the applicant. No response was
received from the State of Colorado Division of Wildlife. Planning Staff believes that, with the
endorsement of the Conditions of Approval, contained in this recommendation, the approval of
this use will not jeopardize the health, safety and welfare of the surrounding property owners.
EXHIBIT
2006-2848 1
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Resolution USR-1455
Mineral Reserves
Page 2
E. Section 23-2-220.A.5 -- The application complies with Section 23-5-230 of the Weld County
Code. The proposal is located within the Flood Hazard Overlay District area as shown on FIRM
Community Panel Map #080266-0850C dated September 28, 1982. Conditions of Approval and
Development Standards address the issue of the flood plain. Section 22-5-80.E.2.d (CM.Policy
5.4) states "the operation will comply with the County flood hazard regulations...." Further,
Section 22-5-80.B.1 promotes the reasonable and orderly development of mineral resources.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. The subject site has irrigated not
prime and other land as delineated on the Important Farmlands of Weld County map, dated 1979.
A majority of the property lies within the one hundred (100) year flood plain that limits the
agricultural productiveness of the site. Section 22-5-80A.1.CM.Policy 1.1. states "access to
future mineral resource development areas should be considered in all land use decisions in
accordance with state law. No County governmental authority which has control over zoning
shall, by zoning, rezoning, granting a variance or other official action or inaction, permit the use of
any area known to contain a commercial mineral deposit in a manner which would interfere with
the present or future extraction of such deposit by an extractor".
G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240 of the Weld County Code),
Operation Standards (Section 23-2-250 of the Weld County Code), Conditions of Approval, and
Development Standards ensure that there are adequate provisions for the protection of health,
safety, and welfare of the inhabitants of the neighborhood and County.
H. Section 23-4-250 -- Additional requirements for Open-mining have been addressed through this
application and the Development Standards will insure compliance with Section 23-4-250 Weld
County Code.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to scheduling a Board of County Commissioners hearing:
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 surfate
or the mineral estate." Finally, Section 22-5-100.B.1 of the Weld County Code 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. The plat shall be amended to include any possible future drilling sites.
(Department of Planning Services)
B. The applicant shall provide the Department of Planning Services with a signed agreement
between the applicant and the Idaho Creek Ditch Company or evidence that an adequate attempt
to address their concerns has been made. The applicant shall contact Madoline Wallace of
Bernard Lyons Gaddis and Kahn at 303-776-9900 to facilitate the obtaining of this permit.
(Department of Planning Services)
C. The applicant shall address the concerns of the State of Colorado, Division of Water Resources
as stated in their referral dated December 22, 2003. Written evidence of approval shall be
submitted to the Department of Planning Services. (Department of Planning Services)
Resolution USR-1455
Mineral Reserves
Page 3
2. Prior to recording the plat:
A. The applicant shall address the concerns of the Weld County Sheriffs office as outlined in the
referral dated January 9, 2004. Evidence of approval shall be submitted to the Department of
Planning Services. (Department of Planning Services)
B. The applicant shall address the concerns of the Mountain View Fire Protection District as outlined
in the referral dated December 18, 2003. Evidence of approval shall be submitted to the
Department of Planning Services. (Department of Planning Services)
C. The applicant shall address the concerns of the Town of Frederick as outlined in the referral
dated January 6, 2004. Evidence of approval shall be submitted to the Department of Planning
Services. (Department of Planning Services)
D. The applicant shall contact the State of Colorado Division of Wildlife regarding any concerns they
may have. Evidence of approval shall be submitted to the Department of Planning Services.
