HomeMy WebLinkAbout20072673.tiff HEARING CERTIFICATION
DOCKET NO. 2007-65
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT
#1608 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING
CONCRETE BATCH PLANT, RECYCLED CONCRETE, AND GRAVEL MINING IN THE
A (AGRICULTURAL) ZONE DISTRICT - HOLTON FAMILY, LLC, C/O READY MIXED
CONCRETE COMPANY
A public hearing was conducted on August 22, 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, Kim Ogle
Health Department representative, Char Davis
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated August 3,2007,and duly published August 8, 2007,
in the Fort Lupton Press,a public hearing was conducted to consider the request of Holton Family,
LLC, do Ready Mixed Concrete Company, for a Site Specific Development Plan and Use by
Special Review Permit #1608 for a Mineral Resource Development Facility, including Concrete
Batch Plant, Recycled Concrete, and Gravel Mining 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 and entered the favorable recommendation
of the Planning Commission into the record as written. He stated the site is located south of State
Highway 52, west of U.S. Highway 85, east of County Road 25, and north of County Road 10. He
stated the City of Fort Lupton is located directly to the east of the site, across U.S. Highway 85,and
the City's baseball fields are located directly north of the site, across State Highway 52. He further
stated the site is located within the Intergovernmental Agreement boundary for the City of Fort
Lupton, and in a referral dated April 11, 2007, the City states it does not have any objections to the
proposed use. He stated the City of Fort Lupton did request that the applicant complete the
annexation process since the site is located within the Urban Growth Boundary; however, the City
and the applicant came to an impasse regarding the terms of the Annexation Agreement. He
clarified the Agreement required the applicant to pay an impact fee opposed by both the property
owner and the operator, therefore, the Annexation Agreement was denied by the City. Mr. Ogle
stated the use is compatible with the surrounding properties, and he gave a brief description of the
surrounding land uses. He stated the applicant has proposed to install a vegetated berm along the
north and east perimeter of the site, and the existing Holton Family residence will remain adjacent
to State Highway 52. He further stated several rural residences are located within the vicinity, a
majority of which are located within the municipal limits of the City of Fort Lupton. He stated 166
2007-2673
CO I. O p G P(j) ,-7 PL1921
--Q7
HEARING CERTIFICATION - HOLTON FAMILY, LLC, C/O READY MIXED CONCRETE
COMPANY (USR#1608)
PAGE 2
of the 298.5 acres will mined, there are several oil and gas encumbrances located on the site,and
an overhead transmission line bisects the property from west to east. He clarified the operations
will consist of dry pit mining, and a maximum of 23 employees will work two shifts, during daylight
hours from Monday through Saturday. He stated the materials will be moved utilizing loaders and
a conveyor system which will transport the materials to the processing facility located south of the
existing Holton Family residence. He further stated reclamation activities will occur concurrent with
mining operations to minimize impacts to the site, and three water storage reservoirs will be
completed over a course of approximately eleven years. Mr.Ogle stated the traffic associated with
the site will head east on State Highway 52 to U.S. Highway 85, and the Colorado Department of
Transportation (CDOT) has been in discussions with the applicant concerning the proposed haul
route. He stated the applicant has indicated the noise levels on the site will comply with all
regulations. He further stated 25 referral agencies reviewed the request,and 16 agencies provided
comments which have been addressed within the Conditions of Approval and Development
Standards. He stated two letters, received from surrounding property owners prior to the Planning
Commission hearing, addressed concerns regarding traffic and water issues. He further stated
staff has received numerous telephone calls with concerns regarding impacts to bridges, riparian
areas,and other physical encumbrances. He clarified CDOT submitted an e-mail, dated August 7,
2007, which stated the previously mentioned concerns have been addressed and resolved,
therefore, there is no longer an objection to the application. He stated a letter, dated August 17,
2007, from the Division of Reclamation Mining and Safety stated the applicant has received
approval for a 112(C) Permit. He further stated the applicant has been working to develop a
Surface Use Agreement; however, the applicant is requesting that the Board recognize a Dispute
Resolution Agreement which addresses the current and future oil and gas activities on the site.
Mr. Ogle displayed photographs of the site, and gave a brief summary of the reclamation plans on
the site.
