HomeMy WebLinkAbout20012866 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bryant Gimlin that the following resolution, along with the deletion of#3P, 3Q, 3T, 3U, 3V 3W,
inclusion of Road Improvements Agreement and an Archeological Study, be introduced for passage by
the Weld County Planning Commission. Be it resolved by the Weld County Planning Commissior)-_tJ1at
the application for:
FT1
Case Number: USR 1306
Applicant: Rocky Hoffschneider/Tom Sharkey —,
Platte Sand and Gravel, LLC
Address: 1300 Harlan Street, Lakewood, CO 80215
t J
Request: A Site Specific Development Plan and a Special Review Permit for
Mineral Resource Development facilities including a Concrete, Asphalt
and Pre-cast Batch Plant and Gravel Mining in the A(Agricultural)Zone
District
Legal Description: Pads of the SE4SE4 Section 23; Pads of the SE4NE4, SW4NE4,
SE4SW4, and SE4NW4 Section 26; Parts of the NE4NE4 and SE4NE4
Section 34 and parts of the NE4, NW4 and SE4SW4 Section
35,Township 4 North, Range 67 and parts of the E2 and E2W2 Section
2, Township 3 North Range 67 West of the 6th P.M., Weld County,
Colorado
Location: North of and adjacent to Weld County Road 36; approximately 2640 feet
South of WCR 44 and West of and adjacent to Weld County Road 23
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
agricultural uses to the east, north and south. The South Platte River is adjacent to
the property to the west. 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, Section 23-3-40.R and Section 23-3-
40.0 of the Weld County Code provides for Mineral Resource Development facilities
including a Concrete, Asphalt and Pre-cast Batch Plants and Gravel Mining as a Use
by Special Review in the A (Agricultural)Zone District.
4 EXHIBIT
2001-2866 “se#/3bb
Resolution USR-1306
Platte Sand &Gravel, LLC
Page 2
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 with scattered rural residences
in the general area.
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 surrounding land uses are primarily agriculture. There are rural residences in the
area. To the north is the Union Pacific railroad line, to the east is irrigated crop land;
to the south is river bottom land including riparian lands. The west is bordered by the
South Platte River, the land across the river is river bottom lands and some crop land.
There are five houses within five hundred (500)feet of the permit area, three are
owned by the land owners associated with this application. The remaining two are
located outside of the permit area. The Town of Milliken is immediately north of and
adjacent to the permit area, with the Town of Platteville southeast of the property. The
area to be mined is outside of the Urban Growth Boundary areas for both of these
municipalities. The Town of Platteville in a referral dated September 5, 2001 and
September 12, 2001 voted against this proposal as "the Board of Trustees feels that
this does not comply with [the] Comprehensive Plan. The Comprehensive Plan
designates land up to WCR 36 as Low Density, Low-Medium Density and High
Density residential areas." Weld County Planning Staff notes that this area is limited
by flood plain and may be unsuitable for residential development as outlined in
Section 22-5-50.A.2.a specific to open space, parks and recreation goals and policies.
In a referral received September 12, 2001, the Town of Milliken reviewed the request
and found no conflict with their interests. Planning Staff concurs 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.
e. Section 23-2-220.A.5 --The application complies with Section 23-5 of the Weld
County Code. The proposal is located within the Flood Hazard Overlay District area
as shown on FIRM Community Panel Map#080266-0750C 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 a limited amount of prime agricultural land. A majority of the property lies
within the one hundred (100)year flood plain that limits the agricultural productiveness
of the site. The area within the flood plain has historically been utilized as pasture
land.
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.
Resolution USR-1306
Platte Sand & Gravel, LLC
Page 3
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 Commissions recommendation for approval is conditional upon the following:
1. 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 30 days of approval by the Board of County
Commissioners. (Department of Planning Services)
2. Prior to scheduling a Board of County Commissioners hearing:
A. The applicant shall address the issue of the Bald Eagle roosting area(s)as addressed
in the referral dated February 7, 2001 by the Colorado Division of Wildlife. The
applicant shall address mitigation on site to protect this roost.
3. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) A minimum of ten (10)feet of clearance from any existing power line or future
power line shall be maintained at all times as outlined by State Statute and as
outlined in the referral from Excel Energy dated January 12, 2001. (Xcel
energy)
2) The location of the twenty-four(24) inch high pressure gas line and electric
transmission lines that transects the site. (Department of Planning Services,
Xcel Energy)
3) The location of any on-site signs. (Department of Planning Services)
4) The location of the Bald Eagle roost approximately 1/2 mile above the
confluence of the South Platte and St. Vrain Rivers shall be delineated on the
plat. Further, as recommended by the Division of Wildlife in their referral dated
September 10, 2001 a one eighth mile buffer around the periphery of this roost
shall be delineated on the plat. (Department of Planning Services, Division of
Wildlife)
B. The applicant shall remove and properly dispose all tires not being anchored for
erosion control and any other miscellaneous debris, i.e., appliances that exist on site.
The applicant shall provide written receipts and photographic evidence to both the
Weld County Departments of Planning Services and Public Health and Environment
that this item has been completed. (Department of Public Health and Environment,
Code Compliance)
C. An Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit shall be obtained
from the Air Pollution Control Division, Colorado Department of Public Health and
Environment for emissions from the mining operations. The site shall operate in
Resolution USR-1306
Platte Sand & Gravel, LLC
Page 4
accordance with all applicable rules and regulations of the Air Pollution Control
Division. (Department of Public Health and Environment)
D. If applicable, a CPDS Permit shall be obtained from the Water Quality Control Division
of the Colorado Department of Health for any proposed discharge into State
Waterways. Evidence of approval shall be submitted to the Weld County Department
of Planning Services. (Department of Public Health and Environment)
E. The Environmental Health Division of the Weld County Department of Public Health
and Environment was unable to locate a septic permit for the existing buildings
represented on the submitted plan. Any existing septic system(s) located within the
USR boundary that is not currently permitted through the Weld County Department of
Public Health and Environment will require and I.S.D.S. Evaluation prior to issuance of
the required septic permit(s). In the event the system(s) is found to be inadequate, the
system(s) must be brought into compliance with I.S.D.S. regulations. (Department of
Public Health and Environment)
F. The applicant shall provide evidence that the facility has an adequate water supply for
drinking and sanitary purposes. (Department of Public Health and Environment)
G. The applicant shall provide evidence 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 approval shall be submitted to the Weld County Department of Planning
Services. (Department of Public Health and Environment)
H. The applicant shall submit a waste handling plan, for approval, to the Environmental
Health Services Division of the Weld County Department of Public Health &
Environment. The plan shall include at a minimum, the following:
A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
A list of the type and volume of chemicals expected to be stored on site.
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)
In event the maintenance facility is equipped with a floor drain, the applicant must
apply for an Underground Injection Control (UIC) Class V Injection Well permit through
the Environmental Protection Agency (EPA), for the floor drain system that serves the
maintenance shop, or provide evidence that the applicant is not subject to the EPA
Class V requirements. (Department of Public Health and Environment)
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 0750 C, dated
September 28, 1982. (Dept. of Planning Services)
K. The applicant shall obtain a Flood Hazard Development Permit for any new structures
including parking areas. (Dept. of Planning Services)
Resolution USR-1306
Platte Sand & Gravel, LLC
Page 5
L. The designated haul route will impact both U.S. Highway 85 and State Highway 66;
therefore, the Colorado Department of Transportation (CDOT) shall review the traffic
impact study to determine any additional needs that may be required. The traffic study
identifies the need for a left turn bay on SH 66 for WCR 21 based on the existing traffic
level. (Dept. of Public Works)
Further, the port-of-entry weigh station is within the five-mile radius of the proposed
facility. CDOT may require additional permits as the main designated haul route
bypasses the port-of-entry. Evidence of CDOT approval shall be submitted to the Weld
County Department of Planning Services. (Dept. of Public Works)
M. The Weld County Public Works Department will require a Long Term Road Maintenance
and Improvements Agreement for the designated haul routes.
N. The applicant shall attempt to address the concerns of the Weld County Sheriffs Office
as outlined in their letter dated January 15, 2001. Evidence of Weld County Sheriff's
Office approval shall be submitted to the Weld County Department of Planning Services.
(Dept. of Planning Services)
O. The applicant shall submit evidence that a Plan is in place to eradicate the noxious
weeds (Leafy Spurge, Russian Knapweed, Diffuse Knapweed, Spotted Knapweed,
Canada Thistle, Musk Thistle, Scotch Thistle and Field Bindweed, etc.) and all other
noxious plants have been eradicated from the property. The applicant should contact
Ron Broda of the Department of Public Works to schedule a time to address this issue.
