HomeMy WebLinkAbout20032447.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Fitzgerald, along with the addition of Development Standard#28 and new language in 1C,
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-1394
APPLICANT: Northern Colorado Constructors Inc.
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lots 3,4, &5(Lupton Meadows Subdivision; part of the E2 SE4 of Section
24, T2N, R67W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Use Permit for a Mineral
Resource Development Facility (dry open pit mining for sand and gravel).
LOCATION: North of and adjacent to WCR 18; east of and adjacent to WCR 25.
be recommended favorably to the Board of County Commissioners for the following reasons:
THE PLANNING COMMISSION'S RECOMMENDS THAT THIS REQUEST BE APPROVED 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 ordinance in effect. Section 22-5-80.B of the Weld County
Code states "Promote the reasonable and orderly development of mineral resources."
Section 22-5-30 of the Weld County Code states"New Developments should be located and
designed to preserve critical ecosystem components,including wetlands,significant wildlife
habitats and migration corridors." A wetland area is located in the area not to be mined in
the northeast corner of the site. The Department of the Army - Corps of Engineers has
indicated that a 404 permit will not be required for this project and a conversation with the
Colorado Division of Wildlife in a follow up to their referral response has indicated that they
have no concerns with this proposal. Conditions of Approval and Development Standards
ensure that impacts to surrounding land uses will be adequately mitigated.
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 open pit mining
and materials processing 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 site is located adjacent to two single family residences to the
south, an underground injection well site and commercial tree nursery to the east, vacant
land and a single family residence approximately 1/4 mile to the west, and a single family
residence approximately 1,000 feet to the north. Conditions of approval and development
standards will ensure adequate mitigation will be taken to address impacts of the proposed
gravel mining operation.
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
(g. EXHIBIT
2003-2447 ,C>
eWit
Resolution USR-1394
Colorado Constructors
Page 2
code provisions or ordinances in effect,or the adopted Master Plans of affected municipalities. The
site is located within the three-mile referral area for the Town of Fort Lupton. No referral response
was received from the Town of Fort Lupton indicating no conflict with their interests.
e. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County
Code. The site is located within the 100-year floodplain as outlined in FIRM Community
Panel 080266 0866C. Aflood hazard development permit shall be submitted and approved
prior to recording the plat as a condition of approval for this application.
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 proposed use is
located on property defined as "Irrigated Non Prime" and "Other" according to the 1979
"Important Farmlands of Weld County"map.
g. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards(Section 23-2-250,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.
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 Commissions recommendation for approval is conditional upon the following:
1. Prior to scheduling a Board of County Commissioners hearing:
A. Section 22-5-100 B.1 of the Weld County Code states"new planned unit developments or
subdivisions 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 to the Weld County Department of Planning Services a copy of an
agreement with the properties mineral owners stipulating that the oil and gas activities have
adequately been incorporated into the design of the site or show evidence that an adequate
attempt has been made to mitigate the concerns of the mineral owners. (Department of
Planning Services)
B. Applicant shall provide an approved copy of an approved water augmentation plan from the
Colorado Division of Water Resources to the Department of Planning Services.
(Department of Planning Services)
C. The applicant shall either submit to the Weld County Department of Planning Services a
copy of an agreement with neighboring property owners stipulating that monitoring wells will
be installed and monitored and that potential impacts to adjacent wells will be adequately
mitigated or show evidence that an adequate attempt has been made to mitigate property
owners concerns in regards to well impacts. (Department of Planning Services)
D. The applicant shall submit a copy of an agreement with the Lateral Ditch Company,whose
irrigation ditch runs along the northeast corner of the site,stipulating that all concerns of the
ditch company have been adequately addressed, or submit evidence that reasonable
accommodations have been made. (Department of Planning Services)
Resolution USR-1394
Colorado Constructors
Page 3
E. The applicant shall submit a copy of an agreement with the Sand Hill Reservoir Outlet Ditch,
whose irrigation ditch runs along the northeast corner of the site,stipulating that all concerns
of the ditch company have been adequately addressed,or submit evidence that reasonable
accommodations have been made. (Department of Planning Services)
2. Prior to recording the plat:
A. The plat shall be labeled USR-1394 (Department of Planning Services)
B. The plat shall meet the requirements of sections 23-2-260 D.4 & D.5 of the Weld County
Code and shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning Services)
2. The approved Landscaping & Buffering Plan. (Department of Planning Services)
3. Weld County Road 18 is designated on the Weld County Transportation Plan Map
as a collector status road, which requires 80-feet of right-of-way at full build out.
