HomeMy WebLinkAbout20153476.tiff BEFORE THE WELD COUNTY,COLORADO,PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
® Moved by Bruce Sparrow,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: USR15-0038
APPLICANT: TIMBRO RANCH&CATTLE CO LLC,C/O WELLS TRUCKING,LLC
PLANNER: CHRIS GATHMAN
REQUEST: 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.
LEGAL DESCRIPTION: ALL OF SECTION 10, T9N, R59W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: APPROXIMATELY 1 MILE WEST OF CR 119 AND APPROXIMATELY 1 MILE
NORTH OF CR 104.
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 22-5-70.CM.Goal 2.states:"Promote the reasonable and orderly exploration and
development of mineral resources."The Weld County Sand&Gravel Resources Map dated
•
July 1,1975 the property is classified as unevaluated aggregate located on an upland deposit
—mesa or bench like erosional remnants of ancient stream deposits.The proposed mining
site is located in a rural rangeland area on an escarpment. Upon completion of mining
operations topsoil scaped from the site will be spread across the site and will be stabilized
and re-vegetated with native seed mixture.
Section 22-5-70.3 CM.Policy 2.3.states: "Ensure that development of mineral resources
addresses the impacts of such development."The proposed mining location is a rural area.
The proposed mining area is located on 37 acres out of 600 acre parcel. Development
standards and conditions of approval (including requiring a road maintenance and
improvements agreement to address impacts and damages to county roads)are attached to
address the impacts of the proposed operation.
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." A road
maintenance and improvements agreement is attached as a condition of approval to address
impacts to county roads(including dust control,damage repair,specified haul routes and
future traffic triggers for improvements).
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 facility
including a gravel mining operation 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 mining site is located in a rural area.The nearest single family
residence is located approximately 4,200 feet to the south of the mining area.Another
EXHIBIT residence (on property under the same ownership as the mining property) is located
approximately 5,000 feet to the west of the mining site.There is a noble oil and gas well
Alocated in the SE corner of the parcel(outside of the area proposed to be mined).
U5245-0038 R)/5-3/tne
RESOLUTION USR15-0038
TIMBRO RANCH & CATTLE CO LLC, C/O WELLS TRUCKING, LLC
PAGE 2
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is not located within a three-mile referral area of an existing
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.
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 proposed facility is located on approximately 106.4 acres delineated as"Other" per the
1979 Soil Conservation Service Important Farmlands of Weld County Map.
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.
H. 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. An Improvements and Road Maintenance Agreement is required for offsite improvements at
this location. Road maintenance including dust control, damage repair, specified haul routes
and future traffic triggers for improvements will be included. (Department of Public Works)
B. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR15-0038 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. Show the approved access on the map and label with the approved access permit
number(AP15-00381). (Department of Planning Services - Engineer)
RESOLUTION USR15-0038
TIMBRO RANCH &CATTLE CO LLC, C/O WELLS TRUCKING, LLC
PAGE 3
5. 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)
2. Upon completion of Condition of Approval#1 above,the applicant shall submit one(1)paper copies 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 map shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The
Mylar map and additional requirements shall be submitted within one hundred twenty(120)days from
the date of the Board of County Commissioners Resolution. The applicant shall be responsible for
paying the recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance#2012-3, approved April 30, 2012, should the map
not be recorded within the required one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period. (Department of Planning Services)
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
mapsco.weld.co.us. (Department of Planning Services)
5. Prior to Construction:
A. If more than 1-acre is to be disturbed, 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 Planning Services- Engineer)
6. 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)
Motion seconded by Michael Wailes.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
Gene Stille
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 USR15-0038
TIMBRO RANCH & CATTLE CO LLC, C/O WELLS TRUCKING, LLC
PAGE 4
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 October 6, 2015.
Dated the 6`h of October, 2015.
Digitally signed by Kristine Ranslem
`13'ti(bbnL igarielt2 Date:2015.10.09 16:15:10-06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Wells Trucking, LLC
USR15-0038
1. A Site Specific Development Plan and Use by Special Review Permit, USR15-0038, for mining or
recovery of other mineral deposits and materials processing (gravel mining) in the A(Agricultural)Zone
District, subject to the Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section
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, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment)
5. Waste materials shall be handled, stored, and disposed of 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. The facility shall comply with the Air Pollution Emission Notice (A.P.E.N.) permit requirements as
stipulated by the Air Pollution Control Division, Colorado Department of Public Health and Environment,as
applicable. (Department of Public Health and Environment)
7. Fugitive Dust should attempt to be confined on the property. Uses on the property should comply with the
Colorado Air Quality Commissions Air Quality Regulations. (Department of Public Health and
Environment)
8. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone District,
as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
9. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. As employees or contractors are on site for less than 2 consecutive hours a day
pPortable 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)
10. 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)
11. The operation shall comply with all applicable rules and regulations of the Colorado Division of
Reclamation Mining and Safety. (Department of Planning Services)
12. The operation shall comply with the Mine Safety and Health Act (MSHA). (Department of Planning
Services)
13. The application shall comply with the Occupational Safety and Health Act (OSHA). (Department of
Planning Services)
14. Where topsoil is removed, sufficient arable soil shall be set aside for re-spreading over the reclaimed
areas. (Department of Planning Services)
RESOLUTION USR15-0038
TIMBRO RANCH & CATTLE CO LLC, C/O WELLS TRUCKING, LLC
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. 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)
17. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning
Services - Engineer)
18. The site shall be maintained to mitigate any impacts to the public road including damages and/or offsite
tracking. (Department of Planning Services - Engineer)
19. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Planning Services - Engineer)
20. There shall be no tracking of dirt or debris from the site onto publicly maintained roads. The applicant is
responsible for mitigation of any road damages or offsite tracking and maintaining onsite tracking control
devices. (Department of Planning Services- Engineer)
21. 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)
22. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 of the Weld County Code.
