HomeMy WebLinkAbout20200420.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, January 21, 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: Bruce Johnson, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip
Holland, Tom Cope.
Also Present: Chris Gathman and Angela Snyder, Department of Planning Services; Lauren Light,
Department of Health; Mike McRoberts, Public Works; Bob Choate, County Attorney, and Kris Ranslem,
Secretary.
Motion: Approve the January 7, 2020 Weld County Planning Commission minutes, Moved by Gene Stille,
Seconded by Bruce Johnson. Motion passed unanimously.
CASE NUMBER: COZ19-0004
APPLICANT: RICHARD SACK
PLANNER: ANGELA SNYDER
REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
1-3 (HEAVY INDUSTRIAL) ZONE DISTRICT.
LEGAL DESCRIPTION: PART SW4NE4 SECTION 31, T1 N, R66W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 2.5, EAST OF AND ADJACENT TO ROCHA
WAY, APPROXIMATELY 740 FEET EAST OF US HIGHWAY 85.
Angela Snyder, Planning Services, presented Case COZ19-0004, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
with the attached conditions of approval.
Mike McRoberts, Public Works, reported on the existing traffic and access to the site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements and on -
site dust control.
Commissioner Cope understands that there is a well on the property but asked if there is public water
available. Ms. Light wasn't sure if Central Weld County Water District has infrastructure that far.
Rick Sack, 14558 North Meadow Wood Street, Brighton, Colorado said that he purchased this property
from his grandparents. He said that a few years ago Weld County had asked them if they wanted to look
at rezoning the property, however, at that time they were not interested in rezoning their property. Now that
his grandparents are deceased it is harder to utilize the property with having 1-3 surrounding them so it
seems like a good time to rezone this property.
The Chair asked if Brighton has offered to serve water or sewer to the site. Mr. Sack said that there is
water by them, and Brighton had asked if they were interested in annexing; however, at that time they
weren't interested. He added that they haven't had any problems with the existing wells or septic.
Commissioner Cope asked if in the future there are problems with the well and the high-water table if
Brighton will require annexation to connect to public water and sewer. Mr. Sack couldn't answer that
question and added that his neighbor that surrounds two sides of this site also rezoned his property to 1-3
and just drilled a deeper well.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
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The Chair asked the applicant if they have read through the Conditions of Approval and if they are in
agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case COZ19-0004 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval, Moved by Tom Cope, Seconded
by Elijah Hatch.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland,
Tom Cope.
CASE NUMBER: PUDZ18-0006
APPLICANT: ALF TODD CREEK VILLAGE NORTH LLC
PLANNER: ANGELA SNYDER
REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
PUD PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR THREE
HUNDRED (300) LOTS WITH R-1 (LOW DENSITY RESIDENTIAL), R-2
(DUPLEX RESIDENTIAL, R-3 (MEDIUM DENSITY RESIDENTIAL), R-4 (HIGH
DENSITY RESIDENTIAL), AND C-1 (NEIGHBORHOOD COMMERCIAL) ZONE
DISTRICT USES WITH 14.1 ACRES OF OPEN SPACE AND ONGOING OIL AND
GAS ACTIVITY.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE -4462 AND LOT B REC EXEMPT RE -433, BEING PART
OF THE W2 OF SECTION 35, T1 N, R67W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 2, EAST OF AND ADJACENT TO CR 21.
CASE NUMBER: MET19-0003
APPLICANT: DRY CREEK METROPOLITAN DISTRICT NO. 1
PLANNER: ANGELA SNYDER
REQUEST: THE PURPOSE OF THE METRO DISTRICT IS TO PROVIDE FOR PUBLIC
IMPROVEMENTS, INCLUDING PLANNING, DESIGN, ACQUISITION,
CONSTRUCTION, INSTALLATION, RELOCATION AND REDEVELOPMENT, IN
THE DRY CREEK REGIONAL URBANIZATION AREA.
LEGAL DESCRIPTION: LOT B RE -4462 AND LOT B RE -433 LYING WITHIN THE W2 OF SECTION 35,
T1 N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO
LOCATION: NORTH OF AND ADJACENT TO CR 2, EAST OF AND ADJACENT TO CR 21.
Bob Choate, County Attorney, noted that MET19-0003 is the request to approve the Service Plan for this
proposed Planned Unit Development.
