HomeMy WebLinkAbout20200631.tiff EXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION {AssZig --Qo-f
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Gene Stifle, 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 USR19-0071
APPLICANT: DPG FARMS, LLC AND CALVEN GOZA
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OPEN MINING (SAND. GRAVEL AND STONE) AND PROCESSING
OF MINERALS, INCLUDING RECYCLE OPERATIONS FOR CONCRETE AND
ASPHALT. ALSO INCLUDED IS A MINE OFFICE. SCALE HOUSE AND SCALE. A
FUELING/LUBRICATING STATION. PORTABLE GENERATORS, MOBILE MINING
EQUIPMENT PARKING AND STORAGE; EMPLOYEE AND VENDOR PARKING IN
THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION PART S2S2 AND N2SE4 OF SECTION 1 ; AND PART OF THE NW4SW4 AND N2
OF SECTION 12, ALL WITHIN T5N , R65W OF THE 6-" P.M. , WELD COUNTY.
COLORADO
LOCATION NORTH OF AND ADJACENT TO HOLLY AVENUE: WEST AND EAST OF
WELD COUNTY PARKWAY. APPROXIMATELY 600-FEET SOUTH OF EAST
8TH STREET (CR 60.5).
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 22-2-10. D states, Extraction of natural resources is an important part of the economy of
the County. Such extraction operations should minimize the impacts to agricultural lands and
agricultural operations. '
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 highway construction industries. The grazing 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.
Section 22-5-80.B. CM.Goal 2 states "CM . Goal 2. Promote the reasonable and orderly exploration
and development of mineral resources."
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. This site is located adjacent to the Cache Ia Poudre River and north of the South Platte
River corridors. The area is classified as Floodplain and Valley-fill deposits being water deposited
gravel . sand silt and clay along present stream courses and consists of sands ranging from coarse
gravelly stream sands to fine grained wind deposits. The project site is also adjacent and within
Stream-terrace deposits consisting of older stream deposits preserved as a bench flanking the
present Cache Ia Poudre stream course and consists of gravels, relatively clean and sound and
includes unevaluated aggregates per the Weld County Sand Gravel Resources map of 1974 .
Section 22-5-80.C CM.Goal 3 states "CM .Goal 3 . Minimize the impacts of surface and subsurface
mining activities on the surrounding land , land uses. roads and highways. "
The proposed mine may adversely impact the adjacent land uses. roads and possibly highways.
The rural nature of the area and the existing mining operations make the proposed mining operation
RESOLUTION USR19-0071
DGP FARMS. LLC AND CALVEN GOZA
PAGE 2
and reclamation plan compatible with surrounding land uses. Lands east of Greeley adjacent to the
Cache la Poudre River corridor have several open mining (sand. gravel and stone) and processing of
minerals. including recycle operations for concrete and asphalt and may also include concrete and
asphalt batch plants. permitted under Weld County land use permit numbers USR- 1760 (Varra
Companies); AmSUP-345 (Varra Companies current operator) ; USR14-0023 (Varra Companies)
and USR-1435 (Hall-Irwin . Burnco). Many if not all of these permitted facilities are located near or
within the Cache la Poudre River Floodway and Floodplain. To address impact to the area roads,
the Department of Public Works is requiring a Road Maintenance Agreement with up-front
improvements required for the proposed mine site. including the haul route from the mine entrance
as a Condition of Approval to be accepted by the Board of County Commissioners prior to
recording the USR map.
Section 22-5-70. D CM. Goal 4 states "Minimize hazardous conditions related to mining activities and
the mining site."
The proposed permit area is located east of the Weld County Parkway and near with Cache la
Poudre floodplain and floodway. Aggregate materials within the proposed permit area are
composed of stream and terrace deposits associated with the historic river corridor drainage system.
The terrace deposits within the proposed permit area extend from the surface or near-surface to a
variable depth of approximately 2. 5 to 7. 5 feet throughout the site. The gravel deposit thickness
ranges from 50 to 110 feet below the ground surface. The aggregate material will be recovered using
equipment typical for sand and gravel mining operations. Earth moving equipment may include. but
are not limited to dozers, loaders, scrapers, and excavators. The aggregate material from the pit will
be temporarily stockpiled within the pit or transported directly to the processing facility. 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.
Section 22-5-80. E CM . Goal 5 states "Provide for timely reclamation of all mining sites and promote
their beneficial reuse. "
Following temporary mining disturbances from the proposed DPG Pit. reclamation will take place
concurrently with mining activities. The current land use on the DPG Pit property is irrigated
agriculture lands and riparian corridor areas. The use of this land from irrigated agriculture lands and
riparian corridor lands will change to water storage reservoirs and retain the riparian corridor areas
for conveyance of waters associated with the Cache la Poudre River. Most of the land surrounding
the proposed permit area has similar uses of river corridor, gravel mining and commercial and
industrial business to the north. With the river corridor being undeveloped land in the surrounding
area. maintaining this land as a river corridor is of vital importance in helping preserve those qualities
that make a river or stream suitable as a habitat for wildlife, a site for recreation, and a source for
domestic and other water uses. These corridors also allow the free movement of wildlife from area to
area within the region, help control erosion and river sedimentation. and help absorb floodwaters
consistent with the more regional land uses and for the continuation of agricultural operations.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
Section 23-3-40.S of the Weld County Code provides for a Site Specific Development Plan and a
Special Review Permit for open mining (sand . gravel and stone) and processing of minerals,
including recycle operations for concrete and asphalt. Also included is a mine office/scale house and
scale, a fueling/lubricating station, portable generators. mobile mining equipment parking and
storage; employee and vendor parking in the A (Agricultural) Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent lands consist of agricultural uses. mining, the river corridor, rural residences.