There is presently 60 feet of right-of-way. A total of 40 feet from the centerline of
Weld County Road 18 shall be delineated on the plat as right-of-way reservation for
future expansion of Weld County Road 18. This road is maintained by Weld
County. (Department of Public Works)
ie"- 4. Weld County Road 25 is designated on the Weld County Transportation Plan Map
as a local paved road,which requires 60-feet of right-of-way at full build out.There
is presently 60 feet of right-of-way. A total of 30 feet from the centerline of Weld
County Road 2 5 s hall b e delineated o n the plat as right-of-way. T his road i s
maintained by Weld County. (Department of Public Works)
C. If applicable, the applicant shall apply for an Underground Injection Control (UIC) Class V
Injection Well permit, for the shop building, through the Environmental Protection Agency
(EPA), or provide evidence that the applicant is not subject to the EPA Class V
requirements. Evidence of Department of Public Health and Environment approval shall
be submitted to the Department of Planning Services. (Department of Public Health and
Environment)
D. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit application must be submitted to the Colorado Department of Health and
Environment, Air Pollution Control Division, for emissions of criteria,hazardous or odorous
air pollutants. (Department of Public Health and Environment)
E. Any existing septic system(s) located within the USR boundary which is not currently
permitted through the Weld County Department of Public Health &Environment will require
an I.S.D.S. Evaluation prior to the issuance of the required septic permit(s) or provide
evidence that the system(s) has been properly abandoned. In the event the system(s) is
found to be inadequate, the system(s)must be brought into compliance with current I.S.D.S.
regulations. (Department of Public Health and Environment)
F. A NPDES Permit shall be obtained from the Water Quality Control Division of the Colorado
Department of Health for any proposed discharge into State Waterways. (Department of
Public Health and Environment)
Resolution USR-1394
Colorado Constructors
Page 4
G. The applicant shall submit a dust abatement plan to the Department of Public Health and
Environment, for approval. Evidence of Department of Public Health Environment approval
shall be submitted to the Department of Planning Services. (Department of Public Health
and Environment)
H. The applicant shall submit a Waste Handling Plan to the Weld County Department of
Public Health & Environment, Environmental Health Services Division. Evidence of
approval shall be submitted to the Weld County Department of Planning Services. The plan
shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).(Department of Public Health and
Environment)
2) A list of the type and volume of chemicals expected to be stored on site.
(Department of Public Health and Environment)
3) The waste handler and facility where the waste will be disposed (including the
facility name, address, and phone number). (Department of Public Health and
Environment)
If applicable, the applicant shall provide evidence to the Department of Public Health and
Environment, Environmental Health Services Division that any vehicle washing area will be
designed and constructed to capture all effluent and prevent any 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. Evidence
of Department of Public Health and Environment Approval shall be submitted to the
Department of Planning Services. (Department of Public Health and Environment)
J. The applicant shall apply for and receive approval for a Flood Hazard Development Permit
from the Department of Planning Services. (Department of Planning Services)
K. The applicant shall attempt to address the recommendations of the Platte Valley Soil
Conservation District as stated in their referral dated July 10, 2002.Written evidence of this
shall be submitted to the Department of Planning Services. (Platte Valley Soil Conservation
District)
L. The applicant shall address the recommendations of the Weld County Sheriffs Office as
outlined in their referral dated July 11, 2002. Written evidence of this shall be submitted to
the Department of Planning Services. (Weld County Sheriffs Office)
M. The applicant shall attempt to address the recommendation of United Power, Inc. received
June 26, 2002. Written evidence of this shall be submitted to the Department of Planning
Services. (United Power)
N. The applicant shall enter into a Long-Term Road Maintenance and Improvements
Agreement with the Weld County Public Works Department for the upgrading and paving
or maintenance of Weld County roads which are associated with the designated haul route.
