HomeMy WebLinkAbout20012906.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bryant Gimlin along with the corrections in item#2a and b, new language in Condition of
Approval#2A, deletion of#3C, new language#3J, K, L and O and #4A, 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 : AmUSR-921
Applicant: Asphalt Paving Company(Perry Pit)
Request: A Site Specific Development Plan and a Special Review Permit for an Open Pit Gravel
Mining Operation and Asphalt Batch Plant in the A(Agricultural)Zone District
Legal Part of the Northeast Quarter, Section 25, Township 1 North, Range 67 West of
Description: the 6th P.M.,Weld County, Colorado
Location: South of and adjacent to Weld County Road 6 and east of and adjacent to Wattenberg,
Colorado
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 Department of Planning Services' staff 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 existing 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
existing Asphalt Batch Plant will allow for the processing of extracted mineral resources.
Section 22-5-80.D.2.e (CM. Policy 4.5)requires"that batch plants and processing
equipment be buffered from adjacent uses." The applicant shall install berms, fencing
and landscaping along adjacent public rights-of-way of the site to provide buffering from
existing uses and adjacent property owners.
B. Section 23-2-220.A.2 --The existing use is consistent with the intent of the A
(Agricultural)Zone District. Section 23-3-40.A. of the Weld County Code designates
Open Pit Mining and Materials Processing as well as Asphalt and Concrete Batch Plants
as a Use by Special Review in the A(Agricultural)Zone District in accordance with
Article II, Division 4 of the Weld County Code.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the
existing surrounding land uses. Surrounding property uses include to the north;
pasture and rural residences, to the south; pasture and mining operations (USR-727
Gartrell Enterprises, USR-1350 Aggregate Industries), to the east;the South Platte river
& Highway 85, and to the west, the unincorporated Town of Wattenberg, Colorado.
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, as well as the adopted Master Plans
EXHIBIT
2001-2906
Amuseatgai
RESOLUTION, AmUSR-921
Asphalt Paving (Perry Pit)
Page 2
of affected municipalities.
E. Section 23-2-220.A.5--The application complies with Chapter 23, Article V of the Weld
County Code. Section 22-5-80.E.1.d (CM. Policy 5.4)states"The operation should
comply with County flood hazard and geological hazard regulations."The proposed use
lies within a designated Flood Hazard Area as delineated on FIRM Panel Map#0983C,
dated September 28, 1982. The site obtained Flood Hazard Development Permit 173 on
April 16, 1991.
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. Section 22-2-60
(A. Goal 1)of the Weld County Code states"Preserve prime farmland for agricultural
purposes which foster the economic health and continuance of agriculture." The site is
identified primarily as"Other" land by the USDA"Farmlands of National Importance"
Map dated 1979.
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.
H. Chapter 23, Article IV, Division 4—Additional requirements for Open Mining and Batch
Plant Operations have been addressed through this application and the Development
Standards will ensure compliance with the provisions of Article IV, Division 4 of the 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 plat. The completed plat shall be
delivered to the Department of Planning Services and be ready for recording in the Weld County
Clerk and Recorder's Office within 60 days of approval by the Board of County Commissioners.
(Dept. of Planning Services)
2. Prior to scheduling the Board of County Commissioners Hearing:
A. The applicant has submitted a Traffic Study to the Weld County Department of Public
Works for review and approval. The Department of Public Works in the referral dated
August 2, 2001 requested additional information. Evidence of Public Works approval
shall be submitted to the Weld County Department of Planning Services. (Dept. of
Planning Services)
B. The applicant shall submit to the Weld County Department of Planning Services a copy
of an agreement with the site's mineral owners stipulating that the oil and gas activities
have adequately been incorporated into the design of the site or show evidence that
adequate attempts have been made to mitigate the concerns of the mineral owners.
(Dept. of Planning Services)
RESOLUTION,AmUSR-921
RESOLUTION, AmUSR-921
Asphalt Paving (Perry Pit)
Page 3
3. Prior to recording the Plat:
A. The applicant shall attempt to address the requirements and concerns (wetland
mitigation and preservation, proposed extraction schedule, reclamation, ground water
monitoring and endangered species identification)of the Colorado Division of Wildlife,
as stated in the referral response received July 11, 2001. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Dept. of
Planning Services, Colorado Division of Wildlife)
B. Storm water drainage shall be controlled on site by routing to the pit floors. The applicant
has indicated that the storm water drainage will be directed to discharge points on the
South Platte River. All discharge points, and the appropriate routing to the South Platte
River shall be delineated on the plat and permitted by the State of Colorado. As
applicable, this portion of the permit falls under the jurisdiction of the State of Colorado
as it discharges into waters of the United States. (Dept. of Public Works)
C. Weld County Road 6 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 6 shall be delineated on the plat as right-of-way reservation for future expansion of
Weld County Road 6. Setbacks to Mining Operations are measured from future right-to-
way line plus the standard setback of 20 feet in the A(Agricultural)Zone District to the
edge of the gravel pit berm which is considered a structure. The extension of Caroline
Avenue is paved and Weld County Road 4.4 remains a local gravel road. These roads
are maintained by Weld County.
