HomeMy WebLinkAbout20150558.tiff EXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISS
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RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COM Assn Alva
Moved by Benjamin Hansford, 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: USR14-0077
APPLICANT: COLBY&SANDRA VAN CLEAVE, C/O VCA AGGREGATES
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MINERAL RESOURCE DEVELOPMENT INCLUDING OPEN PIT
MINING (SANDS, GRAVELS AND STONES), AND MATERIALS PROCESSING
INCLUDING STOCKPILING, CRUSHING AND SCREENING, RECYCLING
OPERATIONS. AND IMPORTING OF RAW AND RECYCLED MATERIALS AS
WELL AS TWO MOBILE TRAILERS IN THE A(AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION: ALL OF SECTION 8,T9N, R57W OF THE 6TH P.M.,WELD COUNTY.COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 106 SECTION LINE RIGHT-OF-WAY:
WEST OF AND ADJACENT TO CR 137 SECTION LINE RIGHT-OF-WAY.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-
2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1. -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20.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."
The mining will occur in ten 10-acre phases starting in the northwest and moving towards the
southeast. Following the mining disturbances the pit will be reclaimed to rangeland.
Section 22-5-80.8-CM.Goal 2 states, "Promote the reasonable and orderly development of
mineral resources." and Section 22-5-80.8 - 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 not classified. The application materials state that there will be two mobile trailers on the
site and a portable processing facility for product crushing and screening. There will be about
eight(8)employees on site dawn to dusk and during periods of shortened light there will be
artificial lights capable of illuminating the entire operation if needed. The topsoil will be
stockpiled and seeded to prevent erosion. The estimated thickness of gravel—bearing zone
varies from 0-15 feet thick. No high wall mining is expected.
Section 22-5-80.D.1-CM.Policy 4.1 states, in part, "Require all mining operations conform to
federal, state and local environmental standards."
The applicant has applied for a permit from the State of Colorado Division of Reclamation and
Mining Safety(DRMS). The remote nature of the area make the proposed mining operation
and reclamation plan compatible with surrounding land uses.
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 allows for a Site Specific Development Plan and Use by
Special Permit fora Mineral Resource Development including open pit mining(sands,gravels
and stones)and materials processing including stockpiling,crushing and screening,recycling
operations,and importing of raw and recycled materials as well as two mobile trailers in the A
(Agricultural) Zone District.
A0/5-05539
RESOLUTION USR14-0077
COLBY& SANDRA VAN CLEAVE, C/O VCA AGGREGATES
PAGE 2
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent properties are mainly utilized for pastures. The closest residence is about one-
mile south of the south property line and is owned by the applicant. USR-487 for a coal slurry
pipeline crosses the property from the northwest to the southeast. The remote nature of the
area make the proposed mining operation and reclamation plan compatible with surrounding
land uses.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities.
The site is not located within the three (3) mile referral area of any municipality.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The existing site is within the County-Wide Road Impact Fee Area and the
Capital Expansion Impact Fee area.
The site is not in a Special Flood Hazard Area.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County-Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6-- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The quarter section has a section that is designated as"High Potential Dry Cropland-Prime
if they become Irrigated", a small section "Prime if they become Irrigated", and primarily
"Other lands"per the 1979 Soil Conservation Service Important Farmlands of Weld County
Map. This USR will not take any of"Prime (Irrigated)" Farmland out of production.
G. Section 23-2-220.A.7--There is adequate provisions for the protection of the health,safety,
and welfare of the inhabitants of the neighborhood and County.
The Design Standards(Section 23-2-240,Weld County Code),Operation Standards(Section
23-2-250, Weld County Code), Conditions of Approval and Development Standards can
ensure that there are adequate provisions for the protection of health, safety, and welfare of
the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. The applicant shall submit the permit from the State of Colorado Division of Reclamation and
Mining Safety (DRMS). (Department of Planning Services)
RESOLUTION USR14-0077
COLBY & SANDRA VAN CLEAVE, C/O VCA AGGREGATES
PAGE 3
B. An Improvements Agreement and Road Maintenance Agreement is required for offsite
improvements at this site. Road maintenance including dust control, damage repair, specified
haul routes and future triggers for improvements will be included. ( Department of Planning
Services — Engineer)
C . The map shall be amended to delineate the following :
1 ) All sheets of the map shall be labeled USR14-0077. ( Department of Planning Services)
2) The attached Development Standards. ( Department of Planning Services )
3) The map shall be prepared per Section 23-2-260. D of the Weld County Code. (Department of
Planning Services)
4) Setbacks to the mining operation are measured from the right-of-way or future right-of-way
lines plus the standard setback of 20 feet in the agricultural zone district. No structure will be
allowed in the future right-of-way. ( Department of Planning Services)
5) Show the approved access(es) on the map and label with the approved access permit
number (will be provided). ( Department of Planning Services — Engineer)
6) Show and label standard tracking control onto publically maintained roadways on the map.