commercial and industrial development and uses including the Weld County CNG fueling station to
RESOLUTION USR19-0071
DGP FARMS. LLC AND CALVEN GOZA
PAGE 3
the south and the Greeley-Weld County Airport to the north. The closest residence outside of the
DRMS permit boundary is about 50-feet south of Holly Avenue and is party to this permit. This
structure may be utilized as part of the company operations and if the use is other than a residence a
change of use permit will be required through the Department of Building Inspection. The next closest
residence is located approximately 800-feet west of the DRMS permit boundary west of the Weld
County Parkway, and the next nearest residence is located approximately 900-feet south of the
DRMS permit boundary.
There are multiple USRs within one mile of the site. As previously stated, there are land use permits
for mining operations, several oil and gas support and service facilities. guest farm and hunting
facility oil and gas production facilities, the Greeley Weld County Airport. the State of Colorado
Shooting Range, Class II Injection well. water storage for beneficial use. several feedlots and
construction businesses.
The Weld County Department of Planning Services sent notice to seventeen (17) Surrounding
Property Owners. Planning staff received no written correspondence but did receive a telephone call
of inquiry about the application and the surrounding property owner's ability to have their opinion
heard . Planning staff indicated that written correspondence may be submitted up to and during the
Planning Commissioners hearing and will be inventoried as a part of the official record for the case.
The location of the batch plant is to be located near the center of the mine permit area near the
existing improvements associated with the existing ranch house and outbuildings and per the
associated permit maps. at the terminus of Holly Avenue.
The applicant has been in contact with the Surrounding Property Owners and conducted a
community meeting on January 27, 2020. In their letter dated January 10. 2020 the miner. J-2
Contracting Company, states . . we are hosting a community meeting where we will have
representatives on hand to discuss all aspects of the proposed Sand and Gravel mine project in your
area. We have included a map of the area we have permitted through the State of Colorado Division
of Reclamation. Mining, and Safety. This area is currently under review with Weld County for a Use
by Special Review Permit. "
The community meeting will be held at the Greeley Recreation Center Room 101 located at 651 10th
Avenue. Greeley, Colorado 80631 at 5: 30 P. M. on January 27, 2020. The applicant's letter stated
"We hope to see you there so we may discuss the project with you. Food and drinks will be provided."
This invitation was sent by Certified Mail to seventeen (17) surrounding property owners. There were
seven (7) owners present in addition to the applicant's (property owners and miner) and their
consultant. The application team provided background and mining information via a power point
presentation to discuss and show what areas will be mined and reclaimed. traffic patterns and haul
route, ground water modeling and monitor well locations, dust control and mitigation, noise study. and
the location of a couple of downcast lights in addition to the existing yard light at the existing buildings
near the center of the property.
The Conditions of Approval require that the applicant submit an Emergency Action and Safety Plan ,
an accepted Noise Abatement Plan, an Improvements Agreement (for roads and traffic) a Lighting
Plan and a Screening Plan. 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 two (2) municipalities, the Town of Kersey
and City of Greeley, and is it located within the existing Intergovernmental Agreement Area /
Coordinated Planning Area of the Town of Kersey.
RESOLUTION USR19-0071
DGP FARMS. LLC AND CALVEN GOZA
PAGE 4
The Town of Kersey 2016 Comprehensive Plan Future Land Use — Large Scale map identifies this
project site as Underdetermined Use. The Town has defined this category as "these areas are
located outside the Urban Growth Areas. At this time. agriculture and agriculture-related businesses
are the primary land use. It will be some time before infrastructure can support urban-level
development in these areas. Future land use will be determined in cooperation with the landowners
at the time of development. "
The City of Greeley is also within the three (3) mile referral area but does not have an
Intergovernmental Agreement / Coordinated Planning Area agreement with Weld County. The City of
Greeley Comprehensive Plan entitled "Imagine Greeley was adopted February 6, 2018. The City of
Greeley Comprehensive Plan mapping identifies this area as having land's with known gravel
resources, per the undated Gravel Resources and Mining map prepared May 26, 2016. The City of
Greeley Land Use Guidance map, undated and prepared December 1 . 2017. identifies the project
area as open lands and natural area, ideally City owned per the Map Legend.
The City of Greeley, City of Evans and Town of Kersey submitted a joint referral dated January 8 ,
2019 stating that in 2019. Kersey. Evans, and Greeley adopted an intergovernmental agreement
(KEG-IGA) related to land use in areas of shared interest, primarily along the South Platte River
corridor. Because the subject site is located within the Kersey. Evans. and Greeley Cooperative
Planning Area , the municipalities subject to the intergovernmental agreement have elected to
provide a coordinated response to relay the collective perspective of the nearby localities. The
agreement is specific to land use. growth boundaries and future annexations between Kersey,
Evans and Greeley and is dated April 9, 2019 and recorded June 5. 2019.
