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BEFORE THE WELD COUNTY , COLORADO , PLANNING COMMISSION . '[ • --• � �,�
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 : USR20-0008
APPLICANT : COULSON EXCAVATING COMPANY , INC AND CROISSANT FAMILY
FARM , LLC
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 , WITH ANCILLARY OPERATIONS
AND EQUIPMENT INCLUDING A HOT MIX ASPHALT ( HMA ) BATCH
PLANT . RECYCLED ASPHALT OPERATIONS , THE EXPORTING OF
AGGREGATES , HOT MIX ASPHALT AND RECYCLED ASPHALT, MINE
OFFICE WITH SCALE HOUSE AND SCALE ; A FUELING/LUBRICATING
STATION ; PORTABLE GENERATORS . MOBILE MINING EQUIPMENT
PARKING AND STORAGE . AND EMPLOYEE AND VENDOR PARKING
OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A
(AGRICULTURAL ) ZONE DISTRICT
LEGAL DESCRIPTION : LOT A REC EXEMPT RE - 1347 . BEING PART OF THE SE4 AND PART
OF THE SW4 ALL IN SECTION 19 . T5N , R67W OF THE 6TH P . M . , WELD
COUNTY , COLORADO .
LOCATION : NORTH OF AND ADJACENT TO CR 54 ( FREEDOM PARKWAY) ; EAST
OF AND ADJACENT TO CR 13 ( COLORADO BOULEVARD ) .
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 regional 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 Big Thompson River corridor . 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 Big Thompson river course and
consists of gravels , relatively clean and sound and includes unevaluated aggregates per the Weld
County Sand Gravel Resources map of 1974 .
i
RESOLUTION USR20-0008
COULSON EXCAVATING COMPANY, INC AND CROISSANT FAMILY FARM, LLC
PAGE 2
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
and reclamation plan compatible with surrounding land uses Lands south of County Road 54 and
adjacent to the Big Thompson River corridor have several open mining(sand,gravel and stone)and
processing of minerals, including recycle operations for concrete and concrete batch plants,
permitted under Weld County land use permit numbers AMUSR-1329(Loveland Ready Mix, Inc-
Johnstown Ready Mix, Inc)and AmUSR-672(Coulson Excavating Inc)and to the west is a sand
and gravel mine currently operated by Loveland Ready Mix, Inc under a Larimer County Use by
Special Review Permit Many if not all of these permitted facilities are located near or within the Big
Thompson River Floodplain To address impact to the area roads,the Weld County Department of
Public Works and the Larimer County Roads are 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 and adjacent to County Road 13 and north of and
adjacent to County Road 54, Freedom Parkway,and near the Big Thompson floodplain 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 twenty-five (25) feet
throughout the site 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 Amen Pit, reclamation will take place
concurrently with mining activities The current land use on the Amen Pit property is for the grazing
of cattle The use of this land will change to water storage reservoirs and rural residential
development and retain lands east of the Hill and Brush irrigation ditch for agriculture Most of the
land surrounding the proposed permit area has similar uses of river corridor,gravel mining and batch
plants and limited rural residential development 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 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
l
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, with
ancillary operations and equipment including a Hot Mix Asphalt(HMA)Batch Plant,the exporting of
aggregates, Hot Mix Asphalt and Recycled Asphalt, mine office with scale house and scale, a
fueling/lubricating station, portable generators, mobile mining equipment parking and storage, and
employee and vendor parking outside of subdivisions and historic townsites, in the A(Agricultural)
I
RESOLUTION USR20-0008
COULSON EXCAVATING COMPANY, INC AND CROISSANT FAMILY FARM, LLC
PAGE 3
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 in Weld County consist of agricultural uses, mining, concrete batch plant and
concrete recycle operations,the river corridor,rural residences and in Lamer County a gravel mine
and confined animal feeding operation and rural residential development patterns There are several
residences in the near vicinity to the proposed aggregate mine site The closest residence outside of
the DRMS permit boundary is residence#1 about 65-feet north of the property line and 271-feet from
the mining activity associated with future mining cell 5, residence#2 is 215 feet west of the mine site
and 325-feet from the plant processing area and future mining cell #6 and is surrounded by the
Loveland Ready Mix aggregate mine located in Lanmer County,residence#3 is the Croissant Family
Farm residence located 55-feet from the permit boundary/property line and 700-feet to the mining
activity associated with mining cell 1, residence#4 is located 260-feet to the permit boundary and
725-feet to the future mining area of cell 1 and is within the Lakota Lakes Ranch PUD, residence#5
is located 575 feet to the permit boundary and 1750 feet to the mining activity associated with cell 1
There are multiple USRs within one mile of the site As previously stated, there two (2) land use
permits for mining operations located south of County Road 54, there are also three 3 residential
developments, Lakota Lakes Ranch PUD is southeast of the intersection of County Road 15 and
County Road 54, adjacent to this development is Heritage Crossing PUD formerly permitted as
