HomeMy WebLinkAbout20072046.tiff HEARING CERTIFICATION
DOCKET NO. 2007-57
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1611
FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING GRAVEL
MINING, EXPORT AND IMPORT MATERIALS, SCALE HOUSE, AND AN OFFICE, IN
THE A (AGRICULTURAL) ZONE DISTRICT - LOT HOLDING INVESTMENTS, LLC/
ROBERT AND VALERIE PARKER, CIO HALL-IRWIN CORPORATION
A public hearing was conducted on August 1, 2007, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner William F. Garcia
Commissioner Robert D. Masden
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Jacqueline Hatch
Health Department representative, Char Davis
Public Works representative, David Bauer
The following business was transacted:
I hereby certify that pursuant to a notice dated July 13,2007,and duly published July 18,2007,in the
Fort Lupton Press, a public hearing was conducted to consider the request of Lot Holding
Investments, LLC/Robert and Valerie Parker, do Hall-Irwin Corporation, for a Site Specific
Development Plan and Use by Special Review Permit#1611 for a Mineral Resource Development
Facility, including gravel mining, export and import of materials, scale house, and an office, in the
A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record.
Jacqueline Hatch, 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 consists of multiple parcels generally located east of County Road 23.5, north of
County Road 2,which is also known as Baseline Road,and south of County Road 23.75. She gave
a brief description of the uses of the surrounding properties,and stated the total acreage of the site
is 52.88 acres, of which 33.4 acres will be disturbed. She clarified the deposit will be dry-mined
through the use of de-watering trenches,the site will be mined in three phrases, and each phase
is between seven and seventeen acres in size. She stated the time required to complete each
phase will be dependent upon market demand; however, it is anticipated that each phase will be
completed in approximately two years. She clarified Phase 1 will be reclaimed while Phase 2 is
being mined, and both sites should be reclaimed within one to two years of completed mining
operations. She further clarified the mining of Phase 3 will begin within three years after the mining
of Phases 1 and 2, and Phase 3 will be completed within three years, and reclaimed within an
additional two years. She explained Phases 1 and 2 will be reclaimed and backfilled as pasture
land,and Phase 3 will be reclaimed as a water storage reservoir lined with a slurry wall. Ms. Hatch
displayed photographs of the site and stated the number of employees on the site shall not exceed
2007-2046
PL1914
HEARING CERTIFICATION - LOT HOLDING INVESTMENTS, LLC / ROBERT AND VALERIE
PARKER, C/O HALL-IRWIN CORPORATION (USR#1611)
PAGE 2
twelve at any given time. She stated the hours of operation shall be hours of daylight, except in
cases of public or private emergency, or for necessary repairs. She further stated the restriction
does not apply to the operation of administrative or executive offices, or repair and maintenance
facilities located on the site. She stated the facility must adhere to the maximum noise level allowed
in the Industrial Zone District, as required by State statute. She further stated eleven referral
agencies reviewed the application and provided comments which have been addressed through the
Conditions of Approval and Development Standards. Ms. Hatch stated one letter of support has
been received from a surrounding property owner,and after the Planning Commission hearing,one
surrounding property owner also provided comments regarding floodplain issues and existing utility
easements. She stated the Departments of Public Works and Planning Services are working to
address these concerns.
Char Davis, Department of Public Health and Environment, stated the applicant is required to
provide evidence of a well or adequate water source on the site. She stated the office and the scale
house will be serviced by a septic system,and the applicant is required to provide a Dust Abatement
Plan, Air Pollution Emissions Notice, and a Waste Handling Plan.
David Bauer, Department of Public Works,stated the applicant is expanding an existing pit,and an
application for a new Floodhazard Development Permit is required,which will proceed through the
review process to address concerns with the South Platte River. He stated the applicant has
indicated the site will be accessed from the current access on County Road 2, and County
Road 23.5 will not be utilized.
Danna Ortiz, Civil Resources, represented the applicant and stated staff has presented the case
well. She stated the applicant has been working to complete the requirement listed within Condition
of Approval#1.6; however,approval from the State Engineer's Office may take up to one year. She
clarified the applicant only has thirty days from approval of the Resolution to record the plat,
therefore, she requested Condition of Approval #1.6 be moved to become a condition prior to
construction or prior to issuance of the Certificate of Occupancy. Ms. Ortiz read Development
Standard#45 into the record,and stated the first two phases of the mining are the Parker property,
and the third phase is the Dersham property. She clarified the mining will take place in conjunction
with the existing Baseline Resource project,and the applicant is required to provide water storage.
She explained the applicant will mine the Parker property first,and depending on market conditions,
it could take up to four years to begin operations on the Dersham property. She requested the
language in Development Standard#45 be modified to state"four years", instead of"three years."