D. The applicant shall submit an updated Landscape and Buffer Plan to the Weld County
Department of Planning Services for review and approval. The Plan shall address
buffering the impact of the proposed use to adjacent property owners and
public rights of way. (Dept. of Planning Services)
E. The applicant shall amend the existing dust abatement plan for the modification in
the operation to the Environmental Health Services, Weld County Department of
Public Health & Environment. Evidence of such shall be submitted to the Weld
County Department of Planning Services. (Dept. of Public Health & Environment)
F. The applicant shall amend the existing Emission Permit for the modification in the
operation if the Colorado Department of Public Health and Environment determines
that such a modification represents a significant change in emissions or production.
Evidence of such shall be submitted to the Weld County Department of Planning
Services. (Dept. of Public Health & Environment)
G. The existing CPDS Permit must be amended for the increased operation if the Water
Quality Control Division of the Colorado Department of Public Health & Environment
determines that such a modification represents a significant change in the discharge.
Evidence of such shall be submitted to the Weld County Department of Planning
Services. (Dept. of Public Health & 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. Evidence of such shall be submitted to the Weld County Department of
RESOLUTION, AmUSR-921
Asphalt Paving (Perry Pit)
Page 4
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).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed (including the
facility name, address, and phone number). (Dept. of Public Health &
Environment)
The applicant shall provide evidence that the facility has an adequate water supply
(i.e. bottled, well or community water system). (Dept. of Public Health &
Environment)
J. The applicant shall submit an updated plan for monitoring groundwater wells to address
water quantity issues to the Weld County Department of Public Health and Environment.
(Dept. of Public Health & Environment)
K. The applicant shall submit documentation indicating if surveys will be required
concerning protected or endangered species (i.e. Preble's Jumping Mouse and Ute
Ladies' Tresses Orchid). If a survey is required, the survey will be conducted and
the results submitted to the appropriate agencies and the Department of Planning
Services. Should protected or endangered species be located on the site, the
applicant shall incorporate mitigation techniques approved by the U.S. Department
of the Interior, Fish and Wildlife Services. (Dept. of Planning Services)
L. The applicant shall provide written evidence of the Division of Water Resources
approval of the Temporary Water Supply Plan (TSSP) for this site. (Dept. of
Planning Services, Colorado Division of Water Resources)
M. The applicant shall address the requirements of the Colorado Division of Water
Resources as discussed in their referral response dated July 31, 2001. Evidence
of such shall be submitted in writing to the Weld County Department of Planning
Services. (Dept. of Planning Services)
N. The applicant shall attempt to address the requirements of the Greater Brighton
Fire Protection District. Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services. Site drawings shall be submitted to the
Greater Brighton Fire Protection District for review. (Dept. of Planning Services,
Dept. of Building Inspection)
4. Prior to Commencing Operations:
A. The upgrade and paving and any additional intersection improvements associated with
the heavy hauling that may be identified in the requested information shall be completed
and approved by the Department of Public Works. (Dept. of Public Works)
B. The off street parking spaces at the main office/scale house parking lot, including the
existing access drive shall be surfaced with asphalt, concrete or equivalent and shall be
graded to prevent drainage problems. (Dept. of Public Works)
RESOLUTION, AmUSR-921
Asphalt Paving (Perry Pit)
Page 5
C. Appropriate building permits shall be obtained,for any new structures, prior to
any construction, demolition, or excavation. Part of the permit application
process includes a complete plan review. (Dept. of Planning Services, Dept. of
Building Inspection)
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. (Dept. of Planning Services)
Motion seconded by Stephan Mokray.
VOTE:
For Passage Against Passage
Michael Miller
Bryant Gimlin
Cristie Nicklas
Fred Walker
Stephan Mokray
John Folsom
Lous Llerena
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 September 4, 2001.
Dated the 4th day of September , 2001.
