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Home My WebLink About20143283.tiff 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: USR14-0023 APPLICANT: COULSON EXCAVATING COMPANY, C/O VARRA COMPANIES, INC. PLANNER: KIM OGLE 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 CONCRETE OR ASPHALT BATCH PLANTS AND/OR RECYCLING OPERATIONS IN THE A(AGRICULTURAL)ZONE DISTRICT LEGAL DESCRIPTION: LOT B REC EXEMPT RE-3197;PART NE4 SECTION 10,T5N, R65W OF THE 6TH P.M.,WELD COUNTY, COLORADO. LOCATION: NORTH OF AND ADJACENT TO EAST 16TH STREET, WEST OF AND ADJACENT TO FERN AVENUE. 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 Varra-Coulson Resource Project mine, the reclaimed land use will be one open water reservoir basin totaling 59.30±surface acres. 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-4(Flood-plain Deposits—unevaluated aggregates). The application materials indicated that the topsoil that exists will be removed and stockpiled for use during site reclamation. Across the site,the gravel deposit is located in depths 40 feet below natural grade and may be located at depths greater than fifty feet on lands adjacent to the Cache La Poudre River. 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 enter into an Improvements and Road Maintenance Agreement that will include repair and triggers for improvement. Section 22-5-80.D.1.h (CM.Policy 4.1.8) states, "Require all mining operations conform to federal, state and local environmental standards." The processing area will be located approximately two hundred(200)feet east of the property line and approximately two hundred (200)feet north of East 16th Street within the mine area. One single family residence is in close proximity, with the nearest residence surrounded by the mining operation. Ten residences are located south of East 16th Street and are typically sited approximately 25 feet to over 300 feet south of the edge of future right-of-way. There is one single family residence located east of the site and is approximately 100 feet from the project's property line and sited directly across from the non-mined area located north of the river associated with this application. The Pre-Mining Plan delineates o - • •-• •in the form of a linear berm that have been located on-site to miti. EXHIBIT concerns of residences in the near vicinity, including the residence that application. The applicant proposes to utilize truck sprinklers for dust j • RESOLUTION USR14-0023 COULSON EXCAVATING COMPANY, C/O VARRA COMPANIES, INC. PAGE 2 suppression and abatement. The applicant also has a State of Colorado Division of Reclamation, Mining and Safety, Division/DRMS, Permit No. M2013-064, conditionally approved on July 28, 2014. 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), and Section 23-3-40.A.4 Asphalt batch plant in the A(Agricultural)Zone District and Section 23-3-330.D.7 for the (I) Industrial Zone District. C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing g surrounding land uses. With the exception of the residences located south of East l6� Street and the lone residence surrounded by the proposed mine site, properties surrounding the proposed Varra-Coulson Resource Project site are primarily rural agricultural non- irrigated rangeland. The current Doeringsfeld Varra Mine[AmSUP-345,initially permitted in 1978 and amended in 1986] is located west of and adjacent to this site. To the north are vacant lands north of the river and the Bliss Industrial Park. Adjacent to the east are lands utilized for industrial zone district uses. The rural nature of the area and the existing mining operations 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 proposed permit area historically, since the early 1950's show the Varra-Coulson fields were row cropped on both sides of the existing Greeley Irrigation Canal #3, until the segment of the Cache La Poudre River to the north was channelized, somewhere in the late 1960's to early 1970's. Most recently,the crops were in corn,it's likely at some point the land grew sugar beets to support the local mill. Areas north of Canal #3 changed to rangeland, consistent with the parcel north of the river. By the middle of the first decade of the twenty-first century, both rangeland and cropland fell into disuse, and the idle lands became covered in invasive and non-invasive weeds. Planning Staff believes that,with the endorsement of the Conditions of Approval, contained in this recommendation, the approval of this use will not jeopardize the health, safety and welfare of the surrounding property owners. E. Section 23-2-220.A.5--The application complies with Section 23-5-230 of the Weld County Code. The proposed site is located in the Greeley-Weld County Airport's "Influence Zone" and also lies within and under the Federal Aviation Administration defined airport horizontal surface and aircraft traffic pattern airspace for runway three-four. Low flying aircraft and aircraft noise could be present over and across this property. Planning staff did not receive a referral from the Airport Authority or the Federal Aviation Administration indicating a conflict with their interests. The proposal is also located within the Flood Hazard Overlay District area as delineated on FIRM Community Panel Map#080266-0637C dated September 28, 1982 for the Floodplain. Flood Hazard Development Permits will be required for all structures in the Floodplain, however, no permanent structures or stockpiling of materials are permitted in the Floodway. Building Permits issued on the Lots will be required to adhere to the following fees. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County-wide Road Impact Program. Building Permits issued on the proposed lots,will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. A Flood Hazard Development Permit is not required. RESOLUTION USR14-0023 COULSON EXCAVATING COMPANY, C/O VARRA COMPANIES, INC. PAGE 3 F. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The property to be mined contains no"Prime"agricultural lands,thus, no prime farm land will be taken out of production with this proposal. The subject site is primarily classified as"High Potential Dry Cropland - Prime if irrigated"and"Other Land"as delineated on the Important Farmlands of Weld County map, dated 1979. The land is presently utilized for the grazing of livestock. 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 applicant shall submit written evidence of an Air Pollution Emission Notice(A.P.E.N.)and Emissions Permit application from the Air Pollution Control Division,Colorado Department of Health and Environment to the Environmental Health Services Division of the Weld County Department of Public Health&Environment. Alternately,the applicant can provide evidence from the Air Pollution Control Division,Colorado Department of Health and Environment that they are not subject to these requirements (Department of Public Health and Environment) B. The applicant shall submit written evidence that the Greeley Irrigation Company has approved the ditch plans and that all necessary approvals are obtained from the Greeley Irrigation Company prior to relocation of the Greeley#3 Ditch. Written evidence shall be submitted to the Department of Planning Services. (Greeley Irrigation Company) C. The applicant shall address the requirements of the State of Colorado, Division of Water Resources as stated in their referral dated May 13,2014. Specific to demonstrating that the well and substitute water supply plan are appropriately permitted for the use or provide a will serve letter from a water district. This requirement is for water that will be utilized for potable uses as well as dust control. Written evidence of approval shall be submitted to the Department of Planning Services. (Department of Planning Services) D. The applicant shall attempt to address the requirements of the City of Greeley, as stated in their referral response dated May 28, 2014. Evidence of approval shall be submitted in writing to the Department of Planning Services. (Department of Planning Services) E. The applicant shall either submit a copy of an agreement with the property's mineral owner/operators stipulating that the oil and gas activities have been adequately incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owner/operators. Drill envelopes can be delineated on the map in accordance with the State requirements as an attempt to mitigate concerns. The map shall be amended to include any possible future drilling sites. (Department of Planning Services) F. The applicant shall contact the oil and gas or ditch owner to obtain, in writing, permission to utilize their access road for a commercial access. (Department of Planning Services) G. A Flood Hazard Development Permit (FHDP) is required in order to construct any type of building, place fill, or conduct mining operations within the FEMA designated floodplain. RESOLUTION USR14-0023 COULSON EXCAVATING COMPANY, C/O VARRA COMPANIES, INC. PAGE 4 Please note that it may be necessary to utilize hydraulic modeling showing the impact of mining on adjacent properties. For FHDP modeling purposes, it will be necessary to utilize the Army Corps of Engineers modeling that has been accepted by FEMA. (Department of Planning Services) H. The applicant shall address the requirements of the Department of Building Inspection as stated in their referral dated May 15,2014. Written evidence of approval shall be submitted in writing to the Department of Planning Services. (Department of Planning Services) The applicant shall submit an odor abatement and response plan be submitted prior to operation of the facility. This plan shall be implemented at the request of Weld County in the event that odor levels detected off site of the facility meet or exceed the odor limit as specified by the Colorado Revised Statues. The plan shall also be implemented in the event that Weld County receives a significant number of odor complaints and in the judgment of Weld County, there exists an odor condition requiring abatement. Written evidence of approval shall be submitted to the Department of Planning Services. (Department of Planning Services) J. The applicant shall submit written or electronic evidence, from the FAA documenting that Form 7460-1 --Notice of Proposed Construction or Alteration has been submitted, reviewed and approved, or alternatively, written or electronic evidence that Form 7460-1 is not