Char Davis, Department of Public Health and Environment,stated the water source on the property
is through a commercial well, and sewage disposal will be by septic system for the scale house,
gravel plant, and concrete plant. She stated the applicant will be required to submit an Air Pollution
Emissions Notice, Dust Abatment Plan, and further information regarding the washout area. She
further stated the applicant is required apply for a permit to enable the discharge of the water. In
response to Commissioner Rademacher, Ms. Davis clarified the septic system will service the
office, scale house, sand and gravel plant, and concrete plant.
Don Carroll, Department of Public Works, stated access to the site is on State Highway 52, and
the South Platte River bisects the property. He stated a temporary access exists on
U.S. Highway 85, and no County Roads will be utilized within the haul route. He stated the mining
will be completed within five stages, and the life of the pit is approximately ten years. He further
stated the water storage on the site will be maintained by a slurry wall, and the applicant has been
in contact with CDOT to accommodate the necessary road improvements. He explained the
entrance from State Highway 52 to the scale house and office area will be paved in order to reduce
dust and to avoid tracking mud and debris onto the road. Mr. Carroll stated the applicant provided
a traffic study completed by Felsburg, Holt, and Ullevig (FHU), and at full buildout the facility will
produce approximately 400 vehicle trips per day. He stated the applicant is in the process of
creating a Stormwater Management Plan and a Flood Hazard Development Plan. He clarified the
2007-2673
PL1921
HEARING CERTIFICATION - HOLTON FAMILY, LLC, C/O READY MIXED CONCRETE
COMPANY (USR#1608)
PAGE 3
entire site is located within a floodway. In response to Commissioner Masden, Mr. Carroll stated
the applicant can address the required improvements to State Highway 52.
Mike Hart, Hart Environmental, represented the applicant and clarified the access on State
Highway 52 will contain a dedicated left-turn lane and acceleration lane for westbound traffic, a
deceleration lane for eastbound traffic to the site, and an acceleration lane for eastbound traffic
from the site. He stated FHU has completed the traffic study and will prepare the actual design
criteria in accordance with the requirements of CDOT. He further stated the intersection of State
Highway 52 and U.S. Highway 85 will be significantly improved. In response to Commissioner
Masden, Mr. Hart stated Ready Mix Concrete will pay for all required road improvements. Mr. Hart
reviewed a PowerPoint Presentation for the record, marked Exhibit L.
Bill Timmons, Mining Division President, Ready Mixed Concrete, gave a brief summary of the
history of the Ready Mixed Concrete Company, and stated the company has been in business
within the Denver area since 1906. He stated the company embraces the principal of sustainable
development, and he gave a brief description of his career within the industry. He clarified the
company currently has two other mining sites within Weld County.
Mr. Hart further reviewed the PowerPoint Presentation, and reiterated the South Platte River
bisects the property, with the Big Dry Creek Ditch located along the western side of the property.
He clarified the Riverbend Project, being completed by LaFarge, is located to the south and
southwest of the site, and a 100-year floodplain encompasses the property. He explained the
property will be divided into five mining stages and the applicant will utilize the natural vegetation
on the site for screening purposes, including proposed landscaping berms along the east and north
perimeters of the property. He stated the existing pond on the site was created as a result of
mining operations completed by CDOT in 1972, during construction of State Highway 52. He
further stated flood control structures will be installed to ensure that overflow from the South Platte
River is not captured by the pits once reclamation is complete. Chair Long stated the hearing will
be recessed during the lunch hour, and he requested any person in attendance, who is not able
to provide comments later in the afternoon, provide their testimony before the recess.
