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Home My WebLink About20242999.tiffBefore the Weld County, Colorado, Planning Commission Resolution of Recommendation to the Board of County Commissioners Moved by Cindy Beemer, 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: Applicant: Planner: Request: Legal Description: Location: USR24-0016 R24-0016 Sunset Industrial, LLC Diana Aungst A Site Specific Development Plan and Use by Special Review Permit for Open Mining (sand and gravel) and processing of minerals, including the import and export of materials to/from other sites, recycle crushing area, dry and wet screens, crushers, conveyors and stacker, portable generators, mobile mining equipment parking and storage, employee and vendor parking, a mine office/scale house, and scale, in the 1-3 (Heavy Industrial) Zone District. Lot 1 of Resubdivision, RES24-0001; being part of the W1/2 of Section 3, Township 5 North. Range 65 West of the 6th P.M., Weld County, Colorado. North of and adjacent to East 8th Street; approximately 670 feet east of Cherry Avenue. 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 ordinance in effect. Section 22-2-60.8 states, "Support responsible energy and mineral development." Sunset Industrial Pit is a mining operation for sand and gravel in the 1-3 (Heavy Industrial) Zone District. The State of Colorado Division of Reclamation, Mining, and Safety (DRMS) is reviewing this mining operation under permit #M2023-001. The 85.14 acres that compose the Sunset Industrial Pit will be mined over twelve (12) years in two (2) phases. Phase one (1) is a majority of the site, about fifty-three (53) acres and phase 2 is about eighteen (18) acres. Reclamation will progress concurrently with the mining activity as each phase is completed. Annual production is expected to be 650,000 tons per year depending on market demands. Jurisdictional wetlands were not found on the site per the jurisdictional determination provide by the U.S Army Corps of Engineers Approved Jurisdictional Determination - Corps File No. NWO- 2022-01381, dated October 28, 2022. Section 22-2-60.8.2. states, "Ensure that infrastructure, such as adequate roads and utilities. exists or can be made available prior to development of energy and mineral resource production facilities." The site is located north of and adjacent to E 8th Street and is west of and adjacent to the Greeley - Weld County Airport. The Cache la Poudre River is approximately seven hundred (700) feet to the south, south of E 8th Street and the Federal Emergency Management Agency (FEMA) floodplain maps show that the southern half of the site is in the 100 -year floodplain. The ingress and egress for the aggregate processing facility is located on E 8th Street. The traffic on the site includes passenger cars and pickups, tandem trucks, semi -truck and trailers, and mechanical trucks, and fuel trucks. On any given day the passenger cars and pickups will make of twenty (20) trips, the tandem trucks will make fifty (50) trips, the semi -trucks and trailers will make two hundred (200) trips. and the mechanical trucks and fuel trucks will make five (5) trips. The aggregate material will be recovered using equipment typical for sand and gravel mining operations which includes, but is not limited to, screens, crushers, conveyors, stackers, dozers, Resolution USR24-0016 Sunset Industrial, LLC Page 2 loaders, scrapers, excavators, compactors, dewatenng pumps, electrical trailer, generator trailer, and small portable generators During mining and reclamation activities, watering dust abatement will consist of utilizing a water truck with water provided from the dewatenng of the pit No explosives or blasting is required The County recognizes that mineral resource extraction is an essential industry The ,availability and cost of materials such as sand and gravel, have an effect on the successfulness of general construction and County road and regional highway construction industries Section 22-2-60 B 3 states, 'Require that energy and mineral resource development conserve the land and minimize the impact on surrounding land and the existing surrounding land uses " Excavation and processing of sand and gravel will be a minimum of (10) feet from the boundary of adjacent properties, easements, irrigation ditches, and rights -of -way, and a minimum of one hundred twenty-five (125) feet from any existing residence The closest residence is approximately two hundred (200) feet south of the south property line An opaque screening plan along the southern property line is a Condition of Approval The structures and infrastructure surrounding the site include sanitary sewer line, water line, fence, fiber line, roadway, budge/ditch, structure, power poles and lines, building, lift station, telephone lines, and oil/gas equipment primarily along the south and west property lines The setback from the south will be twenty-eight (28) feet and the setback from west will be thirty-one (31) feet The setback from the lift station will be forty (40) feet According to the Weld County Sand and Gravel Resources map dated July 1, 1975, the property is classified as Terrace -Stream deposits which are older stream deposits now preserved as benches flanking present stream courses Smaller less district terraces are included with valley - fill deposits These deposits contain significant silt, clay, incompetent rock and/or calcium carbonate Topsoil will be placed to finalize the grading such that seeding can occur The topsoil will be placed at all disturbed