Evidence of Weld County Department of Public Works approval of an Eradication Plan
addressing the eradication of all on-site noxious weeds shall be submitted to the Weld
County Department of Planning Services. (Dept. of Planning Services)
P. The applicant shall attempt to address the issues and concerns of the Town of Platteville
as stated in their referral dated January 9, 2001. Evidence of approval shall be
submitted to the Weld County Department of Planning Services. (Dept. of Planning
Services)
Q. The applicant shall provide evidence from Union Pacific railroad that the activities
associated with mining will not impact the existing rail line that transects the northern
property. Further, the applicant shall provide evidence that Union Pacific railroad will
permit a spur rail line and loading yard to be constructed adjacent to the existing rail line.
Evidence of approval from Union Pacific shall be submitted to the Department of
Planning Services. (Dept. of Planning Services)
4. Prior to operation:
A. Proper building permits shall be obtained in accordance with the referral response from
the Weld County Building Inspection Department dated December 26, 2000, prior to any
construction, demolition, or excavation. Part of the permit application process includes a
complete plan review. (Dept. of Building Inspection)
B. Site drawings shall be submitted to the Platteville-Gilcrest Fire Protection District.
Evidence of attempt to comply with Fire District requirements shall be submitted to the
Weld County Department of Planning Services. (Dept. of Building Inspection)
C. The applicant shall provide evidence from the State of Colorado, Department of
Revenue, stipulating that they are in compliance with all State regulations specific to
weight restrictions on Colorado roadways. Evidence shall be submitted to the
Department of Planning Services. (Dept. of Planning Services)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Platte Sand & Gravel, LLC
do Rocky Hoffschneider
USR-1306
1. The Site Specific Development Plan and Special Use Permit is for Mineral Resource Development
facilities including a Concrete, Asphalt and Pre-cast Batch Plant 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. Platte Sand & Gravel, LLC and/or their successors shall be permitted to operate the Mineral
Resource Development facilities including a Concrete,Asphalt and Pre-cast Batch Plant and Gravel
Mining for a period not to exceed twenty (20) years for the mining of the site from the date of
approval by the Board of County Commissioners under this permit. (Department of Planning
Services)
4. 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)
5. No permanent disposal of wastes shall be permitted at this site. (Department of Public Health and
Environment)
6. 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)
7. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
8. The site shall operate in accordance with all applicable rules and regulations of the Air Pollution
Control Division. (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. Adequate hand washing and toilet facilities shall be provided for the employees and visitors.
(Department of Public Health and Environment)
11. The facility shall provide an adequate water supply for drinking and sanitary purposes.(Department
of Public Health and Environment)
12. In the event, the facility utilizes the existing office ranch complex for commercial purposes, the
septic system shall be reviewed by a Colorado Registered Professional Engineer. The review shall
consist of observation of the system and a technical review describing the systems ability to handle
the proposed hydraulic load. The review shall be submitted to the Environmental Health Services
Division of the Weld County Department of Public Health and Environment. In the event the system
is found to be inadequately sized or constructed the system shall be brought into compliance with
current Regulations. (Department of Public Health and Environment)
13. The facility shall operate in accordance with the approved dust abatement plan at all times. 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)
Resolution USR-1306
Platte Sand & Gravel, LLC
Page 6
D. The applicant shall submit evidence of an Archeological Study to the Department of
Planning Services for review and approval prior to operation
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)
Motion seconded by Stephan Mokray.
VOTE:
For Passage Against Passage
Bryant Gimlin Michael Miller
Stephan Mokray Fred Walker
John Folsom
Bruce Fitzgerald
The Chair declared the resolution failed to pass 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 October 2, 2001.
Dated the 2"' of October, 2001.
Voneen Macklin
Secretary
Resolution USR-1306
Platte Sand &Gravel, LLC
Page 2
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)
15. The operation shall comply with the Occupational Safety and Health Act(OSHA). (Department of
Public Health and Environment)
16. The site shall comply with the Mine Safety and Health Act (MSHA). (Department of Public Health
and Environment)
17. The operation shall comply with all applicable rule and regulations of the Colorado Division of
Minerals and Geology. (Department of Public Health and Environment)
18. Portable toilets 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)
19. In the event that five (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)
20. All operations on said described parcel shall be in conformance with the Weld County Flood
Regulations including:
a. No fill, berms,or stockpiles shall be placed in the one hundred (100)year flood plain of the
South Platte River which would obstruct passage of flood flows. (Dept. of Planning
Services)
b. 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. (Dept. of Public Health and Environment)
21. In accordance with the Above Ground Storage Tank Regulations (7CCr 1101-14) a spillage
retention berm shall be constructed around the tank battery. The volume retained by the spillage
berm should be greater that the volume of the largest tank inside the berm. Alternative protective
measures may be allowed provided they comply with the Above Ground Storage Tank Regulations.
