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Home My WebLink About20231492.tiffBefore the Weld County. Colorado. Planning Commission Resolution of Recommendation to the Board of County Commissioners Moved by Michael Wailes. 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 USR22-0018 Loveland Ready -Mix Concrete.. Inc. Kim Ogle A Site Specific Development Plan and Use by Special Review Permit for Open Mining (sand, gravel and stone), employee and equipment parking associated with operations outside of subdivisions and historic townsites, in the A (Agricultural) Zone District. Part NE1/4 1 /4 of Section 3. Township 4 North. and part of the SE1/4 /4 of Section 34. Township 5 North, all in Range 67 West of the 6th P.M., Weld County, Colorado. North of and adjacent to County Road 48.5: west of and adjacent to State Highway 257. 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.B states, "Support responsible energy and mineral development." Subsection B.1 states "Ensure that surface development reasonably accommodates mineral extraction." 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 roads and regional highway construction industries. The agricultural lands associated with the surface estate is underlain with a known viable aggregate deposit. With the completion of mining, the site will be reclaimed with developed restoration and enhancement of wildlife habitat with groundwater sourced ponds and on -going oil and gas facilities associated with a production well head sites. Commercial mineral deposits known to be located in the County include sand and gravel. coal and u ranium. High -quality sand and gravel deposits in the County are found along major drainage ways. According to the Weld County Sand, Gravel Resources map dated July 1, 1975, the mine area is classified as Coarse Aggregates (1) Gravel: relatively clean and sound. Section 22-2-60.B.2 states "Ensure that infrastructure, such as adequate roads and utilities, exists o r can be made available prior to development of energy and mineral resource production facilities." To address impact to the area roads, the Department of Planning Services — Development Review is requesting the specific haul route to be outlined in the Conditions of Approval and Development Standards. The Improvements Agreement and Road Maintenance Agreement is required for off -site improvements at this location. Road maintenance includes, but is not limited to. dust control and damage repair to specified haul routes. The Agreement shall include provisions addressing e ngineering requirements, submission of collateral, and testing and approval of completed improvements. The Improvements Agreement and Road Maintenance Agreement is a Condition of Approval to be accepted by the Board of County Commissioners prior to recording the USR map. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Resolution USR22-0018 Loveland Ready -Mix Concrete, Inc Page 2 Chapter 23, Article III, Section 23-3-40 R allows for open mining (sand, gravel, stone) subject to the additional requirements of Article IV, Division 4, of the Weld County Code through a use by special review outside of subdivisions and historic townsites Also included are mobile mining equipment parking and storage, and employee parking C Section 23-2-220 A 3 -- The uses which will be permitted will be compatible with the existing surrounding land uses The use is consistent with the intent of the district in which the site is located The site's property parcels are zoned (A) Agricultural The proposed project is a listed as an aggregate mine, permitted in the (A) Agricultural Zone District as detailed in this Use by Special Review permit application, and in the Weld County Code Weld County Code, Chapter 23, Article III, Division 1, Section 23-3-10, states in part "The A (Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production, and for areas for natural resource extraction and energy development, without the interference of other, incompatible land uses " Chapter 22 — Comprehensive Plan, Appendix 22-C addresses the Right to Extract Mineral Resources Statement "Weld County has some of the most abundant mineral resources, including, but not limited to sand and gravel, oil, natural gas, and coal Under Title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy, (b) the populous counties of the state face a critical shortage of such deposits, and (c) such deposits should be extracted according to a rational plan, calculate to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state Mineral resource locations are widespread throughout the County and people moving into these areas must recognize the various impacts associated with this development Often, mineral resource sites are fixed to their geographical and geophysical locations Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource The proposed permit complies with the Weld County Guiding Principles, per Chapter 22, Article II, Section 22-2-10 as follows A Respecting Our Agricultural Heritage The Project will not infringe on agricultural production in the area The proposed mine site is currently used for grazing B Respecting Private Property Rights Loveland Ready Mix has a right to mine the aggregate on its property for use in the community The mining operations have taken into consideration the rights of all neighboring properties with the intent of minimizing impacts C Promoting Economic Growth and Stability Allowing local aggregate mining will help provide construction material that is in high demand, without increased costs of transportation Protecting Health, Safety, and General Welfare Loveland Ready Mix is studying groundwater impacts, water quality impacts, changes to the flood zone, noise impacts, and air quality impacts associated with the project in order to implement the proper best management practices for minimizing effects to community Additionally, Loveland Ready Mix is going beyond the requirements of Department of Reclamation Mining & Safety (DBMS), Colorado Department of Public health and Environment (CDPHE), and other regulatory agencies by taking into consideration concerns from the community through actions such as voluntary community meetings Zoning in the area surrounding the site is primarily in the (A) Agricultural Zone District There are several residences are within the vicinity of the Site One residential property is directly adjacent to the southwestern corner of the property The Mad Russian residential development and golf course is located to the north of the Project Site, separated by the railroad easement There are five residential Resolution USR22-0018 Loveland Ready -Mix Concrete. Inc. Page 3 lots on the