In response to Chair Long, Mr. Ortiz reiterated Development Standard #45 states if the use is
discontinued for a period of three years, it shall be presumed inactive, and she is concerned that
the lapse between phases could be perceived as a discontinuation of operations. Responding to
Ms.Ortiz, Mr. Barker stated Development Standard#45 is a reiteration of Section 23-2-200.E of the
Weld County Code, and in order to waive the Development Standard, the Code would have to be
modified. He further stated if staff were to bring the matter before the Board through a Probable
Cause hearing, the record already reflects operations will be happening on the site, which is a
sufficient explanation. Mr. Barker recommended that no action be taken on Development Standard
#45. In response to Commissioner Jerke, Mr. Barker stated action taking place within the
2007-2046
PL1914
HEARING CERTIFICATION - LOT HOLDING INVESTMENTS, LLC/ ROBERT AND VALERIE
PARKER, C/O HALL-IRWIN CORPORATION (USR #1611)
PAGE 3
boundaries of the Use by Special Review Permit provides evidence that the use has not been
abandoned. Chair Long expressed his appreciation for the clarification.
No public testimony was offered concerning this matter.
In response to Chair Long, Ms. Hatch recommended Condition of Approval#1.6 to be moved to
become a condition prior to operation. Ms.Ortiz concurred with the recommendation of Ms. Hatch.
In response to Mr. Barker, Ms. Hatch recommended the condition be added as Condition of
Approval#3.A,with the required re-numeration,and the Board concurred with the recommendation
of Ms. Hatch. In response to Chair Long, Ms. Ortiz stated she, and the applicant, have reviewed,
and concur with, the Conditions of Approval and Development Standards as modified.
Commissioner Garcia moved to approve the request of Lot Holding Investments,LLC/Robert and
Valerie Parker,do Hall-Irwin Corporation,for a Site Specific Development Plan and Use by Special
Review Permit#1611 for a Mineral Resource Development Facility,including gravel mining,export
and import of materials, scale house, and an office, in the A(Agricultural)Zone District, based on
the recommendations of the Planning staff and the Planning Commission,with the Conditions of
Approval and Development Standards as entered into the record. His motion included moving
Condition of Approval#1.6 to become Condition of Approval#3.A. The motion was seconded by
Commissioner Rademacher, and it carried unanimously. There being no further discussion, the
hearing was completed at 10:30 a.m.
This Certification was approved on the 6th day of August 2007.
APPROVED:
E ♦ .
1L��OARD OF COUNTY COMMISSIONERS
\E ZOUNTY, COLO ADO
ATTEST: 4 "1_D� I J "
•Y vid E. Long, Chair
Weld County Clerk to the Board "
j, XCUSED DALLEOF APP VAL
BY: Val` ` ~ William H) e, -Tem
Dep1� �1n A Cler o the Board "1/
William F. Garcia
TAPE #2007-22 S)etattL.
Robert D. Masden
DOCKET #2007-57 „ ,c1A.c.: (_lb �
Douglass ademacher
2007-2046
PL1914
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1611 - LOT HOLDING INVESTMENTS, LLC/ROBERT AND VALERIE PARKER,
CIO HALL-IRWIN CORPORATION
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 06/19/2007)
D. Clerk to the Board Notice of Hearing (Filed under Legals)
E. Kerr-McGee Letter of Support, dated 07/23/07
F. Planning Staff Certification and photos of sign posting
G.
H.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
V.
ti
i� o
C6 " c
�, � `cp
o \ rwo
`T' ��
O. U �c , ;7 tJ,
V M � � Jpp i� 7t7
J
473- -4-. t cil
NA
�(� �j
O _ "� o)c.cc elA iQ.,..i
0 _t
...
iRe c.U Z CL N.0_ „ S i t / f r\ r
>% Em , . t
< U m = p Ct
a� a S 'U pp r '': I)
c y m db ) J Z . J'C ',::‘-
O e� r Cr
W O 113 .. a y a) ` .� S T
} \ -
co c c aci y C 0 N ,� :� G cf 0- �ay., > ,o c O (` M�
y a E °' m Q r �h ZS '! RS 94 cam` —
F E a e
c
2 V d >
C 7
o m i-
`P v rn io O
O , Wod L lV' ` ✓� '�
0 - < O e.- O u - •,.. -, (-. 1,,,,ti:
co
N N t•-- CO <"4
fD l•-. to h 3 LL1N`JS1
Ce 0000 ,o (\
•
yNNNN 3> ! `) '-i p T' „41--' -1' -_)\S
0 WWWW D ! �� �� ` a c �' O
z >G
< Y 0 0 0 Q c 1\, L c U Js��C Y J 3
W 0000 _I z - I Z.
c
S 0 0 0 0 a
Hello