Voneen Macklin
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Asphalt Paving Company(Perry Pit)
AmUSR-921
1. A Site Specific Development Plan and Special Use Permit for an Open Pit Gravel Mining Operation
and Asphalt Batch Plant,in the A(Agricultural)Zone District as indicated in the application materials
on file with the Department of Planning Services and subject to the Development Standards stated
herein. (Dept. 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. (Dept. of Planning Services)
3. 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.
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 Planning Services)
4. 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)
5. The property shall be maintained in compliance with the plan regarding ground water
monitoring wells, which has been approved by the Weld County Department of Public
Health and Environment. (Dept. of Public Health & Environment)
6. The facility shall operate in accordance with the approved dust control plan. The facility shall have
sufficient equipment available to implement appropriate dust control.Additional control measures
shall be implemented as required by the Weld County Health Officer. (Dept. of Public Health &
Environment)
7. 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. (Dept. of Public Health & Environment)
8. 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. (Dept. of Public Health & Environment)
9. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions. (Dept. of Public Health &
Environment)
10. Fugitive dust shall be controlled on this site. (Dept. of Public Health & Environment)
11. This facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial
Zone as delineated in 25-12-103 C.R.S. (Dept. of Public Health & Environment)
RESOLUTION,AmUSR-921
Asphalt Paving (Perry Pit)
Page 2
12. The applicant shall remove,handle,and stockpile overburden,soil,sand and gravel from the facility
area in a manner that will prevent nuisance conditions. (Dept. of Public Health & Environment)
13. If applicable, the applicant shall obtain a storm-water discharge permit from the Colorado
Department of Public Health & Environment, Water Quality Control Division. (Dept. of Public
Health & Environment)
14. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Minerals and Geology. (Dept. of Public Health & Environment)
15. 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. (Dept. of Public Health & Environment)
16. Adequate hand washing and toilet facilities shall be provided for employees and visitors to
the facility. (Dept. of Public Health & Environment)
17. The applicant shall have an adequate water supply for drinking and sanitation purposes.
(Dept. of Public Health & Environment)
18. The operation shall comply with the Occupational Safety and Health Act(OSHA). (Dept. of
Public Health & Environment)
19. The operation shall comply with the Mine Safety and Health Act(MSHA). (Dept. of Public
Health & Environment)
20. Portable toilets may be utilized on sites that are temporary locations of the working face and
portable processing equipment, etc., for up to six months at each location. (Dept. of Public
Health & Environment)
21. Any vehicle washing area(s)shall capture all effluent and prevent discharges from 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. (Dept. of Public Health &
Environment)
22. Any berm placed in the one hundred(100)year flood plain of the SouthPlatte River cannot obstruct
passage of flood flows. The applicant shall use breaks in the berm with landscaping to fill the void,
culverts, or some other method that will allow water to flow freely. (Dept. of Planning Services)
23. "No Trespassing"signs shall be posted and maintained on the perimeter fence to clearly identify the
boundaries of the site. (Dept. of Planning Services)
24. 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)
25. The off street parking spaces at the main office/scale house parking lot, including the existing
access drive shall be surfaced with asphalt, concrete or equivalent and shall be graded to prevent
drainage problems. (Dept. of Public Works)
RESOLUTION, AmUSR-921
Asphalt Paving (Perry Pit)
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 daylight except in the case of public or private emergency,
or to make necessary repairs to equipment. This restriction shall not apply to operation of
administrative and executive offices or repair facilities located on the property. Hours of operation
may be extended with specific permission from the Weld County Board of County
Commissioners. (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 respreading 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 Chapter 15, Articles I and II of the Weld County Code. (Dept. of Public Works)
30. 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. (U.S. Army Corp of Engineers)
23. In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special Review
has not commenced from the date of approval or is discontinued for a period of t h r e e ( 3 )
consecutive years, it shall be presumed inactive. The county shall initiate an administrative hearing
to consider whether to grant an extension of time to commence the use or revoke the Use by
Special Review. If the Use by Special Review is revoked, it shall be necessary to follow the
procedures and requirements of Division 4 of the Weld County Code in order to reestablish any Use
by Special Review. (Department of Planning Services)
32. The sand and gravel operation shall comply with operation policies identified in Section 23-
4 -290 of the Weld County Code.
33. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240 of the Weld County Code.
34. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 of the Weld County Code.
35. Personnel from the Weld County Departments of Public Health and Environment 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.
RESOLUTION, AmUSR-921
Asphalt Paving (Perry Pit)
Page 4
36. 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.