( Department of Planning Services — Engineer)
7) Show and label the drainage flow arrows. turning radii, and parking and circulation on the
map. ( Department of Planning Services — Engineer)
8) Show any proposed gate back a minimum of 75 feet from the right of way. (Department of
Planning Services — Engineer)
9) County Roads 106 and 139 Section Lines are estimated to have 60 feet of unmaintained
County line right-of-way. The applicant shall verify the existing right-of-way and the
documents creating the right-of-way and this information shall be noted on the plat. All
setbacks shall be measured from the edge of right-of-way.
10) The applicant shall complete a Nonexclusive License Agreement for the Upgrade and
Maintenance of Weld County Right-of-Way.
11 ) The applicant shall indicate specifically on the plat any right of way and/or easements and
indicate whether they are dedicated , private, or deeded and label with recorded document.
book and page and/or reception number to provide adequate access to the parcel.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one ( 1 ) paper copy or
one ( 1 ) electronic copy ( . pdf) of the map for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all
other documentation required as Conditions of Approval. The Mylar shall be recorded in the office of
the Weld County Clerk and Recorder by the Department of Planning Services The Mylar shall be
prepared in accordance with the requirements of Section 23-2-260. D of the Weld County Code. The
Mylar and additional requirements shall be submitted within one hundred twenty ( 120) days from the
date of the Board of County Commissioners Resolution . The applicant shall be responsible for paying
the recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012 , should the map
not be recorded within the required one hundred twenty ( 120) days from the date of the Board of
County Commissioners Resolution. a $50. 00 recording continuance charge shall added for each
additional three (3) month period . ( Department of Planning Services)
RESOLUTION USR14-0077
COLBY & SANDRA VAN CLEAVE, C/O VCA AGGREGATES
PAGE 4
4 . The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review, as appropriate. Acceptable CAD formats are dwg , .dxf, and .dgn (Microstation): acceptable
GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The preferred format
for Images is .tif (Group 4) . (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co. us. ( Department of Planning Services)
5. The Use by Special Review activity shall not occur. nor shall any building or electrical permits be
issued on the property, until the Use by Special Review, map is ready to be recorded in the office of
the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement. ( Department of Planning Services)
6 Prior to Construction :
a . If more than 1 acre is to be disturbed for non-mining activities such as parking lots, structures,
etc. , a Weld County grading permit will be required prior to the start of construction . Contact the
Planning Department for application information .
b. A Right-of-Way Use Permit is required for any work in the Weld County Right-of-Way. Contact
Weld County Public Works at 970-304-6496 ext. 3764.
c. A Transport Permit is required for any oversize and/or over weight vehicles. Contact Weld County
Public Works at 970-304-6496 ext. 3764_
7 . Prior to Operation :
a. Construction of the approved access and/or tracking control improvements is required prior to
operation .
8 . Prior to Mining:
a. 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)
Motion seconded by Jordan Jemiola.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
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_
RESOLUTION USR14-0077
COLBY & SANDRA VAN CLEAVE , O/O VCA AGGREGATES
PAGE 5
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 February 17. 2015.
Dated the 17th of February, 2015.
