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Home My WebLink About20102799.tiff HEARING CERTIFICATION DOCKET NO. 2010-54 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SECOND AMENDED USE BY SPECIAL REVIEW PERMIT#840 FOR A PROPOSED RAIL TRANSLOAD YARD FOR OFF-LOADING, STORAGE, AND LOAD-OUT OF INDUSTRIAL MATERIALS, INCLUDING THE ABILITY TO FABRICATE, REPAIR AND MAKE MODIFICATIONS OF EXISTING RAIL CARS, THE EXTENSION OF THE EXISTING ON-SITE RAIL SPUR TO CREATE A "RAIL LOOP" OF ON-SITE TRACK, INCLUDING THE UTILIZATION OF MORE THAN ONE CARGO CONTAINER FOR STORAGE AND ONGOING GRAVEL MINING, (SAND, GRAVEL AND STONE) IN THE A (AGRICULTURAL) ZONE DISTRICT- L.G. EVERIST, INC. A public hearing was conducted on November 24, 2010, at 10:00 a.m., with the following present: Commissioner Douglas Rademacher, Chair Commissioner Barbara Kirkmeyer, Pro-Tem Commissioner Sean P. Conway - EXCUSED Commissioner William F. Garcia Commissioner David E. Long Also present: Acting Clerk to the Board, Jennifer VanEgdom County Attorney, Bruce Barker Planning Department representative, Kim Ogle Health Department representative, Mary Evett Public Works representative, Don Carroll The following business was transacted: I hereby certify that pursuant to a notice dated October 15, 2010, and duly published October 20, 2010, 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 Second Amended Use by Special Review Permit#840 for a proposed rail transload yard for off-loading, storage, and load- out of industrial materials, including the ability to fabricate, repair and make modifications of existing rail cars, the extension of the existing on-site rail spur to create a "rail loop" of on-site track, including the utilization of more than one cargo container for storage and ongoing Gravel Mining, (sand, gravel and stone) in the A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record. Chair Rademacher advised the applicant's representative, Lynn Shults, that she has the option of continuing the matter to a date when the full Board will be present. However, if she decides to proceed today, the matter will require three affirmative votes, or in the case of a tie vote, Commissioner Conway will review the record and make the determining vote. Ms. Shults indicated she would like to proceed today. Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and entered the favorable recommendation of the Planning Commission into the record as written. He stated the second amendment to the Use by Special Review (USR) permit is for the proposed rail transload yard facility, with continuing mining activities to occur on the site. He Cc Pb, Ply, hi t- t 13 -7 - I 0 2010-2799 PL0446 HEARING CERTIFICATION - L.G. EVERIST, INC. (2NDAMUSR-840) PAGE 2 indicated the site is located south of County Road 126, east of County Road 21, and adjacent to the Union Pacific Railroad (UPRR) main track. He further indicated the surrounding uses are predominantly agricultural ranchland, with rural residences, and a proposed expansion to the rail line is internal to the property. He clarified the previously approved Landscape and Screening Plan provides adequate screening for adjacent properties, and the site is not located within the three-mile referral area for any municipality. He stated the site is located approximately one-half mile from the Townsite of Carr, and the nearest residence is approximately a distance of 2,000 feet. He indicated there will be no changes to the existing Noxious Weed Management Plan or Waste Handling Plan, and the current stormwater drainage controls on the site are sufficient for the proposed additional use. Mr. Ogle clarified gravel mining operations will continue at the site, and remaining areas of the site to be mined are located south of the proposed transload area. He stated fourteen referral agencies reviewed the application materials, and five provided comments which have addressed within the Conditions of Approval and Development Standards. He confirmed there have been no telephone calls or letters received concerning this case, and Condition of Approval #1.B, regarding the evidence of water, has been met, therefore, it may be deleted. He further confirmed the applicant provided a copy of a draft Road Maintenance Agreement, as required within Condition of Approval #1.A; however, he is not requesting deletion of this Condition. He displayed photographs of the site and the surrounding area. Don Carroll, Department of Public Works, stated County Road 126 is classified as a collector status road, and is a paved road which connects Interstate 25 and U.S. Highway 85. He indicated the average daily traffic count for the