LARIMER COUNTY PLANNING COMMISSION
Minutes of December
21, 2005
The Larimer
County Planning Commission met in a regular session on Wednesday,
December 21, 2005,
at 6:30
p.m. in the
Hearing Room. Commissioners’ Karabensh,
Morgan, Pond, and Wallace were present. Commissioner
Boulter presided as Chairman. Commissioners
Huddleston, Oppenheimer, terMeer, and Waldo were absent. Also present were Rob Helmick, Principal
Planner, Porter Ingrum, Environmental Planner, Sean Wheeler, Planner II, Christie
Coleman, Engineering Department, Traci
Downs, Engineering Department, Doug Ryan, Environmental Health, and Jill Wilson,
Planning Technician and Recording Secretary.
COMMENTS BY THE PUBLIC REGARDING THE COUNTY
LAND
USE CODE:
None
COMMENTS BY THE PUBLIC REGARDING OTHER
RELEVANT LAND USE MATTERS NOT ON THE AGENDA:
None
APPROVAL
OF THE MINUTES FOR THE NOVEMBER
16, 2005 MEETINGS: MOTION by
Commissioner Pond to approve the minutes, seconded by Commissioner Wallace. This received unanimous voice approval.
AMENDMENTS TO THE AGENDA:
None
CONSENT ITEM:
ITEM #1 LAKE SHORE GARDENS LOT 101
PLANNED LAND DIVISION/PLANNED DEVELOPMENT #04-S2377:
Mr. Helmick provided background information on the request to create two
single family residential lots on the 1.65 acre property of Lot 101 of Lake
Shore Gardens Subdivision and rezone the property from FA (Farming) to PD
(Planned Development) situated on the northeast corner of North Monroe Avenue
and Engleman Place.
Commissioner Morgan
moved that the Planning Commission adopt the following Resolution:
BE
IT RESOLVED that the Planning Commission recommend to the Board of County
Commissioners that the property for Lake Shore Gardens Lot 101 Planned
Development, file #04-S2377, be rezoned from FA (Farming) to PD (Planned Development),
for the property described on “Exhibit A” to the minutes, be approved subject
to the following conditions:
- The
rezoning shall be effective upon the recordation of the Final Plat of Lake
Shore Gardens Lot 101 Planned Land Division/Planned Development.
- The
permitted uses, lot building and structure requirements, setbacks and
structure height limitations for Lake Shore Gardens PD shall be as
follows:
- The
Planned Development (PD) zoning for the property shall be as follows:
PD
(Planned Development)
A.
Principal
uses
Residential
Single-family dwelling (R)
Group
home for the developmentally disabled (R)
Group
home for the elderly (R)
Group
home (R)
B.
Lot, building and structure requirements:
1.
Minimum
lot size:
0.5 acres
2.
Minimum
setbacks:
a. Front
yard – Refer to Section 8.17 (supplementary regulations for setbacks form
highways and county roads) of the Larimer County Land Use Code as amended. The setback from an interior subdivision road
or established public or private road must be 25 feet from the property line or
from the nearest edge of the road easement.
b. Side yards – 10 feet.
c. Rear yards – 10 feet
d. Streams, creeks, and rivers – 100 feet from the centerline
of the established watercourse.
3. Maximum structure height – 40 feet.
Commissioner
Pond seconded the Motion.
Commissioners' Karabensh,
Morgan, Pond, Wallace, and Chairman Boulter voted in favor of the Motion.
MOTION
PASSED: 5-0
Commissioner
Morgan moved that the Planning Commission adopt the following Resolution:
BE
IT RESOLVED that the Planning Commission recommend to the Board of County
Commissioners that the Lake Shore Gardens Lot 101 Planned Land Division, file
#05-S2377, for the property described on “Exhibit A” to the minutes, be
approved subject to the following conditions:
- The Final Plat shall be consistent
with the approved preliminary plan and with the information contained in
the Lake Shore Gardens Lot 101 Planned Land Division (File #03-S2377),
except as modified by the conditions of approval or agreement of the
County and applicant. The applicant
shall be subject to all other verbal or written representations and
commitments of record for the Lake Shore Gardens Lot 101 Planned Land
Division.