Angela Snyder, Planning Services, stated that the applicant is proposing a mixed -use development with
300 units located within the Dry Creek Regional Urbanization Area (RUA). Ms. Snyder said that the site is
located within three miles of the Cities of Brighton, Ft. Lupton and Thornton. The City of Thornton
expressed no concerns. The City of Brighton sent a letter of objection and the City of Ft. Lupton indicated
that they are the sewer provider for the project through an IGA with Todd Creek Village Metro District. In
one letter from Ft. Lupton, it indicated that they have conditions that must be fulfilled prior to serving the
site and in a subsequent letter received today they are requesting another continuance.
Ms. Snyder said that the proposal is for a 300 lot PUD on approximately 80 acres. The project is compatible
with the Dry Creek RUA Guiding Document found in Chapter 26 of the Weld County Code. The site is
currently zoned Agricultural, and the proposed PUD zoning will accommodate neighborhood commercial
uses and both single-family and multi -family dwelling units in accordance with the Dry Creek RUA.
Ms. Snyder stated that the proposed Dry Creek North Metropolitan District, MET19-0003 being considered
in conjunction with this Change of Zone Application, is a Service Plan intended to provide funding for the
public improvements necessary for the proposed subdivision, including potable and non -potable water
systems, sanitary sewer facilities, road construction and site construction.
Ms. Snyder noted that after notice was sent to surrounding property owners for PUDZ18-0006, two
responses were received. One property owner to the west expressed concern of a high -density
development being located in a rural area and the potential negative health and safety effects of being
located adjacent to a large oil and gas well pad. Another letter was received that indicated concern over
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drainage involving the New Brantner Irrigation Canal. Ms. Snyder added that the New Brantner Extension
Ditch Company met and discussed the project and submitted the following conditions:
1. Requested that the ditch not be used for flood routing or flood storage. Storm water may not be
routed to and will not be permitted to enter the ditch.
2. Public access to the ditch easement area is not permitted.
3. Pedestrian, equine and motorized vehicle trails are not permitted within the ditch easement area
4. No above or below ground improvements are permitted within the ditch easement area.
5. No crossing of the ditch property or other encroachment into the ditch easement area is permitted
without New Brantner's prior written approval.
Ms. Snyder deferred to the County Attorney to explain Ft. Lupton's request for continuance.
Bob Choate, County Attorney, said that the PUD Change of Zone and the Service Plan go hand in hand
and the recommendation for approval for the Service Plan is because they have met all of the requirements
laid out in the Weld County Code and Colorado State Statute. He said that there are a couple changes
that both he and Don Warden, Weld County Director of Finance and Administration, recommended to the
Service Plan. However, the recommendation for approval of the Service Plan is contingent on approval of
the PUD Change of Zone because you have to prove a need for the services that will be provided and if
there are no lots or no likelihood of having new lots then there is no need for a Metro District.
Mr. Choate said that what the applicant has to prove up for the PUD Change of Zone is that they are going
to likely be able to provide sewer and water service, however the sewer service is what has come under
fire. He added that the City of Ft. Lupton has an IGA (Intergovernmental Agreement) with the Todd Creek
Village Metro District (Todd Creek) to provide sewer service to this area. Todd Creek agreed to the
proposed Dry Creek Metro District No. 1 to provide sewer infrastructure on their behalf, so only one (1)
Metro District, Todd Creek, will provide sewer service. Mr. Choate said that there is a little bit of a
misunderstanding between Todd Creek Village Metro District and the City of Ft. Lupton about whether or
not they will be providing sewer service because according to these two agreements Ft. Lupton will actually
provide sewer service. Mr. Choate reviewed the IGA from 2008 between Ft. Lupton and the Todd Creek
Village Metro District and it appears that they can meet all of the requirements there; however, there is one
requirement which is odd in that it requires Todd Creek to enter into an IGA with Weld County and when
they do that then they have vesting under the IGA and Ft. Lupton will provide sewer service. Mr. Choate
added that we don't really know what that IGA between Todd Creek and Weld County would include
because that is not how we do business in Weld County. He added that Weld County doesn't require
developers to enter into agreements with the county. Therefore, he added that the request from Ft. Lupton
is to continue the cases today so that they can have time to talk to Todd Creek and determine what was
meant by the Weld -Todd Creek IGA request because all of the people who were involved in drafting and
signing that IGA in 2008 are no longer there. Mr. Choate stated that he is not recommending that the
Planning Commission continue this matter. He added that the Planning Commission can continue it if they
want or they can defer this to the Board of County Commissioners. He said that Staff just wanted to bring
this to the Planning Commission's attention because of the request by the City of Ft. Lupton. Mr. Choate
said that Staffs recommendation is for approval of PUDZ18-0006 and MET19-0003.