Barbara Rodgers, surrounding property owner, stated she does not object to the project; however,
she would like to express her concerns. She stated the traffic on U.S. Highway 85 will be impacted,
and the road is already too congested. She further stated the increased truck traffic on State
Highway 52 will make driving conditions within the area risky; however, she appreciates the
applicant addressing the acceleration and deceleration lanes. She clarified she lives approximately
one-half mile south of State Highway 52, and directly east from the first phase of the project. She
stated homeowners within her area paid premium prices to have mountain views; however, the
views will be obscured by the sandhills created through the mining activities. She requested the
sandhills be kept less than 20 feet in height, the hours of operation be limited from sunrise to
sunset, and that operations not be allowed seven days per week. She further requested a barrier
be created along the eastern boundary of the property to reduce sound and dust, and for aesthetic
purposes. She stated the City of Fort Lupton intends to create a walking trail along the greenbelt
area, and the barrier could also provide extra safety precautions for users of the trail. In response
to Commissioner Garcia, Ms. Rodgers stated she is pleased that additional lanes will be added to
2007-2673
PL1921
HEARING CERTIFICATION - HOLTON FAMILY, LLC, C/O READY MIXED CONCRETE
COMPANY (USR#1608)
PAGE 4
State Highway 52;however,she has additional concerns regarding the congestion of the roads and
the proposed additional truck traffic. Further responding to Commissioner Garcia, Ms. Rodgers
stated she does not know if State Highway 52 will become a four-lane highway in the near future;
however, she supports the expansion of the road to accommodate traffic. Responding to
Commissioner Jerke, Ms. Rodgers stated she does not believe the addition of roundabouts will
alleviate the traffic situation at the intersection. In response to Commissioner Masden, Ms.
Rodgers stated there are a few trees located along U.S. Highway 85; however, there are more
trees located adjacent to the South Platte River. She stated the trees along the highway are mostly
scrub trees, and do not help to block the view of the applicant's property. Commissioner Masden
concurred that the houses within the area have a beautiful mountain view, and he is trying to
understand the height difference in order to minimize the impacts from the material piles. Ms.
Rodgers stated she believes the height differences in the properties will allow her view to be
unobstructed if the piles are kept to less than 15 or 20 feet in height, and she reiterated she would
like to be able to maintain her mountain view.
Jerry Sitzman, surrounding property owner, stated he lives directly north of Ms. Rodgers property
and his property contains a retention pond,which he does not have access to. He stated he would
not be able to remove the culvert if the pond were to lose the contained water,therefore, the water
needs to be maintained to accommodate the runoff water from the City of Fort Lupton. He
expressed his concerns of the water level dropping due to the mining activities,and stated the pond
could not be maintained. He further expressed concerns regarding traffic on the highways, and
he suggested the speed limit be reduced from 65 to 55 miles per hour. In response to
Commissioner Jerke, Mr. Sitzman stated the pond is located directly east of U.S. Highway 85, and
he explained during irrigation season the water level in the pond drops. He stated the possibility
of building a ditch on the west side of the highway has been mentioned by the applicant, in order
to pump water over to the pond to maintain the correct level of water.
Sandy Neb, surrounding property owner, stated she lives north of Ms. Rodgers,and she also owns
rental property within the same area. She stated she previously submitted an e-mail, marked
Exhibit G,which expressed her concerns about the application. She further stated she is shocked
that 400 truck trips per day will be created in conjunction with the operations on the site, especially
since the traffic along U.S. Highway 85 has already doubled in the past ten years. She concurred
with Mr. Sitzman's recommendation of a reduced speed limit, and proposed that a retaining wall
be placed along the eastern side of the highway, with the costs to be split between the City, the
applicant, and the homeowners within the immediate vicinity. She explained the retaining wall will
benefit all homeowners within the area during the ten years of mining activities, and she believes
the homeowners should provide a share of the costs. Ms. Neb clarified she is not opposed to the
application, and she realizes the site will be greatly enhanced once the mining operations are
completed. In response to Commissioner Rademacher, Mr. Carroll stated U.S. Highway 85 is
controlled by CDOT, and Weld County does not have the jurisdiction to consider a change in the
speed limit for this road. Commissioner Masden explained to Ms. Neb that this section of
U.S. Highway 85 is located within the Upper Front Range Transportation Planning Region, which
he is the Chair of, and he will propose a change in speed limit on her behalf. Commissioner Jerke
explained to Ms. Neb that she should contact the City of Fort Lupton to draft a Resolution,and then
the County may draft a Resolution to be forwarded to the State to consider the matter. In response
2007-2673
PL1921
HEARING CERTIFICATION - HOLTON FAMILY, LLC, C/O READY MIXED CONCRETE
COMPANY(USR#1608)
PAGE 5
to Chair Long, Mr. Carroll provided a breakdown of the traffic study, and reiterated that a total of
over 400 vehicle trips per day will be generated at the site. Chair Long issued a lunch recess.