In the January letter it is stated "The municipalities recognize the right of landowners to develop ,
respect the authority of Weld County's jurisdiction regarding the proposal , and understand the
State's interest in natural resource recovery. . . " There is additional narrative on the mine
location , the importance of gravel extraction while incorporating efforts to preserve and restore
the ecological value of the river system . The letter identifies several land use plans, the Land
Use Guidance Map from the Imagine Greeley Comprehensive Plan, the Kersey Comprehensive
Plan. and the Comprehensive Cache la Poudre Greenway Guide directing the requirement to
"pay special attention to the recreational and ecological worth of the subject site by exploring
and incorporating methods to minimize habitat disruption , maximize recreational opportunity;
and mindfully restore ecological resources. "
The letter requests the applicant discuss preservation of open space with Kersey and Greeley
staff: provide findings to Kersey, Evans. and Greeley on the ". . . ecological, cultural. and
historically significant features of the site and identify preservation efforts . . . "; consider the
KEG-IGA to " . . . prohibit the industrial uses such as batch plants and outdoor storage within the
site: modify the state approved reclamation plan to primarily include wetlands and small natural-
looking ponds. . . "; and Work with Greeley staff to protect a route and establish an easement
for the future construction of the Poudre Trail and a trail along the South Platte that are intended
to join at the confluence per the 2016 Greeley Parks. Trails and Open Lands Master Plan . "
Weld County is not party to the 2019, Kersey, Evans, and Greeley adopted an intergovernmental
agreement (KEG-IGA) related to land use in areas of shared interest. primarily along the South
Platte River corridor.
The applicant, applicant's consultant and property owner met on January 29, 2020 with
representatives with the Town of Kersey and City of Greeley prior to the Planning Commission
hearing to discuss the January 8, 2020 referral. Discussion between all parties addressed the
concerns raised in the referral , specifically the value of the ongoing stewardship of the land , the
family legacy of managing the resource and the potential for future uses on the land including
water storage and the potential of extending the Poudre River Trail out to the confluence of the
Cache la Poudre and South Platte Rivers located to the east of the USR boundary. There was
also discussion about a conservation easement on the land after mining activities and
RESOLUTION USR19-0071
DGP FARMS . LLC AND CALVEN GOZA
PAGE 5
reclamation of the land .
Per the application materials. the applicant is proposing to mine the property retaining the river
corridor for the preservation of vegetation growing near the river, maintain wildlife habitats and wildlife
migration corridors and will enhance water quality by filtering sediment from runoff; protect the
existing river banks from erosion and provide storage of water during flood events. The reclamation
plan approved by the Division of Reclamation Mining Safety will result in several water storage
reservoirs on site and the longer term leases held for hunting by interested parties by the property
owner.
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 Geologic Hazard Overlay District or MS4 - Municipal Separate Storm
Sewer System area. The project site is within a Special Flood Hazard Area according to the Federal
Emergency Management Agency Flood Insurance Rate Map (FIRM) Community Panel No.
08123C1561 E, revised January 20, 2016. Portions of the project site lie within Zone AE. which is
within the 100-year floodplain. All structures will be anchored to protect against flooding and all
electrical components will be installed a minimum of 1 foot above the 100-year flood elevation and
the Greeley-Weld County Airport "Airport Layout Plan. Sheet 8 of 21 "Airport Airspace Drawing" dated
December 2016 and is identified as within the Airport Overlay District area.
Building Permits issued on the lot will be required to adhere to the fee structure of the County-Wide
Road Impact Fee Program . County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The proposed mine site is located entirely on "Other Land" per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. There will be no prime agricultural land removed due to
mining .
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 address the requirements of the Colorado Division of Water Resources, as stated
in the referral response dated December 13, 2019. Written evidence of such shall be submitted to
the Weld County Department of Planning Services. (Colorado Division of Water Resources)
B. The applicant shall attempt to address the requirements of the New Cache La Poudre Irrigating
Company. as stated in the referral response dated January 6, 2020. Written evidence of such shall
be submitted to the Weld County Department of Planning Services. (New Cache La Poudre Irrigating
Company)
C. The applicant shall attempt to address the requirements of the joint referral from the City of Greeley.
RESOLUTION USR19-0071
DGP FARMS. LLC AND CALVEN GOZA
PAGE 6
City of Evans and Town of Kersey. as stated in the referral response dated January 8, 2020. Written
evidence of such shall be submitted to the Weld County Department of Planning Services. (City of
Greeley, City of Evans and Town of Kersey)
