HomeMy WebLinkAbout20230547.tiffRESOLUTION
RE: ACTION OF THE BOARD CONCERNING REQUEST TO MODIFY CONDITION OF
APPROVAL #1.A.4 OF SITE SPECIFIC DEVELOPMENT PLAN AND MAJOR
AMENDED USE BY SPECIAL REVIEW PERMIT, 1MJUSR21-76-298, FOR OPEN
MINING (SAND, GRAVEL AND STONE) AND PROCESSING OF MINERALS,
IMPORTATION OF AGGREGATE (SAND, GRAVEL AND STONE) FROM OFF SITE,
MINE OFFICE WITH SCALE HOUSE AND SCALE, A FUELING/LUBRICATING
STATION, PORTABLE GENERATORS, MOBILE MINING EQUIPMENT PARKING,
AND STORAGE, AND EMPLOYEE AND VENDOR PARKING, AND MORE THAN TWO
(2) CONEX CONTAINERS FOR STORAGE OF PRODUCTS AND EQUIPMENT
ASSOCIATED WITH OPERATIONS OUTSIDE OF SUBDIVISIONS AND HISTORIC
TOWNSITES, IN THE A (AGRICULTURAL) ZONE DISTRICT - NORTH WELD
GRAVEL, RLLP, C/O C & H AGGREGATE, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on February 9, 2022, the Board of County Commissioners approved the
application of North Weld Gravel, RLLP, 13480 County Road 100, Nunn, Colorado 80648,
c/o C & H Aggregate, LLC, 46335 County Road 39, Nunn, Colorado 80648, for a Site Specific
Development Plan and Major Amended Use by Special Review Permit, 1MJUSR21-76-298, for
Open Mining (sand, gravel and stone) and processing of minerals, importation of aggregate (sand,
gravel and stone) from off site, mine office with scale house and scale, a fueling/lubricating station,
portable generators, mobile mining equipment parking, and storage, and employee and vendor
parking, and more than two (2) conex containers for storage of products and equipment
associated with operations outside of subdivisions and historic townsites, in the A (Agricultural)
Zone District, on the following described real estate, being more particularly described as follows:
E1/2 NE1/4, and part of the SE1/4 of Section 7 lying
northwesterly and westerly of the Pierce Lateral;
excepting therefrom a 56.5 -acre parcel of land in the
W1/2 of the SW1/4 and in the SW1/4 of the NW1/4
of Section 7 conveyed to Weld County, Colorado, by
Deed recorded June 12, 1962, in Book 1617, Page
174; also excepting therefrom a parcel of land lying
southerly and easterly of the Pierce Lateral Ditch in
the SE1/4 of Section 7, all within Township 8 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, Condition of Approval #1.A.4 was approved, to read as follows:
1. Prior to recording the map:
A. An Improvements and Road Maintenance Agreement is required for off -site
improvements at this location. The agreement shall include provisions
addressing dust control, damage repairs to specified haul routes, triggered
off -site improvements and up -front off -site improvements. This shall
include, but is not limited to:
cc: Pi. (TP/MN/Ko) cc (86),
SiPPL. 2023-0547
03/i3/2.3 PL0589
RECONSIDER CONDITION OF APPROVAL FOR 1MJUSR21-76-298 - NORTH WELD
GRAVEL, RLLP, C/O C & H AGGREGATE, LLC
PAGE 2
4) The bridge on CR 90, just east of U.S. Highway 85 — widen to
accommodate the intersection improvements warranted for County
Road 90 at U.S. Highway 85 — specifically westbound right and left
turn deceleration lanes and the right turn acceleration lane.