areas and on the mining slope to an elevation matching the expected reservoir water level Reclamation will progress concurrently with the mining activity as each phase is completed Upon completion of mining, the site will be reclaimed as two (2) lined water storage reservoirs B Section 23-2-220 A 2 - The proposed use is consistent with the intent of the 1-3 (Heavy Industrial) Zone District The use is consistent with the intent of the district in which the site is located The subject property is zoned 1-3 (Heavy Industrial) The proposed project is a listed as an aggregate mine, permitted in the 1-3 (Heavy Industrial) Zone District as detailed in this Use by Special Review permit application, and in the Weld County Code Weld County Code, Chapter 23, Article Ill, Division 4, Section 23-3-330 A states, "The purpose of the 1-3 (Heavy Industrial) Zone District is to provide a zone to accommodate industrial uses that require larger amounts of space, are more resource -intensive than light industrial, and have limited public access Properties zoned 1-3 (Heavy Industrial) Zone District should be located near transportation infrastructure such as highways, railroads, or airports " Section 23-3-330 F 7 of the Weld County Code provides a Site Specific Development Plan and Use by Special Review Permit for open mining and processing of minerals The setbacks from the north and east property lines will be eleven (11) feet Section 23-4-290 A states that the setback shall be ten (10) or greater feet from property lines and at least one hundred twenty-five (125) feet to any existing residence unless the owners of the adjacent property consents in writing to a lesser distance The closest residence is approximately two hundred (200) feet south Resolution USR24-0016 Sunset Industnal, LLC Page 3 of the south property line According to the Oil and Gas Energy Department referral dated July 16, 2024 there are two (2) plugged and abandoned (PA) wells Extraction owns well Fairmeadows #11-3 (05-123-13585) and Kerr McGee Oil & Gas Onshore owns well Fairmeadows #12-3 (05-123-13058) These oil and gas wells will be removed from the site prior to mining operations There will be portable toilets on the site and the night watchman's/caretaker residence is served by a septic system Bottled water will be used for employees use C Section 23-2-220 A 3 -- The uses which will be permitted will be compatible with the existing surrounding land uses The surrounding parcels are zoned 1-3 (Heavy Industrial) to the south and 1-3 (Heavy Industrial) and A (Agricultural) to west, the Greeley -Weld County Airport is adjacent to the site on the north and east boundaries The Airport is zone Industrial Medium Intensity (I -M) and the properties to the south are also zoned Industrial Medium Intensity all according to the City of Greeley's zoning map There is a five (5) acre lot zoned 1-3 (Heavy Industrial) in Weld County Land uses surrounding the subject property include the Greeley -Weld County Airport on the adjacent lands to the north and east, pasture and two (2) rural residences with some outbuildings south (on the south side of E 8th Street), and vacant land to the west Besides the airport the other industrial uses in the vicinity include Bliss Business and Industrial Park to the southeast of the site and Andersen's Sales and Salvage to the southwest of the site There are twenty-four (24) USRs issued in the A (Agricultural) Zone District within one mile of the site USR18-0070 for an accessory building, USR-1726 for an accessory parking and home business, USR-1097 for an art gallery, USR-981 for an electrical transmission lines 115 kV, SUP - 434 for farm equipment sales and repair, SUP-345AM for gravel mining, USR-834 for a home business, USR17-0066 for two (2) home businesses, USR-1760, USR14-0023, 2MUSR16-85-690, and 2MJUSR19-08-1660 for mineral resource development facilities USR-1089, USR-623, USR- 679, USR-717 for oil and gas production facilities, USR-646 for oil drilling, USR-755 for plastic products manufacturing, USR-503 for sales of cemetery monuments, 1 MJUSR23-22-0027 for a solar energy facility, USR21-0007 for a solar facility, USR-964 for storage of vehicles, USR-1106 for trash business trucks and containers, USR15-0009 for a trucking company and storage, and USR-926 for RV storage There are six (6) Site Plan Reviews (SPRs) within one (1) mile of the site These SPRs are located on properties zoned commercial or industrial These SPRs include 1AMSPR19-14-0007 Kinsey Trucking Company, 1AMSPR24-85-48 Buckeye Welding, SPR16-0010 Hill Industries, SPR-439 Basic Energy Service, SPR20-0012 Derr Brothers Grading Inc, and SPR-232 for the manufacturing of feed boxes The Weld County Department of Planning Services sent notice to eighty (80) Surrounding Property Owners The Department of Planning Services received one (1) letter of concern which outlines concerns about increased traffic on E 8th Street, noise from generators and crushers and screeners, air pollution, and the possibility of the residential wells going dry The applicant was provided the letter from the SPO and submitted a response dated October 23, 2024 The applicant has submitted a Reclamation Plan and a Communication Plan The Conditions of Approval require a Screening Plan and road improvements to E 8th Street as stated by the City of Greeley and intersection improvements as required by CDOT (at the State Highway 85 intersection) to ensure safety to the travelling public Development Standards for dust, light, and wildlife mitigation per the FAA are also