22. 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 and Environment)
23. 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. (Dept. of
Planning Services)
24. "No Trespassing" signs shall be posted and maintained on the perimeter fence at all points of
ingress and egress to clearly identify the boundaries of the site. (Dept. of Planning Services)
25. 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. (Dept. of Planning Services)
Resolution USR-1306
Platte Sand & Gravel, LLC
Page 3
26. 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.
(Dept. of Planning Services)
27. Existing trees and ground cover along public road frontage and drainage ways shall be preserved,
maintained,and supplemented, if necessary,for the depth of the setback in order to protect against
and/or reduce noise, dust, and erosion. (Dept. of Planning Services)
28. Where topsoil is removed, sufficient arable soil shall be set aside for re-spreading over the
reclaimed areas. (Dept. of Planning Services)
29. Should noxious weeds exist on the property or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Section 15-1-180,Articles I and II. (Dept. of Public Works)
30. The plant material on site shall be maintained in accordance with the approved weed eradication
plan. (Dept. of Planning Services)
31. 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)
32. No mining shall occur during the months of November(14)through March (16)within the 1/8 mile
radius of the Bald Eagle roost as delineated in the referral from the Colorado Division of Wildlife
dated April 26, 2001. (Dept. of Planning Services, Colorado Division of Wildlife)
33. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
34. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
35. The property owner or operator shall be responsible for complying with the Open-mining Standards
of Section 23-4-250, Weld County Code.
36. Personnel from the Weld County Departments of Public Health and Environment, Department of
Public Works and Planning Services 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.
37. 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.
38. 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.
Luis Llerena indicated that the concerns were for engineers and it would be helpful to gain those answers in
order to make an informed decision. Mr. Thompson stated that they would provide the needed information
from the engineers if it was determined as a condition of standard. Mr. Miller encouraged the applicant to do
so.
Luis Llerena suggested that the proposed structure could be expandable for future needs. Mr. Thompson
stated that having two lines was not something that was foreseen at the time of the original. The safety of
having two lines instead of one large pole is economically better.
Fred Walker asked if the applicant had an engineer that could possibly ease the concerns of the structures.
There are outstanding questions that need to be addressed with regards to technical issues. Mr. Llerena
stated that the board does not want to assume anything with regards to technical information. Mr.Thompson
stated that the Public Utilities Board has approved this and there is a transmission engineer that could
possible shed light on this.
Mr. Bill Broshe provided clarification as to the purpose of the lines including the problems with liability and
maintenance. The triple circuit towers will increase the visual appearance as well as the lattice towers being
larger at the base. Mr. Folsom asked if there has ever been a configuration like this seen before. Mr. Broshe
stated he had never seen this before. Mr. Walker asked about the footprint and the size of the pole. Mr.
Broshe stated that it would be a minimum of 170 feet with the bases occupying approximately 40-50 feet.
Stephan Mokray recommended final approval for Case USR-1342 with the Conditions of Approval and
Development Standards. John Folsom 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; Bryant Gimlin, yes; Fred Walker, no; Luis Llerena,
no; Bruce Fitzgerald, yes. Motion carried.
Case Number: USR 1306
Planner: Kim Ogle
Applicant: Rocky Hoffschneider/Tom Sharkey
Platte Sand and Gravel, LLC
Address: 1300 Harlan Street, Lakewood, CO 80215
Request: A Site Specific Development Plan and a Special Review Permit for Mineral
Resource Development facilities including a Concrete,Asphalt and Pre-
cast Batch Plant and Gravel Mining in the A (Agricultural)Zone District
Legal Description: Parts of the SE4SE4 Section 23; Parts of the SE4NE4, SW4NE4,
SE4SW4, and SE4NW4 Section 26; Parts of the NE4NE4 and SE4NE4
Section 34 and parts of the NE4, NW4 and SE4SW4 Section 35,Township
4 North, Range 67 and parts of the E2 and E2W2 Section 2, Township 3
North Range 67 West of the 6th P.M., Weld County, Colorado
Location: North of and t t to Weld County Road 2640 feet
South of WCR 44 and West of and ad acent to Weld County Road 23
Kim Ogle, Department of Planning Services presented Case USR-1306,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.