WHEREAS, the Board of County Commissioners heard all the testimony and statements
of those present, studied the request of the applicant and the recommendation of the Weld County
Departments of Planning Services and Public Works and, having been fully informed, finds the
request to delete Condition of Approval #1.A.4 be denied.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request to delete Condition of Approval #1.A4 for Site Specific
Development Plan and Major Amended Use by Special Review Permit, 1MJUSR21-76-298, on
the hereinabove described parcel of land be, and hereby is, denied.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of February, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ath,$)
Mike Freeman, Chair
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
APPROVED AS TO FOR
.County Attorney
Date of signature: 03/09 /23
Lori Sain
ro-Tem
2023-0547
PL0589
MEMORANDUM
TO: Board of County Commissioners
DATE: February 27, 2023
FROM: Kim Ogle, Planning Services
SUBJECT: 1MJUSR21-76-298, C&H Aggregates
Request for appearance before the Board of County
Commissioners to discuss the required improvements
associated with the North Weld Gravel Pit.
The Board of County Commissioners on February 9, 2022 conditionally approved 1 MJUSR21-76-
298 for a Site Specific Development Plan and Major Amended Use by Special Review Permit,
for Open Mining (sand, gravel and stone) and processing of minerals, importation of aggregate
(sand, gravel and stone) from off site, mine office with scale house and scale, a
fueling/lubricating station, portable generators, mobile mining equipment parking, and storage,
and employee and vendor parking, and more than two (2) conex containers for storage of
products and equipment associated with operations outside of subdivisions and historic
townsites, in the A (Agricultural) Zone District and recommended approval on a vote of 4-0 with
Commissioner Buck excused.
During this hearing, representatives for Development Review provided comments regarding
traffic associated with the proposed expansion of the Bellmore Mine, now known as the North
Weld Gravel pit. Comments provided came from Weld County data as well as data and
recommendations in the Traffic Impact Study submitted by the applicant dated November 22,
2021. Comments provided included:
1. There are two (2) permitted, existing accesses: one (1) onto CR 37 and one (1) onto CR 39.
2. The applicant is proposing traffic for the mining activities only access onto CR 39, with the
haul route heading south to CR 90, and then west to U.S. Highway 85.
3. CR 39 counted 704 vehicles per day, with 37% trucks, and the 85th percentile speed is 61
mph. This portion of CR 90 is a paved collector road that requires 80 feet of right-of-way,
the latest average traffic on CR 90 counted 1,340 vehicles per day, with 50% trucks, and
the 85th percentile speed is 66 mph.
4. The Traffic Impact Study submitted with the application materials indicated there will be 20
round trips per day of passenger vehicles, and 150 round trips per day of material hauling
trucks. The improvements warranted for the haul route based on the mining pit traffic, per
the Traffic Impact Study conclusion.
5. CDOT reviewed the Traffic Impact Study and concurred with its conclusion as they relate to
the improvements to the intersection of U.S. Highway 85 and CR 90.
6. Development Review is requesting an Improvements and Road Maintenance Agreement
for dust control, damage repairs to specified haul routes, triggered off -site improvements
2023-0547
02/Z7 PL058 1
and up -front, off -site improvements. This shall include, but is not limited to:
a) County Road 39, north of County Road 94, to just north of the site access - pave the
road segment to meet Chapter 8 standards.
b) County Road 39 at the site access - northbound left turn deceleration lane.
c) County Road 39 at the intersection with CR 90 - upgrade intersection to include
auxiliary turn lanes.
d) The bridge on CR 90, just east of U.S. Highway 85 - widen to accommodate the
intersection improvements warranted for County Road 90 at U.S. Highway 85 -
specifically westbound right and left turn deceleration lanes and the right turn
acceleration lane.
7. Per the CDOT referral, the applicant shall address the requirements of the Colorado
Department of Transportation, as stated in the electronic referral response received
December 13, 2021, specific to the Traffic Study prepared in conjunction with the land
use application. "CDOT agrees with the conclusions of the study, including the results of
the signal warrant analysis. CDOT will require the applicant to apply fora CDOT Access
Permit to account for the construction associated with the NB right deceleration Jane on
CO 85 at the CO 85/CR 90 intersection. As stated in the study, the existing deceleration
lane is too short and CDOT expects the additional 219 feet to be added to the lane by the
applicant to safely accommodate the large truck vehicles' queuing. "Written evidence of
such shall be submitted to the Weld County Department of Planning Services.