- The following fees shall be
collected at building permit issuance for new single family
dwellings: Thompson R2-J school
fee, Larimer County fees for County and Regional
Transportation Capital Expansion, Larimer County Community and Regional
Park Fees (in lieu of dedication) and drainage fees. The fee amount that is current at the
time of building permit application shall apply.
- Passive radon mitigation measures
shall be included in construction of residential structures on these
lots. The results of a radon
detection test conducted in new dwellings once the structure is enclosed
but prior to issuance of a certificate of occupancy shall be submitted to
the Building Department. As an
alternative, a builder may present a prepaid receipt from a radon tester
which specifies that a test will be done within 30 days. A permanent certificate of occupancy can
be issued when the prepaid receipt is submitted.
- The applicant shall provide a shared
access maintenance agreement for the common driveway for Lots 1 and 2.
Commissioner Pond
seconded the Motion.
Commissioners' Karabensh,
Morgan, Pond, Wallace, and Chairman Boulter voted in favor of the Motion.
MOTION
PASSED: 5-0
ITEMS:
ITEM #2 BONSER PIT SPECIAL REVIEW #01-Z1424/
ITEM #3 FLYING W PIT SPECIAL REVIEW
#03-Z1475: Mr. Wheeler provided background information on
both the Bonser Pit Special Review and Flying W Pit Special Review as the
projects’ applicant and operator were the same, and the sites would be jointly
operated. The request for the Bonser Pit
and Flying W Pit Special Reviews were for approval to mine sand and gravel for
commercial purposes and to operate an asphalt batch plant. The Bonser Pit was located on the south side
of County
Road
20E, approximately ½ mile west of the I-25 frontage road, east of Loveland. The
Flying W Pit was located on 96.2 acres on the west side of Interstate 25
between U.S. Highway 34 and State Highway 402, east of Loveland. He
stated that the Flying W Pit would operate between five to six years while the
Bonser Pit would operate from 15 to 25 years.
The batch plant would be located on the Bonser site but would be used
for both operations. An internal haul
road would also be built between the two areas with off-site access provided
off of County
Road
20E. He explained that the Development
Services Team was recommending hours of operation from 7:30 a.m. to 4:30 p.m. Monday through Friday with no Saturday
operations and was not supporting the applicant’s request to have those operating
hours extended due to the residential uses in the area.
Peter Wayland,
Wayland Inc. - 525
3rd Avenue, Suite 211, Longmont, was the consultant for Coulson
Excavating. He explained that Coulson
Excavating was proposing to process all of the sand and gravel materials from
both sites on the Bonser pit site. He
explained that the location of the processing plant was chosen so it would be
removed as far as possible from residential areas. He also stated that there was a residential
house approximately 1200 feet away and another approximately 2500 feet
away. He remarked that there was concern
with the Staff recommended condition of no Saturday operations. He explained that Saturday operations were
crucial to the paving industry and stated that all of the engineering studies
such as noise, dust, and traffic were based on six days of operation. He acknowledged that there was concern from
neighbors regarding noise and stated that Coulson was willing to not mine on
Saturdays on the Bonser site. He stated
that the Flying W site had no residential structures nearby and did not want to
see the Saturday asphalt plant operations stopped. He explained that Coulson Excavating had
proposed to operate from the hours of 7 a.m. to 5 p.m. as operating until 5 p.m. was crucial to their operations. He stated that Planning was recommending that
the reclamation slopes be reclaimed at 8:1 or 10:1; however, they felt that
reservoirs for water storage could not be developed if those restrictions were imposed. Those slopes were extremely flat and there
were issues with shallow water ponds not being productive ecologically.
Jeff Cerjan,
Hankard Environmental, 3536 JFK Parkway #2, Fort Collins, stated that Coulson was proposing to
install a berm that would break line of site, which would mitigate the noise to
at least 5 decibels of reduction if not 10.
He stated that typically 80 decibels would be generated at the plant,
and at 2500 feet there would be at least 30 decibels of reduction due to the
distance. He explained that also adding
a berm would take out any reduction from noise by about a 5 to 10 decibel. As a result, the noise generated from the
plant would be approximately 45 to 50 decibels, which would be audible but not
overbearing. In addition, I-25 was
approximately 1200 feet away, and the decibels levels generated from that were
approximately 50. Accordingly, the
levels from the Bonser operation would be close to ambient or close to the
background levels that were already present.
