HomeMy WebLinkAbout20201501.tiff EXHIBIT
BEFORE THE WELD COUNTY , COLORADO , PLANNING COMMISSION -- 0`75
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 : USR19-0075
APPLICANT : RICHARD AND PATRICIA HUWA , C/O ARNOLD ' S CUSTOM SEEDING ; LLC
PLANNER : KIM OGLE
REQUEST : A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OPEN MINING AND PROCESSING OF MINERALS (TOPSOIL AND
OVERBURDEN ) IN THE A (AGRICULTURAL ) ZONE DISTRICT.
LEGAL DESCRIPTION : NW4 OF SECTION 35 , T2N . R63W OF THE 6TH P . M . . WELD COUNTY ;
COLORADO .
LOCATION : EAST OF AND ADJACENT TO CR 69 , SOUTH OF AND ADJACENT TO CR 16 .
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 ordinances in effect.
Section 22-2-20 .A (A. Goal 1 ) states : " Respect and encourage the continuation of agricultural
land uses and agricultural operations for purposes which enhance the economic health and
sustainability of agriculture . " Following mining , the reclaimed land use will be reclaimed as
productive agricultural lands .
Section 22- 5- 80 . B (CM . Goal 2 ) states , " Promote the reasonable and orderly development of mineral
resources . " According to the Weld County Sand , Gravel Resources map dated July 1 , 1975 , the
property is classified as Valley- Fill deposits having unevaluated aggregate deposits of gravel , sand ,
silt and clay. The application materials indicated that this property has limited overburden and that
extraction activities will remove approximately twenty-four (24) inches less the first four (4) inches of
topsoil from the natural grade of the surface .
Section 22- 5-80 . C (CM . Goal 3) states , ` Minimize the impacts of surface and subsurface mining
activities on the surrounding land , land uses , roads and highways . " The Department of Public Works
is requiring an Improvements and Road Maintenance Agreement for road maintenance and future
improvement triggers . The agreement will detail the approved haul route (s) , outline when off- site
improvements will be triggered , and include a maintenance agreement for the haul routes
Section 22- 5-80 . D . 1 . h (CM . Policy 4 . 1 . 8 ) states , " Require all mining operations conform to federal ,
state and local environmental standards . " The extraction of the resource will commence on lands in
the north and move in a southerly direction across the site . As stated in the application there will be
no materials processing of materials on this property . The applicant proposes to utilize trucked in
water for dust suppression and abatement and will cease operations during high wind events . The
applicant also has a State of Colorado Division of Reclamation , Mining and Safety , Division/DRMS .
Permit No . M2016- 022 . conditionally approved on September 6 , 2019 .
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 . A . 3 of the Weld County Code provides for a Site Specific Development Plan
and Special Review Permit for Open Pit Mining (topsoil , overburden . sand , gravel and stone) and
processing of materials 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 area is comprised of irrigated and non- irrigated agricultural lands . A
RESOLUTION USR19-0075
RICHARD AND PATRICIA HUWA, C/O ARNOLD'S CUSTOM SEEDING, LLC ,
PAGE 2
115kV Transmission Line flanks the west property line(USR-1186)and within one-half mile are two
private airstrips, (USR-1173) south of County Road 16 and (USR-868) north of County Road 16
The relatively rural nature of the area and the current and proposed mining operations make this
proposed mining operation and reclamation plan compatible with surrounding land uses
The Weld County Department of Planning Services sent notice to ten (10) Surrounding Property
Owners Planning staff received no correspondence from property owners within 500 feet of the
parent parcel There are twenty-two (22) residences located within one mile of the proposed mine
site There are four(4)residential structures in the near vicinity,approximately fifty(50)feet from the
north property line, near the property access road to the farm and to County Road 16 is the first
residence with outbuildings,the second residence is to the west,the third is to the northwest of the
intersection of County Road 16 and County Road 69 and the fourth residence is to the north of the
northeast corner of the property All of the latter three residences are a minimum of 110-feet from the
property line The Department of Planning Services has received no telephone calls or
correspondence concerning this land use application
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 There are no
municipalities within the three-mile referral area of the project site
The proposed permit area currently consists of irrigated lands and in general the surrounding
property is primarily irrigated and non-irrigated agricultural lands Planning Staff believes that,with
the endorsement of the Conditions of Approval, contained in this recommendation,the approval of
this use will not jeopardize the health, safety and welfare of the surrounding property owners
E Section 23-2-220 A 5—The application complies with Section 23-5-230 of the Weld County Code
/
The proposed mine is not located within a regulatory floodplain,the MS4 area,the Geologic Hazard
and Airport Overlay Areas
Building Permits issued will be required to adhere to the fee structure of the County-wide Road
Impact, the County Facility Fee and Drainage Impact Fee Programs (Department of Planning
Services)
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 property to be mined contains
approximately 160 acres of"Prime"agricultural lands The"Prime"agricultural lands will be taken
temporarily out of production with this proposal for the period of topsoil mining and returned to
cropland as the post mining use The land has limited physical improvements, three (3)
outbuildings/storage sheds
G Section 23-2-220 A 7 -- The Design Standards (Section 23-2-240 of the Weld County Code),