Challenger Ranch PUD and Heron Rookery,the third residential development is one half mile west of
County Road 15 on County Road 52 and is known as the 5225 Estates PUD There are other uses
in the area including oil and gas production facilities,the Big Thompson river corndor and associated
floodplain, active irrigation ditches, rural residential development patterns, and to the north near
County Road 15 and County Road 56 is the Coyote Ridge PUD There are also multiple USRs,
including for a single family USR-818, parking and staging area for a trucking and construction
business,along with transloading of fly-ash USR15-0040,construction business,maintenance shop
and outdoor storage USR15-0075, Martin Marietta Asphalt and Concrete Batch Plants and internal
loop rail spur, exempt from land use permits, Conference center, executive retreat and wedding
venue,USR15-0028,Agntainment facility,USR14-0033,Concrete construction company and outdoor
equipment storage, USR16-0010,Three(3)AM radio towers up to 249-feet in height, USR-871 and
the Trailblazer Oil and Gas Company Inc, Natural Gas Processing Plant, USR-585
Colorado Parks and Wildlife returned a referral response dated April 20, 2020 with several
recommendations specific to aquatic habitat recovery and conservation waters, potential raptor
nests, bald eagle concentration areas,tree replacement due to los of trees during mining, noxious
weeds, wildlife escape ramps out of the mine pit area and post reclamation plans fort the water
storage vessels and the benefit of irregularity in shorelines for wildlife habitat
Weld County Department of Public Health and Environment in their referral dated April 23, 2020,
indicated that noise associated with this facility is restricted to the level allowed in the industrial zone
district The sound engineer's analysis indicates the industrial limit can be met 25 feet off the property
line and the residential limit can be met at adjacent residences as long as the following noise
mitigation requirements are complied with as stipulated in the noise analysis Further stating
"provided that all following recommendations and conditions are followed,noise from the construction
and operation of the proposed Project is predicted to be in compliance with CRS§25-12 limits"
The Weld County Department of Planning Services sent notice to seventeen (17) Surrounding
Property Owners Planning staff received a letter with concerns from the adjacent property to the
north of the site with concerns about traffic numbers, noise, dust and preservation of existing trees
Staff also received two telephone calls of inquiry about the application on behalf of the Lakota Lakes
Ranch PUD Homeowners Association and one from the property to the north 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
RESOLUTION USR20-0008
COULSON EXCAVATING COMPANY, INC AND CROISSANT FAMILY FARM, LLC
PAGE 4
The location of the batch plant is to be located near the intersection of County Road 13 and County
Road 54,Freedom Parkway Access to the facility is north of this intersection Adjacent to the south
of County Road 54 is the Loveland Ready Mix concrete batch plant
The Conditions of Approval require that the applicant submit an Emergency Action and Safety Plan,a
Decommissioning Plan,Lighting Plan,Communication Plan,Screening and Landscape Plans and an
Improvements Agreement (for roads and traffic) The Development Standards and Conditions of
Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure
compatibility with surrounding land uses and the region
D Section 23-2-220 A 4--The uses which will be permitted will be compatible with future development
of the surrounding area as permitted by the existing zoning and with the future development as
projected by Chapter 22 of the Weld County Code and any other applicable code provisions or
ordinances in effect, or the adopted Master Plans of affected municipalities
The site is located within a three(3)mile referral area of four(4)municipalities,specifically the Towns
of Johnstown, Milliken and Windsor and the City of Greeley, with Lanmer County adjacent to the
west As previously stated, the project site is also located are located within the existing
Intergovernmental Agreement Area/Coordinated Planning Area for the Towns of Johnstown,Milliken
and Windsor
The 2006 Johnstown Area Comprehensive Plan, Land Use Framework Plan delineates the site as
within their Growth Management Area within a defined use of conservation-oriented agricultural,large
lot residential with a planned community trail located to the north of the Big Thompson river The
Town of Johnstown did not return a referral response
The 2015 Milliken Comprehensive Plan Framework map delineates the project site as west of the
Town Urban Growth Area and their Influence Area The Town of Milliken did not return a referral
response
The 2018 Town of Windsor Comprehensive Plan, Land Use and Development map delineates the
project site as outside of the Town's Growth Management Area The Town of Windsor referral dated
March 30, 2020 stated, "we have reviewed the request and find no conflicts with our interests"
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 Land Use Guidance map, undated and prepared December 1, 2017, identifies the project
area as outside of their Growth Management Area The City of Greeley referral dated April 2,2020