Thomas Peterson,
Executive Director of the Colorado Asphalt Pavement Association – 6880 S. Yosemite Court, Suite 110, Centennial, stated that they were the
state wide trade association representing the asphalt industry of Colorado, which Coulson Excavating was one of the
founding members and a part of. He
stated that Coulson Excavating had proven through the years to be a good
neighbor and operated in an exemplarily manner as a neighbor. He spoke of the emissions and air quality
standards that the association operated by, which Coulson Excavation was a part
of.
Commissioner
Morgan asked if retail would be involved on the sites?
Mr. Wayland
replied no.
Commissioner
Morgan asked how long the batch plant would run?
Ken Coulson,
Owner/Operator of Coulson Excavating – 2165 14th Street SE, explained that depending on the
situation the asphalt plant would have to start approximately 30 to 45 minutes
before truck loading operations would commence.
Therefore, they would need about 1 to 1 ½ hours before the paving would
start. He explained that the asphalt and
sand and gravel would be used primarily on their own projects.
Commissioner
Wallace asked if the crusher would only run during the Monday through Friday
operations and if mixing would only need to be done during the Saturdays
operations?
Mr. Wayland
replied yes.
Commissioner
Wallace asked if a berm could be placed around those operations?
Mr. Wayland
replied yes, one approach was to berm around the plant. However, since there were concerned neighbors,
they were proposing to berm along the boundary of the property.
Commissioner
Morgan asked if they were anticipating haul-back for recycling?
Mr. Wayland
replied yes, it would be a part of the operation.
Commissioner
Wallace asked the applicant to address the slope issues.
Mr. Wayland
stated that they would not recommend over excavation beyond a couple of feet. He explained that the slopes could be tapered
above the water line to increase the saturation but for the entire slope to be
8:1 or 10:1 would not be consistent with the intent to store water, especially
for the Flying W Pit. He stated that
they were willing to work with Planning to taper the slopes above the average
water level to achieve the same effect. He
noted that the slopes would be lined with compacted clay.
Porter Ingrum,
Environmental Planner, referenced an example of a pond in Thorton that was sloped
at a 7:8/10:1 ratio and was used for storage, and stated that model could occur
in the proposed area given the location to the State Wildlife Area. He explained that one of the reasons that
Staff was proposing different hours of operation was due to the Division of
Wildlife’s request because the area was actively used by hunters and fisherman
and actively used on the weekends.
PUBLIC TESTIMONY:
Kelly Bonser, PO Box 7947, Loveland, stated that she had been trying to
educate herself about the proposal by examining the files. She stated that she was opposed to Saturday
operations and felt that the weekend should be a time for the residents in the
area to enjoy. She pointed out that
there were several gravel pits along that corridor, and it was becoming
saturated. She had concerns with the
traffic that would be generated by the operation and felt that the independent
traffic report was not adequate and did not answer all questions. She pointed out that traffic had increased
since Centerra had been built and would increase due to all of the new homes
that were being built to the east. She
noted that she would like to see a speed limit change on the road. She also had concerns about the haul loads
because she thought that the expected trips were going to be 85 haul trips a
day with 70% of that traffic going east past her home. She felt that there was a definite safety
issue. She asked if the noise mitigation
studies for the Bonser and Flying W Pits were done together?
Doug Ryan,
Health Department, replied that two noise mitigation plans, one for each plant
had been conducted. He specified that
the noise mitigation plan was a listing of noise control strategies that the
applicant was proposing. It was not a
model.
Ms. Bonser
stated that there would be a lot more noise and asked the Commission to
consider that. She had pictures relating
to dust of the Kaufman pit and noted that they had not been controlling the
dust. She stated that the cumulative
effect of not just the Bonser and Flying W Pits, but all of the pits in the
area, needed to be looked at. She
stated that it was more than fair to give them their hours of operation Monday
through Friday and give the weekends to the residents. She also noted that the area had wildlife and
hoped that all the environmental concerns were being taken into
consideration. She noted that the slope
mitigation was also a concern. She also
remarked that various reports commented that the pits were compatible with the
area and would not decrease property values or quality of life, which she
disagreed with. She finally noted that
it was a very unique setting, the pit would be a high impact, and the neighbors
needed to be considered. She stated that
she understood why the asphalt plant was needed but was opposed to it and
Saturday operations.
