HomeMy WebLinkAbout20221767.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIO
Moved by Skip Holland, 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:
2MJUSR21-02-1343
READY MIXED CONCRETE COMPANY AND RAPTOR MATERIALS LLC
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND SECOND MAJOR AMENDMENT
TO USE BY SPECIAL REVIEW PERMIT NO. USR-1343 FOR WET OPEN PIT
MINING AND MATERIALS PROCESSING AND IN -SITU WATER STORAGE
RESERVOIRS TO INCLUDE A MODIFICATION TO MINING STYLE FROM WET
TO OPEN DRY MINING (SAND GRAVEL, STONE) AND PROCESSING OF
MINERALS, WITH ANCILLARY OPERATIONS AND EQUIPMENT INCLUDING A
READY -MIXED PLANT, A HOT MIX ASPHALT (HMA) BATCH PLANT,
EXPORTING OF AGGREGATES, CONCRETE AND ASPHALT RECYCLING, 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
THE NUMBER OF CARGO CONTAINERS ALLOWED BY SECTION 23-3-30, UP
TO TEN (10) CONEX CONTAINERS FOR STORAGE OF EQUIPMENT AND
MATERIALS FOR PLANT OPERATIONS AND MAINTENANCE OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE
DISTRICT.
NE4NW4 AND NE4/NW4SE4 AND SW4SE4/S2SW4 OF SECTION 28, T3N. R67W
OF THE 6TH P.M., WELD COUNTY, COLORADO.
SOUTH OF AND ADJACENT TO HIGHWAY 66; WEST OF AND ADJACENT TO
CR 19; NORTH OF AND ADJACENT TO CR 28.
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 road 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 as water storage reservoirs and on -going oil and
gas facilities associated with a production well head site.
Commercial mineral deposits known to be located in the County include sand and gravel, coal and
uranium. 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
or 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 requiring an updated Improvements and Road Maintenance Agreement with triggered off -site
improvements, and road maintenance. Road maintenance includes, but is not limitedto, dust control
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and damage repair to specified haul routes The Improvements and Road Maintenance Agreement
is a Condition of Approval to be accepted by the Board of County Commissioners prior to recording
the USR map
The applicant's Professional Traffic Operations Engineer submitted a revised TIS in mid -March 2022,
addressing the CDOT (Colorado Department of Transportation) comments from the initial submittal,
February 10, 2021, of the traffic impact study for this project The traffic engineer started to CDOT
"the traffic signal warrant evaluation for the site access has been revised to remove the northbound
right turn volume from the calculation as an acceleration lane is proposed for this movement Without
the right turn volume, the MUTCD (Manual on Uniform Traffic control Devices for Streets and
Highways) warrant volume thresholds are not met and a traffic signal is not justified To mitigate the
deficient level of service at this intersection, a left turn acceleration lane is proposed " Further stating
"If it looks acceptable to you and there are no further comments, I'm assuming we can proceed with
the access permit application "
In an electronic mail dated April 7, 2022, from Tim Bilobran, Region 4 Access Manager, states on
behalf of CDOT, "we will accept this second version of the traffic study and expect all the auxiliary
lanes outlined in the conclusions to be constructed, including the westbound acceleration lane as you
leave the private parcel The access point on the south is expected to be shared between the two
industrial uses so please work with county planning to ensure all relevant cross parcel easements are
appropriately recorded "
Further stating, "A State Highway Access Permit application form (0137) needs to be filled out for the
shared joint access Per the access control plan accesses 352 [Field Access Road], 362 [Oil and
Gas Tank Battery Road] and 368 [Oil and Gas Tank Battery Road] should be closed with a separate
0137 application form, especially as you consider the links of acceleration lanes from this new shared
access and the accelerations lanes heading into County Road 19 The existence of the right in and
right out shown at 395 [Not Designated] is still a possibility in the future if needed "
In a May 26, 2022, e-mail to Weld County and the applicant's representative, from the Region 4
Access Manager, a third alternative was proposed to move the shared access between Varra (Raptor
Materials) and Ready Mixed Concrete to the west approximately 140 -feet from the April 7, 2022
proposed alignment creating a new access alignment with adjoining property owners located north of
Highway 66 Planning Services has no written evidence that this proposal has been accepted by
landowners who are not party to the current mining permit application
The aggregate material will be recovered using equipment typical for sand and gravel mining
operations Mining equipment may include but is not limited to, front-end loaders, scrapers,
excavators, dozers, off -road haul trucks, dump trucks and a water truck Processing equipment may
include but is not limited to conveyors, crushers and screen plants A scale and scale house may be
built at the mine During mining and reclamation activities, watering trucks for dust control will be
used as needed Since the material is unconsolidated deposits, no explosives or blasting is
required
B Section 23-2-220 A 2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District
Chapter 23, Article III, Section 23-3-40 R allows for open mining (sand, gravel, stone) and
processing of minerals, 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 a perimeter slurry wall, Ready -Mixed Plant, a Hot Mix Asphalt (HMA) Batch Plant, the
exporting of aggregates, concrete and asphalt recycling, 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 up to ten (10) conex containers for storage of equipment and
materials for plant operations and maintenance
Proposed permanent improvements associated with reclamation of the mine site include water
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storage facilities, infrastructure to distribute rater to and from storage facilities
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 "
Zoning in the area surrounding the site is primarily in the (A) Agricultural Zone District In addition to
agricultural uses, there are multiple special use permits within a one (1) mile, including aggregate
mining, oil and gas development and irrigated agriculture, rural residential uses The end use, water
storage, is consistent with the adjacent mining reclamation uses in the area surrounding area
The adjacent lands within one (1) mile of the property boundary consist of agricultural uses,
aggregate mining, the Firestone Trail, recreational facilities, rural residences, oil and gas operations,
and Highway 66, including
Lands immediately adjacent to the permit boundary include the Varra Sand Land Pit permitted via
MUSR11-0001 to the west, to the north is a reclaimed mine permitted under SUP -338 and a permit
