HomeMy WebLinkAbout20081462.tiff HEARING CERTIFICATION
DOCKET NO. 2008-37
RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW
PERMIT#1394 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING
A CONCRETE AND ASPHALT BATCH PLANT, MATERIALS BLENDING, IMPORT OF
MATERIALS, AND GRAVEL MINING, IN THE A (AGRICULTURAL) ZONE DISTRICT -
ZADEL FAMILY, LLLP, C/O NORTHERN COLORADO CONSTRUCTORS
A public hearing was conducted on May 14, 2008, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tem - EXCUSED
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Michelle Martin
Health Department representative, Lauren Light
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated April 25, 2008, and duly published April 30, 2008,
in the Fort Lupton Press, a public hearing was conducted to consider the request of Zadel Family,
LLLP,c/o Northern Colorado Constructors,fora Site Specific Development Plan and Amended Use
by Special Review Permit#1394 fora Mineral Resource Development Facility, including a Concrete
and Asphalt Batch Plant, Materials Blending, Import of Materials, and Gravel Mining, in the
A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record, and
advised the applicant's representative, Todd Yee, J and T Consulting, that he has the option of
continuing the matter to a date when the full Board will be present. However, if he decides to
proceed today, the matter will require three affirmative votes, or in the case of a tie vote,
Commissioner Masden will listen to the record and make the determining vote. Mr. Yee indicated
he would like to proceed today.
Michelle Martin, 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.
She stated the site is located north of County Road 18, west of County Road 25, outside of any
Intergovernmental Agreement boundary areas, and within the 100-year floodplain. She stated the
applicant is proposing to incorporate additional land, since existing mineral reserves are depleted
from the current site. She gave a brief description of the original Use by Special Review Permit,
and indicated the amended permit will allow an additional 73 acres to be utilized for the placement
of a concrete batch plant, as well as for mining activities. She further described the surrounding
land uses, which include several mining operations. She indicated there are fourteen surrounding
property owners within 500 feet of the property, and no letters of concern or support have been
provided; however, staff has received three telephone calls. She stated the site lies within the
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three-mile referral area for the City of Fort Lupton, which indicated no concerns with the proposed
use, and the Towns of Frederick and Firestone, both of which did not return a referral response.
She clarified 24 referral agencies reviewed the request,and twelve have provided comments which
have been addressed within the Conditions of Approval and Development Standards. Ms. Martin
displayed photographs of the site and surrounding properties, and in response to Commissioner
Rademacher, she indicated the access to the facility is on County Road 25. Further responding to
Commissioner Rademacher, Ms. Martin indicated the applicant is expected to finish the mining
operations in approximately twelve to fifteen years.
Lauren Light, Department of Public Health and Environment, stated the facility will be permitted to
utilize bottled water; however, a permanent water supply will be required. She stated an older
residence is located on the site, which utilizes a septic system which is not permitted, therefore,
an inspection is required. She further stated the scale house contains a vault which needs to be
permitted, and employees may utilize portable toilets on the working face of the mine. She stated
new septic systems will be installed for the batch plant, and Development Standards #3,
through #20, and Conditions of Approval #1.B, #1.D, and #1.E, address the concerns of the
Department. In response to Chair Jerke, Ms. Light indicated many of the conditions for approval
are currently required by the USR#1394 permit, and the applicant must continue to adhere to the
previous requirements. She explained the residence on the site is located on the additional portion
of land, and was not a part of the previous permit.
Don Carroll, Department of Public Works, stated County Road 25 is a local paved road, and the
entrance to the facility is approximately 900 feet north of the intersection with County Road 18. He
indicated the access to the facility on the map provided, and stated the applicant will be required
to place a Stop sign at the access to the batch plant. He further stated the applicant has entered
into a Long-Term Road Maintenance and Improvements Agreement, and has been completing
necessary improvements within the surrounding area. He indicated there are four other gavel pit
operators within the surrounding area; however, the County-owned pit is not utilized on a regular
basis. He stated the applicant provided a traffic study to the Colorado Department of
Transportation(CDOT),for review,and the U.S. Highway 85 Corridor Study identifies County Road
18 and U.S. Highway 85 as a full movement intersection. He clarified the intersection does not
contain lights, and construction of a right-hand turn lane to southbound U.S. Highway 85 is
anticipated; however, acceleration and deceleration lanes have already been constructed.