Amy Ryel,
Colorado Division of Wildlife-Wildlife Manager, stated that DOW’s major concern
was the recreational use of the area by the public and the active mining and
hauling. The public was going to start
paying fees January 1, 2006, and DOW did not want to disrupt their
recreational opportunities. She also
noted that there were various animals in the area. She remarked that the public would be using
the ponds into the night and morning, which was an issue, especially during
Water Fowl season, which ran from September through February.
Mr. Wayland
stated that the diagram shown by Mr. Ingrum would be feasible for the pond
slope. He stated that their main concern
was running the asphalt plant on Saturday, and they would be willing to limit
mining on the Flying W Pit to the weekdays.
He emphasized that the only operation occurring on Saturdays would be
the asphalt plant.
Commissioner
Pond asked if the plant would run all year or only during summer months?
Mr. Wayland
replied that it would run during the peak operational periods of the asphalt
paving season, which would be during the Spring, Summer, and Fall.
Commissioner
Pond pointed out that the Kaufman plant ran during the summer months and also
ran a crusher, which would be much noisier.
Commissioner
Morgan clarified that the Bonser Pit would only operate the batch plant on
Saturdays.
Mr. Wayland
replied yes.
Commissioner
Morgan stated that he did not see a problem with running the batch plant on
Saturdays.
Chairman Boulter
asked if other noise factors were taken into consideration when examining the
noise issues?
Mr. Ryan replied
that noise from other sources was not taken into consideration when determining
the impacts of a mining site. The combined
noise from the mining site (trucks, crushers, back-up beepers, etc.) at the
adjacent residential property line could not exceed the decibel levels that
were stipulated in the Land Use Code.
Chairman Boulter
asked if the traffic reports were up to date and accurate?
Traci Downs,
Engineering Department, replied yes but the haul back traffic for recycled
material was not mentioned. The traffic
impact study numbers were based on the estimated yield for both sites. It was estimated that mining would occur for
ten years, hauling 267 days a year.
Therefore there would be approximately 65 trips of loaded trucks that
would leave and return to the site.
Based on the marketing conditions at the present time, it was estimated
that 70% of the materials would need to go to the east on County Road 20E.
She stated that it was possible that those market conditions could
change, therefore there was a condition of approval tied to the application
that stated that staff reserved the right to require the operator to analyze
additional turn lanes as need in the future if the hauling operations changed
or if there was a safety/adequate public facilities issue due to unusually high
background traffic due to growth. She
stated that the applicant had agreed to this and would also provide a turn lane
at their site access.
Ms. Bonser
stated that in their concept plan they were proposing to operate Monday through
Saturday, fifty weeks out of the year, and it seemed that they kept changing
what they were proposing. She noted that
the summer months were when residents would want to be enjoying the outdoors,
and did not understand why the ponds, etc. and not the residents would be taken
into consideration when considering no operations on Saturdays. She wanted to see conditions put on the
application such as no Saturdays and that berming be installed. She stated that she was interested in having
the Bonser residence bermed. She also
proposed that the pit have yearly reviews, and the County Road 20E traffic issue be addressed.
Mr. Wayland
remarked that in regards to the haul-back, the intent was for the trucks to not
return to the site empty and to not have the overall truck traffic
increase.
Cornelia Nelson,
5668
County Road
20E, explained that she was concerned with the traffic, the speed, the Saturday
operations, and the wildlife.
DISCUSSION:
Commissioner
Wallace proposed amending the conditions of approval regarding the pond slope
for the two pits to be consistent with the concept of the model that was
presented by Porter Ingrum.
Commissioner
Morgan pointed out that there was a need for County residents to have the
opportunity to have asphalt on Saturdays.
He felt that mining operations needed to be able to have hours during
the week of 7
a.m. to 5 p.m. and
particularly in the summer time. He
recommended that Coulson be allowed a 7-7:30 a.m. warm-up period with operations
commencing at 7:30 a.m.,
which would proceed until 5 p.m.
He also recommended that they be allowed to operate the batch plant only
on Saturday from 8 a.m.
until 2
p.m.