fora second dwelling surrounded by irrigated agricultural lands Approximately 0 5 miles north of the
site is an 8000 -head LCO (Livestock Confinement Operation) permitted under AmUSR-127 and an
Agricultural Service establishment permitted under USR-1040 To the east is the Joe and Chris
Miller Farm permitted for a recreational facility with uses similar to those seen at guest farms and
fairgrounds permitted under USR-1513 Land adjacent to this site has sporadic rural residential
development with agricultural uses Adjacent to and south of the site are oil and gas encumbrances,
center pivots and the Varra Companies P122 'pit, permitted under USR17-0042 and the LG Everist
mine permitted under AmUSR-1102 To the west are open lands in the St Vrain Creek floodplain, the
Firestone Trail and on a smaller tract of land is USR-1736 for a Home Business — Construction and
Trucking SUP -240 for a twenty-seven (27) dog kennel is located on the subject property and will
need to be vacated This is -a Condition of Approval
There are twenty-nine (29) residences within one mile of the mine site, with the nearest residence
being the Jerry Nix parcel immediately adjacent to the USR-DRMS permit boundary west of County
Road 19 To the west is a residence approximately 100 -feet from the mine site, across Highway 66
are three (3) residences each approximately 150 -feet from the mine site, to the east there are four (4)
residences about 150 -feet or greater from the mine site, and to the south are two residences located
300 -feet or greater in distance from the mine site with all other residences are located at a greater
distance from the proposed USR-DRMS permit boundary
The Weld County Department of Planning Services sent notice to twenty-eight (28) Surrounding
Property Owners Planning staff received no written correspondence or telephone calls of inquiry
about the application
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 Emergency Action and
Safety Plan, an accepted Road Maintenance and Improvements Agreement (for roads and traffic),
and an accepted County Access Permit for County Road 28 and an accepted CDOT Access Permit
for the primary access onto State highway 66, in addition to the requisite easements between the
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adjacent properties for the shared access between Varra Companies (Eagle Materials, Inc ) and the
Ready Mixed Concrete Company The Noise Abatement Plan and Dust Abatement Plan have been
submitted and reviewed Environmental Health Services in their referral dated November 3, 2021
states "Noise is restricted to the level allowed in the industrial zone district The application contains a
noise modeling report completed by Behrens and Associates Inc The report indicates the industrial
limit can be met and states "Two modeling scenarios were created to predict the sound levels at
compliance points surrounding the proposed site and are described in Table 4-2 Mining cells #1 and
#3 were chosen since these were in closest proximity to the nearest neighbors and therefore
represent the worst -case scenario for equipment placement and impact The modeling results for
Scenario 1 indicate, that the noise levels of the proposed mining operations at Cell #1 and the Plant
Site (processing area) are predicted to comply with the Industrial noise limits of CRS 25-12-103 The
modeling results for Scenario 2 indicate that the noise levels of the proposed mining operations at
Cell #3 and the Plant Site (processing area) are predicted to comply with the Industrial noise limits of
CRS 25-12-103 "
The Conditions of Approval also require a Decommissioning Plan, Lighting Plan, Communication
Plan, Screening and Landscape Plans and an approved access permit for State Highway 66 Since
this proposal will result in highway auxiliary lanes, the applicant shall need to meet with CDOT
Region 4 on the appropriate documents and process to complete the improvements 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 site is located within a three (3) mile referral area of four (4) municipalities, including the Towns
of Firestone, Milliken, Platteville and Mead The proposed mine is also located with the Coordinated
Planning Agreement Areas for the City of Fort Lupton and the Towns of Firestone, Platteville, Mead
The City of Fort Lupton returned the Notice of Inquiry dated March 23, 2021 stating "The site is
located outside our Comprehensive Plan boundary and north of our County Road 26 area per our
IGA with the Town of Platteville "
The Town of Platteville returned the Notice of Inquiry undated stating "The Town of Platteville would
like to pursue the annexation of this property " In the referral received from the Town of Platteville
dated November 2, 2021, they state "the Town of Platteville is no longer interested in pursuing
annexation of this property based upon our recent dialog with Firestone regarding land use interests
in this area
In the second referral dated February 9, 2022, after the change in access was proposed, the Town of
Platteville Planning Commission and Board of Trustee's met on of February 1, 2022, and have the
following comments based on the revised access
"The Town has concerns regarding the updated TIS and site access change that forecasts
approximately 70% of the proposed commercial truck traffic travelling east along SH66 that will
likely go through Platteville to access US85 The Town understands that SH66 will be used as
the primary haul route for this operation but the impact to Platteville will be significant The Town
has experienced increased traffic congestion the past few years along the two -block section of
SH66 from US85 west to the South Platte River and increased truck traffic will produce
significantly more congestion issues By reducing or limiting haul routes on other roadways (i e ,
CR19) more negative impacts from the increased traffic will be experienced by Platteville "
"In 2017 the Town annexed the SH66 right-of-way from Division Blvd (CR 25 5) west to CR19
and further west along SH66 to the St Vrain River in 2021 The Platteville Police Department
has jurisdictional authority to regulate and enforce traffic laws along this portion of SH66 and have
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worked numerous accidents on this stretch of roadway during the past few years Due to the
much higher volume of commercial truck traffic generated from this site the Town has additional
concerns regarding traffic enforcement and the potential increase in vehicle accidents "
"During the February 1, 2022, Platteville Planning Commission meeting several rural county
residents voiced concerns of having increased truck traffic near their properties along SH66 and
CR2I Aspecific concern was raised regarding trucks bypassing the route on SH66 to US85 and
using CR21 south of SH66 to connect to CR28 and then east to US85 The Town requests that
various concerns stemming from county residents within the Town's growth area are considered