(Department of Planning Services)
E. The applicant shall provide written evidence that all issues involving "the placement of dredge or
fill material, and any excavation associated with a dredge or fill project, either temporary or
permanent, in waters of the United States which includes ephemeral, intermittent and perennial
streams, lakes, ponds or wetlands at the site..." have been addressed to the satisfaction of the
Department of the Army, Corps of Engineers. Evidence shall be submitted to the Weld County
Department of Planning Services for review and approval. (Department of Planning Services)
F. 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 approval shall be submitted to the Department of
Planning Services. (Department of Public Health and Environment)
G. The applicant shall submit a dust abatement plan for review and approval to the Department of
Public Health and Environment. Evidence of approval shall be submitted to the Department of
Planning Services. (Department of Public Health and Environment)
H. The applicant shall submit evidence of a Colorado Discharge Permit System (CDPS) from the
Water Quality Control Division (WQCD) of the Colorado Department of Health for any proposed
discharge into State Waterways. Alternately, the applicant can provide evidence from the
(WQCD)that they are not subject to the requirements. Evidence of approval shall be submitted to
the Weld County Department of Planning Services. (Department of Public Health and
Environment)
The applicant shall submit a Landscape Plan identifying the number, size and species of all plant
material to the Weld County Planning Department for review and approval. This plan shall include
specifications of any proposed berm's, if required. The proposed berm's will be extended to
mitigate impacts to surrounding properties and adjacent road rights-of-way. Any berm placed in
the one hundred (100) year flood plain can not obstruct passage of flood flows. The applicant
shall use breaks in the berm with landscaping to fill the void, culverts, or some other method that
will allow water to flow freely. (Department of Planning Services)
J. The applicant shall apply for and be approved for a Flood Hazard Development Permit for any
development that will increase or decrease the base flood elevation in the flood plain as
delineated on FIRM Community Panel Map #080266 0850 C dated September 28, 1982. The
applicant shall obtain a Flood Hazard Development Permit for any new structures. No stockpiling
of material shall be allowed in the floodway. (Department of Planning Services)
K. The applicant shall provide the Department of Planning Services with a copy of a utility right-of-way
crossing permit from the Department of Public Works prior to the installation of the conveyor
system across County Road 20 '%. (Department of Planning Services)
Resolution USR-1455
Mineral Reserves
Page 4
L. The plat shall be amended to delineate the following:
1. All pages of the plat shall be labeled USR-1455. (Department of Planning Services)
2. The existing access to the site shall be utilized and shown on the plat. No additional
accesses shall be granted. (Department of Public
3. The location of any on-site signs. (Department of Planning Services)
4. The approved Landscape, Screen and Berm Plan. (Department of Planning Services)
5. County Road 20 1/2 is designated on the Weld County Transportation Plan Map as a four
lane minor arterial road, which requires 100 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way. A total of 50 feet from the centerline of Weld County
Road 20 % shall be delineated right-of-way on the plat. This road is maintained by Weld
County. (Department of Public Works)
6. A 20 foot setback from the future right-of-way shall be delineated on the plat for the
setback requirement in the agricultural zone district. (Departments of Planning Services
and Public Works)
7. The attached Development Standards for the Special Review Permit shall be adopted
and placed on the Special Review Plat prior to recording. The completed plat shall be
delivered to the Weld County Department of Planning Services and be ready for
recording in the Weld County Clerk and Recorder's Office within 60 days of approval by
the Board of County Commissioners. (Department of Planning Services)
3. Prior to construction:
A. The applicant shall obtain the appropriate building permits through the Weld County Building
Inspection Department. (Department of Building Inspection)
B. The applicant shall apply for and obtain approval for a Flood Hazard Development Permit for all
construction in the flood plain. (Department of Planning Services)
4. Prior to operation:
A. The applicant shall provide evidence that all issues involving water rights, including a water court
approved plan for augmentation or substitute water supply plan has been approved by the State
of Colorado, Division of Water Resources. Evidence shall be submitted to the Weld County
Department of Planning Services for review and approval. Department of Planning Services)
5. 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)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Lafarge West/Duckworth Pit
USR-1455
1. A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development
facilities including Sand and Gravel Mining in the (A) Agricultural Zone District, as indicated in the
application materials on file and subject to the Development Standards stated hereon. (Department of
Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. No stockpiling of material in the floodway. (Department of Planning Services)
4. The site will utilize conveyors to move material from the site across County Road 20 % to the existing
Cottonwood processing facility. There will be no direct hauling from this location. (Department of Public
Works)
5. The site shall adhere to the existing maintenance and Improvements Agreement associated with the
Cottonwood Pit 2nd Amended USR-488 (M-1988-042). (Department of Public Works)
6. The historical flow patterns and run-off amounts will be maintained on site in such a manner that 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)
7. No staging or parking vehicles are allowed on County Road 20 %. (Department of Public Works)
8. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5,
C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and