stated, "We have reviewed the request and find no conflicts with our interests"
Lanmer County 2019 Comprehensive Plan's Framework Map for the Front Range Extent identifies
the lands west of County Road 13 as urban/rural interface and defined with the preferred uses of
agriculture, lots on thirty-five (35) acres or greater, conservation developments and rural planned
developments The 2019 Lanmer County Zoning Map designates land to the west of County Road 13
as FA—Farming with a floodplain designation Lanmer County did not return a referral response
E Section 23-2-220 A 5 --The application complies with Chapter 23, Articles V and XI, of the Weld
County Code
The property is not within the Airport or 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 08123C-1495E effective date January 20, 2016 (Big Thompson River
Floodplain) 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
RESOLUTION USR20-0008
COULSON EXCAVATING COMPANY, INC AND CROISSANT FAMILY FARM, LLC
PAGE 5
Building Permits issued on the lot will be required to adhere to the fee structure of the County-Wide
Road Impact Fee Program, County Facility Fee and Drainage Impact Fee Programs
F Section 23-2-220 A 6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use
The proposed mine site is located on approximately 141 83 acres of"Irrigated Land(Not Prime)"and
approximately 34 68 acres of "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 concerns of the Public Works Referral relating to the proposed
County Road 13 and County Road 54 access locations (Department of Public Works)
B The applicant shall submit a final Traffic Impact Study, prepared, stamped, and signed by a
registered professional engineer licensed in the State of Colorado,that addresses the concerns of
the Public Works review (Department of Public Works)
C An Improvements and Road Maintenance Agreement is required for off-site improvements at this
location Road maintenance includes, but is not limited to, dust control and damage repair to
specified haul routes The Agreement shall include provisions addressing engineering requirements,
submission of collateral, and testing and approval of completed improvements (Department of
Public Works)
D A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required (Department of Public Works)
E The applicant shall submit a recorded copy of any agreement signed by all of the owners of the
property crossed by the access on to County Road 13 The access shall be for ingress, egress,
utilities and shall be referenced on the USR map by the Weld County Clerk and Recorder's
Reception number (Department of Public Works)
F All access roads from sand and gravel operations to public highways, roads or streets, or to ,
adjoining residential structures,shall be paved or otherwise treated to minimize dust conditions on
all parts of such access roads which are located within one-fourth (%4) mile of the public highway,
road, street or adjoining residential structure (Department of Public Works)
G The applicant shall address the requirements of the Colorado Division of Water Resources, as
stated in the referral response dated March 30,2020 Written evidence of such shall be submitted
to the Weld County Department of Planning Services ,(Colorado Division of Water Resources)
H A Communication Plan shall be submitted to and approved by the Department of Planning Services
r
RESOLUTION USR20-0008
COULSON EXCAVATING COMPANY, INC AND CROISSANT FAMILY FARM, LLC
PAGE 6
(Department of Planning Services)
I A Lighting Plan shall be submitted for nighttime operations, as applicable,to, and approved by,the
Department of Planning Services (Department of Planning Services)
J A Screening Plan shall be submitted to and approved by the Department of Planning Services that
precludes the use of chain-link fencing with slats or mesh fabric on chain link to screen the site from
the Surrounding Property Owners and public rights-of-way (Department of Planning Services)
K A Landscape Plan shall be submitted to and approved by the Department of Planning Services that
address the earth berm to screen the production and processing area of the site from the
Surrounding Property Owners and public rights-of-way (Department of Planning Services)
L A Decommissioning Plan for all permanent and temporary structures, buildings and equipment
associated with the production and processing of material associated with the aggregate mine shall
be submitted to and approved by the Department of Planning Services (Department of Planning
Services)
M The applicant shall address the concerns of the Sinclair Transportation Company specific to the
location of the internal equipment roadways in relation to their pipeline assets Written evidence that
their concerns have been addressed shall be submitted to the Department of Planning Services
(Sinclair Transportation Company)
N The map shall be amended to delineate the following
1 All sheets of the map shall be labeled USR20-0008 (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 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 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 Show and label all recorded easements and rights-of-way by book and page number or reception
number and date (Department of Planning Services)
10 County Road 13 is a paved road and is designated on the Weld County Functional
Classification Map as an arterial road which requires 140 feet of right-of-way at full buildout