and mitigation efforts are made to reduce negative impacts to these properties "
The Town of Mead returned the Notice of Inquiry dated March 31, 2021 stating "The Town of Mead
has no objections with this application " The Town of Mead in their referral dated November 16, 2021
requested an update to the traffic impact study to include an analysis of the intersection of County
Road 13 and Highway 66 as well as the intersection of I-25 and Highway 66 Further requesting to
include a description of any proposed mitigation efforts that address theimpacts to the level of service
for these intersections
In the second referral dated February 3, 2022, after the change in access was proposed, the Town of
Mead requested the addition of a note to the Traffic Impact Study on page 14 that County Road 13
connects to the Town of Mead on the north side of State Highway 66
The Town of Firestone did not return the Notice of Inquiry form The Town in their referral dated
November 18, 2021, had several comments including
Upon approval of the amended USR, the Town requests the annexation of the lands subject
to the USR into the Town of Firestone
2 The proposed USR is showing that access from the site will be WCR 28 east to the
intersection of WCR 19 The Town of Firestone has recently annexed the WCR 19 right-of-
way and has serious concerns with adding significant turning truck traffic to this intersection
3 The provided traffic study needs to be updated to use the Town of Firestone Design
Standards and Construction Specifications for Public Improvements when determining
improvements to WCR 19 The Town classifies WCR 19 to be a principal arterial and based
on the traffic counts from the study, both a southbound right -turn deceleration lane and
northbound left -turn deceleration lane are required In addition, street lighting will be
required to be installed All work at the WCR 28 and WCR 19 intersection will be permitted
by the Town of Firestone and must meet the Town's standards
4 The traffic study calls out a sight distance issue at the WCR 28 and WCR 19 intersection,
but no long-term recommendation for addressing it Simply relying on the County or Town to
be responsible for an issue created by this use is not acceptable and will need to be
addressed with the intersection safety improvements discussed above
5 The Town agrees with the recommendation from the traffic study that a signal be installed at
WCR 19 and Highway 66 and believes this should be required as a condition of approval
6 The Town has concerns with the use of a dirt road (WCR 28) as a primary access for such a
large-scale commercial trucking operation The Town believes at a minimum WCR 28
should be paved from WCR 19 up to the primary access "
7 The Town requests that the County as a condition of approval require then applicant to
dedicate the necessary Right-of-way along the WCR 19 frontage for the future roadway
build- out This would be 60' of right-of-way from the centerline of WCR 19 to the west (120'
total future right-of-way) "
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The Town of Firestone 2014 Comprehensive Plan Firestone Master Plan Map identifies the project
site within the Firestone Urban Growth Boundary and identifies lands as R -L (Residential Low) and
MU (Mixed Use)
Residential Low provides for only single-family residential land uses or clustered multi -family land
uses Mixed -Use land use areas provide for a potential mix of all land uses, except for very low -
density single family residential The Mixed Use areas along Locust Street, SH 66 and Road 7 may
vary somewhat in size and shape to accommodate market needs Mixed Use areas may
accommodate residential land uses located above retail commercial land uses if proper compatibility
can be assured
In the second referral dated February 26, 2022, after the change in access was proposed, the Town
of Firestone offers the following comments in addition to the comment letter dated November 18,
2021
"While the traffic study has been updated to remove all accesses to WCR 28, the updated USR
still has a WCR 28 access labeled "Primary approved commercial access (paved) - to be
utilized as a secondary access point, main access will be off of Highway 66 " This is unclear as
to what type of access this will be, primary or secondary, commercial or non-commercial use If it
is to be a primary commercial access until the Highway 66 access is constructed, there is no
timeline or requirement for when the access will be removed In addition, there is also another
secondary access for an office, shops, and parking area but there are no discussions in the Traffic
Study of what the usage and impacts of these secondary accesses are Comments
2, 3, 4, and 6 from the Town's original comment responses are still valid with any access from
WCR 28 being shown on the USR "
"Comment 7 from the Town's original comment requesting that the additional right-of-way for WCR
19 be dedicated is still valid as no additional right-of-way is being shown on the USR "
The Town of Milliken did not return a referral response
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
The property is located in an Approximate Zone floodplain as delineated on Federal Emergency
Management Agency (FEMA) FIRM Community Panel Map #08123C -1885F effective date September
17, 2020 (Unknown Floodplain) Any construction in the floodplain requires a floodplain permit
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 A6 -- 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 10 84 acres of Farmland of Statewide Importance and 46 07
acres of Farmland of Local Importance and 19 84 acres of Prime if Irrigated and approximately
230 25 acres Prime Farmland if irrigated and protected from flooding per the NRCS Soil Survey for
Weld County Post mining the land will be reclaimed back to two (2) water storage reservoirs and
dryland agriculture
As stated, the two properties contain some Farmland of Statewide and Local Importance however,
the property also contains a commercial mineral deposit, which state statutes say must be protected
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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 productivity of 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 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 materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. The applicant shall submit a letter requesting the vacation of SUP -240. (Department of Planning
Services)
B. The applicant shall attempt to address the concerns of the Town of Firestone as stated in their
referrals dated November 18, 2021, and February 26, 2022,
agreeme ct his action. Written evidence of such shall be submitted to
the Weld County Department of Planning Services. (Department of Planning Services)
C. The applicant shall attempt to address the concerns of the Town of Platteville as stated in their
second referral dated February 9, 2022. Written evidence of such shall be submitted to the Weld