Commissioner Johnson clarified that the recommendation is to approve both of these cases with the
contingency that the other one is approved. Mr. Choate said that there is no reason to approve one over
the other and added that the PUD will not happen without both and there is no reason to approve one case.
He recommended separate motions on any action that is taken by the Planning Commission.
Commissioner Cope asked why this doesn't fall under the Todd Creek Metro District if this falls within their
service area. Mr. Choate said that it does fall under their Metro District. Mr. Cope asked why another Metro
District is being created then. Mr. Choate said that it will provide lots of other services and the applicants
can talk about that. He added that it is more of a funding mechanism so that they can have additional mill
levies to pay for streets, lights, water and sewer infrastructure, however, the provision for that service will
be made by Todd Creek.
Mike McRoberts, Public Works, reported on the existing traffic, access to the site and roadway
classifications. He noted that the applicant's proposed access locations on County Roads 2 and 21 do not
meet the Weld County minimum intersection spacing requirements for arterial roads and therefore the
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applicant will need to work with Public Works to find complying intersection locations or locations with
intersection configurations that Public Works deems acceptable.
Commissioner Cope referred to the applicant's site map with an access to County Road 21 and another to
County Road 2. He asked if the roadway from the north access going to the east ties into existing road.
Mr. McRoberts said that he has not seen the master plan and where it will eventually go. He said that they
are reviewing the intersections as they are not meeting the distance requirements and request a meeting
to come up with a solution, specifically with the access to County Road 2.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, trail
system, and active recreational amenities.
Commissioner Holland asked if there was a positive response from the Fire District for this proposal. Ms.
Snyder said that Brighton did submit a positive referral and added that there is a condition of approval for
the applicant to address their concerns because the Fire District was wanting to nail down the location of
the fire station within the full build -out of this area. Ms. Snyder said that the original Dry Creek RUA doesn't
call out when it would be developed but that it would meet the Fire District's requirements.
Commissioner Ford referred to the Sakata response regarding a larger detention pond and asked Staff to
respond. Mr. McRoberts said that they have received an updated drainage report, however staff hasn't
reviewed it yet.
Peter Martz, PO Box 50223, Colorado Springs, Colorado, stated that the Todd Creek Metro District
boundary area is small but their service area is much larger and includes all of the RUA and then some.
When the RUA was approved in 2010 it was roughly 2000 acres and the service area for Todd Creek Metro
District includes about 5000 acres total. He added that they do have adequate fire supply and the existing
water systems serves between 1400 to 1700 homeowners.
Mr. Martz said that they are aware of the concerns from Sakata Farms regarding drainage to the east. He
said that they have included that in their drainage report and will work with Public Works to make certain
as they move forward to work out details for detention from the PUD.
Mr. Martz said that overall they agree with Staffs recommendation for approval; however, they do not agree
with Ft. Lupton's request to continue because they have been meeting with them about the sewer
connection and potential annexation. He said that the only issue they have is whether or not Weld County
should be entering into an IGA with the district. He added that they feel between now and some point in
the future they can resolve this issue with Ft. Lupton. Mr. Martz asked for recommendation of approval for
the PUD and the formation of the Metro District.
Commissioner Cope asked how they will prevent drainage into the irrigation ditch. Mr. Martz said the ditch
is about a half -mile east of the site so it shouldn't be a problem.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked Staff if they have any changes to the Resolutions for PUDZ18-0006 or MET19-0003.
Ms. Snyder recommended deletion of Condition of Approval 1.E in PUDZ18-0006 regarding submittal of
proof of surface use agreements with the mineral interests as Staff received a letter from Occidental
Petroleum Corporation, formally known as Anadarko, that they have all their agreements.
Mr. Choate recommended adding Section VI.I to the Service Plan for MET19-0003 "At least thirty (30) days
prior to the District's organization election, the proposed ballot questions shall be submitted to the County
for review to ensure that said ballot questions are in compliance with this Service Plan".