37. 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.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Daryll Propp, property owner, stated that property tax issues were the reason for doing this development.
Pam Barthel, accepted the proposal as it stood and was thankful for the decrease in density.
Jerry Belga, had a few concerns with the subsidence issue. Mr. Belga leased to property for a number of
years and filled sinkholes in places where there were no mines. Mr. Miller asked if the sinkholes needed
repeated fillings. Mr. Belga stated he had done it a couple of times several years ago.
Julie Chester suggested that they put the additional language that deals with future buyers and the hazards
possible be located on the plat(item#4 T)stating"for more information regarding the geological Hazards on
this property owners or other interested parties should refer to Case Z-543 located at the Clerk to the Board
office." Additional language will be placed at item #5C that states that language will be placed in the
covenants indicating the Case number and location of the original case file.
Bryant Gimlin motioned for the deletion of Condition of Approval 3A 5-7. Stephan Mokray seconded the
motion. The motion carried unanimously.
Stephan Mokray moved that Case Z-543, be forwarded to the Board of County Commissioners after
September 19, 2001 along with the Conditions of Approval and Development Standards with the Planning
Commissions recommendation of approval. Cathy Clamp 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;Cathy Clamp,yes. Motion carried
unanimously.
CASE NUMBER: AmUSR-921
APPLICANT: Asphalt Paving Company(Perry Pit)
PLANNER: Robert Anderson
REQUEST: A Site Specific Development Plan and a Special Review Permit
for an Open Pit Gravel Mining Operation and Asphalt Batch Plant,
in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Part of the NE4, Section 25, T1 N, R67W & Part of the NW4,
Section 25, T1 N, R66W of the 6th P.M., Weld County, Colorado.
LOCATION: South of&adjacent to WCR 6, east of&adjacent to Wattenberg,
1/2 mile west of US 85.
Robert Anderson, Department of Planning Services presented Case AmUSR-921, 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.
Cathy Clamp asked for some clarification with regards to the original permit and the details of the amendment.
Mr. Anderson showed (overhead transparencies)that the original permit was for two unlined ponds and the
new area (additional ten (10) acres) is for a larger storage reservoir.
John Folsom asked about the monitoring wells and if they would address quality and water table level. Mr. �+
Anderson stated that they currently only address water quantity or levels and not quality.
Alex Schatz, Banks&Gesso, gave a brief overview of the site. Mr. Schatz suggested that the reason for the
Amendment was to mine the additional ten (10) acres, change the reclaimed use from two unlined ponds
to a large water storage reservoir. Mr. Schatz stated that there are were no major changes in the site, and I ci
added that there would be no real change in number of employees or equipment.The proposed change from K
wet to dry mining is to facilitate the end use of water storage. W g
ttouncotwavoied
Michael Miller asked for clarification on the location of the Lupton Bottom Ditch. Mr. Schatz stated that the
ditch will run through the property and have a meter on the inlet and on the outlet there would be a pump to
regulated at the same intake rate.
John Folsom asked about the wet process of the mining and the potential problems of changing it to a dry
mine and its effect on the water table and surrounding property owners. Mr. Schatz stated that the DMG
permit addresses all of these issues and mandates mitigation. The installation of a slurry wall should preclude
any groundwater issues.
Jeff Keller, ome Ditch Company. Mr.ed s clarification Kel ar pro to going
ttom
vided the nformationfr h e with
slurry wall and how the monitoring wells were
i cwee
going to work.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Gwenn Stever, has concerns about the traffic and the speed of the trucks through Wattenburg.
Pete Sandoval, has concerns about the noise levels and hours of operation. Mr. Miller stated that in Weld
County the standard hours of operation for production were from daylight to dark with only maintenance and
office work allowed after dark.
Michael Miller closed the public portion of the hearing.
Lee Morrison asked for clarification in regards to the change. Mr Anderson provided that the proposal
consisted of three main areas of change: 1. Type of mining - from dry to wet to facilitate reservoir
construction; 2. The mining of an additional 10 acres between the two ponds; 3. Reclamation plan-which
shifts from two ponds to a single larger storage reservoir. Some of the incorporated language needs to be
clarified.
John Folsom moved to make language changes in 3a and 3b and to eliminate the word proposed in 2a and
change the name of the Fire Protection District in 3o. Bryant Gimlin seconded the motion. The motion carried
unanimously.
Alex Schatz,stated his concerns regarding several of the Development Standards and Conditions of Approval,
specifically 2a,3c and 4a being unnecessary because they are not increasing traffic or the number of trucks.