south side of County Road 48.5, and one residential property east of Highway 257 directly across from the site. In addition to agricultural uses, there is aggregate mining, oil and gas development and rural residential uses near the site. There are multiple special use permits within one (1) mile, including aggregate mining. Lands located north of the mine site are permitted for an Airstrip (USR-1081) and a Feedlot (SUP -76) and immediate near vicinity, across the UP track is the Mad Russian Golf Course (CUP -52). To the west are a 230kV Transmission line (USR-823) and a 16 -inch natural gas pipeline (USR-1706). Permitted land uses within one mile to the south include USR1277 for Herbal products and processing business. USR-1142 for the Leahy Recreational Facility and SUP -222 for the Sweet Gold Spray Ponds. There are nine (9) residences within 500 -feet of the mine site, with the five (5) nearest residences being immediately adjacent to the USR-DRMS permit boundary south of County Road 48.5. There are fifty-eight (58) residences within 1000 -feet of the mine site and over eight hundred twenty-five (825) residences located one mile from the proposed USR-DRMS permit boundary. The Weld County Department of Planning Services sent notice to thirty-four (34) Surrounding Property Owners within 500 -feet of the site. Planning staff received several letters of correspondence dated March 26, 2022 and June 15, 2021 prior to accepting the land use application that had been sent to the State as part of the Division of Reclamation Mining and Safety review process. As the term for the review had concluded with the State, these letters were forwarded to Weld County and have been included in the case file. The letters outline concerns about additional traffic on area roads, decline in property values, air pollution caused by dust, damage to area roads, creation of crystalline silica resulting in Silicosis a cancer -causing lung ailment. Planning staff has received three (3) telephone calls from interested persons, all within the Mad Russian Subdivision with questions on the application, the referral process and how they may be more involved in the land use process. Planning staff sent notice of the pending Planning Commissioner hearing and received thirty-six (36) letters in opposition to the permit request from surrounding property owners with thirty-three (33) letters submitted in 2021. two (2) letters (Steve Kelly, dated October 2022 and Shelia Grotzky dated November 2022) and the Mica Garrett letter dated January 2023. The applicant has been in contact with the Surrounding Property Owners and conducted face to face interactions with adjacent property owners through the State permitting process and continues to meet with area residents. The Conditions of Approval require that the applicant submit an accepted Communications Plan, Emergency Action and Safety Plan, an accepted Improvements and Road Maintenance Agreement (for roads and traffic), an accepted Final Drainage Plan and an Access Permit for County Road 48.5. The Noise Abatement Plan has been submitted and reviewed. Environmental Health Services in their referral dated July 28, 2022, states "Noise is restricted to the level allowed in the industrial zone district and noise levels are measured 25 feet from the property line. The application contains a noise evaluation, conducted by Telesto Solutions Inc., which indicates the industrial level can be met 25 feet from property boundary. The evaluation states: "The sound levels generated from the topsoil removal activities prior to the mining operations are predicted to be below industrial noise limits at the residential property lines and, additionally, will meet residential and commercial noise standards of 55 dBA. The sound levels generated from mining and hauling operations at the adjacent residential and commercial lots, are predicted to be below residential noise limits, without mitigation. Adherence to the noise modeling report is required'. Resolution USR22-0018 Loveland Ready -Mix Concrete, Inc Page 4 The Dust Abatement Plan has been submitted and reviewed Environmental Health Services in their referral dated July 28, 2022, states "A dust abatement plan was submitted and adherence to that plan is required Alluvial groundwater is the planned water supply The dust abatement plan indicates water will be applied to the haul roads, stockpiles will be compacted, topsoil piles will be revegetated and mining will be phased which will limit the overall mine surface to five acre increments An Air emission permits (APEN) from the State is required and will address dust control for mining operations, haul roads, and any sand and gravel processing equipment The application indicates an APEN has been submitted to the State " The Development Standards and 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 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 proposed mine is located three miles from the City of Greeley and is located outside of their Long Range Expected Growth Area yet is identified as parklands and open space per the 2060 Comprehensive Plan — Land use Guidance Map dated May 2005 The Town of Johnstown Area 2006 Comprehensive Plan — Land Use Framework Plan designates this site to be outside of their Growth Management Area Boundary The Town of Milliken 2015 Comprehensive Plan — Framework Plan designates this area as Greenway The site is also located with the Intergovernmental Agreement Areas (IGAs) for the Towns of Johnstown and Milliken A signed Notice of Inquiry form was received from the Town of Milliken on May 16, 2022 indicating that the Town would be interested in an annexation agreement or a pre -annexation agreement The Notice of Inquiry was not returned from the Town of Johnstown Referral comments received from the City of Greeley dated July 15, 2022 state "The subject site is located outside of Greeley's Long Range Expected Growth Area (LREGA) The City of Greeley has no comments on this project " E Section 23-2-220 A 5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code The property is not within the Greeley -Weld County Airport, Geohazard Development Area, the Municipal Separate Storm Sewer Systems (MS4) defined boundary, the Historic Townsites or the Agricultural Heritage Overlay Districts FHDP21-0024 was issued for overburden and aggregate removal, access road, temporary stockpiles and a new bridge The results of the HEC RAS model show that there will be a decrease in the base flood elevation (BFE) up to -1 32 feet Due to this decrease in the BFE a Letter of Map Revision (LOMR) will be required The LOMR shall be submitted to the Department of Planning Services within six (6) months of reclamation 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 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use The proposed mine site is located on 105 02 acres of Prime farmland if drained and either protected from flooding or not frequently flooded during the growing season, 2 96 acres of Farmland of Local Importance and 6 02 acres of river corridor per the NRCS Soil Survey for Weld County Post mining the land will be reclaimed back to wildlife habitat with groundwater sourced ponds Resolution USR22-0018 Loveland Ready -Mix Concrete, Inc Page 5 As stated, there is less than three (3) acres of Farmland of Local Importance and, the property contains a commercial mineral deposit, which state statutes say must be protected from development The Weld County Comprehensive Plan also protects these lands from uses interfering with extraction of sand and gravel Mineral, extraction will provide economic revenues for Weld County from the land and will not interfere with the agricultural productivityof surrounding properties Colorado Revised Statutes provides for the extraction of mineable resources prior to and surface development 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 requested/proposed haul route to the west on CR 48 5 involves the intersection of CR 48 5 and CR 17 Approximately 0 5 miles of CR 48 5 and the southern portion of the intersection of CR 48 5 and CR 17 are in the Town of Johnstown Additionally, 60 feet to the east of the centerline of CR 17 is the Great Western Railroad The residential nature of this area is a concern and would be addressed by the referral request to the Town of Johnstown The configuration of the intersection of CR 48 5 and CR 17 does not ,meet the safety criteria as specified in Chapter 8 of the Code Specifically, the location of the railroad track does not allow for the needed auxiliary lanes that would be required for the proposed haul traffic from this mine, the queuing of trucks at this intersection would be adversely impacted by the proximity of the railroad track, the intersection has numerous utilities that would need- relocated, and the intersection sight distance does not appear to be adequate for turning haul trucks Development Review in conjunction with the Department of Public Works is not in support and therefore does not recommend the use of this haul route ' Per CDOT's referral and in conjunction with the Development Review referral, the proposed haul route to the east on CR 48 5 would involve the upgrade of the intersection of SH 257 (i e sand southbound deceleration and north bound acceleration lanes) and CR 48 5 prior to the issuance of the CDOT access permit onto SH 257 and the triggered upgrade' and/ or proportional share of improvements to the intersection of CR 54 and SH 257 in the future Development Review is recommending the use of this haul route 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 can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County This recommendation is based, in part, upon a review of the application matenalssubmitted 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 An Improvements and Road Maintenance Agreement is required for upfront and triggered off - site improvements at this location The improvements include but are not limited to Paving CR 48 5 from fifty (50) feet west of the site access east through the intersection with SH 257, - The addition of auxiliary lanes (i e acceleration lane to the north and deceleration lane to the south) at the intersection of CR 48 5 and SH 257, Triggered auxiliary lanes and/or a proportional share of future improvements at the intersection of SH 257 and CR 54, and, A proportional share of the improvements to the intersection of CR 54 and CR 13 which may include dedicated right-of-way In the case that right-of-way is dedicated, the applicant may consider a Capital Contribution Front End Agreement Resolution USR22-0018 Loveland Ready -Mix Concrete. Inc. Page 6 Road maintenance includes, but is not limited to. dust control and damage repair to specified haul route. The Agreement shall include provisions addressing engineering requirements, submission of collateral, and testing and approval of completed improvements. (Development Review) B —A Final Drainage Narrative is required. (Development Review) C. The applicant shall attempt to address the concerns of the Colorado Division of Water Resources as stated in their referral dated August 8, 2022, specific to the approved substitute water supply plan. Written evidence of such shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) D. The applicant shall acknowledge the requirements of the State of Colorado Parks and Wildlife. as stated in the referral response dated July 28, 2022. Written evidence of such shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) E. The applicant shall submit the State approved Extraction Plan Map as submitted to the DRMS with required information delineated per Chapter 23, Article IV, Section 23-4-270.A and B. of the Weld County Code. (Department of Planning Services) F. The applicant shall submit the Reclamation Plans as approved by the State of Colorado Mined Land Reclamation Board per Chapter 23, Article IV, Section 23-4-280.A of the Weld County Code. (Department of Planning Services) G. The applicant shall submit supporting documents as outlined in Chapter 23-4-280 addressing the protection of the health. safety, and welfare of the inhabitants of the County. Specifically, Section 23 -4 -280.B -D of the Weld County Code. (Department of Planning Services) H. The applicant shall submit a Communication Plan for review and acceptance by the Department of Planning Services. (Department of Planning Services) I. The applicant shall acknowledge the requirements of Front Range Fire Rescue. as stated in the referral response dated August 9, 2022. Written evidence of such shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) J. The USR map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR22-0018 (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. Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study. (Department of Planning Services - Floodplain) 5. The applicant shall delineate on the map the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. (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) Resolution USR22-0018 Loveland Ready -Mix Concrete, Inc Page 7 8 Show the accepted Landscape and Screening Plan addressing visual mitigation (Department of Planning Services) 9 The County -maintained portion of CR 48 5 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road All setbacks shall be measured from the edge of right-of-way This road is maintained by Weld County (Development Review) 10 Show the Colorado Department of Transportation (CDOT) right-of-way for Hwy 257 on the plat along with the documents creating the right-of-way (Development Review) 11 Show and label the access location onto CR 48 5, approved access width, and the appropriate turning radii on the site plan Specify the access type (Development Review) 12 Show and label the required tracking control (Development Review) 13 Show and label the entrance gate if applicable An access approach that is gated shall be designed so that the longest vehicle (including trailers) 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 35 feet (Development Review) 14 Show and label the drainage flow arrows (Development Review) 15 Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property (Development Review) 16 Show and label all recorded easements and rights -of -way by book and page number or reception number and date (Department of Planning Services) 17 Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the map per the setback requirements of 23-3-50 E of the Weld County Code (Department of Planning Services) 18 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 Mylar map along with all other documentation required as Conditions of Approval The Mylar 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 Mylar 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) 19 In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within the specified timeline from the date of the Board of County Commissioners Resolution, a $50 00 recording continuance fee shall be added for each additional three (3) month period (Department of Planning Services) 2 Prior to Construction A The applicant/ miner is required to submit a complete access application fora "preliminarily approved" access location as shown on this map (Department of Planning Services - Development Review) Resolution USR22-0018 Loveland Ready -Mix Concrete, Inc Page 8 B If more than 1 acre is to be disturbed for construction of non -gravel pit items such as structures, parking lots, laydown yards et cetera a Weld County grading permit will be required prior to the start of construction (Department of Planning Services - Development Review) C A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre Contact Colorado Department of Public Health and Environment, Water Quality Control Division (Department of Planning Services - Development Review) D Tracking control is required to prevent tracking from the site onto public roadways This site requires double cattle guards and 100 ft of asphalt or 300 ft of asphalt (Department of Planning Services - Development Review) 3 Prior to Operation - Mining A The applicant shall develop an Emergency Action and Safety 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 submitted and accepted by the Division of Mining Reclamation and Safety (Department of Planning Services) 4 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 (Department of Planning Services) Motion seconded by Sam Gluck VOTE For Passage Against Passage Absent Elijah Hatch Skip Holland Sam Gluck Butch White Michael Wailes Shana Morgan 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 Pamela Edens Michael Palizzi Certification of Copy I, Kristine 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 May, 2023 /at ? Dated the 2nd of May, 2023 Kristine Ranslem Secretary Resolution USR22-0018 Loveland Ready -Mix Concrete, Inc Page 9 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Loveland Ready -Mix Concrete, Inc USR22-0018 Site Specific Development Plan and Use by Special Review Permit, USR22-0018, for Open Mining (sand, gravel and stone) and employee and equipment parking associated with operations outside of subdivisions and historic townsites, in the A (Agricultural) 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 Dunn Pit operational hours are 7 00 a m to 5 00 p m Monday through Friday with aggregate hauling occurring from 7 30 a m to 4 30 p m Monday through Friday 4 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 hour after sundown to one hour before sunrise Depending on the request of the tunsdiction, night operations could occur seven days per week When the operator becomes aware of projects that require night operations, they will email the Weld County Planning Director to let him/her know 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) 5 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) 6 The mine shall remain in compliance with the approved Division of Reclamation, Mining,and Safety 112c Permit number M2021-059 (Department of Planning Services) 7 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) 8 The number of on -site employees shall be up to six (6) -- two (2) equipment operators and four (4) truck drivers (Department of Planning Services) 9 The parking area for mine equipment and employees on the site shall be maintained (Department of Planning Services) 10 All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code (Department of Planning Services) 11 The property owner or operator shall maintain compliance with the accepted Communications Plan (Department of Planning Services) 12 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) Resolution USR22-0018 Loveland Ready -Mix Concrete, Inc Page 10 13 The property owner or operator shall provide written evidence of an approved Emergency Action and Safety Plan on or before March 15th of any given year signed by representatives for the Fire District and the Weld County Office of Emergency Management to the Department of Planning Services (Department of Planning Services) 14 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) 15 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) 16 Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the existing County right-of-way (Development Review) 17 Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement (Development Review) 18 Prior to the release of building permits, the applicant shall be required to submit a complete access application for a "preliminarily approved" access location as shown on this plat (Development Review) 19 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized (Development Review) 20 The historical flow patterns and runoff amounts on the site will be maintained (Development Review) 21 The property owner shall comply with all requirements provided in the executed Improvements Agreement (Development Review) 22 The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates (Development Review) 23 Approved Haul Route outbound is east on County Road 48 5 to State Highway 257, north on State Highway 257 to County Road 54, west of County Road 54 to County