Operation Standards (Section 23-2-250 of the Weld County Code), Conditions of Approval, and
Development Standards ensure that there are adequate provisions for the protection of health,
safety, and welfare of the inhabitants of the neighborhood and County
H Section 23-4-250 -- Additional requirements for Open-mining has been addressed through this
application and the Development Standards will ensure compliance with Section 23-4-250 Weld
County Code
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
RESOLUTION USR19-0075
RICHARD AND PATRICIA HUWA. C/O ARNOLD ' S CUSTOM SEEDING , LLC
PAGE 3
1 . Prior to recording the map :
A. The applicant shall attempt to address the requirements (concerns) of the Colorado Division of Water
Resources . as stated in the referral response dated February 20 , 2020 . Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services . ( Department of Planning
Services )
B . The applicant shall attempt to address the requirements (concerns) of Henrylyn Irrigation District , as
stated in the referral response dated March 16 , 2020 . Evidence of such shall be submitted in writing
to the Weld County Department of Planning Services . ( Department of Planning Services)
C . Public Works is requesting an Improvements and Road Maintenance Agreement with triggered off-
site improvements . Road Maintenance includes . but is not limited to , dust control and damage
repairs to specified haul routes . ( Department of Public Works)
D -
from a ac j s of way or be removed from tie property .
As this is an old farmstead with outbuildings, there are components associated with a non
commercial junkyard that are present on the property . This includes tin blown off of buildings. a pick
appears to have been in a crash , piles of debris from demolished old buildings. obsolete tires ,
general debris . et cetera .
noncommercia jun-cyard must a so be removes from tie
noncommercial junkyard and derelict vehicles was obtained du-ring the planting of the land use
arch 25 , 2020 .
e or erect a
Department of Planning Services .
E . The map shall be amended to delineate the following :
1 . All sheets of the map shall be labeled USR19- 0075 . ( 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 . County Road 14 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)
5 . County Road 16 is a paved road and is designated on the Weld County Functional Classification
Map as a collector road which requires 80 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 USR19-0075
RICHARD AND PATRICIA HUWA, C/O ARNOLD'S CUSTOM SEEDING, LLC
PAGE 4
6 County Road 69 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)
7 Show and label the approved access location and access type(s) (Agricultural, Residential,
Commercial/Industrial and/or Oil and Gas), approved access width (24'to 40' measured at the
right-of-way line) and the appropriate turning radii (60') on the site plan The applicant must
obtain an access permit in the approved location prior to operation (Department of Public Works)
8 Show and label the approved tracking control on the site plan (Department of Public Works)
9 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)
10 Show and label the drainage flow arrows (Department of Public Works)
11 Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property (Department of Public Works)
12 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)
13 The map shall delineate the parking area for the Dozer, the Front-End Loader, the fifteen (15)
gravel trucks and for the two (2) employees (Department of Planning Services)
14 Show the privacy fencing to screen the mining equipment and parking areas for the employees
from adjacent property and public road rights-of-way
15 Show and label all recorded easements on the map by book and page number or reception
number and date
16 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
2 Prior to Mining
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)
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)
D The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency
Management and the Fire District The plan hall 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)
3 The Special Review activity shall not occur,nor shall any building permits be issued on the property until
the Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder
RESOLUTION USR19-0075
RICHARD AND PATRICIA HUWA, C/O ARNOLD'S CUSTOM SEEDING, LLC
PAGE 5
(
(Department of Planning Services)
4 The attached Development Standards for the Special Review Permit shall be adopted and placed on the
Special Review Map prior to recording The completed map shall be delivered to the Weld County
Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's
Office within one hundred twenty (120) days of approval by the Board of County Commissioners
(Department of Planning Services)
5 In accordance with Weld County Code Ordinance#2012-3,approved April 30,2012, should the plat 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 added for each additional three '
(3) month period (Department of Planning Services)
Motion seconded by Gene Stdle
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, Michelle Wall, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on May 5, 2020
Dated the 5th of May, 2020
Ith L--
Michelle Wall
Secretary
RESOLUTION USR19-0075
RICHARD AND PATRICIA HUWA, C/O ARNOLD'S CUSTOM SEEDING, LLC
PAGE 6
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Arnold's Custom Seeding, LLC
USR19-0075
1 A Site Specific Development Plan and Special Review Permit,USR19-0075 for Open Pit Mining(topsoil,
overburden,sand, gravel and stone)and processing of materials in the A(Agricultural)Zone District,as
indicated in the application materials on file and 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 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)
