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BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola, 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:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
U SR 17-0054
JESSICA LEE, C/O BESTWAY CONCRETE
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR
MINERAL RESOURCE DEVELOPMENT INCLUDING OPEN PIT MINING (SAND,
GRAVEL AND STONE), AND MATERIALS PROCESSING IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LOT A AND LOT B OF RE -1802 AND PART NW4 ALL IN SECTION 19, T6N,
R67W OF THE 6TH P.M.. WELD COUNTY. COLORADO.
SOUTH OF AND ADJACENT TO STATE HIGHWAY 392; EAST OF AND
ADJACENT TO CR 13.
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 temporary mining disturbances from the proposed Lee mine, the reclaimed
land use will be three (3) graded and seeded parcels.
Section 22-2-20.C A.Goal.3 states "County land use regulations recognize and respect the rights
afforded by the State Constitution and associated statutes of individually decreed water rights.
Water rights are considered real property and should be protected as any other private property right."
The proposed mining operation will not use or retain surface water. Mine dewatering will occur and
this water will be co -mingled with stormwater and discharged into the Cache La Poudre River as
permitted under the Colorado Department of Public Health and Environment Discharge Permit no.
COG501546. Therefore, the temporary operation will not negatively affect the surrounding hydrologic
balance or established water rights.
Section 22-4-30.B WA.Goal 2. Strive to maintain and protect water supply storage facilities,
conveyances and infrastructure adequate to sustain continued water use, and Section 22-4-30.B.1
WA.Policy 2.1. Land use regulations should protect the historic and future operational viability of
water storage, conveyance and delivery infrastructure when applications for proposed land use
changes are considered. Following temporary mining disturbances from the proposed Bestway
mine, the reclaimed land use will be later developed to the highest possible end use, and will likely
comprise a mixed use, which may include other agricultural uses as well as light residential,
commercial or industrial uses.
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 F-1 (Floodplain — coarse aggregates: relatively clean and sound). The
application materials indicated that this property has 2-4 feet of overburden and that extraction
activities will remove aggregate to an average mean depth of 17 -feet from the natural grade of the
surface.
EXHIBIT
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RESOLUTION USR17-0054
JESSICA LEE, C/O BESTWAY CONCRETE
PAGE 2
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 applicant will utilize an
internal access road and a conveyor to transport the mineral resource to the existing batch plant
located within the Town Limits of Windsor located south of State Highway 392 and east of County
Road 13.
Section 22-5-80.D.1.h (CM.Policy 4.1.8) states, "Require all reining operations conform to federal,
state and local environmental standards."
The extraction of the resource will commence on lands adjacent to State Highway 392 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 utilized 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. M2000-144,
conditionally approved amendment on March 20, 2017.
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 a Special Review Permit for a Mineral Resource Development including Open Pit Mining and
Materials Processing (sand, gravel and stone). 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 reclaimed gravel mines located to the west is the
former Connell Resources mine, reclaimed as a water storage basin, to the northwest is the former
Martin Marietta mine reclaimed as a water storage basin and to the north is State Highway 392, Main
Street for Windsor, and across this highway is the former Flatiron Construction mine, reclaimed as a
water storage basin and lands currently improved for a single family residence. To the south is the
Cache La Poudre river, river corridor and associated floodway and floodplain. Residential
development is located to the southwest in Larimer County and is positioned out of the
floodplain and overlooks the mine site and lower lands to the east. To the northeast is the
Windsor Gardener and High Hops Brewery and directly adjacent to the east are water
storage basins associated with the Bestway North La Poudre mine. Directly adjacent to the
south are the concrete and asphalt batch plants and associated improvements for the
Bestway mining and processing activities. Mining activity has occurred in this location since
1983. The proposed Lee mine utilizes unmined lands north of the current mining and batching
operations with the mineral resource transported via an internal road and conveyor to the processing
area. Plant access remains the same as in 1983 with all vehicles exiting the site through a Town of
Windsor point of ingress and egress for the facility.
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 Town of Windsor
and Larimer County are within the three-mile referral area of the project site. The Town of Windsor
returned a referral dated October 17, 2017 and stated the property is located within the Coordinated
Planning Area between Weld County and the Town of Windsor and within the Town's Growth
Management Area per the Town's Comprehensive Plan and depicts this area as "Park/Open Space".
The Town requests that the historic drainage be maintained through the area including during mining
and reclamation. The Town also states the entire site is located within the Floodway and minimum
State standards for Floodways need to be met. The Town is requesting a interim landscape treatment
be implemented adjacent to State Highway 392 during mining activities and long term post
reclamation per the adopted CPA design standards. Larimer County did not return a referral. The
proposed permit area currently consists of pasture grasses and in general the surrounding property
is primarily irrigated and non -irrigated agricultural lands. There are three reclaimed mineral resource
developments within one mile of this proposed facility. 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.
