HomeMy WebLinkAbout20111917.tiff HEARING CERTIFICATION
DOCKET NO. 2011-37
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1760 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING
OPEN PIT GRAVEL MINING (SANDS, GRAVELS AND STONES) AND MATERIALS
PROCESSING INCLUDING CONCRETE OR ASPHALTIC BATCH PLANTS AND/OR
RECYCLING OPERATIONS IN THE 1-3 (INDUSTRIAL) ZONE DISTRICT - VARRA
COMPANIES, INC.
A public hearing was conducted on July 27, 2011, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair- EXCUSED
Commissioner Sean P. Conway, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long - EXCUSED
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Kim Ogle
Health Department representative, Lauren Light
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated June 17, 2011, and duly published
June 22, 2011, in the Fort Lupton Press, a public hearing was conducted to consider the
request of Varra Companies, Inc., for a Site Specific Development Plan and Use by Special
Review Permit #1760 for a Mineral Resource Development Facility including Open Pit Gravel
Mining (sands, gravels and stones) and Materials Processing including concrete or asphaltic
batch plants and/or recycling operations in the 1-3 (Industrial) Zone District. Bruce Barker,
County Attorney, made this a matter of record.
Chair Pro-Tem Conway advised Garrett Varra, applicant, 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 the matter will be deemed denied. Mr. Varra
indicated he would like to proceed today.
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 gave a brief description of the location of the site. He stated the application proposes to
mine approximately 76 acres of the overall 102.87-acre parcel, and he provided a brief overview
of the surrounding area, which is predominantly industrial in nature, with residences to the
south. Mr. Ogle stated the property is not within an Intergovernmental Agreement (IGA) or
Urban Growth Boundary (UGB) area, although it is within the three-mile referral area for the
Cities of Greeley, Garden City, and Evans. He stated the City of Greeley provided two referrals
with advisory statements concerning coordination of reclamation of the site and clarification
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regarding waiver of the Transportation Impact Study, although it would be requiring a Roadway
Maintenance Agreement, acceptable construction drawings, and a Greeley Public Works
Department right-of-way permit for access onto Ash Avenue. Mr. Ogle stated the Cities of
Garden City and Evans did not return a referral response indicating conflict with their interests,
and a Flood Hazard Development Permit will be required for all structures located within the
floodplain. He indicated 26 referral agencies reviewed the proposal, eight responded with
comments that have been addressed in the Conditions of Approval and Development
Standards, and staff received no communication from surrounding property owners. He
requested an amendment to the Draft Resolution to delete Condition of Approval #1.P, as it was
not reflected in the referral from the Greeley-Weld County Airport. Lastly, he reviewed the site
layout, and displayed photographs of the property and surrounding residences. In response to
Commissioner Rademacher, Mr. Ogle stated the existing Durham Pit is adjacent to the subject
site and is permitted under Special Use Permit#345.
Don Carroll, Department of Public Works, stated the site will be accessed from Ash Avenue,
which is paved, and the access permit and maintenance are under the jurisdiction of the City of
Greeley. He stated the applicant will be required to construct a tracking pad at the access to
prevent mud from tracking onto the paved road, and staff has accepted the applicant's proposal
of a paved apron, with 200 feet of recycled asphalt and 100 feet of rock. He requested a
modification to the second sentence of Condition of Approval #3.A to state, "The tracking pad
may consist of a paved apron, 200 feet of recycled asphalt, and 100 feet of tracking rock. If this
construction does not work, the applicant will be required to install 100 feet of asphalt or
concrete pavement with double cattle guards." He further stated the City of Greeley is requiring
a Road Maintenance Agreement and a Right-of-Way Permit, which is very similar to what the
County typically requires. He explained in order for the County to remain in compliance with the
Federal Emergency Management Agency (FEMA), the applicant will be required to obtain a
Flood Hazard Development Permit before mining and a Letter of Map Revision (LOMR) when
the mining is complete. He further stated berming will not be allowed within the floodway, and
when he conducted his site visit yesterday, he observed the applicant mowing weeds and
preparing the site for future operations.
Lauren Light, Department of Public Health and Environment, explained the applicant initially
wanted to provide bottled water and portable toilets; however, this is not a temporary use,
therefore, staff and the applicant agreed it would be appropriate for employees to use the
facilities on the adjacent Durham mining site. She stated if the Board agrees, there will need to
be several modifications to the Conditions of Approval and Development Standards, and she
clarified portable toilets and bottled water may still be used at the working face of the mine.
Ms. Light indicated the applicant has submitted an Air Emissions Permit, a Discharge Permit,
and the Dust Abatement, Waste Handling, Odor Abatement, and Noise Plans, so Conditions of
Approval #1.J, #1.K, #1.L, #1.N can be deleted. Upon agreement from the Board regarding use
of the restroom facilities at the Durham site, Ms. Light indicated Condition of Approval #5.A and
the first sentence of Development Standard #12 may be deleted. She further stated
Development Standard #11 would require an additional sentence to state, "The sanitary facilities
at the adjacent Durham facility (SUP-345) shall be available for use." In response to
Commissioner Rademacher, Ms. Light explained Development Standard #23 relates to the
potential asphalt plant, and Commissioner Rademacher indicated agreement.