The applicant shall delineate and label on the site map or plat the future and existing right-of-
way(along with the documents creating the existing right-of-way) and the physical location of
the road All setbacks shall be measured from the edge of right-of-way This road is maintained
by Weld County (Department of Public Works)
RESOLUTION USR20-0008
COULSON EXCAVATING COMPANY, INC AND CROISSANT FAMILY FARM, LLC
PAGE 7
11 County Road 54 is a paved road and is designated on the Weld County Functional
Classification Map as an arterial road which requires 140 feet of right-of-way at full buildout
The applicant shall delineate and label on the site map or plat the future and existing right-of-
way(along with the documents creating the existing right-of-way)and the physical location of
the road All setbacks shall be measured from the edge of right-of-way This road is maintained
by Weld County (Department of Public Works)
12 Show and label the approved access locations on to County Road 13 and on to County Road
54,approved access width and the appropriate turning radii(60')on the site plan The applicant
must obtain an access permit in the approved locations prior to construction (Department of
Public Works)
13 Show and label the approved tracking control on the site plan (Department of Public Works)
14 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)
15 Show and label a 30-foot minimum access and utility easement to provide legal access from
County Road 13 to the parcel(095719300061)on the site plan (Department of Public Works)
16 Show and label the accepted drainage features Stormwater ponds should be labeled as
"Stormwater Detention, No-Build or Storage Area" and shall include the calculated volume
(Department of Public Works)
17 Show and label the drainage flow arrows (Department of Public Works)
18 Show and label the parking (Department of Public Works)
19 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)
20 Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the
map per the setback requirements of 23-3-70 E of the Weld County Code (Department of
Planning Services)
2 Upon completion of Condition of Approval#1 above,the applicant shall submit one(1) electronic copy
(pdf) of the map for preliminary approval to the Weld County Department of Planning Services Upon
approval of the map the applicant shall submit a Mylar map along with all other documentation required
as Conditions of Approval The Mylar map shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services The map shall be prepared in accordance with the
requirements of Section 23-2-260 D of the Weld County Code The Mylar map and additional
requirements shall be submitted within one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution The applicant shall be responsible for paying the recording fee
(Department of Planning Services)
3 In accordance with Weld County Code Ordinance#2012-3,approved April 30,2012,should the map not
be recorded within the required one hundred twenty (120) days from the date of the Board of County
Commissioners Resolution, a$50 00 recording continuance charge shall be added for each additional
three(3) month period (Department of Planning Services)
4 Prior to Construction
A The approved access and tracking control shall be constructed prior to on-site construction
RESOLUTION USR20-0008
COULSON EXCAVATING COMPANY, INC AND CROISSANT FAMILY FARM, LLC
PAGE 8
(Department of Public Works)
B If more than one(1)acre is to be disturbed for construction outside of the sand and gravel mining
area, a Weld County grading permit will be required (Department of Public Works)
C The applicant shall notify Public Works of the anticipated start date and schedule a stormwater
inspection If construction has commenced without contacting Public Works, the site will be in
violation, a stop work order will be issued, and further enforcement actions may be pursued
(Department of Public Works)
D The applicant shall address the concerns of the Front Range Fire Rescue specific to their referral
dated April 17,2020 Written evidence from Front Range Fire shall be submitted to the Department
of Planning Services stating the facility may operate (Front Range Fire Rescue)
5 During Construction
A Public Works shall be allowed to enter the premises to inspect temporary control measures(BMPs)
for proper installation and maintenance as detailed in the site's Grading Permit Inspections occur to
ensure adequate measures are taken to protect the landowner, neighboring properties, adjacent
roadways and nearby waterways from the potentially adverse effects of stormwater runoff
Inspections shall occur at a frequency determined by the site's compliance,with higher inspection
frequencies for non-compliance (Department of Public Works)
6 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)
7 Prior to Certificate of Occupancy
A The applicant shall submit an As-Built Drawing of each permanent control measure, signed and
stamped by a Professional Engineer registered in the State of Colorado After the submittal,Public
Works shall be allowed to enter the premises to inspect the permanent control measure(s) to
confirm proper installation, as detailed in the drawing (Department of Public Works)
8 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)
RESOLUTION USR20-0008
COULSON EXCAVATING COMPANY, INC AND CROISSANT FAMILY FARM, LLC
PAGE 9
Motion seconded by Skip Holland
VOTE