County Department of Planning Services. (Department of Planning Services)
D. The applicant shall submit a Landscape and Screening Plan that addresses the Dacono, Firestone
and Frederick Uniform Baseline Design Standards adopted under Chapter 19, Article III of the Weld
County Code. Written and graphic evidence of such shall be submitted to the Weld County
Department of Planning Services. (Department of Planning Services)
E A revised Improvements and Road Maintenance Agreement is required for triggered off -site
improvements and road maintenance. Road maintenance includes, but is not limited to, dust control
and damage repair to specified haul routes. The Agreement shall include provisions addressing
engineering requirements, submission of collateral, and testing and approval of completed
improvements. (Development Review)
F. The applicant shall address the requirements of the Colorado Department of Transportation as stated
in their referrals dated December 2, 2021, April 7, 2022 and May 26, 2022. Written evidence of such
shall be submitted to the Weld County Department of Planning Services. (Colorado Department of
Transportation)
G. The applicant shall provide evidence of the access permit issued by the Colorado Department of
Transportation (CDOT) which grants access to State Highway 66, and written evidence that the
applicant has complied with the requirements of the CDOT. (Department of Planning Services)
H. The applicant shall submit a recorded copy of any agreement signed by all the owners of the
properties (Raptor and Ready Mixed) crossed by the proposed accesses. The accesses shall be for
ingress, egress, utilities and shall be referenced on the USR map by the Weld County Clerk and
Recorder's Reception number. (Department of Planning Services)
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Recorded copies of all easements and or crossing agreements associated with the un-named
canal/ditch and any utility service provider that may be impacted by the combined access between
Varra Companies (Raptor Materials, Inc ) and Ready Mixed Concrete Company primary shared
commercial access onto State Highway 66 at the approximate half -mile marker (Department of
Planning Services)
J The applicant shall submit a detailed drawing of the shared access between Varra Companies
(Raptor Materials Inc ) and Ready Mixed Concrete Company specifically addressing width of access,
radii of private access road, all easements and rights -of -way encumbered by new shared access
road, length of access drive to provide unrestricted access both in bound and out bound, et cetera,
for review and acceptance by the Department of Planning Services (Department of Planning
Services)
K The applicant shall submit a detailed drawing of the processing area, scale, and scale house at a
minimum for review and acceptance by the Department of Planning Services (Department of
Planning Services)
L The applicant shall submit written evidence of permitting and compliance with Local and State
regulations for the Class I, Class II or Class III -A liquids located outside of buildings including the
10,000 gallon off -road diesel tank, the 500 gallon on -road diesel and the 500 gallon gasoline tankata
minimum Written evidence of such, or alternatively, written evidence of an exception to these
requirements, shall be submitted to the Weld County Department of Planning Services (Department
of Planning Services)
M The applicant shall submit written evidence that each tank is permitted by the State of Colorado
Department of Labor and Employment Oil and Safety Division are in compliance with the Platteville-
Gilcrest Fire Protection District rules and regulations Written evidence of such, or alternatively,
written evidence of an exception to these requirements, shall be submitted to the Weld County
Department of Planning Services (Department of Planning Services)
N The applicant shall address the concerns of the Colorado Division of Water Resources as stated in
their referral dated October 27, 2021, specific to the plan for augmentation and long-term evaporation
losses and lagged depletions Written evidence of such shall be submitted to the Weld County
Department of Planning Services (Department of Planning Services)
O A Decommissioning Plan for all permanent and temporary structures, buildings and equipment
associated with the processing of material associated with the aggregate mine shall be submitted to
and accepted by the Department of Planning Services (Department of Planning Services)
P 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
Q 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)
R 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)
S The USR map shall be amended to delineate the following
1 All sheets of the map shall be labeled 2MJUSR21-02-1343 (Department of Planning Services)
2 The attached Development Standards (Department of Planning Services)
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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)
8 The applicant shall show the shared access/ access easement between Varra Companies
(Raptor Materials Inc ) and Ready Mixed Concrete Company as approved by CDOT and
accepted by the Department of Planning Services (Department of Planning Services)
9 County Road 28 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 County Road 17 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)
i
11 County Road 19 is a paved road and is designated on the Weld County Functional Classification
Map as an arterial road which requires 140 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 currently maintained by Weld
County Per Reception Number 4746306, Weld County has agreed to the annexation of this
road by the Town of Firestone This annexation has not been completed (Development
Review)
12 The property is bounded by a pending annexation of County Road 19 Contact the Town of
Firestone to determine what right-of-way shall be shown on the submitted map Reference the
documents creating the right-of-way (Department of Planning Services)
13 The property is bounded by State Highway 66 Contact the Colorado Department of
Transportation (CDOT) to determine what'nght-of-way shall be shown on the submitted map
Reference the documents creating the right-of-way Please contact Mr Tim Bilobran at the
Greeley office, phone number 970-350-2163 (Development Review)
14 Show and label the existing permitted access point (AP20-00023 — Commercial) and the
proposed access location onto CR 28, approved access width and the appropriate turning radii
RESOLUTION 2MJUSR21-02-1343
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on the site plan The applicant must obtain an access permit in the approved location prior to
construction (Development Review)
15 Show the approved Colorado Department of Transportation (CDOT) access onto State Highway
66 on the site plan and label with the approved access permit number if applicable