Michael Miller asked about the haul route from the mine being WCR 36 to Hwy 85. Mr. Ogle stated the
proposed haul route will head south from the processing plant area to the intersection of WCR 23 and WCR
36. Traffic will head south approximately 1.5 miles to WCR 32.5,a paved two lane road. Traffic head west
on WCR 32.5 to WCR 21 and south to State Highway 66. Traffic will head west SH 66 to market. A second
alternative haul route is to head east on WCR 36 to SH 85 then proceeding north or south to market.
r
Frank Hempen stated that the Department of Public Works received a traffic study on September 24,2001 m
and have not had time to review and it does not indicate that the route will be that.
Tom Haren, provided information with regards to the new issues on the application. The new application W r.LJ Jet
TN t EtOCNid
V
will consist of wet and dry mine operations of 180 acres with a terrace deposit on approximately 1600 acres
of private land. The mine time frame has been reduced to 20 years and the reason for this is that most
comprehensive plans are done on that time frame. Mr.Haren went through a list of the agreements that are
in place and that have been completed between the two Planning Commission hearings. (June 5, 2001,
October 2, 2001) These agreements alleviate most of the conflicts that were addressed in the earlier
Planning Commission hearing. Mr. Haren stated that they have submitted the alternative route traffic study
to the Department of Public Works, however, in conversations Department of Public Works asked that no
review was to take place. The alternative route was only an option. Mr. Haren addressed the size of the
site in comparison with the surrounding area, including the location of the mine operation and the buffer on
the site to the surrounding areas. CTL, a GeoTechnical company, determined that 1600 acres could be
mined with 30% being gravel and 70% being sand. A portion of the SE4 SE4 of Section 26 was mined by
Weld County several years ago. Most mine operations are approved and located on the river areas. For
this operation the dry mining will occur with removal of the gravel on surface. The ferrace material will be
utilized for the internal roads and for the plant site. The wet operation will be done with a dredge. The
dredge will be assembled and placed into a man made hole with dewatering occurring for up to 60 days.
At the end of 60 days the pumps will be turned off and mining will commence. The progression of the mine
will be approximately 1000 square feet of resource a day. The application requests the allowance of
portable concrete and asphalt batch plant, concrete precast and concrete recycling. Mr. Haren further
discussed the importance of the site being all inclusive with the recycling. The reclamation will go on at the
same time as the mining with there being an open lake at the completion which is great for wildlife and open
areas. The applicant has agreed to grant the easements for a trail that will be built in the future by others.
The traffic issue is the haul routes for the trucks coming out of the plant. The desired route would be to head
south from the processing plant area to the intersection of WCR 23 and WCR 36. Traffic will head south
approximately 1.5 miles to WCR 32.5, a paved two lane road. Traffic will head west on WCR 32.5 to WCR
21 and south to SH 66. Traffic will head west on SH 66 to marked. A second alternative haul route is to
head east on WCR 46 to SH 85 then proceeding north or south to market. The alternative Traffic Study was
done because of the questions at the prior meeting. The reasons for this are to be viable for the 1-25
expansions and work on E470. There is a mining operation that is already using this haul route,
Odenbaugh. The traffic study was done for the desired route with the understanding that this would address
the comment from Public Works. The applicant determined a need to look at alternative routes based on
Planning Commission direction. Therefore the additional traffic study.The Port of Entry is managed by the
Department of Revenue and they require permits with the designated routes for each individual truck. These
trucks are required to stop at Port of Entry if they pass in route. The contract trucks will sign agreements
to follow rules of the designated truck routes and speed limits within the gravel mine operations. The
reasons for the original denial have been addressed and the agreements and submittal of the traffic study
demonstrated this.
Commissioner Miller asked about the haul route being used by the company or contract trucker, as the
revocable permits allow for only one route. Mr. Hares stated that they can only provide the information and
offer to pay for the mitigation while determining the best haul route. The mine can work via WCR 23 or
WCR 36 as the designated haul routes.
Commissioner Miller asked about concrete crushers, concrete precast plant and the request for this. Mr.
Haren stated that he would be willing to table the precast and the recycling plant due to the fact that there
was not enough information provided to address this issue.
Commissioner Walker had concerns about Division of Wildlife(DOW)conservation easement and location.
Another issue is the traffic concerns. Mr. Haren stated that they are is the standard buffer and setbacks of
400 feet from the exterior to the pit and also the area north of the pit will comprise the conservation area.
The applicant is discussing a larger area of conservation with DOW.