groundwater contamination. (Department of Public Health and Environment)
9. Adequate handwashing and toilet faculties shall be provided for employees (Department of Public Health
and Environment)
10. Portable toilets may be utilized on sites that are temporary locations of the working face and portable
processing equipment, etc. for up to six months at each location. (Department of Public Health and
Environment)
11. Bottled water shall be utilized for drinking. (Department of Public Health and Environment)
12. 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. (Department of Public Health and Environment)
13. 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)
14. 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)
15. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone District as
delineated in 25-12-103, C.R.S. (Department of Public Health and Environment)
16. 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)
17. Any required Storm Water Discharge Permit shall be maintained in compliance with the Water Quality
Control Division of the Colorado Department of Public Health & Environment. (Department of Public
Health and Environment)
Resolution USR-1455
Mineral Reserves
Page 2
18. The operation shall comply with all applicable rules and regulations of the Colorado Division of Minerals
and Geology. (Department of Public Health and Environment)
19. The operation shall comply with the Occupational Safety and Health Act (OSHA). (Department of Public
Health and Environment)
20. The operation shall comply with the Mine Safety and Health Act (MSHA). (Department of Public Health
and Environment)
21. The operation shall comply with all applicable rules and regulations of the Federal Emergency
Management Agency including a Letter of Map revision if determined to be applicable. (Department of
Planning Services)
22. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly identify the
boundaries of the site. (Department of Planning Services)
23. Lighting provided for security and emergency night operation on the site shall be designed so that the
lighting will not adversely affect surrounding property owners. (Department of Planning Services)
24. Section 23-4-290.B of the Weld County Code limits the hours of operation for sand and gravel operations
to the hours of day light except in the case of public or private emergency or to make necessary repairs to
equipment. Hours of operation may be extended with specific permission from the Weld County Board of
County Commissioners. This restriction shall not apply to operation of administrative and executive offices
or repair and maintenance facilities located on the property. (Department of Planning Services)
25. Existing trees and ground cover along public road frontage and drainageways 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)
26. Where topsoil is removed, sufficient arable soil shall be set aside for re-spreading over the reclaimed
areas. (Department of Planning Services)
27. The applicant shall be responsible for keeping the crossing area of the conveyor system free of gravel,
spillage, vandalism etc. (Department of Public Works)
28. 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)
29. If any work associated with this project requires the placement of dredge or fill material, and any
excavation associated with a dredged or fill project, either temporary or permanent, in waters of the
United States which may include streams, open water lakes and ponds or wetlands at this site, the
Department of the Army, Corp of Engineers shall be notified by a proponent of the project for proper
department of the Army permits or changes in permit requirements pursuant to Section 404 of the Clean
Water Act. (Army Corps of Engineers)
30. The landscaping on site shall be maintained in accordance with the approved Landscape Plan.
(Department of Planning Services)
31. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Planning Services)
32. Proper building permits shall be obtained prior to any construction, demolition, or excavation. Part of the
permit application process includes a complete plan review. (Department of Building Inspection)
33. Additional requirements or changes may be required when building applications or plans are reviewed by
the Weld County Building Inspection Department, the Fire District, or other State agencies. (Department
of Building Inspection)
34. The property owner or operator shall be responsible for complying with the Design Standards of Section
23-2-240 of the Weld County Code.
Resolution USR-1455
Mineral Reserves
Page 3
^36. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 of the Weld County Code.
37. The property owner or operator shall be responsible for complying with the Open-mining Standards of
Section 23-4-250, Weld County Code.
38. 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.
39. 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.
40. 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)
41. 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.
Motion seconded by Bruce Fitzgerald
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Bruce Fitzgerald
James Rohn
Tonya Strobel
Chad Auer
Doug Ochsner
James Welch
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, Voneen Macklin, 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 March 15, 2005.
Dated the 15° of March, 2005.VYU)Voneen Macklin
Secretary
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, March 15, 2005
A regular meeting of the Weld County Planning Commission was held in the Southwest Weld County
Conference Room,4209 CR 24 /, Longmont, Colorado. The meeting was called to order by Chair, Michael
Miller, at 1:30 p.m.
ROLL CALL
Michael Miller
Bryant Gimlin Absent
John Folsom
James Rohn
Bruce Fitzgerald
Tonya Strobel Absent
Chad Auer
Doug Ochsner
James Welch Absent
Also Present: Peter Schei, Don Carroll, Char Davis, Jacqueline Hatch, Kim Ogle
The summary of the last regular meeting of the Weld County Planning Commission held on, March 1, 2005,
was approved as read.
CASE NUMBER: USR-1455
APPLICANT: Mineral Reserves Inc./Lafarge West
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot B of RE-3714; part of the NE4 of Section 16, T2N, R68W of
the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for mining in
the A (Agricultural)Zone District.