RESOLUTION USR17-0054
JESSICA LEE, CIO BESTWAY CONCRETE
PAGE 3
E. Section 23-2-220.A.5 -- The application complies with Section 23-5-230 of the Weld County Code.
The proposed mine is located within a FEMA regulatory floodway and floodplain. A Flood Hazard
Development Permit is required for any development in the floodplain.
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)
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 "Irrigated Land
— Not Prime" agricultural lands that do not have irrigation water. therefore, no irrigated agricultural
land will be taken out of production with this proposal. The land is presently vacant without
improvements and is planted in pasture grasses.
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 insure 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:
1. Prior to recording the map:
A. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR17-0054. (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The USR map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to State
Highways. The applicant shall contact the Colorado Department of Transportation to determine
the current and future right-of-way and delineate this right-of-way on the site plan. All setbacks
shall be measured from the edge of right-of-way. (Department of Planning Services)
5. County Road 13 is classified as an Arterial Street with an ultimate right-of-way width of sixty-five
(65) feet east of the section line. The existing right-of-way varies from thirty-five (35) feet to forty-
five (45) feet. The applicant shall delineate on the site plan the existing right-of-way and future
right-of-way for County Road 13. All setbacks shall be measured from the edge of right-of-way.
This road is maintained by the Town of Windsor. (Town of Windsor)
6. Show and label the approved Town of Windsor access(es) on the site pan and label with the
approved access permit number if applicable. (Department of Public Works)
7. Should exterior lighting be a part of this facility, all light standards shall be delineated on the USR
Map. (Department of Planning Services)
8. 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)
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RESOLUTION USR17-0054
JESSICA LEE, C/O BESTWAY CONCRETE
PAGE 4
9. 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)
10. The applicant shall show the drainage flow arrows, (Department of Planning Services — Engineer)
11. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the
map per the setback requirements of 23-3-50.E of the Weld County Code.
B. If exterior lighting is proposed the applicant shall submit a Lighting Plan with cut -sheets for the
proposed light standards to be utilized at the mine for review and approval, and show the lighting on
the USR map. (Department of Planning Services)
C. 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)
D. The applicant/ operator shall address the requirements of the Town of Windsor and submit a
Landscape Plan addressing the interim landscape treatment during mining activities, specific to
Chapter 19, Article VI, Section 19-6-90, Common Development Standards per the Coordinated
Planning Agreement of 2015, bearing in mind that the entire property is within the Floodway boundary
of the Cache La Poudre River. (Town of Windsor)
E. The applicant/ operator shall address the requirements of the Town of Windsor and submit the
approved haul route from the Town for all traffic from the batch plant and mine onto Town of Windsor
roads. (Town of Windsor)
2. Prior to Mining:
A. If more than one (1) acre is to be disturbed for construction of non -gravel pit items such as structures,
parking lots, laydown yards et cetera..., a Weld County grading permit will be required. (Department
of Planning Services -Engineer)
B. 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)
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)
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.
(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 2005-7 approved June 1, 2005, should the map not be
recorded within the required one hundred twenty (120) days from the date the Board of County
Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3 month
period. (Department of Planning Services)
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RESOLUTION USR17-0054
JESSICA LEE, C/O BESTWAY CONCRETE
PAGE 5
Motion seconded by Tom Cope.
VOTE:
For Passage
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Michael Wailes
Terry Cross
Tom Cope
Gene Stille
Lonnie Ford
Against Passage Absent
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 5, 2017.
Dated the 5 of December, 2017
Kristine Ranslem
Secretary
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RESOLUTION USR17-0054
JESSICA LEE, C/O BESTWAY CONCRETE
PAGE 6
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Bestway Concrete Company
USR17-0054
1. A Site Specific Development Plan and Special Review Permit, USR17-0054 for Mineral Resource
Development including Open Pit Mining (sand, gravel and stone) 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., as amended) 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 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.. as amended. (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. (Department of Public Health and
Environment)
6. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the
Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment)
7. 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)
8. The operation shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area
in a manner that prevents nuisance conditions. (Department of Public Health and Environment)
9. 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 and shall contain hand sanitizers. (Department of
Public Health and Environment)
10. 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)
11. The operation shall comply with the Mine Safety and Health Act (MSHA). (Department of Public Health
and Environment)
12. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
13. The applicant shall notify the County upon receipt of any compliance advisory or other notice of
noncompliance of a State issued permit, and of the outcome or disposition of any such compliance
advisory or other notice of non-compliance. (Department of Public Health and Environment)
RESOLUTION USR17-0054
JESSICA LEE, C/O BESTWAY CONCRETE
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 historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services — Engineer)
16. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Planning Services — Engineer)
17. 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 -1480E effective date January 20. 2016 (Cache la Poudre 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)
18. 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)
19. Lighting on the site shall be designed so that the lighting will not adversely affect surrounding property
owners. (Department of Planning Services)
20. 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)
21. 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)
22. 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)
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. The property owner shall control noxious weeds on the site. (Department of Public Works)
25. Buildings. equipment 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: 2012 International
Building Code; 2012 International Mechanical Code; 2012 International Plumbing Code: 2006 International
Energy Code; 2012 International Fuel Gas Code; 2014 National Electrical Code; 2009 ANSI 117.1
Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building Inspection)
26. Building Permits issued on the parcel(s) 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)
RESOLUTION USR17-0054
JESSICA LEE, O/O BESTWAY CONCRETE
PAGE 8
27. The number of employees associated with the daily operations of mining and processing operations is
limited to 6 persons per shift. (Department of Planning Services)
28. 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)
29. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15'" 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)
30. The property owner or operator shall be responsible for complying with the Design Standards of Section
23-2-240 of the Weld County Code.
31. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 of the Weld County Code.
32. The property owner or operator shall be responsible for complying with the Open -mining Standards of
Section 23-4-250, Weld County Code.
33. 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)
34. 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.
35. 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)
36. 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)
37. 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.
38. WELD COUNTY'S RIGHT TO FARM: 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
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RESOLUTION USR17-0054
JESSICA LEE. C/O BESTWAY CONCRETE
PAGE 9
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.
Fa LkAf..5
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. December 5, 2017
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,
Terry Cross. at 12:30 pm.
Roll Call.
Present: Bruce Johnson. Bruce Sparrow, Gene Stille. Jordan Jemiola. Michael Wailes. Terry Cross. Tom
Cope. Lonnie Ford
Also Present Kim Ogle and Chris Gathman. Department of Planning Services: Hayley Balzano,
Department of Planning Services — Engineering Division: Lauren Light and Ben Frissell, Department of
Health: Evan Pinkham, Public Works, Bob Choate. County Attorney.. and Kris Ranslem, Secretary.
Motion: Approve the November 21. 2017 Weld County Planning Commission Minutes, Moved by Bruce
Sparrow. Seconded by Bruce Johnson. Motion passed unanimously.
CASE NUMBER:
APPLICANT
PLANNER
REQUEST
LEGAL DESCRIPTION
LOCATION.
USR 17-0054
JESSICA LEE. CIO BESTWAY CONCRETE
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR
MINERAL RESOURCE DEVELOPMENT INCLUDING OPEN PIT MINING
(SAND, GRAVEL AND STONE), AND MATERIALS PROCESSING IN THE A
(AGRICULTURAL) ZONE DISTRICT
LOT A AND LOT B OF RE -1802 AND PART NW4 ALL IN SECTION 19, T6N,
R67W OF THE 6TH P M WELD COUNTY, COLORADO.
SOUTH OF AND ADJACENT TO STATE HIGHWAY 392, EAST OF AND
ADJACENT TO CR 13
Kim Ogle, Planning Services. presented Case USR17-0054. 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.
Evan Pinkham. Public Works. reported on the existing traffic and access to the site_
Hayley Balzano, Engineering. reported on the drainage conditions for the site.
Lauren Light. Environmental Health, reviewed the public water and sanitary sewer requirements. on -site
dust control. and the Waste Handling Plan. Ms. Light referred to Development Standards 12 and 13 and
said that they are new and added that they have been requested by the Board of County Commissioners
for any facility that have State or Federally issued permits. It requires the operator to notify the County of
any non-compliance or revocation of any State or Federal Permits, This would allow the County to proceed
with any actions that may be needed in regard to the USR Permit.
Commissioner Cope asked for further explanation. Bob Choate, County Attorney, said that there are
specific development standards which require the operator of a USR to meet certain requirements. such as
compliance with their Air Emissions Permit. He added that we were relying on CDPHE to notify us of any
significant compliance violations and the State was not doing that. He added that we have been trying to
get the State to notify us but they haven't been cooperative_ Mr_ Choate said it is a notification requirement
if there is a compliance advisory or other notice of noncompliance on one of the State issued permits. the
operator needs to let the County know
Mark Johnson, Bestway Concrete and Aggregate. 301 Centennial. Milliken. Colorado and Andy Rodriguez,
Civil Resources, 323 5th Street, Frederick, Colorado. Mr Rodriquez stated that the two (2) gravel mines
adjacent to the site are depleting their resources and near completion and added that they would like to
mine this subject property. He stated that reclamation will be brought back to pasture and there is no water
on site.
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Commissioner Ford asked if access is from the old parcel to the mine or from County Road 13. Mr.
Rodriguez said it is from the old parcel and would be through the Poudre Mine off of County Road 13.
Commissioner Ford asked if they will be brining dirt into the site to backfill. Mr. Johnson replied that they
will bring dirt in
Stille said that he is surprised Windsor hasn't encouraged this area to be water storage. Mr. Johnson said
that they have talked with the Town of Windsor and Central Weld County Water District about making this
a storage vessel as well and that remains an option.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked 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 USR17-0054 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 Jordan Jemiola, Seconded by Tom Cope
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8)
Yes: Bruce Johnson, Bruce Sparrow. Gene Stille. Jordan Jemiola, Lonnie Ford, Michael Wailes. Terry
Cross. Tom Cope.
Meeting adjourned at 2:11 pm.
Respectfully submitted.
Kristine Ranslem
Secretary
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