applicable. (Department of Planning Services) K. If exterior lighting is proposed the applicant shall submit a Lighting Plan with cut-sheets for the proposed light standards, and a Lighting Plan to be utilized at the facility for review and approval. (Department of Planning Services) L. If signs are proposed the applicant shall submit a Sign Plan with sign structure dimensions and all sign locations to be utilized at the facility for review and approval. (Department of Planning Services) M. The applicant shall submit a CLOMR to FEMA for review and approval prior to mining the property delineating the pre-developed floodplain conditions and the proposed floodplain conditions after mining. (Department of Planning Services) N. The applicant will enter into an Improvements and Road Maintenance Agreement that will include repair and triggers for improvement. A new Road Maintenance and Improvements Agreement for East 16t" Street and Fern Avenue (haul route)with triggers. (Department of Planning Services) 2. The map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR14-0023. (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. Fern Avenue is designated on the Weld County Road Classification Plan as a local paved road, which requires 60 feet of right-of-way at full buildout. The applicant shall verify and delineate on the map the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. (Department of Planning Services) 5. East 16`"Street is designated on the Weld County Road Classification Plan as a local paved road, which requires 60 feet of right-of-way at full buildout. The applicant shall verify and delineate on the map the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. (Department of Planning Services) RESOLUTION USR14-0023 COULSON EXCAVATING COMPANY. O/O VARRA COMPANIES INC PAGE 5 6. Fern Avenue and 161h Street are both classified as collector roadways in the City of Greeley 2035 Comprehensive Transportation Plan. The current street section for a collector requires 90 feet of right-of-way. The mapping indicates that 60 feet of right of way from the section line has been designated for future right of way along 16"' Street and Fern Avenue per Recorded Exemption No. 0961 - 10-1 RE-3197. (City of Greeley) 7. Show the approved access(es) on the map and label with the approved access permit number (will be provided) . (Department of Public Works) 8. The applicant shall indicate specifically on the map the type of right-of-way/easement and indicate whether it is dedicated, private, or deeded to provide adequate access to the parcel . (Department of Planning Services) 9 . Show and label the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number. (Department of Planning Services) 10. Tracking control is required to prevent tracking from the site onto the public roadways. Standard tracking control for accesses onto paved roads includes either 300 feet of pavement onsite. or, 100 feet of pavement plus double cattle guards. (Department of Planning Services) 11 . 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) 12 . A culvert is required at any approved road access point: the 15 inch Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. Please delineate the culvert on the USR map (Department of Planning Services) 13. If exterior lighting is proposed the-applicant shaThsubmit a Lighting-Plan with cut sheets for the -proposed- lig#t- standards to be - 44ize at the -fac-lity for review and approval- The approved lighting plan. (Department of Planning Services) 14. if signs are proposed the applicant shall submit a Sign Plan with sign structure-dimensions ar�d alt sign loc-ations to beu.t1kzed -at-the-fac- ity-#or review and approval. The approved signage plan. (Department of Planning Services) 15 . 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. (Department of Planning Services) 3- Prior to construction : A. The applicant/operator shall contact the Permitting/Inspection agent for Weld County Public Works for a Right-of-Way permit for any work that may be required in the right-of-way. A special transport permit will be required for any oversized or overweight vehicles that may access the site and may also be obtained through the same office. ( Department of Public Works) B. The County, in cooperation with the City of Greeley. is requiring a tracking pad to prevent tracking of mud and gravel on to the paved roadway. The tracking pad may consist of either 300 feet of asphalt or concrete pavement with adequate turning radiuses on to East 16`h Street or 100 feet of asphalt or concrete pavement with double cattle guards. (Department of Planning Services) RESOLUTION USR14-0023 COULSON EXCAVATING COMPANY, C/O VARRA COMPANIES, INC. PAGE 6 C. A building and electrical permit will be required, per Section 29-3-10 of the Weld County Code,for any permanent new structures,additions or renovation to any existing structures.A building permit application must be completed and two complete sets of engineered plans. MSDS sheets for all materials stored shall be submitted with building permit applications. (Department of Building Inspection) 4. Prior to mining operation: A. Accepted construction drawings and construction of the offsite roadway improvements are required prior to operation. (Department of Planning Services) B. The applicant shall submit a certification letter from a Colorado registered professional engineer certifying that the excavation and reclamation activities within the floodway will not result in an increase in base flood elevations. The certification letter should be based on HEC-RAS floodplain modeling of the "before" and "after" conditions. (City of Greeley, Department of Planning Services) C. The applicant shall submit a letter from a Colorado registered professional engineer certifying that the stability of the Poudre River channel will not be compromised by the proposed mining activities. (City of Greeley, Department of Planning Services) D. 