Chairman Boulter
agreed but would rather have the operations start at 9 a.m. on Saturdays.
Commissioner
Pond stated that he also agreed but do to the fact that it was a short season operation
he would be more inclined to allow operation from 8 a.m. to 4 p.m. on Saturdays.
Commissioner
Wallace stated that 9 a.m. to 1 p.m. on Saturdays would be sufficient. She stated that during the week the operation
should be shut down by 4:30 p.m. with all the trucks back on the sites and
the plant closed by 5 p.m.
She did support adding an extra half an hour in the morning and evening
given the nature of the area, which was predominately non-residential.
Commissioner
Morgan stated that the traffic on County Road 20E would increase but not all because
of the pit operations. He acknowledged
the applicant for working to improve County Road 20E.
Commissioner
Morgan moved that the Planning Commission recommend to the Board of County
Commissioners approval of the Bonser Pit Special Review subject to the Staff
recommended conditions with an amendment to Condition D to state that the
operation hours be Monday through Friday limited to the time between 7 a.m. and
5 p.m., which would include time for equipment warm-up and staging, and operations
on Saturdays permitted to only the batch plant and be conducted between the
hours of 8 a.m. to 2 p.m. with an exception to emergency operations or
operations that were imperative based on extraordinary circumstances. He also was recommending an amendment to
Condition I to state, “The 65-acre pond shall be designed with both water
storage and wildlife values as goals so bank slopes that are consistent with
the model provided at the December 21, 2005 Planning Commission hearing,
following the Thornton model, supporting plant and wildlife habitat and water
storage. Specific plans for the pit
shall be reviewed and approved by Planning Staff prior to any activity on the
site.”
Commissioner
Karabensh seconded the Motion
Commissioner
Pond offered a Friendly Amendment to the Motion to amend Condition D to state
hours of 8
a.m. to 4 p.m.
on Saturdays during the summer.
The Friendly
Amendment failed due to the lack of a second.
Commissioner
Wallace offered a Friendly Amendment to the Motion to amend Condition D to
state hours of 9 a.m. to 2 p.m. on Saturdays.
The Friendly
Amendment failed due to the lack of a second.
Commissioner Morgan
moved that the Planning Commission adopt the following Resolution:
BE IT RESOLVED that the Planning
Commission recommend to the Board of County Commissioners that the Bonser Pit
Special Review, file #01-Z1424, for the property described on “Exhibit B” to
the minutes, be approved subject to the following conditions with amendments to
Condition D and I:
A. This Special Review approval shall
automatically expire without a public hearing if the use is not commenced
within three years of the date of approval.
B. The Site shall be developed consistent with
the approved plan and with the information contained in the Bonser Pit Special
Review (File #01-Z1424) except as modified by the conditions of approval or
agreement of the County and applicant.
The applicant shall be subject to all other verbal or written
representations and commitments of record for the Bonser Pit Special Review.
C. The applicant shall execute a Development
Agreement to be signed by the Board of County Commissioners and recorded with
the Larimer County Clerks Office, before the commencement of any off-site
hauling activities and no longer then 3 years of the date of approval.
D. No
operation of the quarry shall occur at any time on County recognized
holidays. Monday through Friday hours of
operation are limited to the time between 7 am and 5 pm, to include the
time required for equipment warm-up and staging. Saturday
hours of operation will be permitted to only the batch plant operation and will
be conducted between the hours of 8 a.m. to 2 p.m. with an exception to emergency
operations or operations that were imperative based on extraordinary
circumstances.
E. County may conduct periodic inspections to
the property and reviews of the status of the Special Review as appropriate to
monitor and enforce the terms of the Special Review approval.
F. The applicant must identify all wetland areas
on site and provide a Wetlands Mitigation Plan for all disturbed wetland areas,
for review and approval by Planning Staff prior to commencement of any activity
within wetland areas.
G. The applicant must provide a landscape plan
for review and approval by Planning Staff, prior to commencement of off-site
hauling operations.
H. The applicant must provide a Weed Control Plan
to be reviewed and approved by the County Weed Control District, prior to
commencement of off-site hauling operations.