4 No permanent disposal of wastes shall be permitted at this site This is notmeant 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)
5 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)
6 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)
7 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)
8 The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in 25-12-103 C R S (Department of Public Health and Environment)
9 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)
10 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)
11 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)
12 The operation shall comply with the Mine Safety and Health Act(MSHA) (Department of Public Health
and Environment)
13 The facility shall notify the County of any revocation and/or suspension of any State issued permit
(Department of Public Health and Environment)
RESOLUTION USR19-0075
RICHARD AND PATRICIA HUWA, C/O ARNOLD'S CUSTOM SEEDING, LLC
PAGE 7
14 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)
15 The property owner or operator shall be responsible for controlling noxious weeds on the site,pursuant to
Chapter 15, Article I and II, of the Weld County Code (Department of Public Works)
16 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)
17 There shall be no parking or staging of vehicles on public roads On-site parking shall be utilized
(Department of Public Works)
18 Any work that may occupy and or encroach upon any County rights-of-way or easement shall acquire an
approved Right-of-Way Use Permit prior to commencement (Department of Public Works)
19 The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement (Department of Public Works)
20 The Improvements and Road Maintenance Agreement for this site may be reviewed on an annual basis,
including a site visit and possible updates (Department of Public Works)
21 The historical flow patterns and runoff amounts on the site will be maintained (Department of Public
Works)
22 Weld County is not responsible for the maintenance of onsite drainage related features (Department of
Public Works)
23 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)
24 Sources of light shall be shielded so that beams or rays of light 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) \
25 Section 23-4-290 B of the Weld County Code limits the hours of operation for sand and gravel operations
to the hours of day light except in the case of public or private emergency or to make necessary repairs to
equipment Hours of operation may be extended with specific permission from the Weld County Board of
County Commissioners This restriction shall not apply to operation of administrative and executive
offices or repair and maintenance facilities located on the property (Department of Planning Services)
26 Existing vegetation and ground cover along public road frontage and drainage ways shall be preserved,
maintained, and supplemented, if necessary, for the depth of the setback in order to protect against
and/or reduce noise, dust, and erosion (Department of Planning Services)
27 Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County-
wide Road Impact Fee Program and the County Facility Fee and Drainage Impact Fee Program
(Department of Planning Services)
28 Building permits will be required, per Section 29-3-10 of the Weld County Code Currently the
following has been adopted by Weld County 2018 International Residential Code,2018 International
Building Code, 2018 International Mechanical Code, 2018 International Plumbing Code, 2018
International Plumbing Code, 2018 International Fuel Gas Code, 2006 International Energy
Conservation Code, and 2017 National Electrical Code (Department of Building Inspection)
29 The number of employees associated with the daily operations of mining and processing operations is
limited to 2 persons, as stated by the applicant (Department of Planning Services)
RESOLUTION USR19-0075
RICHARD AND PATRICIA HUWA, C/O ARNOLD'S CUSTOM SEEDING, LLC
PAGE 8
30 The number of truck drivers is limited to 15 persons,as stated by the applicant (Department of Planning
Services)
31 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)
32 The property owner or operator shall be responsible for complying with the Design Standards of Section
23-2-240 of the Weld County Code
33 The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 of the Weld County Code
34 The property owner or operator shall be responsible for complying with the open-mining standards of
Section 23-4-250, Weld County Code
c
35 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)
36 The 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)
37 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 -(Department of Planning Services)
38 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 (Department of Planning Services) ,
39 In accordance with Section 23-2-200 E of the Weld County Code, if the Use by Special Review has not
commenced from the date of approval or is discontinued for a period of three (3) consecutive years, it
shall be presumed inactive The county shall initiate an administrative hearing to consider whether to
grant an extension of time to commence the use or revoke the Use by Special Review If the Use by
Special Review is revoked, it shall be necessary to follow the procedures and requirements of Division 4
of the Weld County Code in order to reestablish any Use by Special Review (Department of Planning
Services)
40 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)
41 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
RESOLUTION USR19-0075
RICHARD AND PATRICIA HUWA, C/O ARNOLD'S CUSTOM SEEDING, LLC
PAGE 9
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
42 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, sand burs, 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
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETINGbog lg _00..
