HomeMy WebLinkAbout20200033.tiff EXHIBIT
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BEFORE THE WELD COUNTY. COLORADO. PLANNING COMMISSION 05g-101 -00 (43
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Johnson , that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR19-0063
APPLICANT LAZY TWO RANCH, LLC AND DUANE AND LYNN ROSS, C/O CONNELL
RESOURCES, INC
PLANNER. KIM OGLE
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW FOR
OPEN MINING (SAND. GRAVEL AND STONE) AND PROCESSING OF
MINERALS, INCLUDING A PORTABLE CONCRETE AND ASPHALT BATCH
PLANT. MINE OFFICE/SCALE HOUSE AND SCALE, A FUELING/LUBRICATING
STATION, PORTABLE GENERATORS, MOBILE MINING EQUIPMENT PARKING
AND STORAGE AND EMPLOYEE PARKING IN THE A (AGRICULTURAL) ZONE
DISTRICT
LEGAL DESCRIPTION E2SW4 AND NW4/W2SW4 OF SECTION 11 , T10N , R67W OF THE 6TH P M
WELD COUNTY, COLORADO
LOCATION NORTH OF AND ADJACENT TO CR 118: EAST OF AND ADJACENT TO CR 21
SOUTH OF AND ADJACENT TO CR 120 SECTION LINE
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 Department of Planning Services' staff that the applicant has shown compliance
with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A. 1 -- The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect.
Section 22-2-10. D states. -Extraction of natural resources is an important part of the economy of the
County_ Such extraction operations should minimize the impacts to agricultural lands and
agricultural operations. -
The County recognizes that mineral resource extraction is an essential industry. The availability
and cost of materials such as sand and gravel . have an effect on the successfulness of general
construction and County road and highway construction industries. The grazing lands associated
with the surface estate is underlain with a known viable aggregate deposit. With the completion of
mining , the site will be reclaimed as grazing lands planted in an approved NRCS high plains seed
mix, predominately grasses.
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 an older stream deposit preserved as a bench flanking the present
Lone Tree Creek stream course and consists of gravels, relatively clean and sound per the Weld
County Sand Gravel Resources map of 1974.
Section 22-5-80.C CM.Goal 3 states "CM . Goal 3. Minimize the impacts of surface and subsurface
mining activities on the surrounding land. land uses, roads and highways. "
The proposed mine will impact the adjacent land uses. roads and possibly highways. With the
exception of the community of Carr, properties surrounding the proposed Lazy Two Pit site are
primarily rural agricultural non-irrigated rangeland. The community of Carr includes approximately 30
to 40 semi-rural residential home lots north of the proposed site. Between the proposed Lazy Two Pit
and Carr Townsite, is a permitted aggregate mining property and the Plains All-American Pipeline
crude oil railroad terminal. Additionally, north of Carr Townsite, is the permitted Tucker Pit and Connell
Carr Pit. The rural nature of the area and the existing mining operations make the proposed mining
RESOLUTION USR19-0063
LAZY TWO RANCH . LLC AND DUANE AND LYNN ROSS. C/O CONNELL RESOURCES. INC
PAGE 2
operation and reclamation plan compatible with surrounding land uses. To address impact to the
area roads, the Department of Public Works is requiring a Road Maintenance Agreement for the
proposed mine site, including the haul route from the mine entrance, north on County Road 21 to
County Road 126, a paved local road , 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 where the northern edge of the Colorado Piedmont transitions up
to the High Plains of southern Wyoming. Aggregate materials within the proposed permit area are
composed of terrace deposits associated with the historic Lone Tree Creek drainage system . The
terrace deposits within the proposed permit area extend from the surface or near-surface to a variable
depth of approximately 10 feet below the ground surface. The aggregate material will be recovered
using equipment typical for sand and gravel mining operations. Earth moving equipment may include,
but are not limited to dozers. loaders, scrapers. and excavators. The aggregate material from the pit
will be temporarily stockpiled within the pit or transported directly to the processing facility. During
mining and reclamation activities, watering trucks for dust control will be used as needed. Since the
material is unconsolidated deposits. no explosives or blasting is required .
Section 22-5-80. E CM.Goal 5 states "Provide for timely reclamation of all mining sites and promote
their beneficial reuse.