(Development Review)
16 Show and label the approved tracking control on the site plan (Development Review)
17 Show and label the entrance gate if applicable An access approach that is gated shall be
designedso 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 thirty-five (35) feet (Development Review)
18 Show and label the drainage flow arrows (Development Review)
19 Show and label the parking and traffic circulation flow arrows showing how the, traffic moves
aroundthe property (Development Review)
20 Show and label all recorded easements and rights -of -way by book and page number or reception
number and date (Department of Planning Services)
21 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)
2 Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy
( pdf) of the map for preliminary approval to the Weld County Department of Planning Services Upon
approval of the map the applicant shall submit a 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)
3 In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map not
be recorded within the required one hundred twenty (120) days from the date of the Board of County
Commissioners Resolution, a $50 00 recording continuance charge shall be added for each additional
three (3) month period (Department of Planning Services)
4 Prior to Construction
A The approved access and tracking control shall be constructed prior to on -site construction For
County Road 28 and State Highway 66 (Development Review)
B If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required
(Development Review)
C Any construction in the floodplain requires a floodplain permit (Department of Planning Services -
Floodplain)
D The applicant shall address the requirements of CDOT specific to a new access permit, as stated in
the referral response dated April 7, 2022 Written evidence of such shall be submitted to the Weld
County Department of Planning Services (Department of Planning Services)
5 Prior to Operation - Mining
RESOLUTION 2MJUSR21-02-1343
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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)
I
B The applicant shall obtain an access permit in the approved location prior to construction
(Department of Planning Services)
C 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)
6 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 Lonnie Ford
VOTE
For Passage
Tom Cope
Lonnie Ford
Skip Holland
Sam Gluck
Butch White
Pamela Edens
Michael Palizzi
Against Passage Absent
Elijah Hatch
Michael Wailes
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings
CERTIFICATION OF COPY
I, Michelle Wall, 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 7th day of June, 2922
Dated the 7th day of June, 2022
Michelle Wall
Secretary
RESOLUTION 2MJUSR21-02-1343
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PAGE 12 r
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPM ENT STANDARDS
Ready Mixed Concrete Company - Nix Pit
2MJUSR21-02-1343
A Major Amendment to Site Specific Development Plan and 2nd Amendment to Use by Special Review
No USR-1343 for wet open pit mining and materials processing and in -situ water storage reservoirs to
include a modification to mining style from wet to open dry mining (sand, gravel, stone) and processing of
minerals, with ancillary operations and equipment including a Ready -Mixed Plant, a Hot Mix Asphalt
(HMA) Batch Plant, exporting of aggregates, concrete and asphalt recycling, 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 the number of cargo containers allowed by
Section 23-3-30, up to ten (10) conex containers for storage of equipment and materials for plant
operations and maintenance 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 The mine shall remain in compliance with the County Open Mining requirements per Chapter 23,
Article IV, Division 4 of the Weld County Code, as amended, including Operations policies and
Reclamation policies (Department of Planning Services)
4 The mine shall remain in compliance with the approved Division of Reclamation, Mining,and Safety
112c Permit number M2001-046 (Department of Planning Services)
5 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)
6 All sand and gravel operations shall be conducted during the hours of daylight except in the case of a
declared emergency disaster or in the case of a declaration requiring night construction, public or private
emergency, or to make necessary repairs to equipment This restriction shall not apply to operation of
administrative and executive offices or repair facilities located on the property (Department of Planning
Services)
7 The number of on -site employees shall be up to twenty-eight (28) (Department of Planning Services)
8 The parking area for mine equipment, vendors and employees on the site shall be maintained
(Department of Planning Services)
9 All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code (Department of
Planning Services)
10 The Property Owner shall maintain compliance with the accepted Landscape and Screening Plan
(Department of Planning Services)
11 The Property Owner shall maintain compliance with the accepted Decommissioning Plan (Department of
Planning Services)
12 At the conclusion of the extraction of aggregate resources from the defined mine boundary, the Hot Mix
Plant (Asphalt), Ready Mixed Batch Plant and Recycle operations shall be removed from the property
(Department of Planning Services)
13 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
RESOLUTION 2MJUSR21-02-1343
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PAGE 13
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)
14 I 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)
15 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)
16 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) '
17 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized
(Development Review)
18 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)
19 The property owner shall comply with all requirements provided in the executed Improvements
Agreement (Development Review) -
2
21
The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit and
possible updates (Development Review)
The historical flow patterns and runoff amounts on the site will be maintained (Development Review)
22 All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100 5,
C R S , as amended) shall be stored and removed forfinal disposal in a manner that protects against
surface and groundwater contamination (Department of Public Health and Environment)
23 In accordance with the Above Ground Storage Tank Regulations (7 CCR 1101-14) a spillage retention
berm shall be constructed around the tank battery Thevolume retained by the spillage berm should be
greater than the volume of the largest tank inside the berm Alternative protective measures may be
allowed provided they comply with the Above Ground Storage Tank Regulations (Department of Public
Health and Environment) )