The improvements agreement shall include an additional three-inch overlay placed from the
pit entrance to WCR 18 to accommodate the additional heavy hauling associated with the
gravel pit. (Department of Public Works)
Resolution USR-1394
Colorado Constructors
Page 5
O. The applicant shall address the recommendations of the Colorado Department of
Transportation as outlined in their letter dated November 19,2002. Written evidence of this
shall be provided to the Department of Planning Services. (Colorado Department of
Transportation)
P. The applicant shall submit a Landscape and Screening Plan for review and approval by the
Department of Planning Services. The landscape and screening plan shall address
screening from the existing residences and commercial nursery to the north,east,west and
south of the site. (Department of Planning Services)
Q. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
3. Upon completion of 1. and 2. 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)
4. The Department of Planning Services respectively requests the surveyor provide a digital copy of
this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format
type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This
digital file may be sent to maps(dlco.weld.co.us. (Department of Planning Services)
5. Prior to release of building permits:
A. The applicant shall address the requirements of the Department of Building Inspection as
stated in their referral received July 24, 2002. Written evidence of this shall be submitted
to the Department of Planning Services. (Department of Building Inspection)
B. An Individual Sewage Disposal System is required for the proposed scale house and/or
repair shop and shall be installed according to the Weld County I.S.D.S. Regulations. The
septic system is required to be designed by a Colorado Registered Professional Engineer
according to the Weld County I.S.D.S. Regulations. The installation of the septic system
shall comply with the Weld County I.S.D.S. flood plain policy. (Department of Public Health
and Environment)
3. Prior to operation:
A. The access point including the access to the scale house shall be paved a minimum of 24
feet in width to accommodate two-way traffic. The access point shall have an adequate
sight distance in both directions. (Department of Public Works)
4. 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
Northern Colorado Constructors, Inc.
USR-1394
1. The Site Specific Development Plan and Special Use Permit is for a mineral resource development
facility(dry open pit mining and materials processing for sand &gravel) 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. Per Section 23-4-290 of the Weld County Code, operations shall be conducted during the hours of
daylight except in the case of public or private emergency, or to make necessary repairs to
equipment except in the case of public or private emergency, or to make necessary repairs to
equipment. This shall not apply to operation of administrative and executive offices or repair
facilities on the property. (Department of Planning Services)
4. Off-street parking spaces at the main office parking lot, including access drive, shall be surfaced
with asphalt,concrete or equivalent, and shall be graded to prevent drainage problems.(Department
of Public Works)
5. All liquid and solid wastes (a s defined i n the Solid Wastes Disposal Sites and F acilities Act,
30-20-100.5, C.R.S.)shall be stored and removed for final disposal in a manner that protects against
r
surface and groundwater contamination. (Department of Public Health and Environment)
6. 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. (Department of Public Health and Environment)
7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Department of Public Health and
Environment)
8. Fugitive dust shall be controlled on this site. The facility shall be operated in accordance with the
approved dust abatement plan at all times. (Department of Public Health and Environment)
9. 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)
10. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility
in the manner that will prevent nuisance conditions. (Department of Planning Services)
11. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the
facility. (Department of Public Health and Environment)
12. Adequate toilet facilities (port-a-potty) may be utilized on sites which 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)
13. Any vehicle washing area(s) shall capture all effluent and prevent discharges from drum washing
and the washing of vehicles in accordance with the Weld County Code, the Rules and Regulations
of the Water Quality Control Commission, and the Environmental Protection Agency. (Department
of Public Health & Environment)
Resolution USR-1394
Colorado Constructors
Page 2
14. The applicant shall operate in accordance with the approved "waste handling plan". (Department of
Public Health and Environment)
15. 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)
16. The facility shall have sufficient equipment available to implement dust control as required by the
approved Dust Abatement Plan. (Department of Public Health and Environment)
17. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
18. If applicable, the applicant shall obtain a Storm Water Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division. (Department of
Public Health and Environment)