LOCATION: North of and adjacent to CR 20 ''A; approximately 1/4 mile west of CR 7.
•
Jacqueline Hatch, Department of Planning Services presented Case USR-1455,reading the recommendation
and comments into the record. The Department of Planning Services is recommending approval of the
application along with the Conditions of Approval and Development Standards.
Bruce Fitzgerald asked where the closest homes are in Lighthouse Cove where located and how close are
they. Ms. Hatch stated the applicants would be better prepared to answer this.
Doug Ochsner asked about the Idaho Creek Ditch and the status of an agreement. Ms. Hatch stated the
applicant has an agreement with the Smith & Emmons Ditch which is also represented by the same law firm
as Idaho Creek. The applicant can address the status of the agreement in their presentation.
James Rohn asked about the timeline for the Cottonwood Pit. Ms. Hatch stated the applicant will address this
in their presentation. The understanding is this pit will be run at the same time. Mr. Rohn asked Ms. Davis
about the agreement for bottled water. Ms. Davis,Weld County Health Department,stated that was standard
for employees who are working on the pit along with portable toilets.
John Folsom asked about the processing of materials. Ms. Hatch indicated they will be taken from this pit to
the Cottonwood Pit by conveyor belt across CR 20 '/:. The conveyor system has been approved but Public
Works.
Michael Miller asked about Development Standard#33 requiring permits for electrical work and if these pits
are exempt from this requirement. Ms. Hatch stated the building inspectors required this and it could be \,
verified.
Eric Reckentine, Suzanne Jenson representatives for the applicant, presented information on the proposed r;
n/� project. Mr. Reckentine provided additional information with regards to the proposal. Mr. Reckentine [�
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indicated the property will be mined out in one year with the intent to shield the neighbors from the mining with
landscape materials. There will be no plants on the property,the area will be stripped and de-watered and the
materials will be conveyed to the Cottonwood Pit. The operation is currently permitted through the State. Ms.
Jensen continued with the reclamation phase. The reclamation will occur concurrently with the mining. The
earth moving activities will be completed within one year and the re-vegetation activities will occur
approximately one to three years to establish. The reclamation will be native grasses to the area. De-
watering water will go into the Lighthouse Cove pond and there is an agreement in place. The impacts will be
minimal. Ms. Jensen added the closest residence is approximately 200 feet and there will be visual berms.
The ponds will not be lined and the Idaho Creek corridor will be preserved,there will be no impact to this area.
The ditch company that has the rights to Idaho Creek does not claim a prescriptive easement along this
property. A typical easement has been maintained but there was no need for an agreement. This pit will be
completed before the Cottonwood Pit. The neighbor concerns were with truck traffic,dust and noise. This will
not be an increased by this operation since the material will be processed at the Cottonwood Pit. There will be
no increase in the tonnage taken from either since this pit will be operating in place of the Cottonwood Pit at
the time. The intent is to finish removal of aggregate from this site then return to the Cottonwood site. This
operation will be a dry mining operation.
Doug Ochsner asked for clarification on the Idaho Creek easement. Ms.Jensen stated this was a lateral not a
primary ditch. There are no identified users of the lateral except for Lafarge. There is no easement but the
maintenance is done by Lafarge.
James Rohn asked if there were any permits on the Cottonwood Pit that would be in jeopardy if this pit was
mined first then the Cottonwood Pit returned to. Ms.Jensen indicated Cottonwood has been mined out faster
so the permits are in place and there will be enough time.
John Folsom asked if there are any shallow residential wells that would need monitoring. Ms. Jensen
indicated there were monitoring wells and a structured ground water monitoring plant. There are no registered
wells within 600 feet of the property and no unregistered wells were located during a field check. There is a
ground water monitoring plan that triggers if more than two feet below what the average ground water reading
is occurs.
Michael Miller asked Ms hatch about the Cottonwood Pit and if it allows for importation of aggregate. Ms.
Hatch stated the comments do not call out the importing as not accepted but it also does not specify that it
can. Mr.Carroll, Public Works,added the Shaw Pit is imputing into the Cottonwood Pit at this time. Mr.Miller
asked Mr. Morrison if there are any issues with a permit that does not specifically call out the allowance for
importing of materials. Mr. Morrison stated that unless it conflicts with something and it has been allowed to
occur at the site already it would not be an issue.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Don Carroll indicated it would be beneficial for the Planning Commission to see the photos provided by the
applicant of the proposed conveyor belt. Mr. Reckentine presented pictures of an existing system that will be
utilized at this site. Mr. Miller asked if a conveyor under the bridge was reviewed. Mr. Reckentine indicated it
had been reviewed but the concern is there are prescriptive easements with another company and it is easier
to bring the materials over the road. The concern is bringing materials under a bridge where there is a
possibility of water and could make for a larger problem. Ms.Jensen added the ditch was not large enough.