Mr. Carroll stated the applicant has provided the necessary stormwater drainage information,which
is currently being evaluated. He stated the applicant is required to provide adequate paved turning
radii to accommodate the large trucks, and to utilize tracking pads to reduce debris on the County
Roads. He further stated the asphalt and concrete batch plants will be required to provide a paved
surface to the scale house and loading dock. He indicated the circulation on the site is adequate,
and the applicant will be required to maintain the weeds on the site. In response to Commissioner
Rademacher, Mr. Carroll stated the batch plants will expect 150 truck trips per day, and is
physically located approximately 200 feet from County Road 25.
Mr. Yee represented the applicant and stated the site currently contains 103 acres, of which
70 acres are mined, and the existing operation screens and occasionally crushes materials utilized
for construction aggregates. He stated the final reclaimed use of the site will be lined water storage
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reservoirs. He further stated the expansion of approximately 75 acres will incorporate more land
to the north, and will provide for the addition of the asphalt and concrete batch plant facilities,
therefore, the overall mining area will be 110 acres. He clarified the new batch plants will be
located within the southeast corner of the site, in order to keep the plants away from as many
surrounding residences as possible, and to minimize the impact to the surrounding roadways. He
stated the addition of the groundwater recharge ditches along the perimeter of the site will protect
the aquifer and adjacent wells within the area, and the ditches have received State approval.
He clarified the concrete batch plant will be located approximately 200 feet from County Road 25,
and the asphalt batch plant will be approximately 150 feet. He stated, as requested by the
Department of Public Works, pavement will be provided from the loading area of each plant to the
edge of the County Road, with adequate turning radii. He further stated the road to the asphalt
plant will be surfaced with recycled asphalt, in order to reduce dust, and a water truck will be
utilized, when necessary, to provide dust abatement, along with sprinklers on the stockpiles. He
stated some material blending will occur within the batch plants, and piles within the yard will not
be blended. He clarified the only planned lighting on the site is for the placement of one yard light
on top of the asphalt tanks, and one on top of the concrete tanks, to be utilized during nighttime
deliveries, and no light will be projected off of the site.
Mr. Yee stated excess product will be washed out within a dedicated area,which is bermed to keep
stormwater out, and the cured product will be crushed and recycled back into the concrete plant.
He stated the truck washout area is a three cell structure, and the product washed out is filtered
and cleaned out on an as-needed basis, therefore, the overall operation is very clean. He further
stated landscaping will be provided along the eastern edge of the property, in order to screen the
property from surrounding properties. He indicated the oil and gas operation areas have been
incorporated, agreements with all of the operators have been obtained, and the necessary
easements have been secured for the pipelines. He clarified the road maintenance agreement is
working well, and the necessary improvements will continue to be completed. He stated the facility
has received State approval for the amended permit, and a substitute water supply plan for
augmentation water has also been approved. He further stated approval of the well permit is
eminent, and the other ancillary permits are forthcoming.
In response to Commissioner Garcia, Mr. Yee clarified the overall net traffic count for the gravel
operation will actually decrease since some of the aggregate will now remain on the site to be
processed through the batch plant. He further clarified the facility expects an increase in the
amount of truck traffic to the batch plants, approximately 200 round trips per day. Further
responding to Commissioner Garcia, Mr. Yee stated the lighting on the site is necessary for
nighttime deliveries and any work completed during the nighttime hours will be maintenance work,
unless special conditions exist to gain permission for nighttime work. Chair Jerke suggested
modifying Development Standard #32 to allow the facility to complete operations during daylight
hours, year-round, and Mr. Yee indicated he concurred with the suggestion. In response to
Commissioner Long, Mr.Yee clarified the facility expects truck traffic in the amount of an additional
200 trips per day when the batch plants are in full operation.