included The proposed use is in an area that can support this development and the Development Standards and the Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region Resolution USR24-0016 Sunset Industrial, LLC Page 4 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 site is located within the three (3) mile referral area of Towns of Kersey and Garden City and the Cities of Evans and Greeley The Towns of Kersey and Garden City did not respond with referral agency comments The City of Evans submitted referral agency comments dated July 30, 2024 stating no concerns The City of Greeley submitted referral agency comments dated August 7, 2024 that request a haul route, a Public Space permit, a complete Transportation Base Assumptions form, and a Roadway Maintenance Agreement The City also had questions about how the slurry walls and the dewatenng would affect the Ogilvy Ditch and included information about a nature trail that is proposed to travel north/south through the subject site A traffic impact study (TIS) was submitted on October 11, 2024 and responses to the City's concerns was submitted on October 28, 3035 The applicant changed the location of the access point in response to the City's comments and there in an ongoing conversation between the City and the application concerning road improvements including speed limits The site is located within the Coordinated Planning Agreement Area (CPA) for the City of Evans and the Town of Kersey The City of Evans and the Town of Kersey submitted Notice of Inquiry forms that state that they have no interest in annexation The land use designation as indicated in the City of Greeley's Imagine Greeley, Comprehensive Plan dated, February 6, 2018, is shown as Employment, Industrial, and Commercial and Greeley - Weld Airport Chapter 4, the Growth Framework portion of Imagine Greeley defines Employment, Industrial, and Commercial as areas with a range of densities and dedicated to industrial, manufacturing, office parks, research & development, distribution, and logistics centers The other land use designation is the Greeley -Weld Airport which is a general aviation airport jointly owned by the City of Greeley and Weld County The airport area includes daily operations for the airport, a restaurant, and a mix of industrial uses One unique use of the area is the Greeley Air National Guard Base where over three hundred (300) military and civilian personnel are stationed Employment area street patterns vary by location and E 8th Street and Fern Avenue provide access to the airport and these two (2) roads carry a high volume of vehicles, including oversized trucks E Section 23-2-220 A 5 - The application complies with Chapter 23, Articles V and XI, of, the Weld County Code The site is located within the A -P (Airport) Overlay District, Special Flood Hazard Area, and Historic Townsite Overlay Districts The site is not located within Geologic Hazard Overlay District, MS4 - Municipal Separate Storm Sewer System area The Greeley -Weld County Airport submitted referral agency comments dated August 8, 2024, which included several conditions The Airport is concerned about the vertical height of improvements on the site, dust emissions and light pollution that may interfere with pilot visibility, and wildlife hazards for pilots and aircraft The airport is requesting an aeronautical study for all vertical improvements, stnct compliance with the dust control plan, and shielded for lighting for night operations The referral stated that the wildlife that will be attracted to the water storage, post reclamation, will be hazardous to aircraft The Airport is requiring wildlife mitigating measures that may include wires surrounding the water, regular harassment, or other methods as determined by a professional wildlife biologist Finally, the Airport has also indicated that they have concerns about traffic on E 8th Street The Greeley -Weld County Airport is in the process of becoming a commercial airport and has applied to obtain Part 139 certification The Federal Aviation Administration (FAA), submitted referral agency comments dated November 1, 2024 that stated that the proximity of the gravel pit should not prohibit the airport from obtaining their Part 139 certification and that a wildlife hazard management plan should be developed Specifically, the FAA stated that ponds that result from Resolution USR24-0016 Sunset Industrial, LLC Page 5 mining activities often attract large numbers of potentially hazardous wildlife Development of new open water facilities within 10,000 feet of an airport should be avoided to prevent wildlife attractants If the water features are necessary, the gravel pit company should develop a wildlife hazard management plan, in coordination with the airport, to ensure a safe airport environment The FAA recommends these plans be developed in consultation with a Qualified Airport Wildlife Biologist, to minimize hazardous wildlife attractants The USDA APHIS Wildlife Services has qualified Airport Wildlife Biologists that might be able to help assist the gravel pit in developing the plan The Cache la Poudre River is approximately seven hundred (700) feet to the south, south of E 8th Street and the Federal Emergency Management Agency's (FEMA's) floodplain maps show that the southern half of the site is in the 100 -year floodplain A Floodplain Development Permit is required to be submitted and approved prior to operation Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program, County Facility Fee and Drainage Impact Fee Programs