HomeMy WebLinkAbout20163638.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Gene Stille. 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
USR 16-0032
JOHN & SHARON PETERS, CIO WELD COUNTY PUBLIC WORKS
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINING OR RECOVERY OF OTHER MINERAL DEPOSITS AND
MATERIALS PROCESSING (GRAVEL MINING) IN THE A (AGRICULTURAL)
ZONE DISTRICT
SW4 SECTION 26. T12N. R63W OF THE 6TH PM WELD COUNTY
COLORADO
0 5 MILES WEST OF INTERSECTION OF CR 71 AND CR 136
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./1/4.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinances in effect.
Section 22-5-70.CM.Goal 2 states: "Promote the reasonable and orderly exploration and
development of mineral resources." The application indicates that sand and gravel deposits
are stream channel deposits associated with Porter Creek (an ephemeral stream that
eventually joins Crow Creek, Estimated thickness of gravel to be mined is 0 to 20 feet.
Section 22-5-70 3 CM.Policy 2.3.states "Ensure that development of mineral resources
addresses the impacts of such development." Development standards regarding noise,
lighting and other potential impacts are addressed through the attached development
standards and conditions of approval.
Section 22-5-70.C CM.Goal 3. States: "Minimize the impacts of surface and subsurface
mining activities on the surrounding land, land uses, roads and highways." Tracking control
is required prior to accessing onto County Road 136 5 to mitigate impacts on adjacent County
maintained public roads.
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 facility
including a gravel mining operation in the A (Agricultural) Zone District.
Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses. The proposed mining operation is located in a rural area. The nearest
single family residence (under the ownership of the same property owner where the mining
operation is to occur) is located approximately 0.5 mile west of the mining location. Another
residence is located approximately 0.65 mile to the southeast of the mining location The
surface area to be mined is undeveloped land, however. two new oil and gas wells are
proposed (under permit nos_ 05-123-42249 and 05-123-42252).
No phone calls or correspondence has been received from surrounding property owners in
regards to this case
RESOLUTION USR16-0032
JOHN & SHARON PETERS, 0/O WELD COUNTY PUBLIC WORKS
PAGE 2
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 proposed mining site is not located within a 3 -mile referral area nor
cooperative planning agreement area of a municipality.
Section 23-2-220.A.5 -- The application complies with Section 23-5-230 of the Weld County
Code. The application is not located within a 100 -year floodplain or other overlay district.
Building Permits issued on the Lots will be required to adhere to the following fees.
Building Permits issued will be required to adhere to the fee structure of the Countywide
Road Impact Program.
Building Permits issued will be required to adhere to the fee structure of the County Facility
Fee and Drainage Impact Fee programs.
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 mining facility
is located on approximately 80 acres delineated as predominately as "Other" with a smaller
portion of the site in the southwest corner delineated as "High Potential Dry Cropland — Prime
if Irrigated" per the 1979 Soil Conservation Service Important Farmlands of Weld County
Map.
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.
Section 23-4-250 -- Additional requirements for Open -mining have 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 applicant shall provide written evidence that the approved Mining Permit has been issued
by the Colorado Division of Reclamation Mining and Safety for (File No. M-2015-045).
Evidence of such shall be provided to the Department of Planning Services. (Department of
Planning Services)
2. The map shall be amended to delineate the following:
A All sheets of the map shall be labeled USR16-0032. (Department of Planning Services)
B Show and label the parking and traffic circulation flow arrows (haul roads) showing how the
traffic moves around the property. (Department of Planning Services -Engineer)
C The applicant shall show the drainage flow arrows (Department of Planning Services -
Engineer)
RESOLUTION USR16-0032
JOHN & SHARON PETERS O/O WELD COUNTY PUBLIC WORKS
PAGE 3
D County Road 136.5 is a gravel road and is designated on the Weld County Road
Classification Plan as a local road which requires 60 feet of right-of-way at full buildout. The
applicant shall delineate on the site plan the existing right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by Weld County.
(Department of Public Works)
Show and label the approved access point(s) (AP16-00321). and the appropriate turning radii
on the site plan (Department of Public Works)
F Show and label the approved tracking control on the site plan (Department of Public Works)
G Show and label the entrance gate set back a minimum of 100ft from edge of shoulder.
(Department of Public Works)
H Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on
the plat per the setback requirements of 23-3-50. E of the Weld County Code. (Department of
Public Works)
Show and label all recorded easements on the map by book and page number or reception
number and date on the site plan. (Department of Planning Services)
3. Prior to construction:
A If more than one (1) acre is to be disturbed disturbed for construction of roads, driveways,
buildings, parking areas, accesses. drainage facilities. landscaping or other construction not
directly in the mined area, a Weld County Grading Permit will be required (Department of
Planning Services -Engineer)
B The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
4. The Special Review activity shall not occur nor shall any building permits be issued on the property
until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and
Recorder. (Department of Planning Services)
5 The attached Development Standards for the Special Review Permit shall be adopted and placed on
the Special Review Plat prior to recording. The completed plat 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 60 days of approval by the Board of County Commissioners. (Department of Planning
Services)
6. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not
be recorded within the required thirty (30) 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)
RESOLUTION USR16-0032
JOHN & SHARON PETERS. 0/O WELD COUNTY PUBLIC WORKS
PAGE 4
Motion seconded by Tom Cope.
VOTE:
For Passage
Bruce Sparrow
Cherilyn Barringer
Joyce Smock
Terry Cross
Tom Cope
Gene Stifle
Against Passage Absent
Bruce Johnson
Jordan Jemiola
Michael Wailes
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 November 15, 2016.