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In response to Chair Jerke, Mr. Carroll indicated all of the necessary improvements required within
the road maintenance agreement have been completed, except for some improvements which still
need to be completed for the north mile which connects to the SW Chambers plant. He further
stated CDOT has requested additional information regarding right-of-way along U.S. Highway 85,
and he briefly summarized all of the improvements which have already been completed. Further
responding to Chair Jerke, Mr. Carroll stated the Resolution does not address updates to the road
maintenance agreement; however, he does not believe any additional improvements will be
necessary to handle the additional truck traffic associated with the batch plants. He further stated
CDOT has not requested any additional improvements; however,the applicant is currently working
to accommodate the right-hand turn lane. Mr. Yee clarified an updated traffic study has been
completed and submitted to CDOT, and the applicant is awaiting a response. He indicated the
findings of the traffic study indicated very minimal improvements will be required at the intersection
of U.S. Highway 85 and County Road 18. He confirmed the applicant is committed to provide
whatever improvements are deemed necessary by CDOT.
Responding to Commissioner Rademacher, Mr. Carroll stated the applicant is working with the
Department to ensure that all potential floodplain issues are addressed and/or mitigated. Further
responding to Commissioner Rademacher, Mr. Yee indicated the mining operations and final
reclamation are scheduled to be completed by the year 2020, as the operation is not considered
to be long-term; however, market conditions may effect the final date. He further stated there are
no other batch plants within a five-mile radius of the site, and confirmed the LaFarge site is more
than five miles away. In response to Commissioner Rademacher, Mr. Yee clarified the irrigation
ditch will not be removed; however, the ditch will be relocated, and a ditch agreement has been
completed and signed. He further stated the closest residence is approximately 650 feet south of
the site; however, the resident of the property is a gentleman who works within the gravel industry
and supports the proposed uses. He indicated an agricultural field and two residences are located
to the north of the site.
No public testimony was offered concerning this matter.
In response to Chair Jerke, Mr. Carroll confirmed the Department is comfortable that the applicant
will provide the finances for any additional improvements required by CDOT. Following discussion,
the Board concurred with the modification of the first sentence of Development Standard #32 to
state,"Hours of operation shall be daylight hours." Mr. Yee concurred with the modification as well.
In response to Chair Jerke, Mr. Yee indicated he, and the applicant, have reviewed, and concur
with, the Conditions of Approval and Development Standards, as modified.
Commissioner Rademacher moved to approve the request of Zadel Family, LLLP, c/o Northern
Colorado Constructors,for a Site Specific Development Plan and Amended Use by Special Review
Permit#1394 for a Mineral Resource Development Facility,including a Concrete and Asphalt Batch
Plant, Materials Blending, Import of Materials, and Gravel Mining, 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 modification of the first sentence of Development Standard #32 to state, "Hours of
operation shall be daylight hours." The motion was seconded by Commissioner Garcia, and it
carried unanimously. There being no further discussion, the hearing was completed at 11:10 a.m.
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HEARING CERTIFICATION - ZADEL FAMILY, LLLP, CIO NORTHERN COLORADO
CONSTRUCTORS (AMUSR #1394)
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This Certification was approved on the 19th day of May, 2008.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: � L4/ /. i ,„s a 1., J7- -
William H. Jerke, Chair
Weld County Clerk to t `
i;-C►� �� EXCUSED
ww Robert D. Masden, Pro-Tern
Deputy Clerk . the Bo�'�i��.:�I•
WF. Garcia
rn, C`P
David E. Long
Douglas R emacher
2008-1462
PL1682
EXHIBIT INVENTORY CONTROL SHEET
Case AMUSR#1394 - ZADEL FAMILY, LLLP,
C/O NORTHERN COLORADO CONSTRUCTORS, INC.
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 03/18/2008
and 02/19/2008)
D. Clerk to the Board Notice of Hearing (Filed under Legals)
E. Planning Staff Certification and photo of sign posting
F. Planning Staff Memo re: Modification of Development
Standard #32
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