D. A Communication Plan shall be submitted to and approved by the Department of Planning Services.
(Department of Planning Services)
E. A Lighting Plan shall be submitted for nighttime operations, as applicable. to. and approved by. the
Department of Planning Services. (Department of Planning Services)
F. A Screening Plan shall be submitted to and approved by the Department of Planning Services that
precludes chain-link fencing with slats and screens the site from the Surrounding Property Owners
and public rights-of-way. (Department of Planning Services)
G . An Improvements and Road Maintenance Agreement with Up-front Off-site Improvements and
Triggered Off-site Improvements is required for this project is required for off site improvements
at this location. Road maintenance includes, but is not limited to, dust control and damage repair to
specified haul routes. The Agreement shall include provisions addressing engineering requirements,
submission of collateral , and testing and approval of completed improvements. (Department of Public
Works)
H. As the existing on-site waste water treatment system (OWTS) for the residence (SP- 1700268) may
be utilized for business use. the OWTS shall be reviewed by a Colorado registered professional
engineer to determine sizing limitations. The review shall consist of observation of the system and a
technical review describing the system's ability to handle the proposed use. The review shall be
submitted to the Environmental Health Services Division of the Weld County Department of Public
Health and Environment. In the event the system is found to be inadequately sized for the proposed
use. the system shall be brought into compliance with current OWTS regulations or a new OWTS
may be installed. (Department of Public Health and Environment)
I. The existing domestic well permitted as 30883 shall be re-permitted to allow for commercial use.
(Department of Public Health and Environment)
J . The applicant shall address the requirements of the Department of Building Inspection, as stated in
the referral response dated January 21 , 2020. Written evidence of such shall be submitted to the
Weld County Department of Planning Services. (Department of Building Inspection)
K. The applicant shall submit in writing a request to vacate and withdraw SUP-425.
L. The map shall be amended to delineate the following:
1 . All sheets of the map shall be labeled USR19-0071 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260. D of the Weld County
Code. (Department of Planning Services)
4. The applicant shall delineate on the map the trash collection areas. Section 23-3-350. H
of the Weld County Code addresses the issue of trash collection areas. (Department of
Planning Services)
5. The map shall delineate the opaque (privacy) screening in accordance with the
approved Screening Plan. (Department of Planning Services)
6. The map shall delineate the onsite lighting for night-time operations, if applicable, in
accordance with the approved Lighting Plan , as applicable. (Department of Planning
RESOLUTION USR19-0071
DGP FARMS. LLC AND CALVEN GOZA
PAGE 7
Services)
7. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division
2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of
Planning Services)
8. The map shall delineate the parking area for the mine vehicles, mine equipment,
vendors, and employees. (Department of Planning Services)
9. Holly Avenue is a paved 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. (Department of Public Works)
10. The County Highway (County Road 49) is designated on the Weld County Functional
Classification Map as an arterial road which typically requires 140 feet of right-of-way at
full build out. The alignment of the road widening project varies along the section line for
the corridor. Contact Public Works for the location of the existing and future right-of-way
and easements and delineate these on the site plan. This road is maintained by Weld
County. (Department of Public Works)
11 . Show and label the approved access location. The applicant must obtain an access
permit in the approved location prior to construction. (Department of Public Works)
12. Show and label the approved tracking control on the site plan. (Department of Public
Works)
13. Show and label the entrance gate if applicable. An access approach that is gated shall
be designed so that the longest vehicle (including trailers) using the access can
completely clear the traveled way when the gate is closed. In no event. shall the
distance from the gate to the edge of the traveled surface be less than 35 feet.
(Department of Public Works)
14. Show and label the drainage flow arrows. (Department of Public Works)
15. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
16. 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)
17. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated
on the map per the setback requirements of 23-3-50. E of the Weld County Code.
(Department of Planning Services)
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)
RESOLUTION USR19-0071
DGP FARMS, LLC AND CALVEN GOZA
PAGE 8
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 off-site improvements described in the Improvements and Road Maintenance
Agreement with Up-front Improvements section and tracking control shall be constructed prior to
on-site construction. (Department of Public Works)
B. If more than one (1 ) acre is to be disturbed for construction outside of the gravel mining area. a
Weld County grading permit will be required. (Department of Public Works)
C. Any construction in the floodplain requires a floodplain permit. (Department of Planning Services
- Floodplain)
5. Prior to Operation - Mining
A. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency
Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility
operator, the Fire District and the Weld County Office of Emergency Management. Submit
evidence of acceptance to the Department of Planning Services. (Department of Planning
Services)
B. Accepted construction drawings and construction of the off-site roadway improvements are
required prior to operation. (Department of Public Works)
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 Tom Cope.
VOTE:
For Passage Against Passage Absent
Bruce Johnson
Michael Wailes
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Elijah Hatch
Skip Holland
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
RESOLUTION USR19-0071
DGP FARMS. LLC AND CALVEN GOZA
PAGE 9
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 February 4, 2020.
Dated the 41" of February, 2020
Michelle Wall
Secretary
RESOLUTION USR19-0071
DGP FARMS, LLC AND CALVEN GOZA
PAGE 10
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPM ENT STANDARDS
DPG Farms LLC
J-2 Contracting Company
USR19-0071
1 . Site Specific Development Plan and Use by Special Review USR19-0071 . for open mining (sand. gravel
and stone) and processing of minerals, including recycle operations for concrete and asphalt. Also
included is a mine office/scale house and scale, a fueling/lubricating station, portable generators, mobile
mining equipment parking and storage: employee and vendor parking 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. 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)
4. The number of on-site employees shall be up to twenty (20). (Department of Planning Services)
5. The parking area for mine equipment, vendors and employees on the site shall be maintained.
(Department of Planning Services)
6. All signs shall adhere to Chapter 23. Article IV, Division 2 and Appendices 23-C. 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
7. The proposed screening on the site shall be maintained in accordance with the approved Screening Plan.
(Department of Planning Services)
8. The Property Owner shall maintain compliance with the Communication Plan. (Department of Planning
Services)
9. 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)
10. 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)
11 . 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. (Department of Public Works)
12. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off-site tracking. (Department of Public Works)
13. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Department of Public Works)
14. 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. (Department of Public Works)
RESOLUTION USR19-0071
DGP FARMS. LLC AND CALVEN GOZA
PAGE 11
15. The applicant shall comply with all requirements provided in the executed Improvements and Road
Maintenance Agreement with Up-front Improvements. (Department of Public Works)
16. The Improvements Agreement for this site may be reviewed on an annual basis. including a site visit and
possible updates. (Department of Public Works)
17. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
18. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
19. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5.