For Passage Against Passage Absent
Bruce Johnson
Michael Wailes
Tom Cope
Gene Stifle
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
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on May 19, 2020
Dated the 19th of May, 2020
Kristine Ranslem
Secretary
RESOLUTION USR20-0008
COULSON EXCAVATING COMPANY , INC AND CROISSANT FAMILY FARM , LLC
PAGE 10
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPM ENT STANDARDS
Amen Aggregate Resource
U S R20-0008
1 . Site Specific Development Plan and a Special Review Permit , USR20- 0008 , for open mining (sand .
gravel and stone) and processing of minerals , with ancillary operations and equipment including a Hot
Mix Asphalt ( HMA) Batch Plant , Recycled Asphalt operations , the exporting of aggregates , Hot Mix
Asphalt and Recycled Asphalt , mine office with scale house and scale , a fueling/lubricating station ,
portable generators , mobile mining equipment parking and storage , and employee and vendor parking
outside of subdivisions and historic townsites , in the A (Agricultural ) Zone District , subject to the
Development Standards stated hereon . ( Department of Planning Services)
2 . Approval of this plan may create a vested property right pursuant to Section 23-8- 10 of the Weld County
Code . ( Department of Planning Services)
3 . All sand and gravel operations shall be conducted from 7am to 7 pm
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) thirteen ( 13). ( 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 approved 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 . At the conclusion of the extraction of aggregate resources from the defined mine boundary , the Hot Mix
Plant (Asphalt) , Hot Mix Asphalt and Recycled Asphalt operations shall be removed from the property .
( Department of Planning Services)
12 . The property owner or operator shall be responsible for controlling noxious weeds on the site , pursuant to
Chapter 15 , Article I and IL of the Weld County Code . ( Department of Public Works )
13 . 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)
RESOLUTION USR20-0008
COULSON EXCAVATING COMPANY, INC AND CROISSANT FAMILY FARM, LLC
PAGE 11 -
14 There shall be no parking or staging of vehicles on public roads On-site parking shall be utilized
(Department of Public Works)
15 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)
16 The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement (Department of Public Works)
17 The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit
and possible updates' (Department of Public Works)
18 The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement (Department of Public Works)
19 The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site
visit and possible updates (Department of Public Works)
20 The historical flow patterns and runoff amounts on the site will be maintained (Department of Public
Works)
21 Weld County is not responsible for the maintenance of onsite drainage related features (Department of
Public Works)
22 Once the permanent control measure has passed final inspection by Public Works, the site shall be
routinely inspected at a frequency determined by Public Works, usually on an annual basis unless
otherwise noted,for the life of the control measure Inspections occur to ensure the permanentcontrol
measure remains fully operational and is being adequately maintained according to the site's Operation
and Maintenance Plan Upon sale of the property,the responsibility of maintaining permanent control
measures shall be transferred to the new owner (Department of Public Works)
23 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)
24 No permanent disposal of wastes shall be permitted at this site This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100 5, C R S (Department of Public Health and Environment)
25 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)
26 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 approved dust abatement plan for the
site-(Department of Public Health and Environment)
27 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)
28 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)
RESOLUTION USR20-0008
COULSON EXCAVATING COMPANY , INC AND CROISSANT FAMILY FARM , LLC
PAGE 12
29 . 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)
30 . Adequate drinking , hand washing , and toilet facilities shall be provided for employees and patrons of the
facility , at all times . ,
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)
31 . 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 existing adjacent residential properties and public rights-of-way . ( Department of Public Health and
Environment)
32 . Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance
with the Rules and Regulations of the Water Quality Control Commission , and the Environmental
Protection Agency . ( Department of Public Health and Environment)
33 . 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)
34 . The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank
Regulations . ( Department of Public Health and Environment)
35 . 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)
36 . 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)
37 . The operation shall comply with the Mine Safety and Health Act ( MSHA) . ( Department of Public Health
and Environment)
38 . The facility shall notify the County of any revocation and/or suspension of any State issued permit .