24 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 ,as amended (Department of Public Health and -Environment)
25 Waste materials shall be handled, stored, and disposed in a manner that controlsfugitive dust, blowing
debris, and other potential nuisance conditions (Department of Public Health and Environment)
26 Fugitive dust shall be controlled on this site (Department of Public Health and Environment)
27 The facility shall operate in accordance with the fapproved 'dust control plan The facility shall have
sufficient equipment available to implement appropriate dust control Additional control measures shall be
implemented as required by the Weld County Health Officer (Department of Public Health and
Environment) ,
28 This facility shall adhere to the maximum permissible noise levels allowed in the lndustnal Zone as
delineated in 25-12-103 C R S The facility shall operate in accordance with the accepted noise modeling
report (Department of Public Health and Environment)
RESOLUTION 2MJUSR21-02-1343
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PAGE 14
29 The applicant shall remove, handle, and stockpile overburden, soil, sand, and gravel from the facility area
in a manner that will prevent nuisance conditions (Department of Public Health and Environment)
30 The facility shall utilize the existing public water supply (Central Weld CountyWater District) (Department
of Public Health and Environment)
31 If applicable, the applicant shall obtain a stormwater discharge permit from theColorado Department of
Public Health & Environment, Water Quality, Control Division (Department of Public Health and
Environment)
32 The operation shall comply with all applicable rules and regulations of theColorado Division of Minerals
and Geology (Department of Public Health and Environment)
33 All fuel tanks, septic tanks, temporary buildings, and any other hazardous items that might wash away
during flooding shall be securely anchored and adequatelyflood proofed to avoid creation of a health
hazard (Department of Public Health and Environment)
34 Adequate handwashing and toilet facilities shall be provided for employees andthe public (Department of
Public Health and Environment)
35 In the event the facility utilizes the residence on the property for commercial purposes, the septic system
shall be reviewed by a Colorado Registered Professional Engineer The review shall consist of
observation of the system anda technical review describing the system's ability to handle the proposed
hydraulic load The review shall be submitted to the Environmental Health Services Division of the Weld
County Department of Public Health and Environment If the system is found to be inadequately sized or
constructed, the system must be brought into compliance with current Regulations (Department of Public
Health and Environment)
36 Portable toilets may be utilized on sites that are temporary locations of the working face and portable
processing equipment, etc for up to six months ateach location (Department of Public Health and
Environment)
37 The operation shall comply with the Occupational Safety and Health Act (OSHA) (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 Any vehicle washing area(s) shall capture all effluent and prevent dischargesfrom drum washing and the
washing of vehicles in accordance with the WeldCounty Code, the Rules and Regulations of the Water
Quality Control Commission, and the Environmental Protection Agency (Department of Public Health and
Environment)
40 The operation shall submit an Air Pollution Emission Notice (A P E N ) and Emissions Permit Application
and obtain a permit from the Air Pollution Control Division, Colorado Department of Public Health and
Environment, as applicable (Department of Public Health and Environment)
41 Sewage disposal for the facility shall be by septic system Any septic system located on the property must
comply with all provisions of the Weld County Code,pertaining to On -Site Wastewater Treatment System
Systems (Department of Public Health and Environment)
42 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)
43 The facility shall notify the County of any revocation and/or suspension of any State issued permit
(Department of Public Health and Environment)
RESOLUTION 2MJUSR21-02-1343 ,
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PAGE 15
44 The operation shall comply with all applicable rules and regulations of State andFederal agencies and the
Weld County Code (Department of Public Health and Environment)
45 _ Portable toilets and bottled water are acceptable to provide drinking and sanitaryservices 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 WeldCounty 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)
46 Odors detected off site shall not exceed the level of seven -to -one dilution threshold, as measured
pursuant to Regulation 2 of the Colorado Air PollutionControl Regulations (Department of Public Health
and Environment)
47 A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map #08123C -1885F effective date September 17, 2020 (Unknown 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
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)
l
48 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)
49 At the time of reclamation an analysis of the change in the base flood elevation will be required If the
base flood elevation has change either 0 3 feet increase or decrease a Letter of Map Revision (LOMR)
will be required within six (6) months of reclamation (Department of Planning Services — Floodplain)
50 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, 2018 International Residential Code, 2020 International Energy Code, 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)
51 A building permit is required for any foundations, truck scale & scale house, cargo containers An
electrical permit for equipment on a sand & gravel mining operation (Department of Building Inspection)
52 I 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)
53 , 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)
RESOLUTION 2MJUSR21-02-1343
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PAGE 16
54 Construction or Use pursuant to approval of a Use by Special Review Permit shall be commenced within
three (3) years from sthe 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
55 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
send certified written notice to the landowner asking that the landowner request to vacate the Use by
Special Review Permit
56 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
57 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
RESOLUTION 2MJUSR21-02-1343
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county roads outside of municipalities The shee 9 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
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, June 7, 2022
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 Vice Chair,
Tom Cope, at 12:30 pm.
