HomeMy WebLinkAbout20111220 HEARING CERTIFICATION
DOCKET NO. 2011-28
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW
PERMIT#1102 FOR A MINERAL RESOURCE DEVELOPMENT INCLUDING OPEN PIT
MINING AND MATERIALS PROCESSING (SAND, GRAVEL AND STONE),
INCLUDING CONCRETE AND ASPHALT RECYCLING AND A CONCRETE AND
ASPHALT BATCH PLANT FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT-
L.G. EVERIST, INC.
A public hearing was conducted on May 18, 2011, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Sean P. Conway, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Christie Peters
County Attorney, Bruce Barker
Planning Department representative, Kim Ogle
Health Department representative, Mary Evett
Public Works representative, Heidi Hansen
The following business was transacted:
I hereby certify that pursuant to a notice dated April 15, 2011, and duly published April 20, 2011,
in the Fort Lupton Press, a public hearing was conducted to consider the request
of L.G. Everist, Inc., for a Site Specific Development Plan and Amended Use by Special Review
Permit#1102 for a Mineral Resource Development including Open Pit Mining and Materials
Processing (sand, gravel and stone), including concrete and asphalt recycling and a concrete
and asphalt batch plant facility in the A (Agricultural) Zone District. Bruce Barker, County
Attorney, made this a matter of record.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal,
entered the favorable recommendation of the Planning Commission into the record as written,
and provided a brief description of the location of the site and surrounding land uses. Mr. Ogle
stated there are two (2) residences located near the property and one of the residences is
currently being marketed for sale. Mr. Ogle stated 29 referral agencies reviewed the request
and eight (8) responded with comments, some with specific conditions, which have been
addressed in the Conditions of Approval and Development Standards. He further stated there
have been no letters of concern or phone calls received, in response to the proposed request.
Mr. Ogle displayed photographs of the site and surrounding properties. Commissioner Garcia
referred to a memo received from Steve Stamey, Mead Town Planner, dated
February 22, 2011, which included a list of comments, and he inquired if these concerns have
been addressed. In response to Commissioner Garcia, Mr. Ogle stated the site is located within
the three-mile referral area for the Town of Mead; however, the Town does not have any
jurisdiction over any of the areas included in Mr. Stamey's memo.
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Heidi Hansen, Department of Public Works, stated the property is accessed from
County Road 15, which is paved from the site entrance to County Road 26. She stated
County Road 26 is under Firestone's jurisdiction and staff has requested an Amended Road
Maintenance Agreement. Ms. Hansen also indicated that a portion of the site is located within
the FEMA Floodplain and staff has included the standard requirements for mining within the
floodplain. However, the applicant is currently working with FEMA to re-evaluate the property,
and it appears as though the entire property may be removed out of the floodplain; although,
FEMA is the only entity that can make that determination. In response to Chair Kirkmeyer,
Ms. Hansen stated the applicant should be able to complete all of the items, included under
Condition of Approval #1.A, within sixty (60) days.
Mary Evett, Department of Public Health and Environment, stated water will be provided by the
Central Weld County Water District. Ms. Evett stated the applicant has submitted noise, dust,
odor, and waste handling plans, which have been approved by staff, and have also been
provided with the site's air emissions and state discharge permits. She further stated
Development Standards #3 through #20 are standard requirements for gravel mining, from the
Department of Public Health and Environment.
Stevan O'Brian, President of L.G. Everist, Inc., provided a brief overview of the operation and
referred to a map of the subject property. Mr. O'Brian stated the applicant's intent is to
transition from the Lohman Mine to this mine, and the proposed request is to change the
existing mine to a dry mining operation, and have the site developed in the future for water
storage or re-soiled and re-vegetated, and left in a dry site. He stated the proposed plan is to
mine a certain area and proceed to another area in a clockwise direction, which would allow the
applicant to create reservoir areas, an irrigation ditch, and three (3) ditches within the
boundaries of the site. Mr. O'Brian identified a parcel of upland area on the map which will be
used for equipment storage. He added that the life of this mine will be extended
approximately 30-40 years and, based on market demands, there may be growth as the site
matures. He reiterated that L.G. Everist, Inc., is working with FEMA on an updated floodplain
study, and it will take approximately six (6) months to finalize the map. Mr. O'Brian further
stated they are working closely with the Town of Firestone to address any outstanding issues
and they have not received a response from the Mountain View Fire District. He indicated the
fire district wants to be notified of the installation of any underground tanks, which they have not
proposed; however, if they do, in the future, they will attain the appropriate permits to do so. In
response to Commissioner Rademacher, Mr. O'Brian stated L.G. Everist, Inc., has been
working with the Last Chance Ditch and the Town of Firestone regarding the extension of the
Firestone Trail. Mr. O'Brian stated he is not anticipating this parcel will be annexed to the Town
of Firestone in the near future.
Lynn Shults, represented the applicant, stated L.G. Everist, Inc., has addressed the
requirements of the Department of Building Inspection, and she, along with the Vice President
of L.G. Everist, Inc., met with Wes Lavenchy, Firestone Town Manager, and Bruce Nickerson,
Firestone Town Planner, to discuss any outstanding items, more specifically the Firestone Trail.