19. The installation of the septic system shall comply with the Weld County I.S.D.S. flood plain policy.
(Department of Public Health and Environment)
20. In the event that 5 or more acres are disturbed during the construction and development of this site,
the applicant shall obtain a storm water discharge permit from the Water Quality Control Division
of the Colorado Department of Public Health and Environment. (Department of Public Health and
Environment)
21. All fuel tanks, septic tanks, temporary buildings, and any other hazardous items that might wash
away during flooding shall be securely anchored and adequately flood-proofed to avoid creation of
a health hazard. Following completion of mining, all temporary buildings shall be removed.
(Department of Planning Services)
22. The landscaping on site shall be maintained in accordance with the approved landscape plan.
(Department of Planning Services)
23. The applicant shall comply with the requirements oft he Air Pollution C ontrol Division, oft he
Colorado Department of Public Health and Environment. (Department of Public Health and
Environment)
24. The applicant shall comply with the requirements of the Water Quality Control Division, of the
Colorado Department of Public Health and Environment. (Department of Public Health and
Environment)
25. The application shall comply with all applicable rules and regulations of the Colorado Division of
Minerals and Geology.
26. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
27. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 and Section 23-4-290, Weld County Code.
28. Sources of light shall be shielded so beans or rays of light will not shine directly onto adjacent
properties. Neither the direct nor reflected light from any light source say create a traffic hazard to
operators of motor vehicles on public streets.
r• Resolution USR-1394
Colorado Constructors
Page 3
29. Personnel from the Weld County Departments of Public Health and Environment,Planning Services
and Public Works 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.
30. 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.
31. 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 Stephan Mokray
VOTE:
For Passage Against Passage Absent
eaN
Fred Walker
Michael Miller
John Folsom
Cathy Clamp
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Bernard Ruesgen
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 December 3, 2002.
D ted the 3rd of December, 2002.
Voneen Macklin
Secretary
J - 3-tea
Development Standards#10 there needs to be some modification to the language. The language will consist
of"direct access from the public road shall be limited to one access per residential unit."
John Folsom commented that the future residence in this situation could go to a rental.
Bernie Ruesgen moved that Case USR-1404, be forwarded to the Board of County Commissioners along
with the Conditions of Approval and Development Standards with the Planning Commissions
recommendation of approval. James Rohn seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Stephan Mokray, yes; Michael Miller, yes; Fred Walker, yes; Bruce Fitzgerald, yes; James
Rohn, yes; Bernie Ruesgen, yes; Cathy Clamp, yes. Motion carried unanimously.
CASE NUMBER: USR-1394
APPLICANT: Northern Colorado Constructors Inc.
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lots 3,4, &5(Lupton Meadows Subdivision; part of the E2 SE4 of Section
24, T2N, R67W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Use Permit for a Mineral
Resource Development Facility (dry open pit mining for sand and gravel).
LOCATION: North of and adjacent to WCR 18; east of and adjacent to WCR 25.
Chris Gathman, Department of Planning Services presented Case USR-1394,reading the recommendation
and comments into the record. The Department of Planning Services is recommending approved of the
application along with the Conditions of Approval and Development Standards.