road ranges between 312 and 354 vehicles, and the count was most recently completed in 2009. He clarified the average speed of traffic is between 52 and 68 miles per hour, and the amount of truck traffic is between 37 and 51 percent of the overall traffic count. He clarified the original USR permit was approved in the year 1988, and was later amended in the year 2001. Mr. Carroll indicated a gravel haul route was created for this facility, with trucks travelling south of the Townsite of Carr, and then to the west; however, most of the gravel from this site is hauled away by rail, therefore, there is not a large amount of truck traffic associated with the facility. He clarified the trucks hauling from the site exit to the south, to County Road 120, and then to U.S. Highway 85. He confirmed the proposed additional uses are a good fit for the area, and staff drafted a new Road Improvements Agreement, based upon the template utilized for the previous agreement. He clarified the haul route will be along County Road 126, which is paved, and the south entrance point will remain the same. He further clarified if product is hauled from the site by truck, the applicant will need to provide necessary dust control for adjacent residences. Mr. Carroll indicated one addition to the new agreement is the designation of the haul route for any hazardous materials, and clarified emergency responders must be made aware of any hazardous materials. He indicated there are no proposed additional structures or pavement, therefore, the current drainage measures are adequate, and historical flow patterns will be maintained on the site. He clarified that if drainage travels across other parcels of land, it must be identified on the plat, and eventually end up in the detention pond on the site. He stated the applicant will utilize a tracking pad on County Road 126, to prevent mud and debris from depositing on the road. In response to Chair Rademacher, Mr. Carroll clarified the pavement of County Road 126 was finished in the year 2001, when the pavement was extended from the Townsite of Carr, to the west. 2010-2799 PL0446 HEARING CERTIFICATION - L.G. EVERIST, INC. (2NDAMUSR-840) PAGE 3 Mary Evett, Department of Public Health and Environment, stated the permit was previously approved for the use of portable toilets and bottled water; however, there was not a specific Development Standard included which addressed this issue. She confirmed the Planning Commission approved the continued use of portable toilets and bottled water on this site, and she requested the deletion of Condition of Approval #1.C.4. She clarified each lessor of the site will be required to provide the necessary portable toilets, as addressed within Development Standards #10 and #11. She confirmed the applicant has submitted the required Dust Abatement and Waste Handling Plans, as well as the Air Pollution Emissions Notice (A.P.E.N.) Permit and the Stormwater Discharge Permit. Ms. Evett indicated the roads within the site are gravel, and the applicant intends to limit the speed limit, in order to help reduce dust, and the Department's concerns and requirements were addressed prior to today's hearing. Ms. Shults expressed her appreciation to Mr. Ogle for his work with this case, and clarified L.G. Everist is a family-owned company which has been in operation for over 140 years. She clarified the company began operations in the State of Colorado during the 1960's, and has been operating within Weld County for twenty-five years. She stated the permitted operations at the site for gravel mining have recently decreased, and there is currently minimal production at the site, with very low levels of truck trips occurring. She clarified this proposed amendment will allow this site to expand operations, with the intent of obtaining more customers within the future. Ms. Shults confirmed she has worked with the Department of Public Works regarding the new Road Maintenance Agreement, and she received a draft copy of the agreement yesterday. She indicated there are a few specifics to still work out; however, she believes a final agreement is reachable. She further indicated she understands the reasoning for requiring a new agreement, which addreses compensation if damage occurs to the road; however, the agreement must be kept fair and not burdensome for the applicant. She confirmed the agreement acknowledges the applicant is required to pay a proportional share of reconstruction costs for the road, if it becomes damaged beyond repair; however, there are many other trucks utilizing this road, and the applicant does not desire to be held liable for all damage to the