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Colby & Sandra Van Cleave , c/o VCA Aggregates
USR14-0077
1 . A Site Specific Development Plan and Use by Special Permit for a Mineral Resource Development
including open pit mining (sands. gravels and stones) and materials processing including stockpiling,
crushing and screening . recycling operations, and importing of raw and recycled materials as well as
two mobile trailers in the A (Agricultural) Zone District. subject to the Development Standards stated
hereon . ( Department of Planning Services)
2 . Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. ( Department of Planning Services)
3. The number of employees associated with the daily operations of mining and processing operations
shall be eight (8) persons per shift, as stated by the applicant. (Department of Planning Services)
4. The hours of operation are daylight hours Monday through Friday. as stated by the applicant. Section
23-4-290. B of the Weld County Code limits the hours of operation for sand and gravel operations to
the hours of daylight 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)
5. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Reclamation Mining and Safety. ( Department of Planning Services)
6. The operation shall comply with the Mine Safety and Health Act (MSHA) . (Department of Planning
Services)
7 . The operation shall comply with the Occupational Safety and Health Act. (OSHA) ( Department of
Planning Services)
8. "No Trespassing" signs shall be posted -and maintained on the perimcter fence to clearly identify-the
boundaries of the site. (Department of Planning Services)
9. Should human-remains--be discovered during mining- activities, the requirements-under State Law
C. R.S. part 13 apply and must be followed. (Department of Planning Services)
10 . Lighting provided for security and emergency night operation on the site shall be designed so that the
lighting will not adversely affect surrounding property owners. ( Department of Planning Services)
11 . Should noxious weeds exist on the property. or become established as a result of the proposed
development. the applicant/landowner shall be responsible for controlling the noxious weeds.
pursuant to Chapter 15, Articles I and II . of the Weld County Code. ( Department of Planning Services
— Engineer)
12 . The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services — Engineer)
13. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized .
( Department of Planning Services — Engineer)
14. 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)
RESOLUTION USR14-0077
COLBY & SANDRA VAN CLEAVE, 0/0 VCA AGGREGATES
PAGE 7
15. 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)
16. 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 the approved Waste Handling Plan , at all times. ( Department of
Public Health and Environment)
17 Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in
accordance with the Rules and Regulations of the Water Quality Control Commission . and the
Environmental Protection Agency. ( Department of Public Health and Environment)
18. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved Dust Abatement Plan , at all times. ( Department of Public
Health and Environment)
19. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in Section 14-9-30 of the Weld County Code. ( Department of Public Health and
Environment)
20. Adequate drinking , handwashing and toilet facilities shall be provided for employees and patrons of
the facility, 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)
21 . The applicant shall remove, handle. and stockpile overburden , soil. sand and gravel from the facility
area in a manner that will prevent nuisance conditions. (Department of Public Health and
Environment)
22 . All potentially hazardous chemicals must be handled in a safe manner, in accordance with product
labeling , and in a manner that minimizes the release of hazardous air pollutants ( HAP's) and volatile
organic compounds (VOC's) . All chemicals must be stored secure, on an impervious surface, and in
accordance with manufacturer's recommendations, (Department of Public Health and Environment)
23. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment (CDPH&E), Water Quality Control Division . as
applicable. ( Department of Public Health and Environment)
24 . 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)
25. A building permit may be required . per Section 29-3- 10 of the Weld County Code . Currently the
following has been adopted by Weld County 2012 International Codes; 2006 International Energy
Code: 2011 National Electrical Code:. A building permit application must be completed and two
complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review. A geotechnical engineering report performed by a registered
State of Colorado engineer shall be required or an open hole inspection . ( Department of Building
Inspection)
26. 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.
RESOLUTION USR14-0077
COLBY & SANDRA VAN CLEAVE, C/O VCA AGGREGATES
PAGE 8
27. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
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 Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans
or Development Standards, as shown or stated, shall require the approval of an amendment of the
Permit by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
30. 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.
31 . 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.
RESOLUTION USR14-0077
COLBY & SANDRA VAN CLEAVE, C/O VCA AGGREGATES
PAGE 9
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.
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, February 3, 2015
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,
Jason Maxey, at 1:30 pm.
Roll Call.
Present: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce
Smock, Michael Wailes, Terry Cross.
Absent: Nick Berryman
Also Present: Diana Aungst and Tom Parko, Department of Planning Services; Wayne Howard,
Department of Public Works; Lauren Light, Department of Health; Brad Yatabe, County Attorney, and Kris
Ranslem, Secretary.
Motion: Approve the February 3, 2015 Weld County Planning Commission minutes, Moved by Joyce
Smock, Seconded by Bruce Johnson. Motion passed unanimously.