Roll Call.
Present: Tom Cope, Lonnie Ford, Skip Holland, Sam Gluck, Butch White, Pamela Edens, Michael Palizzi.
Absent: Elijah Hatch, Michael Wailes.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Angela Snyder, and Maxwell Nader and Melissa
King, Department of Planning Services; Lauren Light, Department of Health; Bruce Barker and Karin
McDougal, County Attorney, and Michelle Wall, Secretary.
Motion: Approve the May 3, 2022, Weld County Planning Commission minutes, Moved by Skip Holland,
Seconded by Sam Gluck. Motion passed unanimously.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
2MJUSR21-02-1343
READY MIXED CONCRETE COMPANY
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND SECOND MAJOR AMENDMENT
TO USE BY SPECIAL REVIEW PERMIT NO. USR-1343 FOR WET OPEN PIT
MINING AND MATERIALS PROCESSING AND IN -SITU WATER STORAGE
RESERVOIRS TO INCLUDE A MODIFICATION TO MINING STYLE FROM WET
TO OPEN DRY MINING (SAND. GRAVEL. STONE) AND PROCESSING OF
MINERALS, WITH ANCILLARY OPERATIONS AND EQUIPMENT INCLUDING A
READY -MIXED PLANT. A HOT MIX ASPHALT (HMA) BATCH PLANT.
EXPORTING OF AGGREGATES, CONCRETE AND ASPHALT RECYCLING.
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 THE NUMBER OF CARGO CONTAINERS ALLOWED BY
SECTION 23-3-30, UP TO TEN (10) CONEX CONTAINERS FOR STORAGE OF
EQUIPMENT AND MATERIALS FOR PLANT OPERATIONS AND
MAINTENANCE OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN
THE A (AGRICULTURAL) ZONE DISTRICT.
NE4/NW4SE4 AND SW4SE4/S2SW4 OF SECTION 28, T3N. R67W OF THE 6TH
P M.. WELD COUNTY, COLORADO.
SOUTH OF AND ADJACENT TO HIGHWAY 66; WEST OF AND ADJACENT TO
CR 19; NORTH OF AND ADJACENT TO CR 28.
Kim Ogle, Planning Services, presented Case 2MJUSR21-02-1343, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
along with conditions of approval and development standards. Planning staff has one amendment to the
PC Resolution, a modification to COA 1.B. The current language reads, "The applicant shall attempt to
address the concerns of the Town of Firestone as stated in their referrals dated November 18; 2021, and
February 26, 2022, including submitting an annexation agreement with a date certain to perfect this action.
Written evidence of such shall be submitted to the Weld County Department of Planning Services.
(Department of Planning Services)." The modified language is "The applicant shall attempt to address the
concerns of the Town of Firestone as stated in their referrals dated November 18, 2021, and February 26,
2022. Written evidence of such shall be submitted to the Weld County Department of Planning Services.
(Department of Planning Services)."
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Alex Schatz, Ready Mixed Concrete, 5775 Franklin Street, Denver, Colorado. Mr. Schatz said this site is
a daytime operation as an aggregate facility. They did include both a hot mix (asphalt) and a ready mixed
(concrete) batch plants on this application, however, it has not been determined if that will happen on this
site He said they expect to mine this site for 10 to 15 years The end use of this project is to be a water
storage facility
Mr Schatz explained that the current site access is off of County Road 28 into the property permitted for
the in -situ water storge facility A new access will be requested east of County Road 17 on County Road
28 for the proposed company maintenance facility access A new possibly shared Commercial access is
proposed to be off of Highway 66 He said they are willing to work on traffic issues
Mr Schatz said they concur with the staff report and request approval from the Planning Commission
n
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Linda Pyeatt, 13895 County Road 21, Platteville, Colorado Ms Pyeatt said they began meeting with the
applicant about a year ago to discuss this project They had concerns about the commercial access on
County Road 28 She said if they have an access off Highway 66, she does not think they should be
allowed to have a second access on County Road 28 Ms Pyeatt said that Highway 66 is a 2 -lane highway
with no shoulders The traffic is horrible She said there are improved intersections are on Highway 66
and County Road 19 and Highway 66 and County Road 13 Ms Pyeatt is concerned about the congestion
of traffic that will come through on US -85 through Platteville She hopes to see more traffic go west to I-
25 Ms Pyeatt said she would like to see a signal either at the pit entrance or at County Road 19 whether
it meets the CDOT warrants or not She does not want trucks using County Roads
Bruce Wilson, 2108 Kelley Drive, Longmont Mr Wilson said he has 2 farms on County Road 28; east of
County Road 19 He said that he has also been working with the applicants to try and figure out the best
solutions to better the neighborhood and entire process Mr Wilson said he would like Ready Mix to honor
the well monitoring agreements that neighbors had with Owens Brothers He does not think a batch plant
is compatible in the area and requests that language be removed from the USR at this time Mr; Wilson
agreed that truck traffic should use Highway 66 He said the access on this USR request is at County Road
28, if approved, they will use County Road 28 until an access is built on Highway 66 The intersection on
County Road 28 and County Road 19 is very dangerous
David Reitz, 10898 County Road 28, Fort Lupton, Colorado Mr Reitz and his wife live on County Road
28, to the east of the site His primary concern is the traffic on County Road 28 Mr Reitz is concerned
about trucks bypassing the route on Highway 66 to US -85 and using County Road 21 to connect to; County
Road 28, then east to US -85 He said traffic exceeds speed limits and it is dangerous with people driving
farm equipment He is also worried about the safety of neighbors walking dogs or riding horses He hopes