Road 13, south on County Road 13 to the approved access to the Loveland Ready Mix plant permitted under 2MUSR17-01-1329 Approved inbound haul route is from the approved access of the Loveland Ready Mix Plant north on County Road 13 to County Road 54, east of County Road 54 to State Highway 257, south on State Highway 257 to County Road 48 5, west on County Road 48 5 to the approved access drive for the Dunn Pit (Development Review) 24 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) 25 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) 26 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) 27 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 and the accepted dust abatement plan (Department of Public Health and Environment) 28 The operation shall submit an Air Pollution Emission Notice (A P E N ) and Emissions Permit Application Resolution USR22-0018 Loveland Ready -Mix Concrete, Inc Page 11 and obtain permits from the Air Pollution Control Division, Colorado Department of Public Health and Environment, as applicable (Department of Public Health and Environment) 29 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 evaluation report (Department of Public Health and Environment) 30 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) 31 Adequate drinking, hand washing, and toilet facilities shall be provided for employees and patrons of the facility, at all times A permanent, adequate water supply shall be provided for drinking and sanitary purposes, as applicable (Department of Public Health and Environment) 32 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) 33 Portable toilets and bottled water are acceptable to provide drinking and sanitary services to the site 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, contain hand sanitizers and be screened from existing adjacent residential properties and public rights- of -way (Department of Public Health and Environment) 34 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) 35 If applicable, the operation shall obtain a stormwater or other discharge permits from the Colorado Department of Public Health & Environment, Water Quality Control Division (Department of Public Health and Environment) 36 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) 37 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) 38 The operation shall comply with the Mine Safety and Health Act (MSHA) (Department of Public Health and Environment) 39 The facility shall notify the County of any revocation and/or suspension of any State issued permit (Department of Public Health and Environment) 40 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) 41 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 Maps #08123C -1682F and 1701F issue date September 17, 2022 and Panel Maps #08123C -1684F and 1703F issue date March 23, 2022 (Big Thompson River Floodplain) 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 Resolution USR22-0018 Loveland Ready -Mix Concrete, Inc Page 12 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 (Department of Planning Services - Floodplain) 42 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 (Department of Planning Services - Floodplain) 43 If at all possible, place the berms parallel to the flow of floodwaters (Department of Planning Services — Floodplain) 44 Floodplain Development Permit #FHDP21-0024 was issued for overburden and aggregate removal, access road, temporary stockpiles and a new budge The results of the NEC RAS model show that there will be a decrease in the base flood elevation (BFE) up to -1 32 feet Due to this decrease in the BFE a Letter of Map Revision (LOMR) will be required The LOMR shall be submitted to the Department of Planning Services within six (6) months of reclamation (Department of Planning Services — Floodplain) 45 All transient equipment including temporary structures and portable toilets shall be anchored (Department of Planning Services — Floodplain) 46 Any fencing on the property must allow the flow of floodwaters either through or under the fence (Department of Planning Services — Floodplain) 47 The installation of any septic system within the 100 -year floodplain shall comply with the Weld County O WT S floodplain policy (Department of Planning Services - Floodplain) 48 Building permits may be required, for any new construction or setup manufactured structure, per Section 29-3-10 of the Weld County Code A building permit application must be completed and submitted 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, 2020 National Electrical Code, and Chapter 29 of the Weld County Code A plan review shall be approved, and a permit must be issued prior to the start of construction (Department of Building Inspection) 49 Necessary personnel from the Weld County Departments of Planning Services, Development Review, 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) 50 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) 51 Construction or Use pursuant to approval of a Use by Special Review Permit shall be commenced within three (3) years from the date of approval, unless otherwise specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall be vacated The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the landowner 52 A 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 Resolution USR22-0018 Loveland Ready -Mix Concrete, Inc Page 13 send certified written notice to the landowner asking that the landowner request to vacate the Use by Special Review Permit 53 RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy, (b) the populous counties of the state face a critical shortage of such deposits, and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development Often times, mineral resource sites are fixed to their geographical and geophysical locations Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource 54 WELD COUNTY'S RIGHT TO FARM STATEMENT Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment, slow -moving farm vehicles on rural roads, dust from animal pens, field work, harvest and gravel roads, odor from animal confinement, silage and manure, smoke from ditch burning, flies and mosquitoes, hunting and trapping activities, shooting sports, legal hazing of nuisance wildlife, and the use of pesticides and fertilizers in the fields, including the use of aerial spraying It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County Section 35-3 5-102, C R S , provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production Water has been, and continues to be, the lifeline for the agricultural community It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and county roads outside of municipalities The sheer magnitude of the area to be