I. The
65-acre pond shall be designed with both water storage and wildlife values as
goals so bank slopes that are consistent with the model provided at the
December 21, 2005 Planning Commission hearing, following the Thornton model,
supporting plant and wildlife habitat and water storage can occur. Specific plans for the pit shall be reviewed
and approved by Planning Staff prior to any activity on the site.
J. Reclamation for each pond shall begin as
soon as possible after the completion of mining activities in each 10-acre
sections and no later then the start of the next growing season.
K. The applicant shall comply with requirements
contained in the 10-14-05 memo from the
County Department of Health and Environment including:
- The internal haul road between the
processing area on the Bonser Pit site and CR 20E shall be paved in order to
limit particulate emissions.
- Electric grid power shall be used for the
dewatering pumps in order to limit noise from diesel generators.
- The operations shall be conducted in
compliance with the County Ordinance Concerning Noise Levels in Unincorporated Larimer County.
- Noise mitigation measures identified in the
noise mitigation plan shall be implemented in conjunction with the operation of
the mine.
- State air emission and stormwater discharge
permits shall be maintained during the mining and reclamation operations, and
shall be complied with during each of these phases.
L. The applicant shall comply with all
requirements of the County Engineering Department outlined in their comments
dated 10-13-05 including:
- The provision of Final Construction Plans
for review and approval by Staff prior to the commencement of mining
operations.
- The dedication of rights-of-way by deed for
County Road 20E.
- The applicant shall provide for the payment
of all required fees including the Transportation Capital Expansion Fee. The applicant must also obtain all required
permits including a Stormwater Construction Permit from the Colorado Department
of Health and Environment and a Development Construction Permit from the
County. The applicant shall provide a
copy of the State Stormwater permit to the Engineering Department.
M. The operator shall provide the Larimer County
Planning Department a copy of their annual report to the State that details overall
compliance with the stormwater management plan and a copy of the annual report
required by the State MLRD.
N. No parking, loading or unloading of any
vehicles is allowed in the County right-of-way
O. Trucks shall not back onto or use the County Road for a
turnaround.
P. Larimer County will not issue
overweight permits for trucks, and reserves the right to spot check weight on
loaded trucks.
Q. The applicant is responsible for prompt and
complete removal of material spilled onto the County roadway.
R. The applicant shall provide copies of their
final mining and reclamation plans to the Western Area Power Administration for
review and comment prior to the commencement of off-site hauling operations.
Commissioner Karabensh
seconded the Motion.
Commissioner
Pond voted against the Motion.
Commissioners' Karabensh,
Morgan, Wallace, and Chairman Boulter voted in favor of the Motion.
MOTION
PASSED: 4-1
Commissioner
Morgan moved that the Planning Commission adopt the following Resolution:
BE IT RESOLVED that the Planning
Commission recommend to the Board of County Commissioners that the Flying W Pit
Special Review, file #03-Z1475, for the property described on “Exhibit C” to
the minutes, be approved subject to the following conditions with an amendment
to Condition D to state that the hours of operation shall be limited to 7 a.m.
to 5 p.m. Monday through Friday, to include the time
required for equipment warm-up and staging, with an exception to emergency operations or operations that
were imperative based on extraordinary circumstances, and an amendment to
Condition I to state, “The 47-acre pond shall be designed with both water
storage and wildlife values as goals so bank slopes that are consistent with
the model provided at the December 21, 2005 Planning Commission hearing,
following the Thornton model, supporting plant and wildlife habitat and water
storage can occur. Specific plans for
the pit shall be reviewed and approved by Planning Staff prior to any activity
on the site.”
A. This Special Review approval shall
automatically expire without a public hearing if the use is not commenced
within three years of the date of approval.
B. The Site shall be developed consistent with
the approved plan and with the information contained in the Flying “W” Pit
Special Review (File #03-Z1475) except as modified by the conditions of
approval or agreement of the County and applicant. The applicant shall be subject to all other
verbal or written representations and commitments of record for the Flying “W”
Pit Special Review.
C. The applicant shall execute a Development
Agreement to be signed by the Board of County Commissioners and recorded with
the Larimer County Clerks Office, before the commencement of any off-site
hauling activities and no longer then 3 years of the date of approval.
