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Home My WebLink About20122548.tiff HEARING CERTIFICATION DOCKET NO. 2012-66 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR12-0029, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING OPEN PIT GRAVEL MINING (SANDS, GRAVELS AND STONES) AND MATERIALS PROCESSING (PAWNEE AGGREGATE MINE) IN THE A (AGRICULTURAL) ZONE DISTRICT— DANIEL DIETZLER A public hearing was conducted on September 19, 2012, at 10:00 a.m., with the following present: Commissioner Sean P. Conway, Chair Commissioner William F. Garcia, Pro-Tem Commissioner Barbara Kirkmeyer Commissioner David E. Long Commissioner Douglas Rademacher Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Brad Yatabe Planning Department representative, Kim Ogle Public Works representative, Don Carroll Health Department representative, Lauren Light The following business was transacted: F I hereby certify that pursuant to a notice dated August 1, 2012, and duly published August 8, 2012, in the Fort Lupton Press, a public hearing was conducted to consider the request of Daniel Dietzler for a Site Specific Development Plan and Use by Special Review Permit, USR12-0029, for a Mineral Resource Development Facility, including Open Pit Gravel Mining (sands, gravels and stones) and Materials Processing (Pawnee Aggregate Mine) in the A (Agricultural) Zone District. Brad Yatabe, Assistant County Attorney, made this a matter of record. F Kim Ogle, Department of Planning Services, presented a brief summary of the proposal, access, and reclamation plan. He also reviewed the surrounding land uses and referral responses, and entered the favorable recommendation of the Planning Commission into the record as written. He displayed maps and photographs of the site and surrounding area and responded to questions from the Board regarding views of the site from the surrounding properties. F Don Carroll, Department of Public Works, provided a brief overview of the transportation plans and requirements. He requested the last sentence of Condition of Approval #1.A.4 be deleted, since it is a privately maintained roadway, and he also reviewed the access, site improvements, and permit requirements. Mr. Carroll discussed the issues of concern raised by a surrounding property owner and addressed questions presented by the Board regarding triggers within the Improvements Agreement and dust abatement for surrounding residences. 1/_ .9 - v2 f%/o7 2012-2548 PL2182 HEARING CERTIFICATION - DANIEL DIETZLER (USR12-0029) PAGE 2 El Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions (bottled water and portable toilets), and she also summarized the Dust, Waste Handling, Air Emissions, and Spill Prevention and Control Plans. e Mickey Leyba-Farnsworth, Patrick Engineering, represented the applicant and stated they are in agreement with staffs' presentation, as well as the Conditions of Approval and Development Standards, as presented. ID No public testimony was offered concerning this matter. In response to Commissioner Rademacher, Ms. Leyba-Farnsworth requested Development Standard #36 increase from five (5) to ten (10) employees, and following discussion, the Board agreed to delete Development Standard #37 regarding the hours of operation, with instruction to the applicant to be considerate of the impacts to the neighbors. They also agreed to modify the first sentence of Condition of Approval #1.A.6 to state, "If County Road 99 becomes a County-maintained Road, a vehicle tracking pad, consisting of a double cattle guard, may be required to prevent tracking of materials (mud or debris) from the site onto Weld County roads." Responding to Chair Conway, Ms. Leyba-Farnsworth stated she and the applicant have reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as proposed and modified. El Commissioner Long moved to approve the request of Daniel Dietzler for a Site Specific Development Plan and Use by Special Review Permit, USR12-0029, for a Mineral Resource Development Facility, including Open Pit Gravel Mining (sands, gravels and stones) and Materials Processing (Pawnee Aggregate Mine), in the A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as entered into the record. His motion also included deleting the last sentence of Condition of Approval #1.A.4, modifying the first sentence of Condition of Approval #1.A.6, amending Development Standard #36 to increase the number of employees from five (5) to ten (10), and deleting Development Standard #37, with the appropriate renumbering. The motion was seconded by Commissioner Rademacher, and it carried unanimously. There being no further discussion, the hearing was completed at 11:05 a.m. 2012-2548 PL2182 HEARING CERTIFICATION - DANIEL DIETZLER (USR12-0029) PAGE 3 This Certification was approved on the 24th day of September, 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: E lda Sean . Conw , Chair Weld County Clerk to thf oa.' ( ' 18 1861 ( ='0 iity liam F. Garcia, Pro-Te BY: �✓ i/�_ /'1 °?iu°� Deputy Clerk to the A l ( 1 a Kirkmeyer David E. Long Douglas ademacher 2012-2548 PL2182 0 QC - / � 0 c \ ■ ± o •• z � la } o T- g z N NI U o P - x cc k § z \ y § & § 0 F z I- 0 z 2 $ m 1 a. z e z % 2 @ b \ n � ) « z / § § 7 a 0 f \ w 0 < = R § a 2 a z « \ 147) 0 @ C 2 ) \ / 0 ] o ° E I vi § z § _ N o z2 w 3 co ct o u) >- k , d ] & � © o f } � 2 \11 / " NNN / 7 § 0NNN00 $ 4t * it - 2 � � � § k « < _ 1• OOO o. Hello