served stretches available resources Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm Services in rural areas, in many cases, will not be equivalent to municipal services Rural dwellers must, by necessity, be more self-sufficient than urban dwellers People are exposed to different hazards in the County than in an urban or suburban setting Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center Resolution USR22-0018 Loveland Ready -Mix Concrete, Inc Page 14 pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open burning present real threats Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood Summary of the Weld County Planning Commission Meeting Tuesday. May 2, 2023 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, Elijah Hatch, at 1:32 p.m. Roll Call. Present: Elijah Hatch. Skip Holland, Sam Gluck, Butch White, Michael Wailes, Shana Morgan. Absent Pamela Edens, Michael Palizzi. Also Present: Kim Ogle, Chris Gathman, Diana Aungst. Maxwell Nader, and Jim Flesher, Department of Planning Services: Rob Adriaens. Department of Building Inspection; Lauren Light. Department of Health Karin McDougal. County Attorney. and Kris Ranslem, Secretary. Case Number: Applicant Planner: Request Legal Description: Location USR22-0018 Loveland Ready -Mix Concrete. Inc. Kim Ogle A Site Specific Development Plan and Use by Special Review Permit for Open Mining (sand, gravel and stone). employee and equipment parking associated with operations outside of subdivisions and historic townsites. in the A (Agricultural) Zone District. Pad NE1/4 /4 of Section 3, Township 4 North. and part of the SE1/4 /4 of Section 34. Township 5 North, all in Range 67 West of the 6'', P.M., Weld County, Colorado. North of and adjacent to County Road 48.5: west of and adjacent to State Highway 257. Kim Ogle, Planning Services.. presented Case USR22-0018, reading the recommendation and comments into the record. Mr. Ogle stated that notice was sent to 34 surrounding landowners within 500 feet of the site. Staff received several letters of correspondence between June 2021 to March 2022 prior to accepting the land use application and added that they had been sent to the Colorado Division of Mining. Reclamation and Safety for their review process. As the term for review concluded from the State. these letters were forwarded to Weld County and have been included in the case file. These letters outline concerns of increase in traffic.. decline of property values, air pollution caused by dust, damage to area roads, creation of crystal silica resulting in silicosis. Additionally, three (3) phone calls were received with questions on the application. the referral process and how to become more involved in process. Planning Staff received more than 36 petition style letters in opposition to the permit. More recently, two letters were received in November 2022. three letters were received in January 2023 and another letter received on April 29`h and another letter received today. The general concerns raised include traffic on State Highway 257 and the difficulties of accessing the road from the subdivision, dust, noise, and destruction of wildlife habitat along the river corridor. Mr. Ogle noted that the applicant has been in contact with surrounding property owners and has conducted face to face interaction with adjacent landowners through the state permitting process The Department of Planning Services recommends approval of this application along with conditions of approval and development standards. Commissioner Wailes stated that he saw an interest from Milliken regarding annexation and asked Staff to explain. Mr. Ogle stated that the applicant spoke to the Town of Milliken about annexation and the applicant elected at this time to not pursue annexation. Commissioner Hatch asked what the expected life of the mine is. Mr. Ogle replied it is expected to be mined for 23 years. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control. air emissions, noise levels, and the Waste Handling Plan. Melissa King, Development Review, reported on the access from the site, traffic in the area, drainage, and provided a detailed explanation of the preferred haul route. Ms King noted that the applicant has submitted 1 an acceptable drainage narrative documenting the stormwater detention exception, therefore, Staff is requesting Condition of Approval 1 B be removed from the Resolution Walt Niccoli, Telesto Solutions, 1207 Creekwood Court, Windsor, Colorado Mr Niccoli stated that Loveland Ready Mix has been around the northern front range for over 60 years and over 20 years in Weld County He added that they have an outstanding environmental record, driver training program, and pride themselves on using compressed natural gas in all of their concrete mixer trucks Mr Niccoli stated that they intend to extract 4 5 million tons of aggregate in this mine area in the least impactful manner to the environment and neighboring community He said that the aggregates are deposited along rivers and they need it of a certain quantity and quality Mr Niccoli said that their preferred haul route is to the west on County Road 48 5, north on County Road 17 and west on County Road 54 He noted that they are maintaining about 200 -foot corridor along the river with 100 feet on each side required by DRMS and it also allows wildlife to pass through Mr Niccoli said that the reclamation plan will have lakes and enhanced wetland features and a bridge for future access He added that the non -lake areas will be revegetated to native grasses and trees Operation hours will be from 7 a m to 5 p m Monday through Friday and the hauling hours will be from 7 30 a m to 4 30 p m Mr Niccoli said that they will be hauling from this site to the existing concrete mixing plant at County Roads 54 and 13 He added that there will be 35 truck round trips per day Brad Fancher, 6405 Windmere Road, Loveland, Colorado, stated that he is the President and General Manager at Loveland Ready Mix He said that one of the main objectives is to mitigate the impact on the community so they developed a little different method used in the past Mr Fancher said that they intend to use wet mining application from the site and will essentially step the overburden and bring in an excavator and dig the gravel out and slope it at the same time He added that when it is opened they will start taking the overburden off the next piece and slope it Mr Fancher said that they will be reclaiming as they go They will start on the north side of the river He said that they will work five (5) acres at a time Commissioner White asked how much of the site will be open at one time Mr Fancher said 200 feet piece and then start