Additionally, he requested that a condition recommended by Don Warden be added to the Service Plan
Section VI.E for MET19-0003 to read "The District shall not apply for or accept conservation Trust Funds,
Great Outdoors Colorado Funds, or other funds available from or through governmental or nonprofit entities
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for which the County is eligible to apply, except pursuant to an intergovernmental agreement with the
County".
Motion: Delete Condition of Approval 1.E in PUDZ18-0006, Moved by Gene Stille, Seconded by Elijah
Hatch. Motion carried unanimously.
Motion: Add Conditions of Approval as stated by Staff to the MET19-0003 Service Plan, Moved by Gene
Stille, Seconded by Elijah Hatch. Motion carried unanimously.
The Chair asked the applicant if they have read through the amended Conditions of Approval for PUDZ18-
0006 and MET19-0003 and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case PUDZ18-0006 to the Board of County Commissioners along with the amended
Conditions of approval with the Planning Commission's recommendation of approval, Moved by Gene
Stille, Seconded by Elijah Hatch.
Commissioner Stille said that he doesn't see any reason why there should be a continuance.
Commissioner Johnson said that there should be a contingency of the approval that MET19-0003 is also
approved. He added that one without the other is a moot point.
Commissioner Holland referred to the City of Thornton's referral that indicated no concerns. He said that
the Thornton waterline project is struggling to get proper approval and is surprised that Thornton would
indicate no concerns if Thornton is providing any of the water supply for this project due to the problems
with NISP. Commissioner Stille said that no one knows when that waterline will be brought down and when
NISP will start construction so he understands why Thornton would indicate they have no concerns. He
added that he doesn't have any concern with water service. Commissioner Cope said that the applicant
mentioned that their engineers did study the existing system and found that it is already adequate to handle
the proposal, therefore he agrees that it has been shown that they seem to have adequate water volume
and pressure. Mr. Choate clarified that the City of Thornton is not providing water to this project.
Motion: Amend the Motion to include that PUDZ18-0006 is contingent upon the approval of MET19-0003,
Moved by Bruce Johnson, Seconded by Tom Cope.
Commissioner Holland asked Commissioner Johnson what his concern is. Commissioner Johnson said
that he is concerned that the MET19-0003 might not be approved.
The Chair called for the vote to amend the original motion.
Vote: Motion failed (summary: Yes = 2, No = 6, Abstain = 0).
Yes: Bruce Johnson, Tom Cope.
No: Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland.
The Chair called for the vote to forward PUDZ18-0006 to the Board of County Commissioners along with
the amended Conditions of Approval with the Planning Commission's recommendation of approval.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland,
Tom Cope.
Motion: Forward Case MET19-0003 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval, Moved by Gene Stille, Seconded
by Elijah Hatch.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland,
Tom Cope.
The Chair called a recess at 1:46 pm and reconvened the hearing at 1:57 pm.
CASE NUMBER: USR19-0057
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APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
BLACK MOUNTAIN LAND COMPANY, LP, C/O BLACK MOUNTAIN SAND
WELD LLC
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OPEN MINING AND PROCESSING OF MINERALS (SAND
MINING, PROCESSING OF MINED SAND AND ACCESSORY ACTIVITIES
ASSOCIATED WITH THE SAND MINING AND PROCESSING OPERATION) IN
THE A (AGRICULTURAL) ZONED DISTRICT.
SW4 OF SECTION 2; E2 AND W2 OF SECTION 3; SW4, PART OF THE W2SE4,
E2SE4, NW4 AND NE4 OF SECTION 10; ALL OF SECTION 11; AND PART OF
THE N2 OF SECTION 14, ALL WITHIN T3N, R61W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
EAST OF AND ADJACENT TO CR 91, NORTH OF AND ADJACENT TO
INTERSTATE 76 AND 2 MILES SOUTH OF STATE HIGHWAY 34.
Chris Gathman, Planning Services, presented Case USR19-0057, reading the recommendation and
comments into the record. The applicant is proposing to utilize irrigation wells that it owns to supply water
for the mining operation. The applicant is in the process of changing the wells mining use. Mr. Gathman
noted that there were objections regarding the amount of water available, however, the one objector
reviewed it using a different formula that the Groundwater Commission uses to specifically calculate the
amount of water that can be utilized. The applicant provided a response indicating that even if the formula
that the objector utilized is accepted, the amount of water available for the mining operation will be more
than sufficient Mr. Gathman also noted that there were two (2) other objections referring to water quality
and wells proposed for oil and gas use. These other objections did not pertain to the water quantity for the
use.