23. The property owner or operator shall be responsible for complying with the Open-mining Standards of
Section 23-4-250, Weld County Code.
24. 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.
25. 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.
26. 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.
27. 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.
RESOLUTION USR15-0038
TIMBRO RANCH & CATTLE CO LLC, C/O WELLS TRUCKING, LLC
PAGE 7
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.
28. 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
p
resources. Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses, including law enforcement,
ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and
families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not
provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in
rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by
necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic,sandburs, puncture vines,territorial farm dogs and livestock, and open
burning present real threats. Controlling children's activities is important, not only for their safety, but also
for the protection of the farmer's livelihood.
EXHIBIT
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING eji
B
Tuesday , October 6 , 2015 SL $ - 0038
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building , Hearing Room , 1150 0 Street , Greeley , Colorado . This meeting was called to order by Chair ,
Jordan Jemiola , at 12 : 34 pm .
Roll Call .
Present : Bruce Johnson , Bruce Sparrow , Gene Stille , Jordan Jemiola , Joyce Smock , Michael Wailes ,
Nick Berryman , Terry Cross .
Absent : Benjamin Hansford .
Also Present : Kim Ogle , Chris Gathman , and Diana Aungst , Department of Planning Services ; Wayne
Howard , and Jennifer Petrik , Department of Planning Services — Engineering Division ; Lauren Light,
Department of Health ; Bruce Barker , County Attorney , and Kris Ranslem . Secretary .
Motion : Approve the September 15 , 2015 Weld County Planning Commission minutes , Moved by Michael
Wailes , Seconded by Joyce Smock . Motion passed unanimously .
CASE NUMBER : USR15-0038
APPLICANT : TIMBRO RANCH & CATTLE CO LLC , C/O WELLS TRUCKING , LLC
PLANNER : CHRIS GATHMAN
REQUEST : 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 .
LEGAL DESCRIPTION : ALL OF SECTION 10 , T9N , R59W OF THE 6TH P . M . , WELD COUNTY ,
COLORADO .
LOCATION : APPROXIMATELY 1 MILE WEST OF CR 119 AND APPROXIMATELY 1 MILE
NORTH OF CR 104 .
Chris Gathman , Planning Services .. presented Case USR 15-0038 , 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 .
Commissioner Smock asked to clarify impact mining .area of the minin . Mr. Gathman stated that the
proposed mined area is 37 acres .
Wayne Howard , Engineering , reported on the existing traffic , access and drainage conditions and the
requirements on site .
Lauren Light , Environmental Health , reviewed the public water and sanitary sewer requirements , on -site
dust control , and the Waste Handling Plan . Ms . Light noted that Development Standard 8 should be
amended to read "Adequate drinking . hand washing and toilet facilities shall be provided for employees
and patrons of the facility , at all times . Portable toilets and bottled water are acceptable . Records of
maintenance and property disposal for portable toilets shall be retained on a quarterly basis and available
for review by the Weld County Department of Public Health and Environmental . Portable toilets shall be
serviced by a cleaner licensed in the Weld County and shall contain hand sanitizers" .
Additionally , Ms . Light requested that a new Development Standard 7 be added to read " Fugitive Dust
should attempt to be confined on the property . Uses on the property should comply with the Colorado Air
Quality Commissions Air Quality Regulations" .
Mr. Gathman referred to Condition of Approval 5 . A which requires a grading permit if more than 1 acre is
disturbed ; however that condition may be deleted as it is not a requirement in this case .
1
John Kolanz, 2725 Rocky Mountain Avenue, Suite 320, Loveland, Colorado, stated that the operation of
this mine will be determined by market demand. They anticipate 2 years; however it depends on the
market conditions.
Commissioner Johnson asked what the reclamation plan is. Mr. Kolanz said that it will be regraded,
revegetated and put back to range land.
Commissioner Smock is concerned with the additional 150 trucks on the roadways out there. Mr. Kolanz
said that they are taking those trucks off of more populated areas and added that they will enter into an
improvements and road maintenance agreement.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Motion: Delete Condition of Approval 5.A, as recommended by staff, Moved by Bruce Johnson,
Seconded by Michael Wailes. Motion carried unanimously.
Motion: Amend Development Standard 8, as recommended by staff, Moved by Bruce Sparrow,
Seconded by Terry Cross. Motion carried unanimously.
Motion: Add new Development Standard 7 and renumber accordingly, as recommended by Staff, Moved
by Joyce Smock, Seconded by Bruce Sparrow. Motion carried unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR15-0038 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 Bruce Sparrow, Seconded by Michael Wailes.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick
Berryman, Terry Cross.
Commissioner Smock commented that she is concerned with the number of trucks on the roadway in that
area.
Commissioner Jemiola echoed Ms. Smock's concerns regarding traffic.
Meeting adjourned at 6:10 pm.
Respectfully submitted,
Digitally signed by Kristine Ranslem
lbbru�12jGinz Date: 2015.10.09 16:14:07 -06'00'
Kristine Ranslem
Secretary
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