Commissioner Mokray asked for clarification on high pressure gas lines,sheriffs office referral,weed control
and Indian burial grounds. Mr. Haren stated the high pressure lines are located north of the site, further,
they have agreements with Xcel Energy; Sheriff Department; there is a memo stating they have no issues
with the mining operation itself, but have issues with compatibility with the surrounding residences; weed
control Gary Cole has been working with Ron Broda from Weld County Public Works since last spring in
developing a plan for weed control;Indian burial-site has been evaluated with the finding of these burial sites
typically along the river. They are not in the area of the proposed mining site. There is no top soil in the
mining area due to the fact that there was a sod farm on center pivot previously in the Sharkeys Lake area.
Commissioner Miller asked Don Carroll about the traffic study and the left turn bay on State Highway 66 to
WCR 21. Would CDOT be paying for this? Hwy 66 would benefit by having a left turn lane but there is not
enough Right-of-Way there. CDOT has no scheduled date to make any improvements on Hwy 66. The
opportunity of widening the road would be of difficulty. Mr. Hempen provided further clarification with
regards to a turn lane. CDOT has final say and can stated when it can be done. CDOT may not agree to
it no matter who is paying.
Fred Walker asked about the permit issue with the Port of Entry. Mr. Miller stated that each permit can
designate a haul route. The only way you can circumvent the five mile radius around the Port of Entry is if
you are hauling from loading point to a specified point not in the path. Mr. Gimlin stated that a revocable
permit is for local hauling.
Mr. Haren presented a draft for a Public Road Improvements Agreement to work out the details with Platte
Sand & Gravel, LLC, and the County for paying their proportionate share.
Stephan Mokray asked Frank Hempen at what point do we allow more traffic on the roads. Mr. Hempen
stated that according to the 1998 traffic counts on State Highway 66 the volume is 4500 vehicles per day
and the Colorado Department of Transportation generation documents state that the highway can
accommodate 7000-8000 vehicles per day. In Public Works opinion, more detailed information is needed
to be able to make an accurate assessment.
Mr. Miller, Chair, asked if there was anyone in the audience who wished to speak for or against this
application.
Mike Cowper,Mayor of Platteville,stated he is opposed to the application. The case is not part of Platteville
IGA, however, it is part of the area included in their Comprehensive Planning area. The Comprehensive
Plan designates land up to WCR 36 as Low Density, Low-Medium Density and High Density residential
areas. Platteville's predominate concerns are the traffic that would be generated and the movement of it.
Mr. Cowper is confused as to how much control the applicant has once truck traffic enters the State
Highway 66 corridor. Platteville does not have the funds to mitigate the problem of traffic. Platteville
depends on CDOT and Weld County for funding and assistance related to traffic circulation and
improvements. It is Mr. Cowper's understanding that the improvement plans by CDOT will be from WCR
19 west on State Highway 66.
Mr. Miller asked Mr. Cowper which route he would feel is less impacted to Platteville. Mr. Cowper prefers
Hwy 85 due to the fact that Hwy 85 is more capable of handling the traffic. Hwy 66 is less capable of
handling the additional traffic. There is not a month that a fatality does not occur along this stretch of
highway.
Bruce Rippe,the surrounding land owners representative stated they have concerns about the loss of quality
of rural life; increased physical health risks; the financial strain of disrupted farming activities and the
decrease in property values. There are additional concerns with the Development Standards not being
adequately addressed. The original recommendation for denial was based on the following: pre-cast
concrete plants, not applicable; not compatible to existing land uses; not compatible to future land
developments;the Development Standards and Conditions of Approval did not adequately address public
health, safety and welfare; therefore, an incomplete application. The pre-cast concrete request is still not
an industrial activity. This request does not fall under Weld County Code as an allowable use in this
particular district. The asphalt and concrete recycling is not outlined in the Weld County Code and therefore
is not permitted in the Agricultural Zone District. The incompatibility with the existing land uses is evident
in that the code requires that the applicant promote a "reasonable and orderly" development of mineral
resources. Mr Rippe notes that Mr.Cowper stated opposition from Platteville via their Comprehensive Plan.
The truck traffic generated with this mining operation and the existing operations would place 1000 truck
trips per day on Hwy 66 using the applicant's numbers.
Mike Ptasnik, addressed some of the issues with land use. The land historically was a farm and ranch
operation. The land has a great amount of water associated with it, for example, there are 24 shares of
Western Mutual Ditch, 7 shares of Hughes Cook and eight irrigation wells on the property. The water has
historically been used to irrigate 400 acres of land. The neighbors feel this is an agricultural piece of ground
and would like to see it stay that way. The ground has historically grown corn,vegetables, hay pasture. In
some instances native grasses grow. According to Platte Valley Soil Conservation District, this ground
meets the definition for prime agricultural land on approximately 65 acres.