Following temporary mining disturbances from the proposed Lazy Two Pit, reclamation will take place
concurrently with the single-phase mining activities. The current land use on the Lazy Two Pit
property is rangeland. The use of this land is not expected to change. Most of the land surrounding
the proposed permit area has similar uses of rangeland and open space. With so much open,
undeveloped land in the surrounding area, maintaining this land as rangeland is consistent with the
more regional land uses and for the continuation of agricultural operations.
B_ Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
Section 23-3-40. S of the Weld County Code provides for a Site Specific Development Plan and a
Special Review Permit for open mining and processing of minerals. (sand. gravel and stone),
including a portable concrete and asphalt batch plant, mine office/scale house and scale, a
fueling/lubricating station. portable generators, mobile mining equipment parking and storage and
employee parking during the period of mining of materials from the on-site mine in the A (Agricultural)
Zone District.
C. Section 23-2-220.A. 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent lands consist of rangelands and rural residences. The closest residence outside of the
permit boundary is about 250-feet south of County Road 118.
There are one (2) USRs within one mile of the site. 3AmUSR13-0065 for the Plains All-American
Pipeline Niobrara Crude Oil Transloading Terminal is located east-northeast of the site and SUP-392
for the Tri-State Generation and Transmission Association, Inc. , Laramie River - Ault 345 kV electric
Transmission Line is located one mile to the west of the site adjacent to County Road 19 .
The Weld County Department of Planning Services sent notice to fourteen ( 14) Surrounding Property
Owners. Planning staff received correspondence from one (1 ) surrounding property owners within 500
feet of the parent parcel The letter outlined concerns about potential impacts to their residential well ,
truck traffic on County Roads. property values. public health and safety and the permitting of the
portable concrete and asphalt batch plants.
The location of the batch plant(s) are to be located approximately 0. 5 miles north of County Road 118
RESOLUTION USR19-0063
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PAGE 3
or approximately one ( 1 ) mile from the residence to the batching area on the Lazy Two Ranch /
Connell Resources property.
The applicant has been in contact with the Surrounding Property Owners and is scheduled to conduct
a community meeting on December 3, 2019 at the Carr Community Church in Carr Townsite.
The Conditions of Approval require that the applicant submit an Emergency Action and Safety Plan ,
an accepted Noise Abatement Plan, an Improvements Agreement (for roads and traffic) and a
Screening Plan. The Development Standards and Conditions of Approval will assist in mitigating the
impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses
and the region.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development
of the surrounding area as permitted by the existing zoning and with the future development as
projected by Chapter 22 of the Weld County Code and any other applicable code provisions or
ordinances in effect, or the adopted Master Plans of affected municipalities.
The site is not located within a three (3) mile referral area of any municipality, nor is it located within
any existing Intergovernmental Agreement Area or Coordinated Planning Area (IGA/CPA) of a
municipality.
E. Section 23-2-220.A. 5 -- The application complies with Chapter 23, Articles V and XI , of the Weld
County Code.
The property is not within the Geologic Hazard Overlay District, a Special Flood Hazard Area, Airport
Overlay District or MS4 area. Building Permits issued on the lot will be required to adhere to the fee
structure of the County-Wide Road Impact Fee Program , County Facility Fee and Drainage Impact
Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural
land in the locational decision for the proposed use.
The proposed facility is located on approximately 304 acres of High Potential Dry Cropland per the
1979 Soil Conservation Service Important Farmlands of Weld County Map. There will be no prime
agricultural land removed due to mining.
G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health. safety. and
welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code) , Operation Standards (Section 23-2-
250, Weld County Code). Conditions of Approval and Development Standards can ensure that there
are adequate provisions for the protection of health . safety, and welfare of the inhabitants of the
neighborhood and County.
This recommendation is based , in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1 . Prior to recording the map:
A. The applicant shall address the requirements of the Colorado Division of Water Resources, as
stated in the referral response dated October 25, 2019. Written evidence of such shall be
submitted to the Weld County Department of Planning Services. (Colorado Division of Water
Resources)
B. The applicant shall provide evidence to the Department of Planning Services that all
noncommercial junkyard items located on the property are screened from all adjacent
RESOLUTION USR19-0063
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properties and public rights-of-way or have been removed from the property. (Department of
Planning Services)
C. The applicant shall provide evidence to the Department of Planning Services that the mobile
office located on the property has the appropriate building and land use permits or has been
removed from the property. (Department of Planning Services)
D . A Communication Plan shall be submitted to and approved by the Department of Planning
Services. (Department of Planning Services)
E. A Lighting Plan shall be submitted to and approved by the Department of Planning Services.
(Department of Planning Services)
F . A Screening Plan shall be submitted to and approved by the Department of Planning Services
that screens the site from the Surrounding Property Owners and public rights-of-way.