Bruce Fitzgerald asked about the surrounding areas and the gravel sites. Was there a plan to re pave
County Road 18. Mr.Carroll indicated that it was an overlay on County Road 18. Mr.Fitzgerald asked about
the acceleration lane on Hwy 85 going south, if it was paid for by some of the other applicants. Mr. Carroll
indicated CDOT is requiring some improvements from the applicant. Once additional traffic is added to the
roadway additional requirements are necessary. The CDOT letter refers to the left turn slot being extended,
and the acceleration lane extended. There is also talk of a free right turn lane. Mr. Carroll added that
appropriate signage will be in place once these are established. The applicant will bear some of the cost with
CDOT.
John Folsom commented that the southbound acceleration lane and the northbound left turn lane on Hwy
18 need to be widened. They are just a shoulder with a stripe on them. Mr. Carroll indicated that the
applicant will need to work with the state on the system. Things will be taken into consideration for the safety
of the highway.
James Rohn asked for clarification on the standards in which the applicant is asked to address the
recommendations. Mr. Gathman indicated that since some of the referral agencies are not part of the
county, staff cannot make the applicant address the concerns. They have to show written evidence that
there has been an attempt. Mr.Rohn asked for clarification with regard to Development Standard#10
and if they could not be combined. Ms. Davis stated that there is a need to have facilities for the employees
but also have port a potties located in various areas on the site for use.
Cathy Clamp asked Mr. Carroll about the bridge on Country Road 18 and what the haul route was going to
be . Is the plan to come out on CR 18 and if so is there plans to upgrade some of the smaller wooden
bridges that are located on that stretch of road. Mr. Carroll stated that the haul route that is being set up is
to exit on CR 25 going south to CR 18 then to the east to Hwy 85. 90% of the traffic will go to Hwy 85. The
bridges on the stretch are legal bridges, nothing is posted. 10%will go back to the west and disburse. Ms.
Clamp indicated that there was a wooden bridge at the bottom of the hill below Sand Hill Creek. Ms. Clamp
stated she believed there was a posted bridge going west and this is a narrow stretch. Mr. Carroll will look
into this and determine if there is a need for posting.
EXHIBIT
Page -4I-
sf i
Bruce Fitzgerald asked Mr. Carroll about the curve before hwy 85 on CR 18,which gets cut short by almost
everyone. Is there any plans to straighten it out or what would compel the county to do so. Mr. Carroll
indicated that there are no plans for it, and there would need to be numerous accidents. It would need to
be taken on as a safety project. Mr. Carroll indicated that the speed limit should be posted for the curve.
Mr. Folsom added that the limit is posted at 35mph and it might be considered to reduce to 25mph.
Cathy Clamp asked Mr. Gathman about the landscape plan and will it include directional lighting or should
there be an additional provision. Mr. Gathman indicated that a provision could be added. There is a
provision in the commercial/industrial section of the Weld County Code.
Michael Miller asked about the draw running north to east and if it was a historical drainage. Mr. Gathman
stated it looks like a historical drainage and they are looking into the north end because of the wetlands. The
Army Corps of Engineers indicated it was not jurisdictional.
Ken Rollin, representative for the applicant, provided some additional information on the project. The
applicant has a state reclamation permit. The reclamation permit has been approved by the State Geology
and Mining. Through that process all the neighbors have been notified and responses have been received
from them regarding the wells. There is a weed control plan in place with Ron Broda. There will be very little
hauling to the west with the majority going east. Ms. Clamp indicated that the concern is to go to CR 18 to
the east approaching Hwy 85. Mr. Rollin indicted that the only thing besides the curve, going to the east,
is the bridge. The bridge was built to get above flood level. Other than that it is in the river bottom which
is flat. The drainage through the property is an old oxbow. The only natural drainage is at the far west edge.
They are mining one hundred feet from that. Northern Colorado Water Conservancy District ditch to the
south has been addressed and a written agreement is being worked on. The applicant stated that by the
State permit they have to stay 200 feet away from the ditch. The applicant is currently working with all the
mineral interests in the area. It does not appear that there is anything that will hold that process up.
Cathy Clamp asked about the haul route and concern with safety and the bridges and curve onto Hwy 85.