C . R. S.) shall be stored and removed for final disposal in a manner that protects against surface and
groundwater contamination. (Department of Public Health and Environment)
20. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and
Facilities Act. 30-20-100.5. C. R. S. (Department of Public Health and Environment)
21 . Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions, blowing debris. and other potential nuisance conditions. The facility shall operate in
accordance with Chapter 14, Article 1 of the Weld County Code and the accepted waste handling plan.
(Department of Public Health and Environment)
22. Fugitive dust should attempt to be confined on the property. Uses on the property shall comply with the
Colorado Air Quality Commission's air quality regulations and the accepted approved dust abatement
plan for the site. (Department of Public Health and Environment)
23. The operation shall submit an Air Pollution Emission Notice (A. P. E. N .) and Emissions Permit Application
and obtain a permit from the Air Pollution Control Division , Colorado Department of Public Health and
Environment, as applicable. (Department of Public Health and Environment)
24. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in 25-12-103 C. R. S. The facility shall operate in accordance with the accepted noise study.
(Department of Public Health and Environment)
25. The operation shall remove, handle, and stockpile overburden, sand, soil and gravel from the facility area
in a manner that prevents nuisance conditions. (Department of Public Health and Environment)
26. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and patrons of the
facility, at all times. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. The existing well (permit 30833) cannot be used for the business unless it is re-permitted for
business use. (Department of Public Health and Environment)
27. 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)
28. Portable toilets and bottled water are acceptable to provide drinking and sanitary services to the site.
Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and
available for review by the Weld County Department of Public Health and Environment. Portable toilets
shall be serviced by a cleaner licensed in Weld County. contain hand sanitizers and shall be screened
from residences within one-half mile of the facility and high-volume roads in consultation with the
Department of Public Works. (Department of Public Health and Environment)
29. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance
RESOLUTION USR19-0071
DGP FARMS, LLC AND CALVEN GOZA
PAGE 12
with the Rules and Regulations of the Water Quality Control Commission, and the Environmental
Protection Agency. (Department of Public Health and Environment)
30. If applicable. the operation shall obtain a stormwater or other discharge permits from the Colorado
Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health
and Environment)
31 . The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank
Regulations. (Department of Public Health and Environment)
32. All chemicals must be handled in a safe manner in accordance with product labeling. All chemicals must
be stored secure. on an impervious surface, and in accordance with manufacturer's recommendations.
(Department of Public Health and Environment)
33. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Reclamation Mining and Safety. (Department of Public Health and Environment)
34. The operation shall comply with the Mine Safety and Health Act (MSHA). (Department of Public Health
and Environment)
35. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
36. The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code. (Department of Public Health and Environment)
37. 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- 1561E effective date January 20, 2016 (South Platte RiverFloodplain).
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)
38. 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)
39. Should human remains be discovered during mining activities. the requirements under State Law C. R. S.
Part 13 apply and must be followed. (Department of Planning Services)
40. Lighting shall be maintained in accordance with the approved Lighting Plan. as applicable. (Department of
Planning Services)
41 . Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties.
Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in
accordance with the map. Neither the direct, nor reflected. light from any light source may create a traffic
hazard to operators of motor vehicles on public or private streets. No colored lights may be used which
may be confused with, or construed as, traffic control devices. (Department of Planning Services)
RESOLUTION USR19-0071
DGP FARMS. LLC AND CALVEN GOZA
PAGE 13
42. Building permits may be required , for any new construction or set up 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
Currently the following has been adopted by WeldCounty: 2018 International Building
application. Cu e tly olio g
Codes: 2018 International Residential Code; 2006 International Energy Code; 2017 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 Budding Inspection)
43. As applicable. if any Single-Family Dwelling is utilized as commercial offices, the use will require a
building permit for a change of use from Single Family Dwelling to Commercial Offices and shall include a
complete code analysis prepared by a registered design professional is required and shall be submitted
with All Commercial Building Permit Applications to Weld County. A Floor Plan shall be submitted
showing room dimensions, uses. along with details showing compliance with Accessibility requirements
and currently adopted building codes. (Department of Building Inspection)
44. The property owner or operator shall be responsible for complying with the Open-Mining Standards of
Chapter 23, Division 4 of the Weld County Code. (Department of Planning Services)
45. Necessary personnel from the Weld County Departments of Planning Services, Public Works. and Public
Health and Environment shall be granted access onto the property at any reasonable time in order to
ensure the activities carried out on the property comply with the Conditions of Approval and Development
Standards stated herein and all applicable Weld County regulations. (Department of Planning Services)
46. 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)
47. 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.