Mr Rippe, addressed the issue of compatibility. This was specifically expressed by the Platteville Mayor.
The Development Standards and Conditions of Approval were not adequate for the protection of the
inhabitants of the neighborhood and county according to the first vote for denial. This applicant has no prior
business experience therefore they have no proven track record to abide by those conditions. With this
information the surrounding neighbors ask that additional conditions be added to ensure their safety.
Examples dealing with school bus routes, noise, dust, odor/pollution and traffic. In closing the last reason
for denial is the incompleteness of the original application. This new application is still not complete.
According to the prior meeting it was asked for an outline in detail of a phasing of the mining operation,the
new application still states one phase. Finally, the lack of benefit to the neighborhood has not been
addressed. There has been additional language added to the application, including public and private
recreation and that was it. The haul route is the largest concern,we were unaware that there were possible
alternative routes.
Mr.Odenbaugh,addressed the issues in the traffic study. The original application had 11 items for review.
The primary revision was a reduction in size to 180 acres and limit it to 20 years. The substantial change
is with traffic and production rates. The traffic impact study numbers are incorrect in that the number of
trucks used to haul the loads are figured too low. Colorado division of Transportation (CDOT) needs to
comment on the additional traffic routes and the intersections that they use. There would be substantial
increases in traffic on the affected county roads given the proposed haul routes. The traffic study does not
take into consideration local deliveries. The application could request an amendment to the proposal due
to the fact that they cannot mine the said amount with the said number of trucks in the time frame provided.
Nancy Fisher, handed out several exhibits with regards to historical concerns, including historic sites that
may be present on this site. These sites consist of Woolly Mamooth sites at the Dent Site and known
archeological sites including Fort St. Vrain. Mrs. Fisher opposes any of the amendments, revision and
changes. She does not believe that the reduction is in good faith. Mrs. Fisher read a letter regarding the
Historical Society concerns regarding the archeological and historically issues associated with the site. This
letter was requesting an archeological study that includes a ground penetration radar study. Mrs. Fisher
wanted the addition of conditions that address paving of all roads around the site that are used by the
applicant at the applicant's expense.
Mr.Miller asked Mrs. Fisher her experience with burial site investigation. Mrs Fisher stated she did her own
research based on the guidance of others. She went to the different historic societies and local libraries to
gain the information about the sites and what would need to be done.
Frank Stewart, stated his opposition and requests a denial because disturbing of grave sites is against the
law,and the dredge depletes the land resources completely. Mr.Stewart spoke with American Indian Affairs
Committee stating that they would like to talk with Planning Commission to do what is needed to protect
those burial sites. Mr. Stewart would like to know if Weld County would be responsible for the reclamation
of the property should this company leave the area.
Chair closed the public portion of the meeting.
Mr. Walker asked Mr. Haren to responded to the public concern about the shrinking of the time frame but
not the production of the operations. Mr. Haren stated that the application submitted included the limited
amount of equipment to mine at a slower pace. Mr. Haren made the suggestion to the applicant based on
the time frame of most comprehensive plans. There was no way of accounting for the truck traffic exactly
the numbers are an estimation based on the study and planned production rates. Mr.Walker asked about
the size of dredge. Mr. Haren stated that the mine is planning on using a 14-16"dredge this was based on
the engineers request associated with the operation and the length of time for the mine.
Bryant Gimlin asked two questions,first,why such a large permit boundary area and small gravel mine with
the concerns being the size of the equipment,and second, given the haul route and traffic impact,what are
the needs based on the size of the operation. Mr. Haren addressed the permit area first. Staff has required
the permit boundary to include all of the property contained under a single ownership
w ersh i ,not just the affected ad
area of the mining operation. The Development Standards and the State app g permit
for a set area of open mining operation. The mining will move to the west northwest of the ranch
headquarters and only a certain amount of acreage at a time. Mr. Haren would like to table the issue of the
pre-cast plant. Mr. Haren stated that the State permits allows for 800 acres to be mined but it cannot be
mined without Weld County approval. Mr.Gimlin stated that the increase in traffic cannot be blamed on just
the gravel mines there has been in increase in population but there is no need to add to the problem. Mr.
Gimlin suggested the haul route be from WCR 36 to Hwy 85.