CASE NUMBER: USR14-0077
APPLICANT: COLBY&SANDRA VAN CLEAVE, C/O VCA AGGREGATES
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MINERAL RESOURCE DEVELOPMENT INCLUDING OPEN
PIT MINING (SANDS, GRAVELS AND STONES), AND MATERIALS
PROCESSING INCLUDING STOCKPILING, CRUSHING AND SCREENING,
RECYCLING OPERATIONS, AND IMPORTING OF RAW AND RECYCLED
MATERIALS AS WELL AS TWO MOBILE TRAILERS IN THE A
(AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION: ALL OF SECTION 8, T9N, R57W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 106 SECTION LINE RIGHT-OF-WAY;
WEST OF AND ADJACENT TO CR 137 SECTION LINE RIGHT-OF-WAY.
Commission Johnson noted that he has known the applicants for several years but believes that he can
be fair and impartial in his judgment of this application.
Diana Aungst, Planning Services, presented Case USR14-0077, 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.
Wayne Howard, Engineering, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Commissioner Maxey clarified if the 8 employees will be above the expected 25 to 30 daily truck trips.
Mr. Howard replied that the employee traffic is not included in the expected daily truck trips.
Commissioner Johnson asked if the excavating will be south of the existing pipeline. Ms. Aungst stated
that the excavation will occur south of the existing pipeline.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
Mike Ausmus, VCA Aggregates, stated that they are proposing to develop a 103 acre gravel extraction
operation. They expect the lifetime of the operation to last up to 10 years and it will be mined in phases.
He added that there will be a crushing and screening operation on site. The hours of operation will be
dawn to dusk.
EXHIBIT
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Commissioner Smock asked where the closest residence is located. Mr. Ausmus stated that the closest
residence is located one and one-half miles south of the mining site.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Ms. Aungst recommended deleting Development Standard 8 and 9 as they are covered under
Development Standards 6 and 7.
Motion: Delete Development Standards 8 and 9 as suggested by staff, Moved by Benjamin Hansford,
Seconded by Joyce Smock. Motion carried unanimously.
Mr. Howard recommended add a new Condition of Approval 1 .C.9 that states "County Roads 106 and
139 Section Lines are estimated to have 60 feet of unmaintained County line right-of-way. The applicant
shall verify the existing right-of-way and the documents creating the right-of-way and this information shall
be noted on the plat. All setbacks shall be measured from the edge of right-of-way."
Motion: Add a new Condition of Approval 1 .C.9 as suggested by staff, Moved by Michael Wailes,
Seconded by Bruce Johnson. Motion carried unanimously.
Additionally, Mr. Howard recommended adding a new Condition of Approval 1 .C. 10 that reads "The
applicant shall complete a Nonexclusive License Agreement for the Upgrade and Maintenance of Weld
County Right-of-Way."
Motion: Add new Condition of Approval as suggested by staff. Moved by Benjamin Hansford, Seconded
by Bruce Johnson. Motion carried unanimously.
Mr. Howard recommended adding a new Condition of Approval 1 .C. 11 that states "The applicant shall
indicate specifically on the plat any right of way and/or easements and indicate whether they are
dedicated, private, or deeded and label with recorded document, book and page and/or reception number
to provide adequate access to the parcel."
Motion: Add new Condition of Approval as suggested by staff, Moved by Benjamin Hansford, Seconded
by Bruce Johnson. Motion carried unanimously.
The Chair asked the applicant if he has read through the amended Development Standards and
Conditions of Approval and if he is in agreement with those. The applicant referred to a development
standard requiring a stormwater discharge permit. He said that the way they will be mining they will be
catching all the stormwater and asked if the stormwater discharge permit is necessary if they are not
discharging any water. Ms. Light referred to Development Standard 23 and added that if it is not
applicable to him then it will not be required. The applicant replied that they are in agreement.
Motion: Forward Case USR14-0077 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Benjamin Hansford, Seconded by Jordan Jemiola.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock,
Michael Wailes, Terry Cross.
Meeting adjourned at 2: 18 pm.
Respectfully submitted,
Digitally signed by Kristine Ranslem
_‘/.3A- Date: 2015.02.18 14:35:45 -07'00'
Kristine Ranslem
Secretary
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