48. 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,
RESOLUTION USR19-0071
DGP FARMS. LLC AND CALVEN GOZA
PAGE 14
silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities;
shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields.
including the use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County. Section 35-3.5-102 . C. R.S. , provides that an agricultural operation shall not
be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
Water has been. and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County. property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4, 000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3.700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their
jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed .
will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that
roads from subdivisions to arterials may not be cleared for several days after a major snowstorm.
Services in rural areas, in many cases. will not be equivalent to municipal services. Rural dwellers must,
by necessity. be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting . Farm
equipment and oil field equipment. ponds and irrigation ditches, electrical power for pumps and center
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.
EXHIBIT
` _- SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
! 1- I 10 R19 -eel
� Tuesday, February 4, 2020
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street; Greeley, Colorado. This meeting was called to order by Chair,
Michael Wailes. at 12: 30 pm.
Roll Call.
Present: Michael Wailes, Gene Stille, Tom Cope, Lonnie Ford, Richard Beck.
Absent: Bruce Johnson, Elijah Hatch . Skip Holland .
Also Present: Kim Ogle and Diana Aungst Department of Planning Services: Lauren Light, Department of
Environmental Health; Mike McRoberts and Zack Roberson . Public Works: Bob Choate, County Attorney.
and Michelle Wall. Secretary.
CASE NUMBER. USR19-0071
APPLICANT. DPG FARMS, LLC AND CALVEN GOZA
PLANNER KIM OGLE
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OPEN MINING (SAND. GRAVEL AND STONE ) AND
PROCESSING OF MINERALS. INCLUDING RECYCLE OPERATIONS FOR
CONCRETE AND ASPHALT. ALSO INCLUDED IS A MINE OFFICE. SCALE
HOUSE AND SCALE . A FUELING/LUBRICATING STATION, PORTABLE
GENERATORS. MOBILE MINING EQUIPMENT PARKING AND STORAGE:
EMPLOYEE AND VENDOR PARKING IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL DESCRIPTION. PART S2S2 AND N2SE4 OF SECTION 1 , AND PART OF THE NW4SW4 AND
N2 OF SECTION 12. ALL WITHIN T5N. R65W OF THE 6TH P. M.. WELD
COUNTY. COLORADO
LOCATION : NORTH OF AND ADJACENT TO HOLLY AVENUE: WEST AND EAST OF
WELD COUNTY PARKWAY: APPROXIMATELY 600-FEET SOUTH OF EAST
8TH STREET (CR 60.5).
Kim Ogle, Planning Services. presented Case USR19-0071 , reading the recommendation and comments
into the record. The City of Greeley. City of Evans and Town of Kersey submitted a joint referral dated
January 8. 2020 that explained the 3 towns adopted an intergovernmental agreement (KEG-IGA) related
to land use in areas of shared interest, primarily along the South Platte River corridor. The letter requests
the applicant discuss preservation of open space and provide findings to the 3 towns. Weld County is not
party to the 2019 KEG-IGA. The applicant, applicant's consultant and property owners met on January 29,
2020 with the Town of Kersey and the City of Greeley to discuss the referral. specifically the value of the
ongoing stewardship of the land. the family legacy of managing the resource and the potential for future
uses on the land including water storage and the potential of extending the Poudre River Trail. The
applicant is proposing to mine the property retaining the river corridor for the preservation of vegetation
growing near the river, maintain wildlife habitats and wildlife migration corridors and will enhance water
quality, protect riverbanks from erosion. and provide storage of water during flood events.
Staff received one phone call of inquiry about the application and one letter from James Matthews who
resides at 1685 Holly Avenue. Mr. Matthews expressed concerns regarding traffic movement at Holly
Avenue and the Parkway. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards.
Mike McRoberts. Public Works, reported on the existing traffic, access to the site and drainage conditions
for the site.
Commissioner Ford asked staff if Holly Avenue dead ended on the applicant's property. Mr. Ogle said that
is correct.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements. on-site
dust control. and the Waste Handling Plan. Staff recommended to amend Development Standard 22 by
changing the word "approved" to 'accepted".
JC York, J & T Consulting Inc, 305 Denver Avenue, Suite D. Fort Lupton, Colorado. Mr. York explained
that they received approval for the DRMS Permit on October 3. 2019. He said the project has 5 phases:
mining will begin in Phase 1 and move from east to west. Pit run will be extracted using dozers, excavators,
loaders, haul trucks. scrapers and be placed on a conveyor to be transferred to the processing facility which
is located in the center of the permit area. There will be stockpiles with washing and screening to create
concrete rock. sand, and structural fill. Mr. York said there will be a road base plant to make topsoil and
overburden. There will be a recycling pile for concrete and asphalt. He said they have the capability to put
up a temporary batch plant if needed . Dust control will include watering on haul roads and stockpiles or
magnesium chloride may be used. Mr. York said reclamation will occur as mining progresses leaving 3: 1
slopes for the finished reservoirs with approximately 2 . 000 acre-feet of storage. There will be a scale house
located on the site.
Jeff Kwolkoski, Wave Engineering. 1100 W Littleton Blvd #420, Littleton. Colorado. Mr. Kwolkoski
explained they completed a noise study of the mining project. He said they use a noise prediction software
to predict the noise level as it travels out away from the site to neighboring properties. Mr. Kwolkoski
presented a noise level contour map displaying the sound levels with mining operations at full capacity.