Cliff Simpson owner of C&H Aggregates was represented by Jared Dains, PE, with the
Applegate Group, Denver. The applicant and the Applicant's representative verbally indicated
they understood the Conditions of Approval and Development Standards as amended and the
case was approved by the Board of County Commissioners.
Representatives from Weld County Attorney's office, Public Works, Development Review, and
Planning Services met with Stacey Shea, Esq., representing Cliff Simpson and Derek Daniels
both with C&H Excavation on June 27, 2022. This meeting was held per the applicants request to
review the Conditions of Approval specific to the required improvements associated with the County
and State transportation infrastructure.
The Department of Planning Services received a letter dated September 28, 2022, from Stacey
Shea, Esq., with the office of Otis & Bedingfield, LLC Attorneys who as of June 29, 2022
represent Cliff Simpson, miner to the North Weld Gravel pit, doing business as C & H
Aggregates, LLC. Ms. Shea is requesting a second appearance before the Board of County
Commissioners to discuss the required improvements associated with the North Weld Gravel
Pit. The resulting improvements are required to be constructed and the Improvements and
Road Maintenance Agreement accepted prior to commencement of expanded mining
operations associated with the amended permit.
Planning staff in a response letter dated October 12, 2022 requested Ms. Shea provide a more
specific request for modification(s) to Conditions of Approval and Development Standards of the
conditionally approved land use permit. Planning staff requested Ms. Shea provide the existing
Resolution language as well as the proposed modification to the Resolution language for each item
requesting to be undertaken for consideration.
Ms. Shea in a follow-up letter dated November 2, 2022 requests that the Resolution and
subsequent Improvements and Road Maintenance Agreement be revised as indicated below.
1. Prior to recording the map:
A. An Improvements and Road Maintenance Agreement is required for off- site improvements
at this location. The agreement shall include provisions addressing dust control, damage
repairs to specified haul routes, triggered off -site improvements and up -front off -site
improvements. This shall include, but is not limited to:
1) County Road 39, north of County Road 94, to just north of the site access - pave the
road segment to meet Chapter 8 standards.
2) County Road 39 at the site access - northbound left turn deceleration lane.
3) County Road 39 at the intersection with CR 90 - upgrade intersection to include
auxiliary turn lanes.
4)'
spocifically westbound
D. The applicant shall address the requirements of the Colorado Department of
Transportation, as stated in the electronic referral response received December 13, 2021,
specific to the Traffic Study prepared in conjunction with the land use application. "CDOT
agrees with the conclusions of the study, including the results of the signal warrant analysis.
CDOT will require the applicant to apply for a CDOT Access Permit to account for the
construction associated with the NB right deceleration lane on CO 85 at the CO 85/CR 90
intersection. As stated in the study, the existing deceleration lane is too short and CDOT
expects the additional 219 feet to be added to the lane by the applicant to safely
accommodate the large truck vehicles' queuing." Written evidence of such shall be
submitted to the Weld County Department of Planning Services.
Planning staff acknowledged receipt of the letter requesting second appearance before the Board
of County Commissioners to discuss the required improvements associated with the North
Weld Gravel Pit.
The Departments of Public Works and Planning Services — Development Review and Planning are
not in support of a re -negotiation to a conditional approval and acceptence of the conditions of the
approval by the applicant as approved by the Board of county Commissioners for this land use
case.
NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public
hearing will be held in the Chambers of the Board of County Commissioners of Weld County,
Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley,
Colorado 80631, at the time specified.
If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five
days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting
party. In accordance with the Americans with Disabilities Act, if special accommodations are
required in order for you to participate in this hearing, please contact the Clerk to the Board's
Office at (970) 400-4225, prior to the day of the hearing.
The complete case file may be examined in the office of the Clerk to the Board of County
Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631.