( Department of Public Health and Environment)
39 . 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)
40 . 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- 1495E effective date January 20 , 2016 (Big Thompson River
Floodplain) . Any development shall comply with all applicable Weld County requirements , Colorado
Water Conservation Board requirements as described in Rules and Regulations for Regulatory
Floodplains in Colorado , and FEMA regulations and requirements as described in 44 CFR parts 59 , 60 ,
and 65 . The FEMA definition 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 )
41 . 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 )
RESOLUTION USR20-0008
COULSON EXCAVATING COMPANY, INC AND CROISSANT FAMILY FARM, LLC
PAGE 13
42 Lighting shall be maintained in accordance with the approved Lighting Plan,as applicable (Department of
Planning Services)
43 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)
44 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
permit application Currently the following has been adopted by Weld County 2018 International Building
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 Building Inspection)
45 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)
46 The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners (Department of Planning Services)
47 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)
48 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)
49 Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced
within three (3) years from the date of Board of County Commissioners signed Resolution, unless
otherwise specified by the Board of County Commissioners when issuing the original Permit, or the
Permit shall be vacated
50 This Use by Special Review shall terminate when the use is discontinued for a period of three (3)
consecutive years,the use of the land changes or the time period established by the Board of County
Commissioners through the approval process expires The landowner may notify the Department of
Planning Services of a termination of the use,or Planning Services staff may observe that the use has
been terminated When either the Department of Planning Services is notified by the landowner, or
when the Department of Planning Services observes that the use may have been terminated, the
Planner shall send certified written notice to the landowner asking that the landowner request to vacate
the Use by Special Review Permit
51 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
RESOLUTION USR20-0008
COULSON EXCAVATING COMPANY, INC AND CROISSANT FAMILY FARM, LLC
PAGE 14
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
52 WELD COUNTY'S RIGHT TO FARM STATEMENT Weld County is one of the most productive
agricultural counties in the United States,typically ranking in the top ten counties in the country in total
market value of agricultural products sold The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas open views, spaciousness, wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life Without neighboring farms,those features which attract urban dwellers
to rural Weld County would quickly be gone forever
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area Well-run agricultural activities
will generate off-site impacts,including noise from tractors and equipment,slow-moving farm vehicles on
rural roads,dust from animal pens,field work, harvest and gravel roads,odor from animal confinement, _
silage and manure, smoke from ditch burning, flies and mosquitoes, hunting and trapping activities,
shooting sports, legal hazing of nuisance wildlife, and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County Section 35-3 5-102, C R S , provides that an agricultural operation shall not
be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production
Water has been, and continues to be, the lifeline for the agricultural community It is unrealistic to
assume that ditches and reservoirs may simply be moved"out of the way"of residential development
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water
Weld County covers a land area of approximately four thousand (4,000)square miles in size(twice the
size of the State of Delaware)with more than three thousand seven hundred(3,700) miles of state and
county roads outside of municipalities The sheer magnitude of the area to be served stretches available
resources Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses, including law
enforcement,ambulance,and fire Fire protection is usually provided by volunteers who must leave their
jobs and families to respond to emergencies County gravel roads,no matter how often they are bladed,
will not provide the same kind of surface expected from a paved road Snow removal priorities mean that
roads from subdivisions to arterials may not be cleared for several days after a major snowstorm
Services in rural areas, in many cases,will not be equivalent to municipal services Rural dwellers must,
by necessity, be more self-sufficient than urban dwellers
People are exposed to different hazards in the County than in an urban or suburban setting Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
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
V\AAAL35 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
c I2.O26 Tuesday , May 19 , 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 , Bruce Johnson , Gene Stille , Tom Cope , Lonnie Ford , Richard Beck , Elijah Hatch ,
Skip Holland .