Directly from CR 25 onto CR 18 there is a steep downgrade at the bottom there is a wooden bridge. That
is the concern. The S curve onto hwy 85 is another issue. The roadway on CR 18 is narrow and there are
no shoulders. Will training of the divers be done? Mr. Rollin indicted that there will be contract drivers so
there will be no training possibilities. There will be signs posted to make them aware of the hazards. Mr.
Rollin clarified the haul route with regard to where the bridges and the hills are located.
Bruce Fitzgerald asked about the drivers being contracted and the hauling going east. Mr. Rollin indicted
that there will be designated routes for the drivers to take and it will be controlled. This has been done in
the past because of the safety reasons.
John Folsom asked about the letters from the neighbors and the water level. Will any monitoring wells be
done to control or determine the ground water level. Mr. Rollin indicted that there will be a monitoring
program once the permit is approved. There are monitoring wells in other areas of the site but this area was
wet when the wells were initiated. They will be installed and Mr.Eyhart well will be monitored for quality and
water level. There will be written assurances that mitigation will be done should any problems arise. The
applicant is bound by this because of the state permit.
Michael Miller asked Mr.Gathman if there was anything in the standards for the monitoring of the wells. Mr.
Gathman indicted that language can be prepared.
James Rohn asked about covering the gravel trucks. Mr. Rollin indicated that it is state law.
Cathy Clamp asked about the tree nursery and the dewatering on the site. Mr. Rollin indicated that it must
be done on the site because of the nature of the gravel. It is mostly sand near the river. A dry pit will
produce too much sand.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Robert Eyrhart, neighbor, stated that there is a wooden bridge on CR 18 and CR 25. The bridge was
Page -5-
condemned at one time but it was fixed. The gravel trucks will be very hard on the bridge. There is a safety
issue with regard to the speed limit. It is 55 mph on a narrow two lane road. Mr. Eyrhart recommends the
route entrance be directly on CR 18. The traffic is already extreme with the number of gravel trucks in the
area turning onto Hwy 85. The acceleration lane helped a great deal but there has been nothing done to
CR18. Turning left onto Hwy 85 is a nightmare and very dangerous. The bridge on CR 25 is approximately
16 foot wide. There is not way to pull up to the stop sign at the bridge and have a truck enter. There is not
enough room. The bridge on CR 18 and CR 25 is dangerous and too small. The water issue has been
addressed and it being in writing form is beneficial. The dewatering has got to harm or dry out the wells in
the area. There are three wells located on his property. The water quality and the traffic are the major
concern. Mr. Eyrhart would like to see the hours of operation not be in the evening. Currently there is work
being done at the site. The noise and the air quality will diminish. The currently used road comes directly
towards the house and the dirt from the trucks is tremendous. The plan for reducing the speed limit should
be strongly considered on CR 25 and CR 18.
Michael Miller asked where Mr. Eyrhart's home was located. Mr. Eyrhart indicted he is adjacent to the area.
The mining operation is beginning closest to his home. The mining will move towards the southeast which
will be beneficial in maybe five years.
Bruce Fitzgerald asked for clarification with regard to the dirt blowing from the trucks. Mr. Eyrhart indicated
that a road is built on the western edge of the property going north and south. The roads in the area are
unsafe with the speed limit and the curves.
•
Cathy Clamp asked for clarification with regard to the misdirected traffic impact he is experiencing. Mr.
Eyrhart indicated that delivery semi trucks come to his home looking to deliver. His driveway is 1/4 mile long
and there is no place to turn around except for his back yard. This presents a danger for him and his
children.
The Chair closed public portion.
Don Carroll stated that the bridge on CR 25 is 24 feet and is a legal bridge. It should handle the traffic. The
pit to the north has been operating since the 70's. There have been numerous legal loads on the bridge.
John Folsom asked about the trucks turning onto CR 25 and whether there would be a problem. Mr.Carroll
indicated it was located north of CR 18 across the canal on CR 25.
