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HomeMy WebLinkAbout20060876.tiff HEARING CERTIFICATION DOCKET NO. 2006-24 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1539 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY (GRAVEL MINING) IN THE A(AGRICULTURAL)ZONE DISTRICT-KEITH AND SHIRLEY ASHBAUGH,CIO WELD COUNTY DEPARTMENT OF PUBLIC WORKS A public hearing was conducted on April 12, 2006, at 10:00 a.m., with the following present: Commissioner M. J. Geile, Chair Commissioner David E. Long, Pro-Tem Commissioner William H. Jerke Commissioner Robert D. Masden Commissioner Glenn Vaad - EXCUSED Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Lee Morrison Planning Department representative, Sheri Lockman Health Department representative, Char Davis Public Works representative, Donald Carroll The following business was transacted: I hereby certify that pursuant to a notice dated March 24,2006,and duly published March 29,2006, in the Fort Lupton Press, a public hearing was conducted to consider the request of Keith and Shirley Ashbaugh, do the Weld County Department of Public Works, for a Site Specific Development Plan and Use by Special Review Permit#1539 fora Mineral Resource Development Facility(gravel mining)in the A(Agricultural)Zone District. Bruce Barker, County Attorney, made this a matter of record. Chair Geile advised Keith Ashbaugh, 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 in the case of a tie vote,Commissioner Vaad will listen to the record and make the determining vote. Mr. Ashbaugh indicated he would like to proceed today. Sheri Lockman, 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 and surrounding land uses. She stated the site is currently leased to Weld County, and the minerals will be used to upgrade Weld County roads. She stated eleven referral agencies reviewed the proposal, nine responded with comments that have been addressed in the Conditions of Approval and Development Standards, and staff has received no correspondence from surrounding property owners. Char Davis,Department of Public Health and Environment,stated the applicant will be required to provide bottled water and portable toilets for the employees. 2006-0876 PL jt t±z PL1832 00 HEARING CERTIFICATION - KEITH AND SHIRLEY ASHBAUGH, C/O WELD COUNTY DEPARTMENT OF PUBLIC WORKS (USR#1539) PAGE 2 Donald Carroll, Department of Public Works, stated the site is accessed from Weld County Road 115, north of Weld County Road 80. He explained this will be a County-maintained and mined gravel pit. Jeff Jerome, Department of Public Works, represented the applicant and stated this request is for a ten-acre mining site. He explained the top soil will be removed and stockpiled for future reclamation,and the aggregate will be mined,crushed,and stockpiled for road maintenance within a 40-mile radius. He stated the closest County facilities are the Fiscus Pit located on Weld County Road 21 and the Pierce Pit. He further stated the subject site has potential for future expansion depending on the quality of rock that is extracted; however, that would require an upgrade of the permit to a 112 operation. Responding to Chair Geile, Mr. Jerome stated the site will operate with a maximum of 20 trucks,and a typical convoy will consist of 15 trucks, hauling two loads of gravel to surface one mile of road. In response to Commissioner Long, Mr.Jerome stated the Peters Pit, located approximately 15 miles north,is almost mined out. He stated the material that is stockpiled this year will be depleted in two to three years,at which time they will commence with reclamation. In response to Mr.Ashbaugh, Mr.Jerome stated the County could commence with mining as early as the end of May 2006. No public testimony was offered concerning this matter. Ms. Lockman stated the application materials indicate the site will generate three to ten truck trips per day; however, Mr. Jerome's testimony indicates there may be up to 15 or 20 trucks operating from the site. She requested the Board address the number of trucks in its motion. Following discussion, Mr. Jerome clarified the facility will operate with a maximum of 20 trucks,which may make numerous trips to the site on any given working day. For Clerk's clarification, Ms. Gesick questioned whether the change is simply being referenced for the record or if there is a specific Condition of Approval or Development Standard that needs to be added or modified. Mr. Barker proposed language and the Board indicated agreement with adding Development Standard#44 to state, "The number of trucks that will be used at the facility on a daily basis shall not exceed 20, regardless of the number of trips to and from the facility on a daily basis." Commissioner Long moved to approve the request of Keith and Shirley Ashbaugh, c/o the Weld County Department of Public Works, for a Site Specific Development Plan and Use by Special Review Permit #1539 for a Mineral Resource Development Facility (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 adding Development Standard#44 to state,"The number of trucks that will be used at the facility on a daily basis shall not exceed 20, regardless of the number of trips to and from the facility on a daily basis." The motion was seconded by Commissioner Jerke, and it carried unanimously. There being no further discussion,the hearing was completed at 10:20 a.m. 2006-0876 PL1832 HEARING CERTIFICATION - KEITH AND SHIRLEY ASHBAUGH, C/O WELD COUNTY DEPARTMENT OF PUBLIC WORKS (USR#1539) PAGE 3 This Certification was approved on the 17th day of April 2006. APPROVED: BOARD OF COUNTY COMMISSIONERS WELD C NTY, COLORADO ATTEST: /7 ` M . Geile, Chair Weld CountyClerto t Simi I �; David E. Long, Pro-Tem B Deputy Cler'��� J./N ; Wi . Jerke ,f m N\TAPE #2006-16 Robert D. Mas en DOCKET#2006-24 EXCUSED Glenn Vaad 2006-0876 PL1832 EXHIBIT INVENTORY CONTROL SHEET Case USR#1539 - KEITH AND SHIRLEY ASHBAUGH 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 01/03/2006 and 02/07/2006) D. Clerk to the Board Notice of Hearing E. Public Works Staff E-mail re: Items prior to scheduling, dated 03/06/2006 F. 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