F Section 23-2-220 A 6 - If the use is proposed to be located in the A (Agricultural) Zone District, the applicant has demonstrated a diligent effort has been made to conserve Prime Farmland in the locational decision for the proposed use The proposed site is located twenty-five (25) acres of Aquolls and Aquents soils, nineteen (19) acres of Ellicott -Ellicott (0-3%) soils, two (2) acres of Dacono clay loam (0-1%), and forty-nine (49) acres of Ustic Tornorthents (moderately steep) The subject property is not zoned A (Agricultural) therefore conservation of Prime Farmland is not a requirement, however, there is no Prime Farmland soils designated on this site G Section 23-2-220 A 7 - There is adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23- 2-250, and 23-4-290, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County This proposal has been reviewed by the appropriate referral agencies and it has been determined that the attached conditions of approval and development standards ensure that there are adequate provisions for the protection of the health, safety and welfare of the inhabitants of the neighborhood and county and will address and mitigate impacts on the surrounding area with the operation of open mining (sand, gravel, stone, and overburden) and processing of minerals This recommendation IS based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities The Planning Commission recommendation for approval is conditional upon the following 1 Prior to recording the map A A Final Traffic Impact Study is required (Development Review) B The applicant shall acknowledge the requirements of the Federal Aviation Administration, as stated in their referral dated November 1, 2024 Written evidence of such shall be submitted to the Weld County Department of Planning Services (Department of Planning Services) C The applicant shall acknowledge the requirements of the Greeley -Weld County Airport, as stated in their referral dated August 8, 2024 Written evidence of such shall be submitted to the Weld County Department of Planning Services (Department of Planning Services) Resolution USR24-0016 Sunset Industrial, LLC Page 6 D The applicant shall acknowledge the recommendations of the Weld County Oil and Gas Energy Department, as stated in their referral dated July 17, 2024 Written evidence of such shall be submitted to the Weld County Department of Planning Services (Department of Planning Services) E The applicant shall address the requirements of the State of Colorado, Division of Water Resources, as stated in their referral dated October 25, 2024 Written evidence of such shall be submitted to the Weld County Department of Planning Services (Department of Planning Services) F The applicant shall address the requirements of the Weld County Office of Emergency Management, as stated in their referral dated July 11, 2024 Written evidence of such shall be submitted to the Weld County Department of Planning Services (Department of Planning Services) G The applicant shall address the requirements of the Colorado Department of Transportation, as stated in their referral dated August 12, 2024 Written evidence of such shall be submitted to the Weld County Department of Planning Services (Department of Planning Services) H The applicant shall attempt to address the requirements of the City of Greeley, as stated in their referral dated August 7, 2024 Written evidence of such shall be submitted to the Weld County Department of Planning Services (Department of Planning Services) The applicant shall provide the City of Greeley access permit to E 8th Street, as applicable (Department of Planning Services) J A Lighting Plan shall be submitted for nighttime operations, as applicable, to the Department of Planning Services (Department of Planning Services) K The map shall be amended to delineate the following All sheets of the map shall be labeled USR24-0016 (Department of Planning Services) 2 The attached Development Standards (Department of Planning Services) 3 The map shall be prepared in accordance with Section 23-2-260 D of the Weld County Code (Department of Planning Services) 4 The applicant shall delineate on the map the trash collection areas Section 23-2-240 A 13 of the Weld County Code addresses the issue of trash collection areas (Department of Planning Services) 5 The map shall delineate the onsite lighting for night-time operations in accordance with the approved Lighting Plan, if applicable (Department of Planning Services) 6 All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code (Department of Planning Services) 7 The map shall delineate the parking area for the mine vehicles, mine equipment, vendors, and employees (Department of Planning Services) 8 Show and label all recorded easements by book and page number or reception number and date (Department of Planning Services) 9 A Landscape and Screening Plan shall be submitted to and approved by the Department of Planning Services that screens the site from the Surrounding Property Owners and rights -of - way (Department of Planning Services) Resolution USR24-0016 Sunset Industnal, LLC Page 7 10 Show and label the entrance gate if applicable An access approach that is gated shall be designed so that the longest vehicle (including traders) using the access can completely clear the traveled way when the gate is closed In no event, shall the distance from the gate to the edge of the traveled surface be less than thirty-five (35) feet (Department of Planning Services) 11 Show and label all recorded easements and rights -of -way by book and page number or reception number and date (Department of Planning Services) 12 Show the Colorado Department of Transportation (CDOT) right-of-way for E 8th Street/State Highway 263 on the map along with the documents creating the right-of-way (Development Review) 13 Show and label the approved access location onto E 8th Street/State Highway 263 Include the access permit number (Development Review) 14 This portion of E 8th Street/State Highway 263 is under the jurisdiction of the City of Greeley Please contact the municipality to verify the right-of-way Show and label the right-of-way Show the approved access(es) on the site plan and label with the approved access permit number if applicable (Development Review) 15 Show and label the drainage flow arrows (Development Review) 16 Show the floodplain and floodway boundaries on the map Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study (Development Review - Floodplain) 2 Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy ( pdf) of the map for preliminary approval to the Weld County Department of Planning Services Upon approval of the map the applicant shall submit a paper map along with all other documentation required as Conditions of Approval The paper map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services The map shall be prepared in accordance with the requirements of Section 23-2-260 D of the Weld County Code The Paper map and additional requirements shall be submitted within one hundred twenty (120) 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) 3 In accordance with Appendix 5-J, Weld County Code Ordinance, should the map not be recorded within the specified timeline from the date of the Board of County Commissioners Resolution, a $50 00 continuance fee shall be added for each additional three (3) month period (Department of Planning Services) 4 Prior to Construction A A Weld County Grading Permit shall be acquired if an acre of more is to be disturbed (Development Review) B A Floodplain Hazard Development Permit is required for this project (Department of Planning Services - Floodplain) 5 Prior to Operation - Mining A If required, the applicant shall develop an Emergency Response Plan with the Office of Emergency Management and the Fire District The plan shall be reviewed on an annual basis by the Facility operator, the Fire District and the Weld County Office of Emergency Management Submit evidence of acceptance to the Department of Planning Services (Department of Planning Services) B The applicant shall submit written evidence that the Financial and Performance warranty has been Resolution USR24-0016 Sunset Industrial, LLC Page 8 submitted and accepted by the Division of Mining Reclamation and Safety (Department of Planning Services) C The operator shall furnish evidence that they are insured to the extent of not less than one hundred thousand dollars ($100,000 00) against liability for any negligent act or omission by the operator from the operation or maintenance of the sand and gravel pit and the extraction and production of sand and gravel and all activities connected with or incidental thereto (Department of Planning Services) D The applicant shall provide a Spill Prevention Control and Countermeasure plan (SPCC) (Department of Planning Services) 6 Prior to exposing groundwater - Mining A The operator shall submit the approved water court approved plan for augmentation or a SWSP approved by this office (Division of Water Resources) 7 The Use by Special Review is not perfected until the Conditions of Approval are completed and the map is recorded Activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement Motion seconded by Barney Hammond VOTE For Passage Butch White Michael Wades Michael Pal¢zi Barney Hammond Michael Biwer Cindy Beemer Against Passage Absent Pamela Edens Virginia Guderjahn 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 Commissioners for further proceedings Certification of Copy I, Knstine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on November 5, 2024 Dated the 5. of November, 2024 Kristine Ranslem Secretary Resolution USR24-0016 Sunset Industrial, LLC Page 9 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPM ENT STANDARDS Sunset Industrial, LLC USR24-0016 Site Specific Development Plan and Use by Special Review, USR24-0016, for Open Mining (sand and gravel) and processing of minerals, including the import and export of materials to/from other sites, recycle crushing area, dry and wet screens, crushers, conveyors and stacker, portable generators, mobile mining equipment parking and storage, employee and vendor parking, a mine office/scale house, and scale, in the 1-3 (Heavy Industrial) Zone District, subject to the Development Standards stated hereon (Department of Planning Services) 2 Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code (Department of Planning Services) 3 The mine shall remain in compliance with the County Open Mining requirements per Chapter 23, Article IV, Division 4 of the Weld County Code, as amended, including Operations policies and Reclamation policies (Department of Planning Services) 4 The mine shall remain in compliance with the approved Division of Reclamation, Mining, and Safety 112c Permit number M2023-001 (Department of Planning Services) 5 The applicant shall maintain strict compliance with the requirements as specified by the Greeley -Weld County Airport, as stated in their referral dated August 8, 2024 (Department of Planning Services) 6 Dust and lighting is a hazard to aircraft and