Upon reconvening, Chair Long instructed Mr. Hart to continue his presentation and stated public
comment will resume at the conclusion of Mr. Hart's presentation.
Mr. Hart stated an estimated ten million tons of sand and gravel are recoverable from the site, and
an average of approximately one million tons will be recovered each year. He stated the length of
the total project is variable, and is dependent on market demand due to demand for the product.
He clarified the sand and gravel plant is located on the west side of the river, and a portable
concrete plant may be located on the site; however, not within the immediate future. He stated field
conveyors will be utilized to move material within the site, and there are to be no stockpiles of
materials on the east side of the river. He clarified off-site visibility will be limited and stages three,
four, and five will be reclaimed for water storage. He stated a slurry wall will be installed prior to
any de-watering or mining operations, in order to protect the surrounding groundwater supply and
prevent drawdown impacts. He explained it is not yet known if all three slurry walls will be built
concurrently; however, stages one and two will be mined without the necessity of a slurry wall.
Mr. Hart gave the approximate time frames for the mining activities and reclamation plans on the
site,and clarified the first stage will be backfilled to pre-mining elevations. He further clarified stage
two will be divided into three cells, and the area will be backfilled to create wetlands and a wildlife
habitat. He state the third, fourth, and fifth stages will be utilized for water storage, which will be
leased out at a later date by the Holton family.
In response to the concerns previously expressed by surrounding property owners, Mr. Hart stated
the slurry walls will ensure the de-watering operations have a minimal effect on the water supply
within the surrounding area. He explained, in response to the concerns expressed by CDOT, a
cutoff trench will be installed to retain the historic groundwater levels outside of the slurry walls.
He further stated eight groundwater monitoring wells have been installed around the perimeter of
the property, and the levels are currently being monitored to create a baseline report. He stated
he understands the truck traffic is a huge concern to surrounding property owners; however, he
reiterated all of the road improvements will be completed at the applicant's expense. He clarified
approximately 140 loads per day will be hauled from the site,which creates 280 truck trips per day.
He further clarified once the concrete batch is operating, approximately 70 loads per day will be
hauled from the site, for an additional 140 truck trips per day.
In response to Commissioner Masden, Mr. Timmons stated the aggregate hauling will be done
through three contracted trucking companies, and occasionally product is sold to external
customers utilizing private vehicles. He clarified the concrete materials will hauled by company
trucks only. Commissioner Masden stated applicants in the past have had trouble with contracted
trucks regarding traffic issues, and he questioned what controls the applicant has in place to avoid
future traffic issues. Mr. Timmons stated one of the company's current sites is located within the
City of Brighton, and all trucks entering the site are controlled by the company. He explained due
to a previous request from the City of Brighton,the haul route was reconfigured,and left-hand turns
from the facility are now prohibited. He clarified the company directs the traffic flow, and external
trucks visiting the site are controlled as well.
2007-2673
PL1921
HEARING CERTIFICATION - HOLTON FAMILY, LLC, C/O READY MIXED CONCRETE
COMPANY (USR#1608)
PAGE 6
Mr. Hart clarified the applicant will remain in contact with the City of Fort Lupton regarding the haul
routes, and if problems arise, the applicant is willing to provide modifications. He stated between
one-quarter and one-third of the traffic will proceed westbound on State Highway 52, and the
remaining traffic will proceed eastbound to U.S. Highway 85. He stated the field conveyors utilized
on the site will minimize noise, and the stockpiles on the property also help control sound. He
further stated the utilization of the existing vegetation, as well as the proposed additional
vegetation,will help to screen the property from the east. Mr. Hart explained the surrounding area
is currently within a time of transition, and more mining activities are occurring within a previously
agricultural area. He stated the applicant is committed to meeting with neighbors to address
concerns, and will work diligently to try to resolve concerns. He further stated the reclamation plan
will provide water storage uses, habitat diversity, and permanent landscaping features, and the
applicant intends to work in conjunction with the City of Fort Lupton for a trail system along the
South Platte River. He clarified Ready Mix Concrete Company is only acquiring the sand and
gravel minerals on the site, and the Holton family will retain ownership of the property.