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Tuesday , May 5 , 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 : 44 pm .
Roll Call .
Present : Michael Wailes , Bruce Johnson , Gene Stille , Tom Cope , Lonnie Ford , Richard Beck, Elijah Hatch .
Skip Holland .
Also Present : Kim Ogle , Diana Aungst, and Maxwell Nader, Department of Planning Services ; Lauren
Light , Department of Health ; Mike McRoberts and Melissa King , Public Works ; Bob Choate , County
Attorney , and Michelle Wall , Secretary .
CASE NUMBER : USR19-0075
APPLICANT : RICHARD AND PATRICIA HUWA. CIO ARNOLD' S CUSTOM SEEDING ; LLC
PLANNER : KIM OGLE
REQUEST : A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OPEN MINING AND PROCESSING OF MINERALS (TOPSOIL
AND OVERBURDEN ) IN THE A (AGRICULTURAL ) ZONE DISTRICT.
LEGAL DESCRIPTION : NW4 OF SECTION 35 ; T2N ; R63W OF THE 6TH P . M . ; WELD COUNTY ,
COLORADO .
LOCATION : EAST OF AND ADJACENT TO CR 69 , SOUTH OF AND ADJACENT TO CR 16 .
Kim Ogle , Planning Services , presented Case USR19-0075 , 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 .
Staff recommended an amendment to the staff report . Mr. Ogle suggested to strike Condition of Approval
1 . D . under Prior to Recording the Map . He said the noncommercial junkyard and other debris that was on
the property has been removed .
Mike McRoberts , Public Works , reported on the existing traffic, access to the site and drainage conditions
for the site .
The Chair asked Mr. Roberts how the variance works and if it will be taken to the Board of Adjustment . Mr.
McRoberts explained that a variance request for access would be handled by Public Works .
Lauren Light , Environmental Health , reviewed the public water and sanitary sewer requirements , on -site
dust control , and the Waste Handling Plan .
Doug Cook , 4032 County Road 65 , Keenesburg . Colorado . representing Mr. and Mrs . Huwa and Arnold ' s
Custom Seeding . Mr. Cook stated the applicant is proposing to mine the topsoil . The topsoil will mainly be
used for reclaim of oil and gas locations for things like pulling up the road base during the reclamation
process . He said that will mine one acre at a time and the remaining land will be used to harvest crop bi-
yearly due to it being dryland .
Commissioner Cope asked Mr. Cook how long it will take to mine the whole site . Mr. Cook said with Oil
Trading being a negative $20 . 00 , he believes it will take about ten years . He said if they can get decent
plant growth , the property should be back to its normal state . Mr. Cook said the property used to have flood
ground on it and it was irrigated so that is why the topsoil is at twelve inches . He said it is now dryland and
will sustain a dryland crop with 4 — 5 inches of topsoil .
The Chair asked Mr. Cook if they planned on mining twelve inches deep . Mr. Cook responded that there
is twelve inches of existing topsoil . They will remove and save the top four inches that contain organic
matter in the root base and reuse it for reclamation . The remaining eight inches will be stripped , grub the
material back and start its rotation back into the agriculture use again .
The Chair asked if there was anyone in the audience who wished to speak for or against this application
No one in the room wished to speak and no emails were received from the public who were viewing the live
stream
Motion Delete Condition of Approval 1 D as recommended by Staff, Moved by Tom Cope, Seconded
by Bruce Johnson Motion carried unanimously
The Chair asked the applicant if they have read through the Amended Development Standards and
Conditions of Approval and if they are in agreement with those The applicant replied that they are in
agreement
Motion Forward Case USR19-0075 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of denial, Moved
by Bruce Johnson, Seconded by Gene Stille
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 3 29 pm
Respectfully submitted,
W M-
Michelle Wall
Secretary
1
A 222e2
ATTENDANCE RECORD
NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL
John Doe 123 Nowhere Street, City, State, Zip
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