pilots therefore strict adherence to the dust control plan is required Any lighting will be shielded to prevent any light contamination Unshielded lighting right along the approach and departure path of the airport could affect pilot's night vision and ability to safely operate the aircraft (Department of Planning Services) 7 The applicant shall maintain strict compliance with the requirements of the Federal Aviation Administration, as stated in their referral dated November 1, 2024 (Department of Planning Services) 8 The applicant shall create and adhere to a wildlife hazard management plan prior to the final reclamation as water storage areas (ponds) (Department of Planning Services) 9 All permitted operations shall be conducted during the hours of daylight, except in the case of a declared emergency disaster by the Board of County Commissioners When the permitted operations are occurring at night, they will only occur when material is requested by cities, counties, or CDOT, for night projects Operations will be considered "night operations" when they take place between the hours of one (1) hour after sundown to one (1) hour before sunrise Depending on the request of the jurisdiction, night operations could occur seven (7) days per week When the applicant becomes aware of projects that require night operations, they will email the Weld County Planning Director about the plans to operate outside of daylight hours, who the project is for, how long it will be occurring, and where the materials are being delivered (Department of Planning Services) 10 The number of on -site employees shall be up to sixty (60), as stated in the application (Department of Planning Services) 11 The parking area for mine equipment, vendors and employees on the site shall be maintained (Department of Planning Services) 12 All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code (Department of Planning Services) Resolution USR24-0016 Sunset Industnal, LLC Page 10 13 Lighting shall be maintained in accordance with the approved Lighting Plan, as applicable (Department of Planning Services) 14 Revisions as approved by the Colorado Division of Reclamation, Mining and Safety, may, as determined by Weld County staff, require an amendment to this USR permit (Department of Planning Services) 15 The property owner or operator shall maintain compliance with the accepted Communications Plan (Department of Planning Services) 16 The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code (Development Review) 17 The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking (Development Review) 18 The historical flow patterns and runoff amounts on the site will be maintained (Development Review) 19 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) 20 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) 21 Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code (Department of Public Health and Environment) 22 Fugitive dust should attempt to be confined on the property Uses on the property shall comply with the Colorado Air Quality Commission's air quality regulations The facility shall be operated in accordance with the accepted "dust abatement plan", at all times (Department of Public Health and Environment) 23 The operation shall submit an Air Pollution Emission Notice (A P E N) and Emissions Permit Application and obtain permits from the Air Pollution Control Division, Colorado Department of Public Health, and Environment, as applicable (Department of Public Health and Environment) 24 The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in 25-12-103 C R S The facility shall operate in accordance with the accepted noise modeling report (Department of Public Health and Environment) 25 The operation shall remove, handle, and stockpile overburden, sand, soil, and gravel from the facility area in a manner that prevents nuisance conditions (Department of Public Health and Environment) 26 Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times Portable toilets and bottled water are acceptable Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers, contain hand sanitizers, and be screened from existing adjacent residential properties and public rights -of -way (Department of Public Health and Environment) 27 Any On -Site Wastewater Treatment System located on the property must comply with all provisions of the Weld County Code, pertaining to On -Site Wastewater Treatment Systems (Department of Public Health and Environment) Resolution USR24-0016 Sunset Industrial, LLC Page 11 28 Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency (Department of Public Health and Environment) 29 A Colorado Discharge Permit System (CDPS) from the Colorado Department of Public Health and Environment (CDPH&E), Water Quality Control Division, shall be obtained as applicable (Department of Public Health and Environment) 30 The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations, as applicable (Department of Public Health and Environment) 31 A current PE certified and signed copy Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times (Department of Public Health and Environment) 32 All chemicals must be handled in a safe manner in accordance with product labeling All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations (Department of Public Health and Environment) 33 The facility shall be operated in a manner to prevent odors Odors detected off site shall not equal or exceed the level of fifteen -to -one dilution threshold, as measured pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations Additional