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Home My WebLink About20120125 HEARING CERTIFICATION DOCKET NO. 2012-01 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR11-0020, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING OPEN PIT MINING (SANDS, GRAVELS AND STONES) AND MATERIALS PROCESSING IN THE A (AGRICULTURAL) ZONE DISTRICT - MILLER FAMILY INVESTMENTS, LLC A public hearing was conducted on January 11, 2012, at 11:00 a.m., with the following present: Commissioner Sean P. Conway, Chair Commissioner William F. Garcia, Pro-Tern Commissioner Barbara Kirkmeyer Commissioner David E. Long Commissioner Douglas Rademacher- EXCUSED 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: I hereby certify that pursuant to a notice dated November 18, 2011, and duly published November 23, 2012, in the Fort Lupton Press, a public hearing was conducted to consider the request of Miller Family Investments, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR11-0020, for a Mineral Resource Development Facility, including open pit gravel mining (sands, gravels and stones) and Materials Processing in the A (Agricultural) Zone District. Brad Yatabe, Assistant County Attorney, made this a matter of record. Chair Conway advised the applicant's representative, Ben Langenfeld, that he has the option of continuing this matter to a date when the full Board will be present. However, if he decides to proceed today, it will require three affirmative votes, or in the case of a tie vote, Commissioner Rademacher will listen to the record and make the determining vote. Mr. Langenfeld indicated the applicant would like to proceed today. Kim Ogle, Department of Planning Services, entered the favorable recommendation of the Planning Commission into the record as written, provided a brief description of the location of the site, and presented a brief summary of the proposal and surrounding uses. He stated the applicant has applied for a Special 112 Construction Permit for the Lone Tree Pit, which will be accessed from County Road (CR) 37. He reviewed the site layout and noted the property is not within the floodplain or floodway, therefore, a Flood Hazard Development Permit will not be required. Mr. Ogle stated the applicant intends to do concurrent reclamation with the mining, and they need to submit evidence of a Performance Warranty with the State prior to recording the plat. He stated thirteen referral agencies reviewed the proposal, five offered comments ex\,PL ,P , NL 2012-0125 e1- I PL2144 HEARING CERTIFICATION - MILLER FAMILY INVESTMENTS, LLC (USR11-0020) PAGE 2 which have been addressed in the Conditions of Approval and Development Standards, and he displayed an aerial map and photographs of the site and surrounding area. Don Carroll, Department of Public Works, indicated the subject site is located between two County gravel pits: the North Pierce Pit, which is currently being mined, and the Pierce site to the south. He stated on-site and off-site Improvements Agreements will be required, and he reviewed the designated haul route, the existing road conditions, and the average daily traffic counts for the record. Mr. Carroll stated the on-site improvements will include double cattle guards, a tracking pad, and weed control, and staff is requesting a drainage narrative on Lone Tree Creek. He stated the Traffic Plan indicates approximately 50 vehicles trips per day, which will be addressed in the agreement, as well as an alternate haul route, if requested. He further stated a grading permit will also be required if the operation disturbs more than one acre. In response to Commissioner Garcia, Mr. Carroll stated the site will require an access permit and the site will be inspected to determine appropriate improvements at that time. Lauren Light, Department of Public Health and Environment, explained this will not be a temporary use, therefore, staff initially required permanent water and sewer services; however, the Planning Commission approved the addition of Development Standard #11 to allow the use of bottled water and portable toilets. She stated water from a tap in the Town of Pierce will be applied for dust control, there will be a dumpster for waste removal, and Development Standards #3 through #21 are the typical requirements for this type of operation. Ben Langenfeld, Greg Lewicki and Associates, represented the applicant and stated the DRMS permit has been approved; however, the applicant is waiting for approval of the USR before posting the financial bond. He stated they have no concerns with a shared usage agreement with the Department of Public Works, and they will work with the Department if an alternate route is deemed necessary. Mr. Langenfeld referred to Development Standard #22 and requested the hours be 6:00 a.m., to 4:30 p.m., year round, instead of differing summer and winter hours. In response to Commissioner Kirkmeyer, Mr. Langenfeld stated the use will be very seasonal and there will be no permanent structures. Brady Miller, Miller Family Investments, LLC, confirmed they prefer to limit the permit to three employees and retain a small operation. No public testimony was offered concerning this matter. The Board agreed to extend the hours to be 6:00 a.m., to 10:00 p.m., year round. In response to Chair Conway, Mr. Langenfeld stated he and the applicant have reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as proposed and modified. Commissioner Garcia moved to approve the request of Miller Family Investments, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR11-0020, for a Mineral Resource Development Facility, including open pit gravel mining (sands, gravels and stones) and Materials Processing 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 included modifying Development Standard #22 to state, "The hours of operation shall be from 6:00 a.m., to 10:00 p.m. This 2012-0125 PL2144 HEARING CERTIFICATION - MILLER FAMILY INVESTMENTS, LLC (USR11-0020) PAGE 3 restriction shall not apply to the operation of administrative and executive offices or repair and maintenance facilities located on the property." The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. There being no further discussion, the hearing was completed at 11:20 a.m. This Certification was approved on the 16th day of January, 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: i!'w �� 2 C Sean P. way, Chair Weld County Clerk to the Board /'</,Ck• � J BY: LWil • m F. Garcia, Pr -T fin Deputy Cleikk to the Board ( t— J.X. 2/4J;jj. ar.y Kirkmeyer 7 II I/I • avl r! / % David E. Long ' , EXCUSED I ut .N Douglas Rademacher v4% I 2012-0125 PL2144 q . q O j m / 0• 2 _ \ �• . © / �. \ \ �- J { o 0re /`\ / / o , m o F Ka } y / * re g \ � \ / j uj ® ' z k } § ) o \ % } , Z o C % MOP, 2 54 � / § % / § a I- � k b \ \ I- • 2EQ ' 2 0 + § & )� « r § ER •D § z r & 0 .O 9410 [ 0. 26 C O ] ? > ® 12k ] § r « » © z o - 3 2 o qaa k k k § wla o re o u.co k ? , / L \ 2 \ m � 9 / $ . ` /N _ j el 0 \ � Q. § § Co 2 a ° « z c . �' V---\';:- .< o00 % » _ o O o a EXHIBIT INVENTORY CONTROL SHEET Case USR11-0020 - MILLER FAMILY INVESTMENTS, LLC Exhibit Submitted By Description A. Planning Staff Inventory of Items Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing (Minutes dated 12/06/2011) D. E. F. G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. W. Hello