that there will be a signal light to control traffic on Highway 66 Mr Reitz stated a lot of people have died
on Highway 66 in the last 10 years
John Martini, 9268 County Road 28, Platteville, Colorado Mr Martini said he lives south and east of the
site He said he agrees with Mr Wilspn who brought up the ambiguities with the permit Mr Martini also
agrees the permit needs to clearly say the access will be off Highway 66 and not County Road 28 He is
worried about more accidents and added traffic in the area Mr Martini is also concerned about the added
changes to the application and their wells being damaged
i
Paul and Traci Perez, 8677 Highway 66, Platteville, Colorado They are the owners of Jasper's Boarding
Doggy Daycare Mr Perez said they are concerned about the traffic on Highway 66 As a business owner,
added truck traffic is a big issue He hopes that CDOT will put in a traffic light to help with traffic
Mr Perez was concerned about Condition of Approval 1 A that requested a letter from the applicant to
vacate SUP -240 He was worried that was his permit for his doggy day care business Mr Perez said he
did not receive any information in the mail regarding these changes
Ms Perez stated that with the added truck traffic on Highway 66, it will equate to a truck a minute going
past their property, home and business She said some of their clients are scared to bring their dogs
because of the traffic Customers have a hard time getting in and out of their property Ms Perez said they
report at least one accident a week at Highway 66 and County Road 19 She agrees,there should be a
stoplight
Commissioner Holland explained that an organization, cannot pay fora stop light because there are serious
warrants that must be met before a stop sign or a stop light can be put in He said he uses Highway 66
and understands everyone's' concerns Only the United States Government Federal Highway Department
can make the decision to add a traffic light
Freddy Marquez, 9673 State Highway 66, Platteville, Colorado Mr Marquez said he was just informed of
this application and hearing yesterday He is against the applicant's proposal Mr Marquez is upset that
the applicant didn't try harder to speak to their neighbors about their plans
Geoff Morns, 8553 Highway 66, Platteville, Colorado Mr Morns said his property is across the street from
the proposed access He is not looking forward to a line of trucks waiting to turn into the site right across
from his driveway It will be hard to pull his horse trailer out into traffic He also said he foresees,when he
is waiting to turn left into his driveway, he will have a long line of vehicles stopped behind him while he waits
to turn
Jim Flynn, 9163 County Road 28, Platteville, Colorado Mr Flynn lives a 14 mile east of the intersection of
' County Road 19 and County Road 28 He said there are 7 houses along County Road 28 between the
! intersections of County Road 19 and County Road 21 and the speed limit is 25mph No one drives 25mph,
he said they are lucky if people are driving 40mph Mr Flynn said a sheriff deputy once told him that they
call County Road 28 the Platteville Bypass They do not want more traffic on County Road 28
Becky Weinkauf, 10610 State Highway 66, Platteville, Colorado Ms Weinkauf stated that living near a
batch plant is not desirable She is concerned about a decrease with her property value Ms Weinkauf is
concerned about ground water and their wells being monitored She thinks that a batch plant is industrial
and is concerned about her health and air quality Ms Weinkauf shares concerns with her neighbors about
traffic and safety She said there are many bad accidents at the intersection of Highway 66 and County
Road 21 '
i
Mr Schatz apologized that some of the neighbors have not received any information from them He said
that is not intentional ,
Mr Schatz explained that there is a special use permit on the Ready Mix site for a dog kennel That is the
special use permit that they want to vacate, not the neighbor's kennel Jasper's Boarding Doggy Daycare
that is across the street I
Mr Schatz said they are still working with CDOT and they have the safety of everyone in mind They will
continue to find the best solution for traffic in the area, possibly meeting some warrants
Mr Schatz said that the batch plants would not be long term, but job attached They would be mobilized
for a couple months, then demobilized He said they will work with the neighbors
Mr Schatz said he is willing to speak to the neighbors after the meeting about their concerns They can
discuss water well monitoring agreements He said their process should not affect well levels
i
Motion Amend Condition of Approval 1 B as recommended by Staff Moved by Pam Edens, Seconded
by
y Lonnie Ford Motion passed unanimously
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
greement
Motion Forward Case 2MJUSR21-02-1343 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 Skip Holland, Seconded by Lonnie Ford
Vote Motion carried by unanimous roll call vote (summary Yes = 7)
Yes Butch White, Lonnie Ford, Michael Palizzi, Pamela Edens, Sam Gluck, Skip Holland, Tom Cope
Commissioner Cope mentioned that if a resource is available that will benefit the general public, the State
of Colorado requires the property is mined He encouraged the neighbors who came to this hearing to
attend the Commissioner's hearing as well
The Chair asked the public if there were other items of business that they would like to discuss No one
wished to speak
The Chair asked the Planning Commission members if there was any new business to discuss No one
wished to speak
Meeting adjourned at 4 41 pm
Respectfully submitted,
-huchaee, Witte -
Michelle Wall
Secretary
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