Also Present : Kim Ogle and Diana Aungst , Department of Planning Services : Lauren Light , Department of
Health ; Mike McRoberts , Melissa King and Zack Roberson , Public Works : Bob Choate , County Attorney ,
and Kris Ranslem , Secretary .
CASE NUMBER : USR20-0008
APPLICANT : COULSON EXCAVATING COMPANY . INC AND CROISSANT FAMILY
FARM . LLC
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 , WITH ANCILLARY OPERATIONS
AND EQUIPMENT INCLUDING A HOT MIX ASPHALT ( HMA ) BATCH
PLANT . THE EXPORTING OF AGGREGATES . HOT MIX ASPHALT
AND RECYCLED ASPHALT , MINE OFFICE WITH SCALE HOUSE AND
SCALE , A FUELING/LUBRICATING STATION . PORTABLE
GENERATORS , MOBILE MINING EQUIPMENT PARKING AND
STORAGE , AND EMPLOYEE AND VENDOR PARKING OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES . IN THE A
(AGRICULTURAL ) ZONE DISTRICT .
LEGAL DESCRIPTION : LOT A REC EXEMPT RE- 1347 , BEING PART OF THE SE4 AND PART
OF THE SW4 ALL IN SECTION 19 . T5N , R67W OF THE 6TH P . M . ,
WELD COUNTY , COLORADO .
LOCATION : NORTH OF AND ADJACENT TO CR 54 ( FREEDOM PARKWAY) ; EAST
OF AND ADJACENT TO CR 13 (COLORADO BOULEVARD ) .
Commissioner Wailes noted that he knows both of the applicants and has an ownership in an adjacent
property . He added that the name of the project bears his mother' s maiden name and it was the site of
the playground of his youth . Mr. Wailes said with all those things being considered , he has not received
any financial compensation and feels that he can be impartial to this case .
Kim Ogle , Planning Services , presented Case USR20-0008 , reading the recommendation and comments
into the record . The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards . Mr. Ogle noted that Staff has an amendment
they would like to make to the resolution . Additionally , he noted that the applicant is requesting several
changes to the resolution as well .
Melissa King , Public Works , reported on the existing traffic , access to the site and drainage conditions for
the site .
Lauren Light , Environmental Health , reviewed the water and sanitary sewer requirements , on -site dust
control , and the Waste Handling Plan . Ms . Light said that based on the use of portable toilets she suggested
removing the last two sentences in Development Standard 30 .
Ken Coulson , President of Coulson Excavating Company , 2165 14th Street , Loveland . Colorado . stated that
they bought the property in 1987 and intended to mine it then . but the conditions were such that they didn ' t
need to use it . However, with the way the growth has been along the front range it is time to start this
project and added that the aggregate that will be mined will be used in Weld and Larimer Counties .
1
David Foster, 360 South Garfield,stated that he is representing the Coulson's He referred to Development
Standard 3 that deals with the hours of operation and he added that they are planning to operate 7am to
7pm He said that the Weld County Code allows them to operate during daylight hours and he added that
they are trying to find a middle ground to give their neighbors the comfort in knowing that they are not trying
to operate 7pm,when it would otherwise be possible
Mr Foster referred to Development Standard 4 and said that they anticipate 13 employees, but they might
have 15 employees, so they are looking for a little bit more flexibility
Additionally, Mr Foster referred to Development Standard 13 and requested to strike"any"as it speaks to
things well beyond what they can anticipate
With regard to Development Standard 43 speaking to light, Mr Foster referred to the word"nuisance" and
said that"nuisance"is a standard that is hard for him to identify and is not terribly objective,so he requested
to remove this word
Commissioner Wailes referred to the reclamation map and the thin line to the west and north of Pond 3 and
asked if that is a pipeline coming through Mr Coulson said it is a Sinclair pipeline Mr Wailes asked if
that line will be exposed Mr Coulson said they will stay 50 feet of either side of the pipeline
Commissioner Holland said that there are some important nesting birds in the area Mr Ogle said that
there are possible locations for nesting eagles along the river corridor Mr Coulson said that they are
leaving those trees for the birds and also for noise abatement
Commissioner Holland asked what happens with an operation like this when there is a major flood Mr
Coulson said that the water would have to be pumped out They want to put a spillway in each cell so that
if the water got so high it would spill into it and then spill out of each of those cells Mr Holland feels that it
should be annotated on the site plan for each of the spillways Mr Foster added that after operations, they