Mr. Miller asked if there was any feedback from the operators of the power lines. Mr. Reckentine indicated
they would need to lower the power line and bury two segments.
Jacqueline Hatch indicated that after speaking with the building official,electrical permits are required for any
electrical use on a gravel permit. Mr. Miller stated that was different from the last hearing. Ms. Hatch was
informed by that staff that the County does not have jurisdiction over electrical permits it would be issued
under a DMG permit with the state.
Lee Morrison stated there is an exception for a number of local land use building code requirements. One of
those is if it is governed by DMG.
James Rohn moved to amend the parcel number. Bruce Fitzgerald seconded. Motion carried.
James Rohn moved to delete Development Standard#33. Doug Ochsner seconded. Motion carried.
James Rohn moved that Case USR-1455, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Bruce Fitzgerald seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Michael Miller, yes; James Rohn, yes; Chad Auer, yes; Doug Ochsner, yes; Bruce Fitzgerald,
yes. Motion carried unanimously.
CASE NUMBER: 2005-XX
APPLICANT: Carma Colorado do Tom Morton
PLANNER: Monica Mika
LEGAL DESCRIPTION: Located in the SE4; the NW4 of Lot B RE-1450; part of the NE4
of Lot A RE-1840; the N2NE4; the SW4; and part of the NE4 all in
Section 25, T3N, R68W of the 6th P.M., Weld County, CO. Part of the
W2; and the NE4 all in Section 35, T3N, R68W of the 6th P.M., Weld
County, CO. The E2NW4/NW4NW4 of Lot B AmRE-1140; the
SW4NW4; and the N2NE4 all in Section 36, T3N, R68W of the 6th P.M.,
Weld County, CO.
REQUEST: Petition for revision to the Mixed Use Development Area of
Unincorporated Weld County.
LOCATION: South of and adjacent to State Hwy 66; east of and adjacent to CR 11;
west of and adjacent to CR 13; south of and adjacent to CR 28; and east
of and adjacent to 1-25 frontage road.
Kim Ogle, Department of Planning Services presented Case CC2005-XX, reading the recommendation and
comments into the record.The Department of Planning Services is recommending approval of the application
along with the Conditions of Approval and Development Standard. Staff is recommending the following
language be added: The applicants shall work with the Weld County Attorney's office to establish a
metropolitan district to assure future municipal level services.
John Folsom asked if the Town of Firestone had been sent a referral since they have now annexed within
three miles of the site. Mr. Ogle indicated there was a signature card in the file from the Town of Firestone.
Mr. Folsom asked if this was amending the land use on the MUD Map and Planning Commission will hear
individual cases when they are submitted. Mr. Ogle stated that is correct, this is a condition of approval prior
to moving onto the change of zone process.
Michael Miller asked for clarification with regards to locations of properties within municipal boundaries,
specifically the Town of Mead. Mr. Ogle addressed this question referencing the relationship of the proposed
MUD map.
Tyler Packard,representative for Carma Colorado, indicated he had nothing to add to staffs presentation. He
indicated that there are consultants available for questions of the board.
John Folsom indicated his concern with the school district responses. Mr. Packard indicated they have met
with the school district and are exploring ways to address their concerns with the final number of student that
will be brought to the area. This will have a significant impact on the school district and it is in the best benefit
for both to mediate those concerns from the beginning. Mr. Folsom indicated there are no elementary or
middle schools in the area. Mr. Packard stated they have designated a spot for an elementary school. Mr.
Folsom indicated the school district does not have the money for the structures, there is no bond issue and
that takes a significant amount of time. Mr. Folsom suggested mitigation for the developers to provide
voluntary capital mitigation donations for the school development. Mr.Tyler indicated they have met with the
officials and it has been preliminarily discussed with them as a possibility.
Michael Miller asked if the five individual land owners will be bringing in separate applications for
developments. Mr. Packard indicated they are representing those individuals and that Carma Colorado has
the option to purchase the land.
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