road. She clarified the agreement does not call for collateral to be provided; however, it is mentioned within Condition of Approval #1.A, and she requested the reference to collateral be removed from the language. She further clarified collateral has not been required within past agreements, and the applicant desires to continue to stand on its merit of completing repairs in a quick and efficient manner. She confirmed the company has paid out over $700,000.00 for improvements within the past seven years, which does not include minor improvements also completed. She stated the company has always paid for all of the necessary road improvements in a quick manner, therefore, there is no justification for the County to require that collateral now be posted. In response to Chair Rademacher, Ms. Shults confirmed the rail yard may be utilized by the oil and gas industry, as well as any other customer who would like to receive shipments by rail. She clarified windmill parts have been delivered to the site on numerous occasions, which have been offloaded onto the site, and then trucked to the necessary destination. Further responding to Chair Rademacher, Mr. Ogle confirmed the site will be allowed to be utilized for multiple industries, not just for oil and gas operations. No public testimony was offered concerning this matter. In response to Chair Rademacher, Mr. Carroll confirmed the Department is not requesting the applicant to provide any type of collateral, therefore, he concurs with the deletion of the 2010-2799 PL0446 HEARING CERTIFICATION - L.G. EVERIST, INC. (2NDAMUSR-840) PAGE 4 reference of collateral within Condition of Approval #1.A. Responding to Commissioner Kirkmeyer, Mr. Carroll clarified there was no collateral required within previous agreements, and the new agreement will still come before the Board for approval before it may be finalized. The Board concurred with the deletion of the words "and form of collateral' from Condition of Approval #1.A. Upon further discussion with Ms. Shults, the Board concurred with the deletion of Conditions of Approval #1.C.4, and #1.B. Chair Rademacher questioned why the applicant is required to install "No Trespassing" signs, as required within Development Standard #21. Mr. Ogle clarified this requirement was listed within the Resolution for first amendment to the USR permit, therefore, it was carried forward for this Resolution. Ms. Shults confirmed the signs are already in place, and the applicant does not have any objection to the requirement. In response to Chair Rademacher, Ms. Shults confirmed the hours of operation are adequate, and were addressed within the Planning Commission hearing. Further responding to Chair Rademacher, Ms. Shults indicated she has reviewed, and concurs with, the Conditions of Approval and Development Standards, as amended. Commissioner Garcia moved to approve the request of L.G. Everist, Inc., for a Site Specific Development Plan and Second Amended Use by Special Review Permit #840 for a proposed rail transload yard for off-loading, storage, and load-out of industrial materials, including the ability to fabricate, repair and make modifications of existing rail cars, the extension of the existing on-site rail spur to create a "rail loop" of on-site track, including the utilization of more than one cargo container for storage and ongoing Gravel Mining, (sand, gravel and stone) 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 the deletion of the words "and form of collateral' from Condition of Approval #1.A; the deletion of Condition of Approval #1.B, with the required re-lettering; and the deletion of Condition of Approval #1.C.4. The motion was seconded by Commissioner Long, and it carried unanimously. There being no further discussion, the hearing was completed at 10:30 a.m. 2010-2799 PL0446 HEARING CERTIFICATION - L.G. EVERIST, INC. (2NDAMUSR-840) PAGE 5 This Certification was approved on the 29th day of November, 2010. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: 75 ; �;�`�_ «�.�.� • �. �ougla adema• er Chair Weld County Clerk to the \ �, .ar•ara Kirkmey=r, Pro-Tern BY:I�✓/ /.: ►Ifs "'�:I D-puty Clerk the Board EXCUSED Sean P. Conwa „( Will F. Garcia David E. Long I i 2010-2799 PL0446 2 § + % 2 re /a 4 0 0_ 2 / ° ° R " . . IX N # w w - z Ili k J in 2 § § 3` -k z � © { % / I- > x m b ' 6 [ g E O # 2 a o a \ I- 2 2 ) N. C 2 z § I . co z 0 § k § O. / � 2 q & R�cr u. a 2 a 2 \ ed re § J9 Q ; 2 e \-- 0 A % w te « 2 "Ti z 0 k EXHIBIT INVENTORY CONTROL SHEET Case 2ndAmUSR #840 - 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 11/02/2010) D. E. F. G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. W. Hello