Don Carroll stated that some changes that were required have been made at the intersection of WCR 6 and
Hwy 85 consisting of a right turn lane. Mr. Carroll stated he is in agreement with the existing Improvements
Agreement since the improvements have been made at the intersection. Diane Houghtaling stated that she
would accept trip tickets to provide the additional information in order that the applicant not modify the
previously submitted Traffic Study.
Mr. Keller provided further information with regards to the traffic study and the fact it was a combination of
companies that estimated the number of truck trips on WCR 6. The information that was provided to the
Planning Commission was a projection of the total trips per day that this specific development will incur and
may have been inflated. Mr. Kellar further addressed some of the issues (Hours of Operations, Speeding
Truck, Haul Route) brought up by the public. Mr. Miller reiterated that the operations are limited to
maintenance and administrative after dark.
Alex Schatz had further concerns with Conditions of Approval 3J consisting of the water supply. Mr. Schatz
stated that this operation is already in existence and it seems to work well at this point. The life of the mine
is expected to be less than 10 yrs. The site has been using bottled water. Char Davis commented that when
people are working there should be an adequate source of water. Mr. Schatz had issues with the monitoring
wells and there is an existing program in place. Mr. Miller stated that in issues like this it will change the
ground water and all that is being asked is to further submit the existing information. Mr.Anderson stated that
this condition was in place to reaffirm what is already in place and to maintain the information. Mr.Schatz had
further issues with Condition of Approval 3L stating that Department of the Interior had to Review their
DMG/State permit and the County's request was redundant. Rather than a specific letter from the Department
of the Interior to the County, Mr Schatz inquired as to the suitability of a some type of affirmation from the
Federal Government as to endangered species. Mr. Anderson advised that this is a standard condition of
approval that is typically included at the request of the Colorado Division of Wildlife but would consider a
suitable substitution indicating compliance with Federal guidelines .
Michael Miller asked Lee Morrison if this condition was something that was and is required of all applicants
and how the County deals with the possible elimination of it. Mr. Morrison stated that because the location
of the gravel pits is next to the river and waters of the United States this was the basis for this request . Mr.
Morrison that the Planning Commission is not precluded from modifying the condition to rely on a consultant
letter. Mr. Miller asked Mr. Schatz if he was proposing submitting a letter from a consultant stating whether
it was a habitat or not. Mr.Schatz responded that some documentation would be submitted stating there was
no habitat.
Robed Anderson suggested the following changes in language to address the changes in 3L to read that the
applicant shall submit"documentation" and "delete letter from Dept of Fish and Wildlife".
Alex Schatz final issue is with 4B consisting of parking lot paving. Mr.Carroll stated that they realize that this
is an existing situation but Public Works would like to see a paved area from the office to the County Road
so that the truck coming from the site will not carry dust onto the Public Right-of-Way.
Mr. Kellar stated that they would accommodate the request to pave the area for parking and onto the County
road.
Mr.Anderson suggested the removal of the last portion of the second sentence on 2A and the deletion of 3C
is satisfactory. Mr.Anderson further suggested changing the wording in 4A to reflect additional information
along with the addition of Bottled Water in 3J.
Cathy Clamp moved to approve the above mentioned changes, (2A, 3C, 3J, 3L, 4A) in the Conditions of
Approval. Bryant Gimlin seconded the motion. The motion carried unanimously.
Bryant Gimlin moved that Case Am USR 921,along with the corrections to Conditions of Approval 2A, 3C, 3J,
3L, and 4A, 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 Mokray
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; Cathy Clamp, yes; . Motion
carried unanimously
CASE NUMBER: USR-1353
APPLICANT: HS Gathering, LLC
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and a Special Review Permit for
an Oil and Gas Support and Service Facility. (Natural Gas
Compressor Station with Associated Inlet and Outlet Pipelines)in
the A(Agricultural)Zone District
LEGAL DESCRIPTION: NE NW NW and part SE NW NW of Section 14, T2, R66W of the
6th P.M., Weld County, Colorado
LOCATION: South of & adjacent to WCR 22; approximately 700 feet east of
WCR 31
Chris Gatham, Department of Planning Services presented Case USR- 1353, 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.
Cathy Clamp asked about USR 1291 and what the scope of the two will be. Mr. Gatham stated that USR-
1291 under construction and they have issued early release of building permits but not sure if they are in full
operation yet.
Joe Ventola, gave a brief overview of the project and some clarification to the full USR details.
Hello