D. No
operation of the quarry shall occur at any time on weekends, or County
recognized weekday holidays. Monday
through Friday hours of operation are limited to the time between 7 am and 5 pm, to include the
time for equipment warm-up and staging, and an exception for emergency operations or operations that
were imperative based on extraordinary circumstances.
E. County may conduct periodic inspections to
the property and reviews of the status of the Special Review as appropriate to
monitor and enforce the terms of the Special Review approval.
F. The applicant must identify all wetland areas
on site and provide a Wetlands Mitigation Plan for all disturbed wetland areas,
for review and approval by Planning Staff prior to commencement of any activity
in the wetland areas. The final site
plan shall also identify wildlife habitat areas on or immediately adjacent to
the site, and include a 200-foot setback line from these areas.
G. The applicant must provide a landscape plan
for review and approval by Planning Staff, prior to commencement any off-site
hauling operations.
H. The applicant must provide a Weed Control
Plan to be reviewed and approved by the County Weed Control District, prior to
commencement of off-site hauling operations.
I. The
47-acre pond shall be designed with both water storage and wildlife values as
goals so bank slopes that are consistent with the model provided at the
December 21, 2005 Planning Commission hearing, following the Thornton model,
supporting plant and wildlife habitat and water storage can occur. Specific plans for the pit shall be reviewed
and approved by Planning Staff prior to any activity on the site.
J. Reclamation for each pond begin as soon as
possible after the completion of mining activities in each 10-acre section and
no later then the start of the next growing season.
K. The applicant shall comply with requirements
contained in the 10-14-05 memo from the
County Department of Health and Environment including:
- The
internal haul road between the processing area on the Bonser Pit site and CR
20E shall be paved in order to limit particulate emissions.
- Electric
grid power shall be used for the dewatering pumps in order to limit noise from
diesel generators.
- The
operations shall be conducted in compliance with the County Ordinance
Concerning Noise Levels in Unincorporated Larimer County.
- Noise
mitigation measures identified in the noise mitigation plan shall be
implemented in conjunction with the operation of the mine.
- State
air emission and stormwater discharge permits shall be maintained during the mining and reclamation operations, and
shall be complied with during each of these phases.
L. The applicant shall comply with all
requirements of the County Engineering Department outlined in their comments
dated 10-24-05 including:
- The applicant shall provide a signed and
stamped drainage report for review and approval by Staff prior to the
commencement of mining operations.
- The applicant shall monitor the Big Thompson
Ponds during dewatering operations. Any
decrease in water levels from the historic values, will be mitigated by pumping
from post settling basin waters from the gravel pit, until the historic values
are re-established.
- The applicant shall provide for the payment
of all required fees including the Transportation Capital Expansion Fee. The applicant must also obtain all required
permits including a Stormwater Construction Permit from the Colorado Department
of Health and Environment and a Development Construction Permit from the
County. The applicant shall provide a
copy of the State Stormwater permit to the Engineering Department.
M. The operator shall provide the Larimer County
Planning Department a copy of their annual report to the State that details
overall compliance with the stormwater management plan and a copy of the annual
report required by the State MLRD.
N. No parking, loading or unloading of any
vehicles is allowed in the County right-of-way
O. Trucks shall not back onto or use the County Road for a
turnaround.
P. Larimer County will not issue
overweight permits for trucks, and reserves the right to spot check weight on
loaded trucks.
Q. The applicant is responsible for prompt and
complete removal of material spilled onto the County roadway.
R. The applicant shall revise the site plan to
change the alignment of the haul road so that it does not run immediately next
to the property line between the Flying “W” site and the State Wildlife Area to
the east of the West Pit.
Commissioner Pond
seconded the Motion.
Commissioners' Karabensh,
Morgan, Pond, Wallace, and Chairman Boulter voted in favor of the Motion.
MOTION
PASSED: 5-0
REPORT FROM STAFF: Mr.
Helmick reminded the Commission of their upcoming meetings.
ADJOURNMENT:
There being no further business, the hearing adjourned at 9:00 p.m.
These minutes
constitute the Resolution of the Larimer County Planning Commission for the
recommendations contained herein which are hereby certified to the Larimer
County Board of Commissioners.
_______________________________ ______________________________
Jeff Boulter, Chairman Nancy Wallace, Secretary
EXHIBIT A
EXHIBIT B
EXHIBIT C