Chris Gathman indicted language for the lighting. The language would consist of"Sources of light shall be
shielded so beams or rays of light will not shine directly onto adjacent properties. Neither the direct nor
reflected light from any light source may create a traffic hazard to operators of motor vehicles on public
streets." This would be Development Standard #28.
Bruce Fitzgerald asked about a possible motion to reduce speed on CR 18. Mr. Morrison indicated that the
Commissioners have the authority to post speeds. It can be included as a separate matter or
recommendation to be considered. It does not fit within this resolution.Mr. Fitzgerald asked how that would
be done? Mr. Morrison stated it can be included in the discussion on the decision or it can be included at
the end of the meeting under any other business. It is more to the point to put it in the discussion for the
permit but indicated that it is understood it is not part of the permit.
Cathy Clamp asked Mr.Carroll about the haul route and the left onto hwy 85 and whether the accel lane onto
northbound hwy 85 is adequate. Mr. Carroll stated this would be a CDOT call but a recommendation could
be made. Mr.Fitzgerald added that on north hwy 85 access plan there is an interchange on CR 18 proposed.
An overpass and exchange is planned.
James Rohn asked about the prairie dogs. Mr. Gathman stated that the Division of Wildlife did not express
any concerns. Mr. Morrison stated that there have been efforts to put them as threatened but it has not
succeeded..
Don Carroll indicated that the Hwy 85 Corridor plan indicates the eliminating curb cuts and deceleration lanes
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on CR 18.They are also working on light at CR 6 and Hwy 85. Ms. Clamp asked if there was any other haul
route to provide easier access to northbound traffic. Mr. Carroll stated that objective is to get it from the pit
entrance to a paved road to the nearest interstate area. 90% of the product is going to the Denver market.
James Rohn asked about the noxious weeds and what was done. Mr. Gathman indicated that they have
worked with Ron Broda on a plan and there is a condition that the applicant has to attempt to address the
conditions of the soil conservation district. The site was unproductive ground.
Michael Miller asked about work going on now. Chris Zadel, applicant, indicated that they have been
stripping top soil for personal use. They have also used some gravel for personal driveways.
Cathy Clamp asked to insert Prior to Scheduling the Board of County Commissioners Hearing: item 1C"The
applicant shall submit a water impact plan to the Weld County Department of Planning Services showing
the location of proposed monitoring wells and plans to mitigate." Mr. Miller asked Mr. Morrison if a water
impact plan has ever been requested before. Mr. Morrison stated that requirements have been made for
a monitoring plan that will address the impacts. The option of an agreement should be left so that a private
agreement can be established.
Michael Miller suggested the following language for 1C "The applicant shall either submit to the Weld
County Department of Planning Services a copy of an agreement with neighboring property owners
stipulating that monitoring wells will be installed and monitored and that potential impacts to adjacent wells
will be adequately mitigated or show evidence that an adequate attempt has been made to mitigate property
owners concerns in regards to well impacts."
Cathy Clamp moved to approve the above language. James Rohn seconded. Motion carried.
Michael Miller asked if the lighting is in the code. Mr. Morrison stated it was part of the code but not in that
section. The lightening would not be one of them. It would be better to place it into the permit itself.
Cathy Clamp moved to add Development Standard #28. Stephan Moray seconded. Motion carried.
Bruce Fitzgerald moved that Case USR-1394, be forwarded to the Board of County Commissioners along
with the Conditions of Approval and Development Standards with the Planning Commissions
recommendation of approval. Stephan Moray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Stephan Mokray, yes; Michael Miller, yes; Fred Walker, yes; Bruce Fitzgerald, yes; James
Rohn, yes; Bernie Ruesgen, yes; Cathy Clamp, yes. Motion carried unanimously.
Bruce Fitzgerald commented that the speed limit be reduced east of CR 25 towards hwy 85 to 25 mph.
Meeting adjourned at 3:35pm
Respectfully submitted
1/2iLi )9.
Voneen Macklin
Secretary
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