In response to Commissioner Jerke, Mr. Hart stated the company has not completed any
groundwater hydrologic modeling; however, the monitoring wells have been placed around the
perimeter of the property to address the baseline water elevations. He clarified there should be no
disruption of the movement of groundwater. He further clarified the groundwater surrounding the
lined water reservoirs will be monitored to ensure the water will not be impeded or decreased. He
stated the timing of the return flows will be addressed through the Substitute Water Supply Plan
submitted to the State. Further responding to Commissioner Jerke, Mr. Hart stated the applicant
has completed an agreement with CDOT, which addresses the construction of a groundwater
intercept to direct water underneath the power lines and discharge into the South Platte River. He
stated the applicant is committed to ensuring that the mounding will not create problems for
surrounding property owners, as well as maintaining historical flow rates. He further stated the
irrigation activities occurring on the west side of the South Platte River are a concern to the
company, and four groundwater monitoring wells have been placed on the west side of the
property. He stated if a problem arises in the future, a cutoff trench will be placed to run water into
the Big Dry Creek Ditch, which flows into the South Platte River. He explained the options for
discharge, including an underpass for the River to the north. Mr. Timmons stated the site is a very
minimal risk, since the mining activities are taking place on both sides of the river. He stated the
Big Dry Creek serves as a natural outlet for release of water, and the wildlife habitat area will not
impact alluvial water. He explained the process of the slurry wall, and stated the monitoring wells
will provide baseline data for the decision of the necessity for placement of a trench.
Responding to Commissioner Jerke, Mr. Hart stated the lined pits will hold approximately 4,000
acre-feet of water storage,and reiterated there are no current contracts for the water. In response
to Commissioner Masden, Mr. Hart stated the entrance to the City ballfields is located directly north
of the entrance to the mining site. He stated the design recommended by FHU will be reviewed
by CDOT to ensure compatibility with the access to the ballfields. Commissioner Masden stated
he has concerns with the amount of traffic and the pedestrians within the area. Mr. Hart stated he
supports the idea of decreasing the speed limit within the area, and explained a traffic light will be
installed at the intersection of the highways.
2007-2673
PL1921
HEARING CERTIFICATION - HOLTON FAMILY, LLC, CIO READY MIXED CONCRETE
COMPANY (USR#1608)
PAGE 7
In response to Commissioner Rademacher, Mr. Hart stated the data collected by the monitoring
wells will be submitted to CDOT on a monthly basis, and the State requires that any fluctuations
greater than one-foot will require action. Mr.Timmons clarified the alluvial groundwater table levels
change seasonally. He stated the monitoring wells located on the Petrocco Farms site have not
indicated a problem within the past ten years. He stated the results are also sent to the Division
of Mine Reclamation and Safety on a monthly basis. Further responding to Commissioner
Rademacher, Mr. Timmons stated upon commencement of the fifth phase, the batch plant and
gravel plant will be relocated to the first phase.
Responding to Commissioner Rademacher, Mr. Ogle stated the hours of operation for the site are
addressed through Development Standard #24, and explained the Weld County Code limits the
hours of operation to the hours of daylight, except in case of public emergency. In response to
Commissioner Garcia, Mr. Hart explained the construction of the conveyor system, and stated it
is a suspension bridge with a steel truss structure and a 36-inch conveyor belt. He explained
loaders are utilized on the pit floor to excavate the material,the material is placed in a hopper which
feeds the sand and gravel directly onto the conveyor. He stated the material is transplanted to a
surge pile, which is a collection of unprocessed material, and the surge pile is then fed into the
plant to be crushed, screened, washed, and placed into stockpiles. He clarified when mining
operations are completed on the eastern side of the property, the conveyor will be relocated to the
fourth stage. Further responding to Commissioner Garcia, Mr. Hart stated the access on
U.S. Highway 85 has been approved by CDOT to be temporarily utilized for the equipment and a
fuel truck to access the second and third stage mining areas. He expects approximately ten
vehicle trips per day will utilize the access, and no hauling will be allowed from this access. He
further clarified that the vehicles utilizing the access will not be allowed to cross U.S. Highway 85,
as the access will be a right-turn only.
There being no other public comment, Chair Long closed the public input portion of the hearing.