(Department of Planning Services)
G . An Improvements and Road Maintenance Agreement with triggers for off-site improvements is
required . Road maintenance includes, but is not limited to, dust control and damage repair to
specified haul routes. (Department of Public Works)
H . The map shall be amended to delineate the following:
1 . All sheets of the map shall be labeled USR19-0063 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260. D of the Weld County
Code. (Department of Planning Services)
4. The applicant shall delineate on the map the trash collection areas. Section 23-3-350. H
of the Weld County Code addresses the issue of trash collection areas. (Department of
Planning Services)
5 . The map shall delineate the opaque screening in accordance with the approved
Screening Plan. (Department of Planning Services)
6 . The map shall delineate the onsite lighting 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. County Road 21 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout.
The applicant shall delineate and label on the site map or plat the future and existing
right-of-way (along with the documents creating the existing right-of-way) and the
physical location of the road. All setbacks shall be measured from the edge of right-of-
way. This road is maintained by Weld County. (Department of Public Works)
10 . County Road 118 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout.
The applicant shall delineate and label on the site map or plat the future and existing
right-of-way (along with the documents creating the existing right-of-way) and the
RESOLUTION USR19-0063
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PAGE 5
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)
11 . County Road 120 is an unmaintained section line right-of-way. The applicant shall verify
and delineate on the map the unmaintained right-of-way and the documents creating the
right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is
not maintained by Weld County. Any unmaintained road needs to be located/identified in
relationship to the right-of-way. Show and label the section line Right-of-Way as -CR 120
Section Line Right-of-way, Not County Maintained." (Department of Public Works)
12. Show and label the approved access location, approved access width and the
appropriate turning radii (60-foot) on the site plan. The applicant must obtain an access
permit in the approved location 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 the drainage flow arrows. (Department of Public Works)
16. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
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.
(Department of Public Works)
B. If more than one ( 1 ) acre is to be disturbed for construction outside of the gravel mining area. a
Weld County grading permit will be required. (Department of Public Works)
5. Prior to Operation:
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)
RESOLUTION USR19-0063
LAZY TWO RANCH , LLC AND DUANE AND LYNN ROSS. C/O CONNELL RESOURCES. INC
PAGE 6
6. The Use by Special Review is not perfected until the Conditions of Approval are completed and the
map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on the
property. until the Use by Special Review map is ready to be recorded in the office of the Weld County
Clerk and Recorder or the applicant has been approved for an early release agreement. (Department
of Planning Services)
Motion seconded by Lonnie Ford .
VOTE:
For Passage Against Passage Absent
Bruce Johnson
Michael Wailes
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Elijah Hatch
Skip Holland
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
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 December 17, 2019.
Dated the 17th of December. 2019
Kristine Ranslem
Secretary
RESOLUTION USR19-0063
LAZY TWO RANCH , LLC AND DUANE AND LYNN ROSS. 0/0 CONNELL RESOURCES. INC
PAGE 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Connell Resources. Inc.
USR19-0063
1 . A Site Specific Development Plan and Use by Special Review USR19-0063, for open mining (sand , gravel
and stone) and processing of minerals, including a portable concrete and asphalt batch plant, mine
office/scale house and scale, a fueling/lubricating station, portable generators, mobile mining equipment
parking and storage and employee and vendor parking in the A (Agricultural) Zone District, subject to the
Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. All sand and gravel operations shall be conducted during the hours of daylight except in the case of
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 eleven (11 ). (Department of Planning Services)
5. The parking area for mine equipment, vendors and employees on the site shall be maintained.
(Department of Planning Services)
6. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
7. The proposed screening on the site shall be maintained in accordance with the approved Screening Plan.
(Department of Planning Services)
8. The Property Owner shall maintain compliance with the Communication Plan. (Department of Planning
Services)
9. Revisions as approved by the Colorado Division of Reclamation, Mining and Safety, may, as determined
by Weld County staff, require an amendment to this USR permit. (Department of Planning Services)
10. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15th of any given year signed by representatives for the Fire District and
the Weld County Office of Emergency Management to the Department of Planning Services. (Department
of Planning Services)
11 . The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to
Chapter 15. Article I and II , of the Weld County Code. (Department of Public Works)
12. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off-site tracking. (Department of Public Works)
13. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Department of Public Works)
14. Any work that may occupy and or encroach upon any County rights-of-way or easement shall acquire an
approved Right-of-Way Use Permit prior to commencement. (Department of Public Works)
15. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
RESOLUTION USR19-0063
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16. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit and
possible updates. (Department of Public Works)
17. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not be the
responsibility of Weld County. (Department of Public Works)
18. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
19. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
20. 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)
21 . 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)
22. 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)
23. Fugitive dust should attempt to be confined on the property. Uses on the property shall comply with the
Colorado Air Quality Commission's air quality regulations and the accepted dust abatement plan.
(Department of Public Health and Environment)
24. 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)
25. 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 modeling
report. (Department of Public Health and Environment)
26. 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)
27. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and patrons of the
facility, at all times. Portable toilets and bottled water are acceptable to provide drinking and sanitary
services to the site. Records of maintenance and proper disposal for portable toilets shall be retained on a
quarterly basis and available for review by the Weld County Department of Public Health and
Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County, contain hand
sanitizers and shall be screened from residences within one-half mile of the facility and high-volume roads
in consultation with the Department of Public Works. (Department of Public Health and Environment)
28. 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)
29. 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)
30. 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)
RESOLUTION USR19-0063
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31 . The operation shall comply with the Mine Safety and Health Act (MSHA). (Department of Public Health
and Environment)
32. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
33. 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)
34. Lighting shall be maintained in accordance with the approved Lighting Plan (Department of Planning
Services)
35. 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)
36. 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)
37. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code. (Department of Planning Services)
38. 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)
39. 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)
40. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to. sand and gravel, oil , natural gas, and coal.
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state
face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational
plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology
and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development. Often times. mineral resource sites
are fixed to their geographical and geophysical locations. Moreover, these resources are protected
property rights and mineral owners should be afforded the opportunity to extract the mineral resource.
RESOLUTION USR19-0063
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41 . 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
110
P L gmures SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
glg opt
\ Z ) 11 )2nVt Tuesday, December 17, 2019
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 1 :33 pm.
Roll Call .
Present: Michael Wailes, Bruce Johnson, Gene Stille, Tom Cope, Lonnie Ford , Richard Beck, Elijah Hatch,
Skip Holland .
Also Present: Kim Ogle, Chris Gathman , and Maxwell Nader, Department of Planning Services; Lauren
Light and Ben Frissell, Department of Health; Mike McRoberts and Zackery Roberson, Public Works: Bob
Choate and Karin McDougal, County Attorney, and Kris Ranslem, Secretary.
CASE NUMBER: USR19-0063
APPLICANT: LAZY TWO RANCH. LLC AND DUANE AND LYNN ROSS, C/O CONNELL
RESOURCES, INC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW FOR
OPEN MINING (SAND, GRAVEL AND STONE) AND PROCESSING OF
MINERALS, INCLUDING A PORTABLE CONCRETE AND ASPHALT BATCH
PLANT, MINE OFFICE/SCALE HOUSE AND SCALE. A FUELING/LUBRICATING
STATION , PORTABLE GENERATORS, MOBILE MINING EQUIPMENT
PARKING AND STORAGE AND EMPLOYEE PARKING IN THE A
(AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION. E2SW4 AND NW4/W2SW4 OF SECTION 11 ; T10N, R67W OF THE 6TH P. M . ,
WELD COUNTY, COLORADO.
LOCATION. NORTH OF AND ADJACENT TO CR 118; EAST OF AND ADJACENT TO CR
21 , SOUTH OF AND ADJACENT TO CR 120 SECTION LINE.
Kim Ogle, Planning Services, presented Case USR19-0063, reading the recommendation and comments
into the record . Mr. Ogle noted that one (1 ) letter from a surrounding property owner was received outlining
concerns of potential impacts to their residential well, truck traffic on county roads, property value, public
health and safety and the permitting of a portable concrete and asphalt batch plants. Expectancy of the
mine may be up to 20 years, depending on material demand. The applicant has been in contact with the
surrounding property owners and conducted a community meeting on December 3'. The Carr community
expressed concerns of excessive speed and dust generated by traffic on gravel roads including County
Road 21 . To address impact of the area road, the Department of Public Works is requiring an Improvements
and Maintenance Agreement with triggers for offsite improvements as required.