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) 5. 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) 6. 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) 7. 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) Motion seconded by Bruce Johnson. 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 USR14-0023 COULSON EXCAVATING COMPANY, C/O VARRA COMPANIES, INC. PAGE 7 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 7, 2014. Dated the 7th of October, 2014. Digitally signed by Kristine 4/Thai\i6,6nLjAatiC 'Yt. Ranslem Date:2014.10.10 09:39:56-06'00' Kristine Ranslem Secretary SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Varra-Coulson Resource Project U S R14-0023 1. A Site Specific Development Plan and Special Review Permit, USR14-0023, for Mineral Resource Development including Open Pit Mining(sand, gravel and stone),and materials processing,materials recycling and an asphalt and/or concrete batch plant in the A(Agricultural)and 1-3(Industrial)Zone Districts. (Varra-Coulson Resource Project), 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 & 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&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 the approved "waste handling plan", at all times. (Department of Public Health & Environment) 6. 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 & Environment) 7. 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 & Environment) 8. 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 & Environment) 9. 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 & Environment) 10. 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&Environment) 11. 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& Environment) 12. The facility shall be operated in a manner to prevent odors. Odors detected off site shall not equal or exceed the level of fifteen-to-one dilution threshold, as measured pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations. Additional controls shall be implemented at the request of the Weld County Department of Public Health and Environment in the event odor levels detected off site of the facility meet or exceed the level of fifteen-to-one dilution threshold,or in the judgment of the Weld County Health Officer, there exists an odor condition requiring abatement. (Department of Public Health & Environment) RESOLUTION USR14-0023 COULSON EXCAVATING COMPANY, C/O VARRA COMPANIES, INC. PAGE 9 13. 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 & Environment) 14. 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 & Environment) 15. The operation shall comply with all applicable rules and regulations of the Colorado Division of Reclamation Mining and Safety. (Department of Planning Services) 16. The operation shall comply with the Mine Safety and Health Act. (MSHA) (Department of Planning Services) 17. The operation shall comply with the Occupational Safety and Health Act. (OSHA) (Department of Planning Services) 18. "No Trespassing"signs shall be posted and maintained on the perimeter fence to clearly identify the boundaries of the site. (Department of Planning Services) 19. 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) 20. 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) 21. 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) 22. Where topsoil is removed,sufficient arable soil shall be set aside for re-spreading over the reclaimed areas. (Department of Planning Services) 23. 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 Section 15-1-180. (Department of Planning Services) 24. During mining,storm water run-off from the disturbed area will generally be contained within the mine pit. The historical flow patterns and run-off amounts will be maintained on site. (Department of Planning Services) 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; 2011 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 proposed lots will be required to adhere to the fee structure of the County-wide Road Impact Fee Program and the County Facility Fee and Drainage Impact Fee Programs. (Department of Planning Services) 27. 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) 28. The number of employees associated with the daily operations of mining and processing operations is limited to 12 persons per shift. (Department of Planning Services) RESOLUTION USR14-0023 COULSON EXCAVATING COMPANY, C/O VARRA COMPANIES, INC. PAGE 10 29. Prior to vacation of the USR or release of the Performance Bond held by the Division of Reclamation Mining Safety, if mining has occurred, a Letter of Map Revision (LOMR) must be approved by the Federal Emergency Management Agency(FEMA) pursuant to floodplain regulations codified in the Code of Federal Regulations(CFR)Title 44 Parts 60 and 65. (Department of Planning Services) 30. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate a velocity increases. diversions, concentration and/or unplanned ponding of storm run-off. (Department of Planning Services) 31. The site must take into consideration storm water capture/quantity and provide accordingly for best management practices. (Department of Planning Services) 32. The site is located within the FEMA mapped Zone A 100-Year Floodplain and the floodway. Weld County Code Section 23-5-250 prohibits development including but not limited to the construction of buildings and the placement of fill(stockpiles)within the floodway. (Department of Planning Services) 33. A LOMR shall be submitted to FEMA within six (6) months of the end of the mining activity. The LOMR process will be fully completed through FEMA. (Department of Planning Services) 34. If any work associated with this project requires the placement of dredge or fill material, and any excavation associated with a dredged or fill project, either temporary or permanent, in waters of the United States which may include streams, open water lakes and ponds or wetlands at this site, the Department of the Army, Corps of Engineers shall be notified by a proponent of the project for proper department of the Army permits or changes in permit requirements pursuant to Section 404 of the Clean Water Act. (Department of Planning Services) 35. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 36. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 37. The property owner or operator shall be responsible for complying with the Open-mining Standards of Section 23-4-250, Weld County Code. 38. 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) 39. 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. 40. 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) 41. 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) RESOLUTION USR14-0023 COULSON EXCAVATING COMPANY, C/O VARRA COMPANIES, INC. PAGE 11 42. 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. qii(Phq SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, September 16, 2014 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 Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman, Terry Cross. Absent/Excused: Bruce Johnson. Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Department of Planning Services; Don Carroll and Janet Lundquist, Department of Public Works; Lauren Light, Department of Health; Brad Yatabe, County Attorney, and Kris Ranslem, Secretary. Motion: Approve the September 2, 2014 Weld County Planning Commission minutes, Moved by Joyce Smock, Seconded by Bruce Sparrow. Motion passed unanimously. CASE NUMBER: USR14-0023 APPLICANT: COULSON EXCAVATING COMPANY, C/O VARRA COMPANIES, INC. PLANNER: KIM OGLE 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 CONCRETE OR ASPHALT BATCH PLANTS AND/OR RECYCLING OPERATIONS IN THE A (AGRICULTURAL) ZONE DISTRICT LEGAL DESCRIPTION: LOT B REC EXEMPT RE-3197; PART NE4 SECTION 10, T5N, R65W OF THE 6TH P.M.,WELD COUNTY, COLORADO. LOCATION: NORTH OF AND ADJACENT TO EAST 16TH STREET,WEST OF AND ADJACENT TO FERN AVENUE Kim Ogle, Planning Services, requested that this case be continued to the October 7th Planning Commission so that the applicant can meet the 30 day Mineral Notice requirement. The Chair asked if there was anyone in the audience who wished to speak for or against this continuation. No one wished to speak. Motion: Continue Case USR14-0023 to the October 7, 2014 Planning Commission hearing, Moved by Nick Berryman, Seconded by Benjamin Hansford. Vote: Motion carried by unanimous roll call vote (summary: Yes= 8). Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman, Terry Cross. Brad Yatabe, County Attorney, stated that he provided a handout regarding the selected sections of the Weld County Code purely for reference in terms of looking at the criteria to consider for these cases. The Chair read the case into the record: CASE NUMBER: USR14-0027 APPLICANT: MICHAEL DECKER, C/O MILLER HFI, LLC PLANNER: DIANA AUNGST REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING OIL AND GAS SUPPORT AND SERVICE (AN OIL AND GAS ROUST-A-BOUT TO INCLUDE A 16,500 SQUARE FOOT SHOP, PARKING FOR COMMERCIAL AND EMPLOYEE VEHICLES) IN THE A (AGRICULTURAL)ZONE DISTRICT EXHIBIT • 4'2) �`a2 114- TUAI JuT S toil 1t4- USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (TRUCKING AND TRUCK REPAIR SHOP FOR KNEEBONE EXCAVATING & TRUCKING COMPANY ALONG WITH OUTSIDE EQUIPMENT, VEHICLE STORAGE AND STAGING; AND RECREATIONAL VEHICLE, BOAT AND CAMPER TRAILER STORAGE), PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A(AGRICULTURAL)ZONE DISTRICT LEGAL DESCRIPTION: PART SW4 SECTION 22, 1N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: EAST OF AND ADJACENT TO CR 19; 0.5 MILES SOUTH OF CR 8. Kim Ogle, Planning Services, stated that the applicants are requesting a continuance to the November 18, 2014 Planning Commission hearing to meet the 30 day mineral notification requirement. The Chair asked if there was anyone in the audience who wished to speak for or against continuing this application. No one wished to speak. Motion: Continue Case USR14-0045 to the November 18, 2014 Planning Commission Hearing, Moved by Nick Berryman, Seconded by Benjamin Hansford. Vote: Motion carried by unanimous roll call vote(summary: Yes= 9). Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman, Terry Cross. CASE NUMBER: USR14-0023 APPLICANT: COULSON EXCAVATING COMPANY, C/O VARRA COMPANIES, INC. PLANNER: KIM OGLE 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 CONCRETE OR ASPHALT BATCH PLANTS AND/OR RECYCLING OPERATIONS IN THE A (AGRICULTURAL) ZONE DISTRICT LEGAL DESCRIPTION: LOT B REC EXEMPT RE-3197, PART NE4 SECTION 10, T5N, R65W OF THE 6TH P.M.,WELD COUNTY, COLORADO. LOCATION: NORTH OF AND ADJACENT TO EAST 16TH STREET, WEST OF AND ADJACENT TO FERN AVENUE Kim Ogle, Planning Services, presented Case USR14-0023, reading the recommendation and comments into the record. Commissioner Jemiola noted that he knows the applicant, Brad Janes, but feels that he can make a fair and impartial judgment on this case. In response to the Chair's inquiry, Mr. Jemiola stated that he has no financial interest in this matter. The Planning Commission did not have any problems with Commissioner Jemiola hearing this case today. Mr. Ogle stated that the Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Commissioner Maxey said that he didn't see the hours of operation in the staff report and asked if it should be included. Mr. Ogle believed there is a development standard that talks about daylight hours of operation per a Section of the Code. Commissioner Maxey referred to Conditions of Approval 1.K and 1.L regarding exterior lighting and signs and added that it appears identical Conditions of Approval 2.13 and 2.14. Mr. Maxey asked if both are needed in the staff report. Mr. Ogle replied that both are required as the first part states that the applicants needs to show us what the lighting standard is and on the map they will show where those lighting centers are located. Mr. Maxey noted that these conditions of approval are identical in wording and suggested that in Conditions of Approval 2.13 and 2.14 it should read "shall delineate the lighting or sign locations". Mr. Ogle stated that Mr. Maxey is correct and will amend the language. 2 Commissioner Smock referred to the application material and said it stated that at certain times of the year they may need 24 hours of operation. Mr. Ogle said that if the applicants receive a permit to assist road projects outside of daylight hours, then the applicants are required to submit a written letter, as well as a copy of the awarded contract, so that they can operate 24 hours. Brad Yatabe, County Attorney, referred to Development Standard 20 which includes the hours of operation. Commissioners Maxey and Smock said that this development standard satisfied their question. 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. Garrett Varra, 8120 Gage Street, Frederick, Colorado, stated that their materials provide construction materials to the County as well outside the County. They feel the demand for these materials will stay steady with the oil and gas operations as well as any commercial and residential developments. Commissioner Maxey asked if the hours of operation will be similar to their other pit, which is west of this site. Mr. Varra said that they will work daylight hours due to safety reasons, unless there is maintenance on the vehicles that are needed. However, he referred to the 2013 flood event where they worked during night time hours to get that material out for road construction. Commissioner Maxey asked if any recreation opportunities will be available upon reclamation. Mr. Varra said that there are two options currently: 1) live water groundwater pond or 2) water storage vessel. The types of recreational opportunities available are fairly close with each other such as bird watching, hunting and fishing and boating prospects. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Mr. Ogle suggested amending Condition of Approval 2.13 to read "The approved Lighting Plan". Additionally, he suggested amending Condition of Approval 2.14 to read "The approved Signage Plan." Motion: Amend Conditions of Approval 2.13 and 2.14 as stated by Staff, Moved by Nick Berryman, Seconded by Benjamin Hansford. 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 USR14-0023 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 Bruce Johnson. Vote: Motion carried by unanimous roll call vote(summary: Yes = 9). Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman, Terry Cross. CASE NUMBER: USR14-0036 APPLICANT: KB CUSTOM AG SERVICES LLC PLANNER: TIFFANE JOHNSON REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR USES SIMILAR TO THE USES LISTED IN SECTION 23-3-40 AS USES BY SPECIAL REVIEW (EQUIPMENT STORAGE YARD RELATED TO CUSTOM FARMING OPERATIONS)AS LONG AS THE USE COMPLIES WITH THE GENERAL INTENT OF THE A (AGRICULTURAL)ZONE DISTRICT LEGAL DESCRIPTION: LOT A REC EXEMPT RE-4098: PART W2 SECTION 17, T7N, R65W OF THE 6TH P.M.. 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