Brian Varrella, Department of Public Works, reiterated the site is heavily encumbered by floodway
and floodplain designations for the South Platte River,and the applicant is currently working a plan
to address the FEMA standards and Weld Count Code requirements concerning flood hazards,
bridge hazards, and roadway overtopping of State Highway 52. In response to Chair Long,
Mr. Carroll indicated Condition of Approval#1.P addresses the requirements listed by Mr. Varella,
and he reviewed it for the record.
Mr. Hart stated Ms. Rodgers is concerned about visibility from her property, and the overburden
stockpiles will not be located within her view, which he explained to her over the lunch break. He
clarified the pit floor is approximately 30 feet below grade, which will reduce visual impacts. He
stated Ms. Rodgers has requested a copy of the Mining and Reclamation Plan, which will be
provided to her, and he is willing to give tours of the site to any interested surrounding property
owners. He further stated the applicant is prepared to provide any additional landscaping items
which are deemed necessary to help reduce the visual impact on the site. In response to
Commissioner Masden, Mr. Hart reiterated the stockpiles will not visually impact the surrounding
property owners to the east. He explained a slurry wall will prevent Mr. Sitzman's pond from being
2007-2673
PL1921
HEARING CERTIFICATION - HOLTON FAMILY, LLC, CIO READY MIXED CONCRETE
COMPANY(USR#1608)
PAGE 8
adversely affected, and CDOT does not support pumping water under the Highway to the pond on
Mr. Sitzman's property.
Mr. Hart requested Condition of Approval#1.K, regarding the Surface Use Agreement, be revised
to reflect the language stated in Exhibit L, which he reviewed for the record. He clarified the
applicant has entered into an additional agreement with Kerr-McGee,and the applicant is prepared
to give up the right to come before the Board of County Commissioners at a future date if a Surface
Use Agreement is not finalized with Kerr-McGee. He stated the County will not be involved within
any arbitration proceedings. In response to Commissioner Masden, Mr. Barker stated he has
reviewed the language, and he is in support of the applicant's request.
John Butera, Kerr-McGee representative, confirmed Kerr-McGee has active oil and gas leases
located on the property, and a Dispute Resolution Agreement has been executed between
Kerr-McGee and Ready Mixed Concrete. He requested the language be modified as reflected in
Exhibit L, and stated both parties are making good progress towards a finalized Surface Use
Agreement. Commissioner Jerke stated he prefers the language originally stated within Condition
of Approval #1.K; however, if both parties are in agreement, he concurs with the request. The
Board concurred with the request to modify Condition of Approval #1.K, as reflected in Exhibit L.
Mr. Hart stated Condition of Approval #1.L requires that, prior to recording the plat, an approved
Substitute Water Supply Plan or Augmentation Plan be obtained. He requested the condition be
modified to require the applicant to submit evidence of application, since the process is time
consuming and final approval would delay the recording of the plat. He clarified he understands
the applicant cannot expose groundwater within an approved Substitute Water Supply Plan in
place. Commissioner Jerke suggested the language be modified as a condition to be met prior to
operation, and Mr. Hart concurred with the suggestion. Mr. Barker recommending deleting
Condition of Approval #1.L, and reinstating the language as Condition of Approval #4.D, prior to
the issuance of a Certificate of Occupancy. The Board concurred with the recommendation of
Mr. Barker. Mr. Ogle requested the deletion of Condition of Approval#1.N, since the objection to
the application was withdrawn, and the deletion of Condition of Approval #.1.O, since it is
redundant to Condition of Approval #1.L. The Board concurred with the proposed deletions.
Mr. Ogle further requested the deletion of Conditions of Approval #1.1 and #1.AA, since the
applicant has provided the required evidence, and the deletion of Development Standard #29, as
it was an oversight by staff. The Board concurred with the deletions proposed by Mr. Ogle.
In response to Chair Long, Mr. Hart stated he, and the applicant, have reviewed and concur with
the Conditions of Approval and Development Standards, as modified.
Commissioner Jerke stated he is excited about the project, and he understands the historical
farmground may be experiencing problems with irrigation wells. He stated he believes the
proposed use will be a better use to support agriculture in the future. He commended the
applicants for a thorough application and stated he supports the application.
