Elk in Rocky Mountain National Park
 

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:

 

  1. The rezoning shall be effective upon the recordation of the Final Plat of Lake Shore Gardens Lot 101 Planned Land Division/Planned Development.

 

  1. The permitted uses, lot building and structure requirements, setbacks and structure height limitations for Lake Shore Gardens PD shall be as follows:

 

    1. 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:

 

  1. 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.

 

 

 

 

  1. 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. 

 

  1. 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.

 

  1. 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

 

 

 

 

 

 

 

 

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.