controls shall be implemented at the request of the Weld County Department of Public Health and Environment in the event odor levels detected off site of the facility meet or exceed the level of fifteen -to -one dilution threshold, or in the judgment of the Weld County Health -Officer, there exists an odor condition requiring abatement (Department of Public Health and Environment) 34 The operation shall comply with all applicable rules and regulations of the Colorado Division of Reclamation Mining and Safety (Department of Public Health and Environment) 35 The operation shall comply with the Mine Safety and Health Act (MSHA) (Department of Public Health and Environment) 36 The facility shall notify the County of any revocation and/or suspension of any State issued permit (Department of Public Health and Environment) 37 The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code (Department of Public Health and Environment) 38 A Flood Hazard Development Permit is required for all construction or development occurring in the floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Map #08123C -1541F and 1542F, revised November 30, 2023, (Cache la Poudre River) Any development shall comply with all applicable Weld County requirements, Colorado Water Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65 The FEMA definition of development is any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and materials (Development Review - Floodplain) 39 FEMA's floodplain boundaries may be updated at any time by FEMA Prior to the start of any development activities, the owner should contact Weld County to determine if the floodplain boundaries have been modified (Development Review - Floodplain) 40 The Property Owner shall comply with all requirements provided in the issued Flood Hazard Development Permit (Development Review — Floodplain) Resolution USR24-0016 Sunset Industrial, LLC Page 12 41 Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in accordance with the map Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets No colored lights may be used which may be confused with, or construed as, traffic control devices (Department of Planning Services) 42 Budding permits may be required for any new construction, set up of manufactured structures, or change of use of existing buildings per Section 29-3-10 of the Weld County Code Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application Currently the following has been adopted by Weld County 2018 International Building Codes, 2018 International Energy Code, 2023 National Electrical Code, and Chapter 29 of the Weld County Code A Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review A Geotechnical Engineering Report, performed by a Colorado registered engineer, shall be required or an Open Hole Inspection A building permit must be issued prior to the start of construction (Department of Building Inspection) 43 Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs (Department of Planning Services) 44 The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code (Department of Planning Services) 45 All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended (Department of Planning Services) 46 Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment 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 Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations (Department of Planning Services) 47 The Use by 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 (Department of Planning Services) 48 Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within three (3) years from the date of Board of County Commissioners signed Resolution, unless otherwise specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall be vacated 49 This Use by Special Review shall terminate when the use is discontinued for a period of three (3) consecutive years, the use of the land changes or the time period established by the Board of County Commissioners through the approval process expires The landowner may notify the Department of Planning Services of a termination of the use, or Planning Services staff may observe that the use has been terminated When either the Department of Planning Services is notified by the landowner, or when the Department of Planning Services observes that the use may have been terminated, the Planner shall send certified written notice to the landowner asking that the landowner request to vacate the Use by Special Review Permit Summary of the Weld County Planning Commission Meeting Tuesday, November 5, 2024 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair Butch White, at 1:30 p.m. Roll Call. Present: Butch White, Michael Wailes, Michael Palizzi, Barney Hammond, Michael Biwer, Cindy Beemer. Absent: Pamela Edens, Virginia Guderjahn. Also Present: Diana Aungst and Molly Wright, Department of Planning Services, Lauren Light, Department of Health, Karin McDougal, County Attorney, and Kris Ranslem, Secretary. Case Number: Applicant: Planner: Request: Legal Description: Location: USR24-0016 Sunset Industrial, LLC Diana Aungst A Site Specific Development Plan and Use by Special Review Permit for Open Mining (sand and gravel) and processing of minerals, including the import and export of materials to/from other sites, recycle crushing area, dry and wet screens, crushers, conveyors and stacker, portable generators, mobile mining equipment parking and storage, employee and vendor parking, a mine office/scale house, and scale, in the 1-3 (Heavy Industrial) Zone District. Lot 1 of Resubdivision, RES24-0001; being