Commissioner Masden concurred with Commissioner Jerke and stated many property owners have
been experiencing problems with water wells located within the South Platte River basin. He stated
2007-2673
PL1921
HEARING CERTIFICATION - HOLTON FAMILY, LLC, CIO READY MIXED CONCRETE
COMPANY(USR#1608)
PAGE 9
he believes the mining operations are a better use for the property, especially since the mining
operations are a temporary change to the property. He further stated the water storage on the site
will provide much needed augmentation help for surrounding municipalities and agricultural
producers.
Commissioner Garcia commended the applicant for working with the surrounding property owners,
and he understands it is difficult to work through the concerns presented.
Commissioner Rademacher expressed his appreciation to the applicant for the solid presentation,
and he believes the slurry walls are a great idea. He stated additional water storage is always
necessary, and this proposal is a great way to provide additional water storage.
Chair Long stated he hopes the applicant will be able to find common ground with the City of Fort
Lupton, since the proposed use is a mutual benefit for everyone involved.
Commissioner Masden moved to approve the request of Holton Family, LLC, Go Ready Mixed
Concrete Company,for a Site Specific Development Plan and Use by Special Review Permit#1608
for a Mineral Resource Development Facility, including Concrete Batch Plant, Recycled Concrete,
and Gravel Mining 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 the modification of Condition of
Approval #1.K, the replacement of Condition of Approval #1.L to become Condition of
Approval #4.D, and the deletion of Conditions of Approval #1.1, #1.N, #1.O, #1.AA, and
Development Standard #29. The motion was seconded by Commissioner Rademacher, and it
carried unanimously. There being no further discussion, the hearing was completed at 2:30 p.m.
2007-2673
PL1921
HEARING CERTIFICATION - HOLTON FAMILY, LLC, C/O READY MIXED CONCRETE
COMPANY (USR#1608)
PAGE 10
This Certification was approved on the 27th day of August 2007.
APPROVED:
N 4,\ BOARD OF COUNTY COMMISSIONERS
E COUNTY, COLORADO
f�u �41S2.J
ATTEST: 44,,
avid E. Long, Chair
Weld County Clerk to the gap rick y
f: EXCUSED DATE OF APPR• AL
William . Je k em
BY: t�
Dep y Cler the Board
William F. Garcia
TAPE #2007-25 Robert D. Masden
DOCKET#2007-65
c_-Bougla ademac r
2007-2673
PL1921
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1608 - HOLTON FAMILY, LLC, C/O READY MIXED CONCRETE COMPANY
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 07/17/07 and
06/19/07)
D. Clerk to the Board Notice of Hearing (Filed under Legals)
E. Planning Staff E-mail from CDOT, Joe Intermill, dated
08/07/07
F. Applicant Letter re: Revision to Condition, dated
08/09/07
G. Sandra Neb Letter of Concern, dated 08/15/07
H. Kerr-McGee Letter of Concern, dated 08/14/07
Michael Hart E-mail and Letter re: DMG Permit approval
J. Planning Staff Certificate and photo of sign posting
K. Barbara Rogers Letter of Concern, dated 08/21/07
L. Applicant Proposed Alternate Language for Condition
of Approval #1.K
M. Applicant Copy of PowerPoint Presentation
N.
O.
P.
Q.
R.
S.
T.
U.
erg 0
hN
v
�2 ;�� ,
�l Fi° ICJ a , b v�
Q C} , .k, S
C cr: &,, k'(c) %-)
V � U
a >, V `_ 3 a 4 q y,
Ce J CI
k is O \ 0 S ( r)
O a a 2- � ni v
o Q E ` 1 ��z� �C.t C. %r-k:,,\ � j
W O T3V .J v q M V ? !) \ V
W != E E ti vi ? iN - v � k � '
U ' V �a C ` 0 NI W \ 9' cif
a a o • a a < � qb1� � �� �� �a cu A b Q �
w irs
a � a � a N L !ACM ` � 3
Q p o rn CL re Z \ a cr. N1 Ni tt &I (40 Zr o o �, AN
a! oc
4 N . J
F Ed J co n
C
E - .. ` cs
LL R O Q}
W H W A 12 r IL w L eS 2t
CI 1-
w UO d biitie csi ! C 1 �
4 r I ,c, --$
WN. N.1 It WI
� 1 ct< 000 2 NO— S C ta�z WWW NWoi vA �' ) \.,
. .‘t
Q OOO W < o i �
R a
I 0 0 0 OO.. Z \ V
Hello