working across the property Commissioner Gluck asked if there will be lake front homes or will this site be used for parks Mr Fancher said it is in a floodplain so there won't be any homes but there will be open space and maybe parks Stephanie Fancher-English, 5000 West CR 14, Loveland, Colorado, stated that she is the Manager of Permitting and Land Use for Loveland Ready Mix Ms Fancher-English state that they currently have their permit with DRMS and posted the reclamation bond for that Additionally, they conducted a very detailed groundwater study that was submitted to DRMS to show that they are not impacting the hydrological bounds APEN application has been submitted and approved and they recently amended the Use by Special Review Permit in Johnstown for the Johnstown Ready Mix Plant Ms Fancher-English said that they plan to feed this plant with aggregate material from this proposed mine Mr Niccoli said that they received about 60 questions from the public regarding, noise, dust, groundwater, house of operation, air quality and traffic There will be no fuel storage on site and no processing or crushing on site The noise impact study shows that they will meet all the criteria at the boundaries of the site Michael Delich, Traffic Engineer Consultant, 457 Johnson Avenue, Loveland, Colorado, provided visual slide on Haul Route #1 which includes County Road 17 and Haul Route #2 which includes State Highway 257 He said that currently there are improvements that are triggered based on Weld County and CDOT criteria at several of the intersections along both routes He added that Weld County is planning a roundabout at County Roads 54 and 13 in the near future Mr Delich said that the train tracks that intersect County Road 48 5 is line for the Great Western Railroad He added that there are two trains over a 24 - hour period and they are very short trains that use this line to switch cars Mr Delich showed that Haul Route #1 is 0 6 miles shorter and Haul Route #2 has a significant rise in elevation on Highway 257 He added that the intersections involved in Haul Route #1 don't have the traffic volumes that State Highway 257 does Mr Delish said that from their traffic study they found that Haul Route #1 is safer and has much less volume of traffic 2 Mr Niccoli stated that the residents that attended the neighborhood meetings did not want the trucks going up Highway 257 Mr Niccoli requested that the Planning Commission recommend Haul Route #1 Commissioner Wailes said that he is familiar with the area and tends to agree that making the climb on Highway 257 is going to cause more problems He added that he is concerned with County Road 48 5 as it tends to get pretty nasty when there is precipitation Mr Wailes asked how the roundabout at County Roads 13 and 54 will impact the access to the applicant's site Mr Niccoli said that they will -have access to the ready -mix plant on County Road 54 Commissioner Wailes asked Staff to go over why they want Haul Route #2 as opposed to Haul Route #1 Ms King provided visual slides on the intersection of County Road 48 5 and County Road 17 and the constraints within the rights -of -way and the distance of the railroad tracks from the intersection Commissioner Hatch asked if there are any plans for the, intersection at County Road 48 5 and County Road 17 Ms King said that she isn't aware of any future improvements for that intersection Commissioner Wailes asked if the applicant is insistent on using this haul route would they be required to help pave County Road 48 5 Ms King said that they would have to pave it completely from east of their intersection to County Road 17 She added that it would also involve the Town of Johnstown as this portion of the road is part of the town and Johnstown has stated that they want a road maintenance agreement with the applicant as well , The Chair asked if there was anyone in the audience who wished to speak for or against this application Mick Sage, 2042 Birdie Way, Milliken, Colorado, stated that in the last four (4) years the truck traffic has increased by 40% on Highway 257 He added that the trucks won't make the hill on Highway 257 He expressed concern on the Jake brakes from the trucks that use Highway 257 He added that there is concern with the train traffic and road traffic Commissioner Wailes asked if he had any concerns with the mining operation itself Mr Sage said that they feel better than what they had proposed originally He added that he supports it Sheila Grotsky, 115 Birdie Drive, Milliken, Colorado, stated that there is one (1) entrance into the Mad Russian subdivision -She agreed that there is probably at least 40% more traffic and expressed concern with the increase truck traffic and noise Gary Pimple, 127 Birdie Drive, Milliken, Colorado, stated that he agrees with increase in traffic and added that lake brakes are a concern Mr Pimple referred to Highway 257 and said that he wishes somebody would do a study and look at the bad accidents at County Roads 52 and 54 as now it will be moving further south by the railroad tracks He expressed concern on the speed of traffic on Highway 257 Rick Hillier, 391 Heidi Lane, Milliken Colorado, read a letter into the record regarding concerns of inadequate answers or incomplete information from the applicant at a June 2022 town hall meeting He stated that either haul route is ideal from a safety standpoint, but was happy to hear the applicant is proposing Haul Route #1 He expressed concern regarding silica dust and noise a suggested air and noise monitoring be in place _ , Steve Kelly, 2045 Birdie Way, expressed concern regarding noise and dust Additionally, he doesn't want any trucks going up Highway 257 because they can't pull that hill He added that it is dangerous going the other way so he is opposed to this mining operation Mr Kelly noted that they are bonding 5 acres at a time and asked what happens when they walk off the project Beth Wishall, 2207 Birdie Drive, reiterated the amount of traffic on Highway 257 He added that they only have one entrance into the Mad Russian subdivision and approximately 240 residences within the subdivision She added that it is very hard to get, in and out of the subdivision because of the,volume of traffic on Highway 257 Gene Wagner, stated he owns land at 23646 State Highway 257, but lives at 19068 Eagle Ridge Drive, Golden, Colorado Mr Wagner said that he brought up the groundwater issue at the Milliken town meeting 3 He said that water underground doesn't just happen at the mine pit as it affects the surrounding area He heard the applicant say that when once the -pits are opened up the groundwater drop on the uphill and the lower part will