E -Mail messages sent to an individual Commissioner may not be included in the case file. To
ensure inclusion of your E -Mail correspondence into the case file, please send a copy to
egesick@co.weld.co.us.
DATE: February 27, 2023
TIME: 9:00 a.m.
APPLICANT:
North Weld Gravel, RLLP
13480 County Road 100
Nunn, Colorado 80648
do C & H Aggregate, LLC
46335 County Road 39
Nunn, Colorado 80648
REQUEST: Consider request to modify Condition of Approval #1.A.4, for Site Specific
Development Plan and Major Amended Use by Special Review Permit, 1 MJUSR21-76-298.
1. Prior to recording the map:
A. An Improvements and Road Maintenance Agreement is required for off -site
improvements at this location. The agreement shall include provisions
addressing dust control, damage repairs to specified haul routes, triggered
off -site improvements and up -front off -site improvements. This shall
include, but is not limited to:
4) The bridge on CR 90, just east of U.S. Highway 85 — widen to
accommodate the intersection improvements warranted for County
Road 90 at U.S. Highway 85 — specifically westbound right and left
turn deceleration lanes and the right turn acceleration lane.
LEGAL DESCRIPTION: E1/2 NE1/4, and part of the SE1/4 of Section 7 lying northwesterly and
westerly of the Pierce Lateral; excepting therefrom a 56.5 -acre parcel of land in the W1/2 of the
SW1/4 and in the SW1/4 of the NW1/4 of Section 7 conveyed to Weld County, Colorado, by Deed
recorded June 12, 1962, in Book 1617, Page 174; also excepting therefrom a parcel of land lying
southerly and easterly of the Pierce Lateral Ditch in the SE1/4 of Section 7, all within Township 8
North, Range 65 West of the 6th P.M., Weld County, Colorado
LOCATION: North of and adjacent to County Road 94; east of and adjacent to County Road 37;
south of and adjacent to County Road 96; west of and adjacent to County Road 39
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: February 16, 2023
SURROUNDING PROPERTY OWNERS
1MJUSR21-76-298
Owner
ORNELAS LEONEL, ANA ORNELAS-MORENO,
MORENO-CHAVARRIA NORMA
VILLALOBOS RUBEN
KOHLHOFF SIEGFRIED AND PAMELA
MARTINEZ CURTIS AND KEYS PEGGY
SIMPSON CLIFF AND HEATHER
CITY OF THORNTON
C&H EXCAVATION LLC
BRENT RALPH AND DAWN
LONGS PEAK DAIRY LLC
RC LAND INC
MILLER FAMILY INVESTMENTS LLC
AND
Mail Address 1
6736 E 123RD PL
1632 29TH AVE
27233 COUNTY ROAD 78
PO BOX 5
PO BOX 211
9500 CIVIC CENTER DR
PO BOX 211
38591 COUNTY ROAD 3U
45490 COUNTY ROAD 39
13415 COUNTY ROAD 88
10614 STATE HIGHWAY 66
Mail City State Mail Zip Code
BRIGHTON CO 80602-9650
GREELEY CO 80634-5720
EATON CO 80615-9709
PIERCE CO 80650-0005
AULT CO 80610-0211
THORNTON CO 80229-4326
AULT CO 80610-0211
GENOA CO 80818-9301
PIERCE CO 80650-9503
PIERCE CO 80650-9308
PLATTEVILLE CO 80651-7907
CERTIFICATE OF MAILING
I hereby certify that I have placed a true and correct copy of the Notice for Case Number 1MJUSR21-76-298 in the United States
Mail, postage prepaid First Class Mail as addressed on this 16th day of February, 2023.