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.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan. Ms. Light suggested adding a Dust Abatement Plan and Waste
Handling Plan into the Development Standards. She added that there will be fuel storage on site which will
require permitting through the State, therefore she suggested adding a Development Standard addressing
compliance with the State Above Ground and Below Ground Tank Storage Regulations. Additionally, noise
is restricted to the industrial level and the applicant did submit a Noise Report and a Nuisance Plan that
indicated there would be some noise reduction from mining below grade and they will be locating some of
those topsoil piles to act as a berm. She recommended adding the adherence to that Noise and Nuisance
Plan to the Resolution as well.
Brittany Schamaun, 500 Main Street, Fort Worth, Texas, stated that they are proposing a frac sand facility
in east Weld County. They will be adding around 155 employees long term. She said that in -basin sand is
the new thing and saving oil and gas operators hundreds of thousands of dollars per well versus having the
frac sand come in from Wisconsin and using rail to bring it in.
Ms. Schamaun stated that they will be using water recycling through the processing facility and
implementing a groundwater monitoring program, even though it is a dry mine.
Roughly 1800 acres will be mined through the 35 -year life span. Ms. Schamaun stated that they will doing
concurrent reclamation. She added that there will be a 200 -foot buffer between the mining operation and
property line so they will not be mining adjacent to any property owners.
Ms. Schamaun stated that with regard to the ditch crossing they still have some engineering work to do and
will continue to work with Bijou Irrigation District to get an agreement in place. She added that she has
talked to the landowners that own land where they will need to straighten out a portion of the road and
indicated that the landowners are happy to provide them with right-of-way and willing to work them on an
agreement. She said that the landowners have requested to keep the current bridge in place, if possible.
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Kira Coff, 1011 Murray Holiday Road, Salt Lake City, Utah, reviewed best management practices for the
mining operation which included storm water controls, noise analysis, lighting plan, dust abatement, and
concurrent reclamation.
Pete Kowalewski, 11663 Zephyr Way, South Jordan, Utah, spoke about water quality and monitoring. The
applicant is developing a baseline program to assess water levels and water quality. They have installed
nine (9) monitoring wells surrounding the perimeter of the mining site and they are currently reviewing the
results of the water quality testing done in December 2019. The monitoring wells will stay during operations
and be sampled on a regular basis to ensure that any of the activities are not impacting water.
Mr. Kowalewski stated that there were concerns of impact to the Empire Reservoir. He added that all
activity will be above the water table and should not have any impacts to Empire Reservoir. They will assess
water activity and ensure that there will be no exposure of groundwater and minimize any potential impacts.
Ms. Schamaun said that they will continue to be conducting community outreach. They have held meetings
with all surrounding property owners and anyone who has interest in this project.
Commissioner Johnson said that he is concerned with mining closer to the water table and any storm water
coming off of vehicles that will be leeching into the aquifers. He added that in his experience when sand
gets wet, he is concerned that two feet may not be enough to support the equipment.
Commissioner Hatch said sand is currently coming out of the Wisconsin area and asked if this facility is the
first of its kind in our area. Ms. Schamaun said that there is a pilot project operating in Guttersen Ranch
and added that they are currently going through the USR permit process for a much larger project like this.
Mr. Hatch asked if this facility is successful if they will see more of these. Ms. Schamaun said that she
doesn't think there will be any more facilities like this.
Commissioner Holland asked what the concern is regarding the groundwater. Ms. Schamaun said that
they have listened to local concerns and implemented groundwater monitoring to put them at ease that
their operations will not affect their groundwater.
Commissioner Holland asked if this is a dirty and noisy operation. Ms. Schamaun said that it does produce
noise, but it will be confined and added that the 200 -foot buffer will minimize noise concerns.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Stuart Corbridge, Vranesh and Raisch, LLP, 5303 Spine Road, Boulder Colorado, stated that he is
representing the Bijou Irrigation Company and Bijou Irrigation District and filed a comment letter with the
Planning Department in October 2019. The company and the district operate a water delivery system from
the South Platte River to feed two (2) very large canals (Empire and Bijou Canals) with water storage and
delivery to between 19,000-24,000 acres of farmland.