Ms. Shults added that the Town of Firestone owns a small triangular parcel, which has not been
annexed to the Town of Firestone, and this parcel of land was included when L.G. Everist, Inc.,
purchased the property. She stated the Town of Firestone has provided L.G. Everist, Inc., with
a few options for easements and she submitted two (2) letters into the record, dated
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May 16, 2011, and marked Exhibits D and E. Ms. Shults further stated the letter indicates that
L.G. Everist, Inc., and the Town of Firestone agree to collaborate in accomplishing the
extension of the Firestone Trail, and the Town of Firestone will keep the property and give
L.G. Everist, Inc., the legal right to enter and mine it, which would change the existing mine
permit line; however, this is still in negotiations. She added that L.G. Everist, Inc., may need to
provide an amendment to the site's state permit, or a technical revision, to change the County
permit line. Ms. Shults added that, in the future, she would like to receive drafts of the Road
Agreements prior to the public hearing. In response to Ms. Shults, Chair Kirkmeyer stated the
applicant does have the opportunity to be heard when the Board considers an Improvements
Agreement; however, this is not what is being negotiated today. In response to Commissioner
Rademacher, Ms. Shults identified, on the map, the property L.G. Everist, Inc., owns and the
property the Town of Firestone owns. In response to Commissioner Rademacher, Ms. Hansen
stated that County Road 15 is within the County's jurisdiction continuing down to
County Road 26. Ms. Shults added that, in regard to the floodplain, the applicant will proceed
with the plat for now; however, if it is determined the site is out of the 500 year floodplain, the
applicant may request an amendment to the plat in the future.
The public hearing was opened at 11:23 a.m. Dave Lindsey, Engineer for the Town of
Firestone, on behalf of Mr. Lavenchy, reiterated the collaboration between the municipality and
L.G. Everist, Inc., to find an alternative route for the Firestone Trail. Mr. Lindsey added that the
Town of Firestone has an Intergovernmental Agreement (IGA) with the Frederick/Firestone Fire
Protection District, and clarified this property is not being annexed into the Town of Firestone.
In response to Chair Kirkmeyer, Mr. Lindsey stated most of the section of the railroad that runs
through the property was condemned, and the Town of Firestone originally proposed a land
swap; however, instead, the Town of Firestone will allow L.G. Everist, Inc., to mine the gravel
under that parcel. He added that in order for the Town of Firestone to discharge that parcel, the
request will have to be considered through an election, due to the way the property was
financed. Mr. Lindsey further stated an easement would allow L.G. Everist, Inc., to mine the
gravel from the piece of property that the Town of Firestone owns, which is less than two (2)
acres. The public hearing was closed at 11:27 a.m.
Mr. O'Brian commended staff and stated his concerns, regarding the floodplain, were addressed
at the Planning Commission meeting, and now he understands that once FEMA approves the
changes to the floodplain, L.G. Everist, Inc., will need to request to modify the plat in the future.
Chair Kirkmeyer inquired whether the applicant will have to amend the current USR to include
the two acres and asked Mr. Barker to draft appropriate verbiage. Commissioner Rademacher
stated he supports the proposal and Commissioner Garcia commended the Town of Firestone
and L.G. Everist, Inc., for working together in a respectful manner to collaborate on a solution
for the extension of the Firestone Trail. Commissioner Conway stated that in the Board's
recently completed Regional Economic Development Assessment, water storage was
encouraged and one of the Board's action items was to utilize these types of pits for water
storage. He commended L.G. Everist, Inc., for helping the County accomplish one of the
Board's goals, in terms of assessment, after the mining is completed. In response to
Chair Kirkmeyer, Mr. O'Brian stated he is confident that L.G. Everist, Inc., can accomplish the
Conditions of Approval within sixty (60) days.
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Commissioner Rademacher recommended the deletion of Development Standard #38
regarding the septic system and number of employees allowed on the site (15). In response to
Commissioner Rademacher, Ms. Shults requested an increase in the number of employees to
twenty-five (25), in order to allow more flexibility in the future, and the Board concurred.
Mr. Barker recommended the following verbiage for Condition of Approval item #2.H: "The plat
shall designate an approximately two (2) acre tract located in the north side of Amended
USR#1102 which, if exchanged with the Town of Firestone, would be included within the area
to be mined, pursuant to the terms, conditions and the Development Standards for Amended
USR #1102." In response to Chair Kirkmeyer, Ms. Shults commended County staff and stated
she has reviewed, and concurs with, the Conditions of Approval and Development Standards,
as proposed and modified.
Commissioner Garcia moved to approve the request of L.G. Everist, Inc., for a Site Specific
Development Plan and Amended Use by Special Review Permit #1102 for a Mineral Resource
Development including Open Pit Mining and Materials Processing (sand, gravel and stone),
including concrete and asphalt recycling and a concrete and asphalt batch plant facility 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 amended herein
the record. His motion included the modification of Development Standard #38 to increase the
number of employees up to twenty-five (25) persons, and the addition of Condition of Approval
item #2.H with the verbiage provided by Mr. Barker. The motion was seconded by
Commissioner Rademacher, and it carried unanimously. Commissioner Rademacher stated he
is impressed with how clean and well-maintained the operation is and he supports it. There
being no further discussion, the hearing was completed at 11:35 a.m.
This Certification was approved on the 23rd day of May, 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CC RADO
ATTEST: i)e' - z * ,Sa ,
Barbara Kirkmeye , Chair
Weld County Clerk to the ' -r'
car
BY. Y I ' �-p� ean P. Conyu y, Pro-Tem
Deputy Clerk to the Bo '�`� /
tvw
F. Garcia
avid E. Long
o gla Rademacher
2011-1220
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EXHIBIT INVENTORY CONTROL SHEET
Case AMUSR #1102 - L.G. EVERIST, INC.
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 May 3, 2011)
Letter from the Town of Firestone to L.G. Everist, Inc.,
D. Applicant dated May 16, 2011
Letter from the Town of Firestone to the Board of
E. Applicant County Commissioners, dated May 16, 2011
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