The highest level at the property boundary is 70 dBA or less so the 80 dBA is met. He said the daytime
residential limit of 55 dBA is met at the closest homes.
Commissioner Stille asked the applicant if the noise study includes the possibility of an added batch plant.
The applicant responded that it did not but that he would not expect the noise level to be any different than
what is predicted on the map.
The Chair asked Mr. Kwolkoski how accurate their sound models are and if they go back and take actual
readings of the operation sites. Mr. Kwolkoski said there is not a requirement to do that but if they have the
opportunity to go back. they do. He explained that when they project noise levels. they project for the worst
case scenario. Actual noise levels are usually lower than higher from the predicted noise levels.
Mr. York said there will be an 8-foot downcast light located at the scale house. He said there will be a 12-
foot downcast light located at the processing plant control trailer. Mr. York said no wetlands will be impacted
and there will be no impact to threatened or endangered species.
The Chair called a recess at 1 :44 pm and reconvened the hearing at 2: 00 pm.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Christian Morgan, Town Manager for the Town of Kersey. 332 3`d Street Kersey, Colorado. Mr. Morgan
stated he appreciated the relationship the Town of Kersey has with Weld County. He said in 2016. the
Town of Kersey updated its Comprehensive Plan and the growth management area included the area the
applicant is discussing today. The Town of Kersey determined that area as Undetermined Use because
there was so many different things that were being contemplated in that area and the Parkway had just
opened. At that time, DPG Farms was known as a hunting preserve and was very complementary with
what the Town felt should remain as is. Mr. Morgan said following the annexation of the Platte River Fort.
the Town of Kersey began working with the Weld County Commissioners towards annexing in the Weld
County Parkway Right of Way which was successfully completed in 2017. He explained how the Town of
Kersey started meeting with the City of Greeley and the City of Evans to discuss how the east side of
Greeley and the north side of Kersey could be protected and keep the areas like the Fort preserved. Mr.
Morgan said they are concerned about traffic. He said there are already 4, 000 vehicles that travel along
the Weld County Parkway and 44% of the vehicles are heavy truck traffic. Mr. Morgan stated that they
appreciate that the applicant has gone through the proper process of getting State permitting done and has
followed all the rules and regulations imposed upon them. He said he would respectfully request that the
applicant update or improve the traffic study in 5 years.
Justin Scharton. Natural Areas & Trails Division Superintendent for the City of Greeley, 321 North 16'r'
Avenue, Greeley. Colorado. Mr. Scharton said he is concerned about the impacts on the riparian habitat
in the wetlands and is happy to hear the applicant is avoiding these areas of concern. He also expressed
concern about lighting and asked if the applicant could use full cut off lighting. Mr. Scharton said there was
discussion of a possible partnership with the applicant for a conservation easement agreement. The City
of Greeley is interested in possible trail corridors in this area. They asked the applicant about the possibility
of a trail easement and the applicant declined because of the concern of shooting/hunting in the area.
Commissioner Beck asked Mr. Scharton if they have funds to purchase the private property in this area to
do the projects the City wishes to do. Mr. Scharton said at this time, the City does not have any dedicated
funding for this project. Commissioner Beck expressed that he felt the City is a little late in the game to do
a project on this property that is privately owned. Mr. Scharton said they are preparing to go in front of the
City Council to present an option to move forward on a dedicated sales tax for open space and trails.
The Chair commented that where 2 rivers come together, there is going to be an abundance of resources.
He said he is continuously amazed that when long range planning is done for areas like this, extracting
resources is forgotten. Commissioner Wailes suggested the City work with developing partnerships so that
in the future some of these projects can be done.
Commissioner Stille said he agreed with Commissioners Beck and Wailes that it will be hard to put a trail
across private property but suggested the City work with the State on possibly acquiring some land along
County Road 60. 5 for a trail.
Brad Mueller. Director for Community Development for the City of Greeley. 1100 10th Street. Greeley,
Colorado. Mr. Mueller stated he appreciated the opportunity to provide some context on how the Towns
appreciate the County's work in this regard, the applicant's property rights, and what the Towns see as a
great opportunity for future planning. He said this area is known as the National Poudre Heritage Area.
The area is defined by the confluence. Mr. Mueller shared that the National Poudre Heritage Area
Headquarters are now based at the Poudre Learning Center. One of their main missions is to help folks
understand the importance and the role that Colorado and Northern Colorado have in contributing to the
development of Western water law. Mr. Mueller shared more historical facts about this area and explained
that is the reason the City is interested in partnering with others to preserve the area.
Commissioner Stille suggested that the City put together an educational program together at the Poudre
Learning Center and invite the County Commissioners, the Planning Commission , County Council to go
over all the historical history in the area.
The Chair closed public comment.
The Chair asked the applicant if they would have any objection to having more traffic studies done to keep
pace with growth. Mr. York responded that with his experience with previous improvement agreements.
that is a typical that improvements can be required at any time.