Mr. Corbridge said that they are concerned with reclamation over the 35 -year period and whether the plan
will adequately manage soil and dust. Additionally, they have concerns with air quality, noise pollution and
night-time impacts. Mr. Corbridge said that it is not entirely clear to them what the plan is for septic and they
have raised concerns early on about potential leeching into the sands of this area that is fairly close to
Empire Reservoir. He added that they would like more information to see how that works and ensure there
will be no problems.
Mr. Corbridge said that there are plans for modifications to County Road 91 and the bridge that crosses the
Empire Inland Canal and they are concerned if the bridge will be able to hold the estimated 300 truck trips.
Mr. Corbridge also expressed concerns with the ditch road intersection safety at the point the ditch roads
intersect with County Road 91
Additionally, Mr. Corbridge said that Bijou Irrigation Company and Bijou Irrigation District would like to be
included in the Communications Plan and the Emergency Action Plan.
Commissioner Stille asked if the bridge over the ditch on County Road 91 is owned by Weld County. Mr.
Corbridge said that it is currently owned by Weld County and asked if there is a replacement bridge if it will
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still be owned by Weld County. Dawn Anderson, Public Works, clarified that it will be included in the Road
Maintenance Agreement and will require roadway designs. The applicant will be required to put the bridge
in and straighten the road at the curve and then it will go back to county maintenance after construction.
Commissioner Hatch asked Mr. Corbridge to elaborate on the concern of dust and dirt blowing into the
reservoir more than just the natural occurrence even without the mine there. Ms. Corbridge said that he
understands that currently the ground is covered with shallow ground cover and with the sand it is hard to
get reclaimed with vegetation. He added that they are concerned with the sediment over the lake that over
time will take away the storage capacity as well as the recreational uses on the lake.
In regard to reclamation and getting vegetation in place, Ms. Schamaun said that they are testing out to
see what seed mix works best and are working through that process now. She said that construction of
this facility will be eight to twelve months and they still need to get their Air Permit approved so there is
some time to drill down on some specifics and maybe by the time they start reclamation they will have a
seed mix that they will know will grow.
Angy Casamento, 5575 DTC Parkway, Denver, Colorado said that they have met with Weld County and
discussed the right-of-way with straightening out the hair pin turn. She added that the existing bridge that
Weld County updated last year meets the requirements of load ratings for these trucks. In regard to the
access routes to the canal, Ms. Casamento said that they have looked at those to see if they need to stop
at a stop sign, however, when they are realigning the roadway to get rid of that hair pin curve they will be
eliminating the site distance issues. So even though the road will be traveled more with the trucks, there
will not be any geometric constraints to impair their sight.
The Chair asked Staff for any changes to the Resolution.
Mr. McRoberts requested to amend Condition of Approval 2.B to read "If more than one (1) acre is to be
disturbed for construction of non -gravel items, such as structures, parking lots, laydown yards, etc., a Weld
County grading permit will be required".
Motion: Amend Condition 2.B as requested by Staff, Moved by Tom Cope, Seconded by Bruce Johnson.
Motion carried unanimously.
Ms. Light requested amending Development Standard 5 to add "and the accepted Waste Handling Plan"
to the end of the sentence.
Ms. Light requested amending Development Standard 6 to add "and the accepted Dust Abatement Plan"
to the end of the sentence.
Ms. Light requested amending Development Standard 8 to add a new sentence at the end to state "The
facility shall operate in accordance with the accepted Noise Report and Nuisance Plan".
Additionally, she requested amending Development Standard 10 to delete "within one-half mile of the
pipeline easement".
Ms. Light requested adding a new Development Standard 10 to state "The facility shall comply with all
provisions of the State Underground and Above Ground Storage Tank Regulations".
Motion: Amend Development Standard 5, 6, 8, 10 and add a new Development Standard 10 and renumber
accordingly, as requested by Staff, Moved by Gene Stille, Seconded by Elijah Hatch. Motion carried
unanimously.
Ms. Gathman said that with Ms. Light's changes, he recommended removing Development Standard 30 as
it will not be necessary.
Motion: Delete Development Standard 30, Moved by Bruce Johnson, Seconded by Gene Stille. Motion
carried unanimously.
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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 USR19-0057 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 Elijah Hatch, Seconded by Gene Stille.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland,
Tom Cope.
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 3:30 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
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