The Department of Planning Services recommends approval of this application with the attached conditions
of approval and development standards.
Mike McRoberts, Public Works, reported on the existing traffic, access to the site and drainage conditions
for the site.
Commissioner Wailes asked to clarify how long the section of roadway is requested to be paved. Mr.
McRoberts said that it is on County Road 21 between County Road 124 north to County Road 126. which
is about one mile.
Lauren Light, Environmental Health. reviewed the public water and sanitary sewer requirements. on-site
dust control , and the Waste Handling Plan .
Bill Schenderlein, Blue Earth Solutions. representing Connell Resources and Lazy Two Pit, P.O. Box 2427,
Fort Collins, Colorado, stated that this is an extension of the Carr pit. The plan is to increase or continue
the existing aggregate material in northern Colorado. He added that no utilities need to be relocated during
the mining process. The area to be mined is 290 acres within the permit area of 304 acres. The primary
truck route is from the site entrance at the northwest corner of the site north on County Road 21 , west on
1
County Road 126 then to 1-25. An estimated 90 percent of all internal truck traffic will leave the site and
head north .
Commissioner Johnson asked if dust control will be internal or on county roads. Mr. Schenderlein said that
water will be used for dust control on site on internal haul roads as well as county roads.
Commissioner Wailes asked if they considered taking County Road 124 to County Road 17 to County Road
126. Mr. Schenderlein said that particular route was thought of but there are additional residences along
that route, and it was just thought that this was the shortest distance between two points.
Commissioner Wailes asked why they are mining south to north as opposed to north to south as it is getting
closer to the Town of Carr. Mr. Schenderlein said that the north end of the site is two (2) miles from the
community of Carr. He added that one consideration is due to drainage because the south end of the site
is going to receive most of the backfill . The other consideration is that even though the north end of the site
is closer to the community of Carr, most of the closest and adjacent residences to the property are actually
on the south end of the site.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Phil MacLean, 10685 CR 118; stated that they own property east of adjacent to the proposed mining
operation and added that Connell Resources did a great job and dust is usually taken care of. However,
they are concerned with dust and concern on the width of the County Road 118. He expressed concern for
traffic traveling County Road 118 and feels that there should be some improvements done to that road .
Judy MacLean said that the applicants stated that they are not going to come down their road , but they are
concerned that the subcontractors will still use it. She expressed concern with traffic safety due to the blind
hills in their area. She added that Connell Resources has promised to help them to work with Weld County
on the grading of the roads to make them a little wider.
The Chair asked the applicant to clarify the haul route and the concern with subcontractors. Mr.
Schenderlein said that even though it isn't the primary haul route, the quickest way from the Lazy Two Pit
site to get to the east to Highway 85 is to go across County Roads 118 and 120 and then over to Highway
85. It is a route that is already used by an existing Weld County gravel pit and it was mentioned at the
community meeting that the surrounding property owners feel that the roads were getting too narrow. He
said that at the meeting they offered to talk to Weld County Public Works and work with them on the roads.
Additionally. he said that they will talk with their drivers on speed limits and the possibility of installing speed
limit signs.
Commissioner Ford asked what percentage of their trucks will be traveling on County Road 118. Mr.
Schenderlein said that unless it is for a specific project, their trucks shouldn't be traveling on County Road
118.
Tony Connell, 7785 Highland Meadows Parkway, Windsor, Colorado, stated that they have agreed to pave
that first mile to mitigate the dust issue. He believes the proposed truck route will be the traffic pattern best
served by everyone.
Commissioner Wailes asked Staff about installing private signs. Mr. McRoberts said that he doesn't think
Weld County would support private signs in public right-of-way.
The Chair asked the applicant if they have read through the 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 USR19-0063 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval.
Moved by Bruce Johnson, Seconded by Lonnie Ford .
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.
2
Commissioner Ford said that the comments from the public is pretty important regarding the width of the
county roads. He added that he is concerned with the county trucks driving on these narrow roads and
suggested the County Commissioners take a look at these roads and try to make it safer.
Commissioner Johnson concurred with Mr. Ford's statement.
Commissioner Wailes echoed Mr. Ford's comments.
Meeting adjourned at 4:30 pm.
Respectfully submitted,
a^ uw ,Canna-lk
Kristine Ranslem
Secretary
3
ATTENDANCE RECORD
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