rise From that he understands that groundwater will come up near the river He added that there is a ditch that crosses County Road -48 5 and there is a bridge and asked if the bridge will be able to take the truck traffic Morgan Grotsky, 115 Birdie Drive, stated that he is concerned about higher taxes with the improvements to the roads and also the loss of property values Michael Delich referred to the visual slide staff provided of the right-of-way at County Road 17 and how it relates to the right-of-way for the railroad and setbacks for the residents He said that the right-of-way is 60 feet, however, currently there is only about 24-26 feet of actual pavement on the roadway so that gives 30+ feet of potential widening of that roadway He added that leaves plenty of room to add lanes onto the actual roadway itself Mr Delich said ,that railroad tracks at County Road 48 5 is a spur line and has not more than 10-20 cars per train Ms Fancher-English stated that silica dust is referenced in the dust abatement plan and typically it is an issue that occurs when crushing the rock She added that they are not crushing or processing on site Ms Fancher-English said that they have no plans after reclamation at this time Ms Fancher-English requested a recommendation of approval of this project and added that they would like to request two changes to the resolution She referred to Condition of Approval 1 A and requested to recommend Haul Route #1 and that the improvements Include but are not limited to • Paving CR 48 5 depending on what needs to be paved • Proportionate share of the cost of improvements at the intersection of County Road 17 and County Road 48 5 and at County Road 17 and County Road 50 at the time they are built • When the conditions are drawn up, that the proportionate share of contributions for the Dunn Pit are according to the numbers that are reported on the applicant's long-term peak contributions so that they have a record of what their contributions are supposed to be Additionally, Ms Fancher-English referred to Development Standard 51 and requested that they have four (4) years to start commencement as they are trying to get through water court, an Army 404 Permit, and are worried about the economy if they have to pay fora significant amount of improvements they would like to ask for a little more time Commissioner White said that when it comes to the financial aspects, that is more up to the County Commissioners ' Commissioner Hatch asked Staff that if they get to the three years, are they able to apply for an extension Mr Ogle replied that they can request an extension with the Board of County Commissioners Commissioner Wailes referred to the intersection of County Road 17 and County Road 48 5 and said that the Town of Johnstown had prohibited any truck traffic unless it is making a local delivery so any traffic on County Road 17 has to divert and go around the town He said that it seems it puts an unnecessary burden on that intersection Mr Wales asked if Johnstown is on the hook for some of the improvements that could take place Ms King said that in the county, they expect new development to pay their own way so improvements to that intersection would be on Loveland Ready Mix She added that Johnstown's referral talks about a road maintenance agreement and any improvements being made by the applicant Commissioner Gluck asked the applicant if they are aware that the financial burden is on them Mr Fancher said that they were not and believed that they would participate in their percentage of the use of the road He said that a lot of those improvements have already been triggered by the traffic counts and the traffic study shows that these intersections already need these improvements He doesn't believe that they should be on the hook for 100% of the improvements Ms King said that there are several intersections involved regardless of which haul route She added that the intersection at County Road 13 and 54 and Weld County would agree that proportional share makes sense there because they have already planned to do that intersection improvement She added that County Roads 17 and 54, the county has already the 4 dramatic improvements there so the applicant would not be charged for those improvements because they have already been made Additionally, at the intersection of County Road 17 and 48 5 any improvements there are not planned by the county because County Road 17 is a thoroughfare and County Road 48 5 is a dead-end road Therefore any improvements for additional truck traffic would be on the applicant Commissioner Wades understands but added that he doesn't agree with it The Chair asked if there were any changes to the Development Standards or Conditions of Approval Mr Ogle stated that they are requesting the deletion of Condition of Approval 1 B Motion Delete Condition of Approval 1 B and reletter accordingly, Moved by Butch White, Seconded by Skip Holland Motion carried unanimously Commissioner Wailes asked if the Planning Commission is going to address the applicant's requested changes or will they go before the Board of County Commissioners Commissioner White said that we don't get involved with the money issues, but if it's a safety issue he said that we can recommend a haul route Kann McDougal, County Attorney, doesn't think it is unreasonable to leave those decisions of changes to the conditions of approval or development standards to the Board who is the final decision maker She added that if you feel strongly to make a recommendation about the route, you are not prohibited from doing that Commissioner Wailes said that he is okay with including comments in their vote regarding the haul route The Chair asked the applicant if they have read through the amended 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 USR22-0018 to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Michael Wailes, Seconded by Sam Gluck Vote Motion carried by unanimous roll call vote (summary Yes = 6) Yes Butch White, Elijah Hatch, Michael Wailes, Sam Gluck, Shana Morgan, Skip Holland Commissioner Morgan said that the County Commissioners should look at Haul Route #1 as the preferred route Commissioner Gluck agreed that Haul Route #1 should be the preferred route Commissioner Wailes also agreed and that the expense of improvements should be proportionate to the applicant's use Commissioner Hatch asked the County Commissioners to utilize Haul Route #1 as the primary route for this project He agreed that proportionate financial accommodations would be prudent in this situation Meeting adjourned at 7 13 pm Respectfully submitted, 41:hibbw A 2-4,1. 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