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Brad Janes, Forrester with Varra Companies, stated the floodplain escarpment drops
significantly and surrounding residences are set back at least 400 feet from the mining
boundary. He reviewed the existing surrounding operations on the vicinity map, including the
new Leprino facility, a cattle truck washing site, the Anderson Truck Washing facility, and the
Durham mining site, which has been in operation since the 1970's. He referenced the site plan
and explained the plant operations will be located in Tract A, with extraction occurring in a
clock-wise direction and finishing in Tract A. He stated the site has previously been deemed
blighted, and the advantage of this application is that it will result in the extraction of 75 acres of
material, 63 acres of surface exposed water in the basins, and a reclaimed site with native
grasses. Mr. Janes stated they estimate the site to have a 20-year extraction life, with an
additional five years to complete reclamation around the year 2036. He further stated the facility
will be highly regulated by the Colorado Division of Reclamation, Mining and Safety through the
Mine Safety and Health Act (MSHA).
In response to Commissioner Rademacher, Mr. Janes stated the overall site is 102.87 acres, all
equipment will be stored near the south end, and the screening is somewhat natural due to the
escarpment elevation difference and the 650-foot setback distance. Responding to
Commissioner Garcia, Mr. Janes stated it is possible to create access to the Poudre River Trail
if all parties are in agreement and private property rights and liability issues have been resolved.
He further stated there is no evidence of past history of flooding on this parcel and he urged the
proactive removal of concrete from the river banks for a more natural setting along the trail
system.
Responding to Chair Pro-Tem Conway, Mr. Varra stated this is a suitable site for lined water
storage and the potential for recreational and other uses which will be explored. He further
stated Varra Companies did receive a letter from Noble Energy, Inc., requesting the dedication
of space, and he confirmed Varra Companies is dedicated to working with Noble to ensure there
is adequate space for wells.
No public testimony was offered concerning this matter.
In response to Commissioner Rademacher regarding screening required under Condition of
Approval #1.1, Mr. Ogle stated staff observed some non-operational vehicles which need to be
screened or removed. Mr. Varra explained the old dredge equipment came with the property
when it was purchased from the Western Sugar Company Co-op, and he confirmed it will be
removed. The Board agreed to leave Condition of Approval #1.1 as is, delete Conditions #1.J,
#1.K, #1.L, #1.N, and #1.P, modify the second sentence of Condition #3.A, delete Condition
#5.A, add a second sentence to Development Standard #11, and delete the first sentence of
Development Standard #12, as previously discussed. In response to Commissioner
Rademacher, the applicant confirmed there is not a septic system currently on the property.
Ms. Light stated she would prefer the remainder of Development Standard #12 be left in for
future needs, if wanted, and the Board concurred. The Board also indicated agreement with
keeping Development Standard #23, as is, based on staffs previous explanation. In response
to Commissioner Rademacher, Mr. Janes and Mr. Varra both explained the requirement under
Development Standard #44 is from the State Archeologist concerning the potential discovery of
human remains. They confirmed it is a common referral response at the State level for the
mining permit and they are fine with leaving it in as proposed. Responding to Chair Pro-Tem
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Conway, Mr. Varra stated he has reviewed, and agrees to abide by, the Conditions of Approval
and Development Standards, as proposed and modified.
Commissioner Garcia stated this is an exciting opportunity to utilize and reclaim a blighted site,
as well as create the possibility for water storage as a highest and best use. Chair Pro-Tern
Conway thanked the applicant for bringing forward an outstanding proposal and investing in the
community, and he also expressed excitement for the possible future trail uses. Mr. Varra
thanked the Board and staff for their review of this matter.
Commissioner Garcia moved to approve the request of Varra Companies, Inc., for a Site
Specific Development Plan and Use by Special Review Permit #1760 for a Mineral Resource
Development Facility including Open Pit Gravel Mining (sands, gravels and stones) and
Materials Processing including concrete or asphaltic batch plants and/or recycling operations in
the 1-3 (Industrial) 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 and modified in previous discussion. The motion was seconded by
Commissioner Rademacher, and it carried unanimously. There being no further discussion, the
hearing was completed at 10:45 a.m.
This Certification was approved on the 1st day of August, 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST: SED
ra Kirkmeyer, Chair
Weld County Clerk to the Boar 11861f ,
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BY: \ ,\\>:"Deputy lerk to the Board yw p
am F. Garcia
EXCUSED
David E. Long
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Doug1 s Radem her
2011-1917
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1760 -VARRA COMPANIES, 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 July 12, 2011)
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