Jess Reid
Deputy Clerk to the Board
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
2/15/2023
12:47:03 PM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
‘SL,L,O1
Signature
Date
Property Owners Within 500 Feet of Parcel # 055107000019
Account
Parcel
Owner
Mailing Address
R8947689
055106300024
ORNELAS-MORENO ANA
R8947689
055106300024
ORNELAS LEONEL
6736 E 123RD PL
BRIGHTON, CO 806029650
R8978007
055106300026
VILLALOBOS RUBEN POLANCO
1632 29TH AVE
GREELEY, CO 806345720
R8978008
055106300027
MORENO-CHAVARRIA NORMA
R8978008
055106300027
RIVERA LEONEL ORNELAS
R8978008
055106300027
ORNELAS-MORENO ANA
6736 E 123RD PL
BRIGHTON, CO 806029650
R2260203
055106400016
KOHLHOFF PAMELA
R2260203
055106400016
KOHLHOFF SIEGFRIED
27233 COUNTY ROAD 78
EATON, CO 806159709
R0608886
055107000003
SIMPSON CLIFF
PO BOX 211
AULT, CO 806100211
Parcels: 20
Owner Records: 29
Page 1 of 5
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
2/15/2023
12:47:03 PM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
Sig nature
-�S-a3
Date
Property Owners Within 500 Feet of Parcel # 055107000019
Account
Parcel
Owner
Mailing Address
R0609186
055107000017
THORNTON CITY OF
9500 CIVIC CENTER DR
THORNTON, CO 802294326
R0061195
055107000018
SIMPSON HEATHER
R0061195
055107000018
SIMPSON CLIFF E
PO BOX 211
AULT, CO 806100211
R0061395
055107000019
SIMPSON HEATHER
R0061395
055107000019
SIMPSON CLIFF E
PO BOX 211
AULT, CO 806100211
R8941576
055107000020
C&H EXCAVATION
PO BOX 211
AULT, CO 80610
R8941580
055107000021
WELD COUNTY ENGINEERING
PO BOX 758
GREELEY, CO 806320758
R0609286
055108000005
THORNTON CITY OF
9500 CIVIC CENTER DR
THORNTON, CO 802294326
R0609486
055108000008
BRENT DAWN M
Parcels: 20
Owner Records: 29
Page 2 of 5
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
2/15/2023
12:47:03 PM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
Signature
a -(5 -ate
Date
Property Owners Within 500 Feet of Parcel # 055107000019
Account
Parcel
Owner
Mailing Address
R0609486
055108000008
BRENT RALPH D
38591 COUNTY ROAD 3U
GENOA, CO 808189301
R0614186
055118000015
LONGS PEAK DAIRY LLC
45490 COUNTY ROAD 39
PIERCE, CO 806509503
R6785394
055118200005
KEYS PEGGY
R6785394
055118200005
MARTINEZ CURTIS
PO BOX 5
PIERCE, CO 806500005
R8959325
055118200009
KEYS PEGGY
R8959325
055118200009
MARTINEZ CURTIS
PO BOX 5
PIERCE, CO 806500005
R8959326
055118200010
LONGS PEAK DAIRY LLC
45490 COUNTY ROAD 39
PIERCE, CO 806509503
R0626986
055301000010
WELD COUNTY
1150 O ST
GREELEY, CO 806319596
R0631886
055312000008
RC LAND INC
13415 COUNTY ROAD 88
PIERCE, CO 806509308
Parcels: 20
Owner Records: 29
Page 3 of 5
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
2/15/2023
12:47:03 PM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
Signature
a-(5-�3
Date
Property Owners Within 500 Feet of Parcel # 055107000019
Account
Parcel
Owner
Mailing Address
R0631986
055312000009
C & H EXCAVATION LLC
PO BOX 211
AULT, CO 806100211
R8941611
055312000010
MILLER FAMILY INVESTMENTS LLC
10614 STATE HIGHWAY 66
PLATTEVILLE, CO 806517907
Parcels: 20
Owner Records: 29 Page 4 of 5
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
2/15/2023
12:47:03 PM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
Property Owners Within 500 Feet of Parcel # 055107000019
Parcels: 20
Owner Records: 29
est:e)
Signature
(S- -
Date
Page 5 of 5
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