Bruce Fitzgerald asked how you would know if there were any archeological burial sites. Mr Haren stated
that they had hired and archeological expert to do the work. There would be a surface evaluation by a
professional geologist and archeologist. According to the State, if the applicant finds any evidence of a
historic site or elements consistent with historic ruins, including bones, the mine operator must stop
operations immediately, then contact the Weld County Sheriff to determine the validity of finding.
Fred Walker asked Frank Hempen what the recommendations are for the haul route. Mr. Hempen stated
there was not enough time to review the study adequately. Mr. Hempen was not able to review the study
with enough time to make a precise decision as well as an opinion Mr. Haren reiterated that the alternative
traffic study was provided to Public Works and that the alternative route was based on the comments given
at the June 5, 2001 meeting with the Planning commission requesting alternatives.
Fred Walker asked Public Works their opinion on the first traffic study. Mr. Hempen stated that there were
several improvements that needed to be made with all the affected WCRs. Mr. Walker asked if all the
improvements were made, does Public Works think that the safety would be adequately addressed. Mr.
Hempen stated the geometric concerns at the three intersection would be adequate along with the
improvements to the existing roads. Mr. Miller stated that there was no way that this route can be used due
to the fact that it will be trying to circumvent the Port of Entry.
Mr.Haren stated he was in disagreement regarding the referral from Public Works. Items 3.T, 3.U,and 3.V
should be deleted and the language "having a completed, approved and signed Road Improvements
Agreement, " prior to recording plat be added to each statement.
Bryant Gimlin motioned to delete #3.T, 3.0 and
3.V
with
the a
Fredion of o Walker language su sating ng ng a Road
Improvements Agreement will be completed, approved signed.
n.
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; Bryant Gimlin, yes; Fred Walker, yes; Bruce
Fitzgerald, yes. Motion carried unanimously.
Bryant Gimlin motioned to delete #3.P, 3.O and with
hi the
heda Fdition of language d Walker seconding the a Road
Improvements Agreement will be completed, approved 9
n.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Bruce
Folsom, yes; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes; Fred Walker, yes;
Fitzgerald, yes. Motion carried unanimously.
Kim Ogle, stated that the applicant has asked to withdraw the precast batch plant from the application. Mr
Miller acknowledged the withdrawal of the precast concrete batch plant. Mr. Ogle stated, given that the
applicant has withdrawn this item, he is aware and acknowledges that he is not allowed to propose the
addition of this item at the Board of County Commissioners hearing on October 10, 2001.
Mr. Miller stated he has issues with legal issues pertaining to the southern haul route. Mr. Miller feels that
WCR 36 to Hwy 85 would be a more viable route. WCR 36 will need to be paved up to County standards.
TTOther here'also needs u to bearConditionl evaluation of the property for burial sits to of Approval addressing the arrcheolog cal determine the viability.
evaluation.
The chair asked for language from Planning Staff. Mr. Ogle stated that the applicant shall submit evidence
of an Archeological Study to the Department of Planning Services for review and approval prior to operation.
This item should be identified as Item 4.D.
Mr Gimlin moved that the addition of language in#4 D to state"prior to operation the applicant shall submit
an Archeological Study to the Department of Planning Services for review and approval". Stephan Mokray
seconded the motion.
Mr.Walker stated he thinks that the Historical Society wants this done(an Archeological Study)and he does
not feel that the applicant should bear that additional burden.
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; Bryant Gimlin, yes; Fred Walker, no; Bruce
Fitzgerald, yes. Motion carried unanimously.
Mr Fitzgerald moved to have the haul route be WCR 36 to State Highway 85. Stephan Mokray seconded
the motion.
Mr. Walker wanted to hear from Public Works before making a final judgement on the haul route.
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; Bryant Gimlin, yes; Fred Walker, no; Bruce
Fitzgerald, yes. Motion carried
Bryant Gimlin moved that Case USR-1306,be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards as amended with the Planning Commissions
recommendation of approval. Stephan Mokray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, no; Stephan Mokray, yes; Michael Miller, no with comment, Mr Miller stated he does not feel that
the plan is significantly different. The change in acreage is a veiled attempt and it is not compatible with the
surrounding use as well as protection of the neighborhoods health,safety and welfare.; Bryant Gimlin,yes;
Fred Walker, no,with comment Mr.Walker stated he favors a continuance of the application;Luis Llerena,
abstained; Bruce Fitzgerald, no with comment, Mr Fitzgerald believes that the traffic would be greatly
affected. Motion failed.
Meeting adjourned at 8:00 pm
Respectfully submitted
Voneen Macklin
Secretary
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