The Chair asked staff if they had any comments. Mike McRoberts said that Development Standard 16
states that the improvements agreement for this site may be reviewed on an annual basis including a site
visit and possible updates. Mr. McRoberts said he would also like to propose new language for Condition
of Approval 1 . G to read "An Improvements and Road Maintenance Agreement with Up-front Off-site
Improvements and Triggered Off-site Improvements is required for this project. 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."
Commissioner Ford stated that there should be an acceleration lane on Weld County Parkway to prevent
accidents from happening. He said he thinks it will be a dangerous area without one.
The Chair asked the applicant for further detail on their reclamation timelines. Mr. York said that they do
set some milestones but some of the details will be figured out after they set up the storage agreement.
Commissioner Cope commented that it is typical for sand and gravel pits to have to put up a significant
bond for reclamation and would want to complete reclamation as quickly as possible for bond release. Mr.
York said that is correct and explained the bonding process with further detail. Commissioner Cope asked
the applicant if each phase has its own separate wall between the water reservoir ponds. Mr. York said
that is correct except Phase 1 and 2 are combined for the first reservoir.
The Chair asked Staff if there was a referral from the Division of Wildlife. Mr. Ogle said they did not receive
comments. Commissioner Wailes asked the applicant what plans they have for protecting the habitat in
the area. Mr. York said they did a wetlands review and had the US Army Corps of Engineers do a
jurisdictional determination to show where they shouldn't mine. Mr. York said they are staying 150 feet
away from the Poudre River and they are not near the South Platte River. He said they are bound by
federal rules and regulations.
Mr. York said if a batch plant is ever put up on the site. it will be taken down after the mining is complete.
The Chair asked Staff for any changes to the Resolution .
Mike McRoberts said he would also like to propose new language for Condition of Approval 1 .G to read "An
Improvements and Road Maintenance Agreement with Up-front Off-site Improvements and Triggered Off-
site Improvements is required for this project. 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. "
Motion : Amend Condition of Approval 1 . G as stated by Staff. Moved by Richard Beck, Seconded by
Tom Cope. Motion carried unanimously.
Lauren Light recommended to amend Development Standard 22 by changing the word "approved" to
"accepted".
Motion : Amend Development Standard 22 as stated by Staff. Moved by Gene Stille, Seconded by Tom
Cope. Motion carried 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.
Motion : Forward Case USR19-0071 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 Gene Stille, Seconded by Tom Cope.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).
Yes: Gene Stille. Lonnie Ford, Michael Wailes, Richard Beck, Tom Cope.
Meeting adjourned at 2 : 57 pm.
Respectfully submitted.
ga
Michelle Wall
Secretary
ATTENDANCE RECORD
NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL
John Doe 123 Nowhere Street, City, State, Zip
1_
I(ccy (, 't' V) _ i l LI B L4 C R- 1 R (-i L . 1m},m - On 80(0 z ( 4erex 6) ' - e.1
0 k4n7teTco \ in. . lo4,g4, Ck 1 F ' . $--tom C 0 5.0 c/ a/ Q NJ 306 6 aA;f.
At 14+-1 d e,crow YMi 5'$ ZI v ex. 5'/ £.Gc.ivot co Ws, Z Aa .. o. Alf d to • .T /[ . e€7 'A
enia-±3-- Leo E /15 O 'c Or f(rar A -/O/f ,�Ct cc stsZc enecac,Sa7,ic 2c ,S eat
, _ jtp \ a'
;i It 2 � 7 Cl- . Ye?-V1 'oc a-flier Ii L_ te.__p, R, L f / Co 2.64-7.,, j c ar-A te).- 'ed•,t.•. jt' . c.f..
Gc'"f 'AiwOL Z .T Al POP L fin Erb,i6449 t z* LI-Koi CordEJ 3), A° 5 ffice wetri i.)u6=1Zy`'ca.es
Ari Shaw' Me Viefftek 33z 7/5 - kett1 to Sot,rye CM e" g kc :sy 0 O (b/,
h 4-. <t 1 \L(" J .r'-- C!C/ r-- (0)- . IJ • r-4-r" �.i 'v.55 C; . • O-;1 , �j f•-.n r' 1. f /i.,, . , • 4• �-,
Ate) 1 /c Z.cd.5 a-c-r GS- l so"- hL:� m E�.,`^.1 ( _, 8 O (4 3 1 gr.d,i . c ,„`ao..,h (? ��,QAtlyzi Ler4 ./
.� C ae ^ `` r CRIe 8"O6 / :Akio 'f csoo ,, 4
(3-A n lJ F Luc: 4-k. / roG et S . 6r ; Coc34,3 r B 4mtlY vC r e at Z-t 1 t he • � 6 irs 4.)
Cc1uA 6020, I ( 02. 0 #0 1( A.,), G re-el a go(0 -:c I GIocnn . 6v ,@Cti4 , I . eon
erNe-a-Icee.....6 ,_ ra- S w 3.4 CaoZ3Ll : 6 e rZ 5 cd ti ,F� . ir� rG. <..'N? (I I if 11 W t )—a-�_.'Yt. �i �'cs.✓ i
TfPAAS Mc6t& C ( �9 �� v., 1 , S CO• � - kw c�►y�c to r, +U� cover►
Doitutla 1.- Jar„/?≤ 6 / 11 ua t o A, a2 , I l=i /iAiris 0l Sc.is/ do,v. ' otiaci i c.-5a I O r. /.! rew-
Hello