have been engineered for flood protection spillways for 100 years
The Chair asked if there was anyone in the audience who wished to speak for or against this application
John Cummings, 26700 CR 13, Johnstown, Colorado, said he would like to see the actual time of their
operations from 7am to 6 pm He had the opportunity to talk to the applicant to discuss the tree line along
the Hill and Brush Ditch and it appears from their drawings that the tree line is out of cell 1 and they wouldn't
be mining in that tree line Mr Cummings said that he feels this offers the residents north of that site to
help control dust, aesthetically pleasing for the community and will act as an additional sound barrier to the
20 to 25-foot berm that will surround the asphalt plant
Mr Cummings referred to wildlife in that area and noticed that Colorado Parks and Wildlife submitted a
referral and commented on bald eagles and raptors He has lived there for 20 years and in viewing that
river bottom there is only one(1) nesting bald eagle which is approximately one mile away to the west and
there hasn't been any historic use of this area for wintering bald eagles or nesting bald eagles
The Chair asked Staff for their recommended changes to the Resolution
Ms Light stated that the first sentence in Development Standard 30 is all that needs to be included
Motion Delete the last two sentences in Development Standard 30, as recommended by Staff, Moved by
Tom Cope, Seconded by Skip Holland Motion carried unanimously
The Chair referred to the applicant's request of changes and said that the two development standards that
he would be concerned about discussing is Item 3 relating to hours of operation and Item 4 related to
number of employees He preferred that the applicant work with planning on the remaining items that the
applicant has requested changes to before the Board of County Commissioner hearing The Planning
Commission agreed
Mr Foster requested that the hours of operation be from 7am to 7pm He added that they are not trying to
operate when it is not daylight
2
Commissioner Cope noted that the application states 7am to 6pm and asked if they acceptable to that or if
they are requesting to amend that Mr Foster replied that he thought that was an error and added that they
have been operating in other locations from 7am to 7pm
Motion Amend Development Standard 3 to reflect the hours of operation from 7am to 7pm, Moved by
Bruce Johnson, Seconded by Gene Stille Motion carried unanimously
The Chair asked if changing the number of employees creates a problem with Environmental Health Ms
Light said that they are proposing portable toilets, so it doesn't affect anything Mr Coulson stated that
they will have no more than 20 employees '
Motion Amend Development Standard 4 to limit the number of employees to 20, Moved by Bruce
Johnson, Seconded by Tom Cope Motion carried unanimously
Mr Ogle requested a minor change to the request language to read"A Site Specific Development Plan and
Use by Special Review Permit for open mining (sand, gravel and stone) and processing of minerals, with
ancillary operations and equipment including a Hot Mix Asphalt (HMA) Batch Plant, Recycled Asphalt
operations,the exporting of aggregates, mine office with scale house an scale, a fueling/lubricating station,
portable generators, mobile mining equipment parking and storage, and employee and vendor parking
outside of subdivisions and historic townsites in the A(Agricultural)Zone District
Motion Amend request language, as stated by Staff, Moved by Elijah Hatch, 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 USR20-0008 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 Stile, Seconded by Skip Holland
Commissioner Wailes said that he has known the Coulson family basically his entire life and they have
done a lot of operations in and around his neighborhood He added that Mr Cummings stated it well in his
letter that these guys are a top-notch organization and everything they do is at the highest level
Commissioner Stile echoed Mr Wailes's comments
Commissioner Cope said that it shows the applicants are doing a very good job since this is in a fairly visible
area and yet only one person came to talk and gave more support than opposition, which is very peculiar
for this type of operation
The Chair called for the Vote
Vote Motion carried by unanimous roll call vote(summary Yes=8)
Yes Bruce Johnson, Elijah Hatch, Gene Stile, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland,
Tom Cope
Meeting adjourned at 6 15 pm
Respectfully submitted,
45V-66,1 &WA/Yu
Kristine Ranslem
Secretary
3
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