Dated the 15"' of November. 2016
•61466-2- 4Anthin,
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Weld County Public Works
USR16-0032
1. A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development
Facilities including mining or recovery of other mineral deposits and materials processing (gravel
mining) 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 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)
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 applicant
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. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment)
8. Adequate drinking. hand washing and toilet facilities shall be provided for employees and the public,
at all times. Portable toilets and bottled water are acceptable. 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)
9. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Reclamation Mining and Safety. (Department of Planning Services)
10. The operation shall comply with the Mine Safety and Health Act (MSHA) (Department of Planning
Services)
11. The application shall comply with the Occupational Safety and Health Act (OSHA). (Department of
Planning Services)
12. Where topsoil is removed, sufficient arable soil shall be set aside for re -spreading over the
reclaimed areas. (Department of Planning Services)
13. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code. (Department of Public Health and Environment)
14. 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)
RESOLUTION USR16-0032
JOHN & SHARON PETERS. CIO WELD COUNTY PUBLIC WORKS
PAGE 6
15. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in accordance
with the plan. 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)
16. The property owner shall control noxious weeds on the site. (Department of Public Works)
17. The access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Department of Public Works)
18. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
19. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Planning Services -Engineer)
20. 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)
21. Building Permits issued will be required to adhere to the fee structure of the Countywide Road
Impact Program.
22. Building Permits issued will be required to adhere to the fee structure of the County Facility Fee
and Drainage Impact Fee programs
23. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240 of the Weld County Code.
24. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 of the Weld County Code.
25. The property owner or operator shall be responsible for complying with the Open -mining Standards of
Section 23-4-290 and 23-4-300, Weld County Code.
26. 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.
27. 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
RESOLUTION USR16-0032
JOHN & SHARON PETERS. O/O WELD COUNTY PUBLIC WORKS
PAGE 7
28 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.
29. 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.
30. 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
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
RESOLUTION USR16-0032
JOHN & SHARON PETERS O/O WELD COUNTY PUBLIC WORKS
PAGE 8
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)
T1 C- Nts t -e_S
11-
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. November 15. 2016
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,
Bruce Sparrow, at 12:30 pm.
Roll Call.
Present: Bruce Sparrow. Cherilyn Barringer, Gene Stille. Joyce Smock. Terry Cross, Tom Cope.
Absent: Bruce Johnson. Jordan Jemiola, and Michael Wailes
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: Janet Lundquist and Evan Pinkham. Public Works: Bob Choate. County Attorney, and Kris
Ranslem. Secretary.
Motion: Approve the November 1, 2016 Weld County Planning Commission minutes, Moved by Joyce
Smock, Seconded by Terry Cross. Motion passed unanimously.
CASE NUMBER
APPLICANT
PLANNER
REQUEST
LEGAL DESCRIPTION
LOCATION.
USR16-0032
R 16-0032
JOHN & SHARON PETERS C/O WELD COUNTY PUBLIC WORKS
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINING OR RECOVERY OF OTHER MINERAL DEPOSITS AND
MATERIALS PROCESSING (GRAVEL MINING) IN THE A (AGRICULTURAL)
ZONE DISTRICT
SW4 SECTION 26. T12N. R63W OF THE 6TH P M. WELD COUNTY.
COLORADO
0 5 MILES WEST OF INTERSECTION OF CR 71 AND CR 136
Commission Smock stated that she is very well acquainted with the Peters and have been long time friends.
Howevershe stated that she believes she can be impartial in this case and is receiving no financial gain.
Chris Gathman. Planning Services. presented Case USR16-0032. reading the recommendation and
comments into the record Mr. Gathman noted that an email was received from Fifth Creek Energy outlining
their plan of a potential location of a drill pad on this site_ The Department of Planning Services
recommends approval of this application with the attached conditions of approval and development
standards.
Commissioner Cope asked what the reclamation plan is for this site. Mr. Gathman said that the site will be
reclaimed to its original state.
Janet Lundquist. 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.
Evan Pinkham. Weld County Public Works. stated that Weld County Public Works is proposing to utilize
the site to gather materials for local road maintenance in the area. The excavation and processing of
material will be seasonal. There will be between 25 to 30 trucks per day when utilizing the site. He stated
that reclamation will include regrading and reseeding the site after five years
Mr Pinkham referred to Fifth Creek's letter and stated that they would be happy to work with them on
choosing a site for their well
Commissioner Sparrow said it appears that there is an old creek on site Mr Pinkham said that there is no
water that runs through there and added that it is a drainage spot.
1
Commissioner Sparrow asked if the material will be crushed. Mr. Pinkham said that there will be a crusher
on site to crush the material.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Jake Brag. Fifth Creek Energy. stated that they are not here to object to the request; however they would
like to make notice that they do have the one location with two (2) wells to be drilled in the future and added
that they are happy to work with the applicants.
Commissioner Cope asked if the wells will be drilled within the next five years during the mining operation.
Mr. Brag replied that it are tentatively on schedule to be drilled within the next 12-24 months.
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 USR16-0032 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commissions recommendation of approval,
Moved by Gene Stille, Seconded by Tom Cope.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Bruce Sparrow, Cherilyn Barringer, Gene Stille, Joyce Smock, Terry Cross, Tom Cope.
Meeting adjourned at 2:41 pm.
Respectfully submitted.
Ya 11._, ?
Kristine Ranslem
Secretary
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