part of the W1/2 of Section 3, Township 5 North. Range 65 West of the 6th P.M.. Weld County. Colorado. North of and adjacent to East 8th Street; approximately 670 feet east of Cherry Avenue. Diana Aungst, Planning Services, presented Case USR24-0016, reading the recommendation and comments into the record. Ms. Aungst stated that that one (1) letter was received from a surrounding property owner outlining concerns of increased traffic, noise, air pollution and the possibility of residential wells going dry. The Department of Planning Services recommends approval of this application along with conditions of approval and development standards. Commissioner Hammond asked if they will be required to have acceleration/deceleration (acel/decel) lanes included in the Improvements Agreement. Ms. Aungst said that the applicant has been working very diligently with the City of Greeley and added that Greeley has expressed concerns about the proposed traffic. Ms. Aungst said that she has not seen a request for accel/decel lanes but perhaps the applicant can shed more light on that. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control, and the Waste Handling Plan. Ms. Light provided a brief summary of the noise modeling report and added that the worst case predicted sound levels meet the Weld County industrial limit and the residential limit is not met at all points in the USR boundary but it is met at the closest homes. Ms. Light said that an Air Emissions Permit will be required and a Spill Prevention Control and Countermeasure Plan will be provided on site. JC York, J&T Consulting, 305 Denver Avenue, Ft. Lupton, Colorado, stated that he is representing Sunset Industrial. Mr. York stated that they received the DRMS approval in April of 2023. He added that Phase 2 of the site will be located on the northern portion of the site, which is closest to the airport. Mr. York said that 8th street will be used to go east/west to deliver products. A Traffic Study and site distance evaluation has been completed. He added that pit traffic will not require any additional lanes and the site distance is acceptable for the types of vehicles. They worked with Greeley on the siting of the access and added that they did propose showing a left turn lane, but they are waiting for comments back from Greeley regarding that proposal. 1 Mr York stated that opaque fencing will be along the southern property and added that this will also help with the noise attenuation Mr York said that they have installed five (5) monitoring wells along the perimeter of the property and it shows that there is no impact to the surrounding wells Commissioner Hammond referred to the plugged and abandoned wells and asked if the Stated provided any comments Mr York said that there have been no comments received The Chair asked if there was anyone in the audience who wished to speak for or against this application Michael Bliss, 2438 East 8w Street, Greeley, Colorado, stated that Bliss Produce is directly south of this protect and expressed concern regarding the traffic on East 8. Street He said that adding 200 trucks without auxiliary lanes or reducing the speed limit is concerning Mr Bliss said that they are also concerned with their water well and asked if this could be monitored as well He added that they use that well for the landscape for the rental housing Mr Bliss stated that he is also concerned with the noise and air pollution Mr York said that they can certainly monitor Mr Bliss's well He added that they won't be dewatenng this pit Mr York said that they did request a speed reduction to the City of Greeley on 8. Street, however, they replied that it is not something that they would support at this time With regard to noise, they are installing an opaque screen so that should help He added that because they are located in the floodplain, they are limited to what they can do for screening Commissioner Hammond asked how long at night will they work Mr York said they work only during daytime hours unless there is an emergency from the City of Greeley or Weld County He added that they would have to get approval from the Department of Planning Services prior to doing that The Chair asked the applicant if they have read through the Development Standards and Conditions of Approval and if they are in agreement with those The applicant replied that they are in agreement Motion Forward Case USR24-0016 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Cindy Beemer, Seconded by Barney Hammond Vote Motion carried by unanimous roll call vote (summary. Yes = 6) Yes Barney Hammond, Butch White, Cindy Beemer, Michael Biwer, Michael Palizzi, Michael Wades Commissioner Beemer encouraged Staff to work with the City of Greeley to strongly encourage them to take steps to make sure that East 8°i Street is safe for traffic Meeting adjourned at 3 47 p m Respectfully submitted, '61:66w A ., Kristine Ranslem Secretary 2 ATTENDANCE RECORD NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL John Doe 123 Nowhere Street, City, State, Zip \CA ef-1/4, 4 a.. lova jo6Q0 2-015303 Celt 51).- (If ex.‘e-us CO 80kdo-?Jt i ,-"se\st% cum &0.5 45 s reAtAcri tn2D a Dr vea) Xi-16045PAnk - e ft5 \ciau-kr-tuk) at, et (fvn eo iOie tot C-LiAek via. C Li Pet I 4 41 -_ ,y t Lit w s f 7O o pod -urea-- i co $, 2.4 2.- r a a eile/c g V 0 rem k - e o G 7 ( -- o N n \ C Sa- cam'6 � C Jan3 ' O1�'d...6fy ctk4 d2alr/f , S7tff P/ L? -ref Lew/ poo t,‘}s, �/ ier (117 7" PenaA e `t crc. 5 Thas, /Q. vat-- 3', Fits. 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