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Home My WebLink About20060827.tiff HEARING CERTIFICATION DOCKET NO. 2006-14 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1529 FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, INCLUDING OPEN PIT MINING AND MATERIALS PROCESSING (CONCRETE BATCH PLANT) IN THE A (AGRICULTURAL) ZONE DISTRICT - HAROLD AND LAVERNA NELSON, CIO ASPHALT SPECIALTIES COMPANY, INC. A public hearing was conducted on March 1, 2006, at 10:00 a.m., with the following present: Commissioner M. J. Geile, Chair Commissioner David E. Long, Pro-Tem - EXCUSED Commissioner William H. Jerke Commissioner Robed D. Masden Commissioner Glenn Vaad - EXCUSED Also present: Acting Clerk to the Board, Esther Gesick County Attorney, Bruce Barker Planning Department representative, Kim Ogle Health Department representative, Char Davis Public Works representative, Donald Carroll The following business was transacted: I hereby certify that pursuant to a notice dated February 10,2006,and duly published February 15, 2006, in the Fort Lupton Press, a public hearing was conducted to consider the request of Harold and LaVerna Nelson,c/o Asphalt Specialties Company, Inc.,for a Site Specific Development Plan and Use by Special Review Permit#1529 for Mineral Resource Development Facilities, including Open Pit Mining and Materials Processing(concrete batch plant)in theA(Agricultural)Zone District. Bruce Barker, County Attorney, made this a matter of record. Chair Geile advised the applicant's representative, Rob Laird, 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 be deemed denied. Mr. Laird indicated he would like to proceed today. Kim Ogle, 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. He stated the site is within the three-mile referral area for the Towns of Mead, Frederick,and Firestone; however,the Towns of Mead and Frederick indicated no conflict with their interests, and Firestone did not respond. Mr. Ogle stated the site is accessed from Weld County Road 26, which has been upgraded to accommodate two existing gravel operations. He stated the proposal is fora dry mining operation, which is anticipated to last twelve years and be reclaimed for water storage. He further stated 21 referral agencies reviewed the proposal, 12 provided comments that have been addressed in the Conditions of Approval and Development Standards, and staff has not received correspondence from surrounding property owners. Mr. Ogle stated the applicant has completed some of the requirements,therefore, Conditions of Approval#1.B,#1.C,#1.D,#1.E,#1.G,#1.J,and#2.F can 2006-0827 PL1825 42 , PG %l) ffz- O3 HEARING CERTIFICATION-HAROLD AND LAVERNA NELSON,C/O ASPHALT SPECIALTIES COMPANY, INC. (USR#1529) PAGE 2 be deleted. In response to Commissioners Masden and Jerke, Mr.Ogle stated the site is 73 acres, Weld County Road 26 is paved, and the site is located between Weld County Roads 13 and 15. Responding to Chair Geile,Mr.Ogle stated the applicant has satisfied the concerns of Kerr-McGee Rocky Mountain Corporation, and the site will be mined in phases over a period of twelve years. Char Davis, Department of Public Health and Environment, stated the site will be serviced by the Central Weld County Water District and an engineered septic system for the scale house and office building. In response to Chair Geile, Ms. Davis stated the water and sewer requirements are addressed under Conditions of Approval #2.B and #2.C. Donald Carroll, Department of Public Works,stated the site is located on Weld County Road 26 at Weld County Road 15. He stated the applicant has entered into a Long-Term Road Improvements Agreement with the other gravel haulers in the area,and he indicated their locations. He stated the haul route for the subject site will be on Weld County Road 26 to Weld County Road 13, with 90 percent of the traffic going south and ten percent going north. He further stated the facility will generate approximately 56 round trips per day,there will be three mining cells,and the applicant will be required to place additional paving fora tracking pad into the facility. Mr. Carroll stated the Traffic Study indicated the intersection of Weld County Roads 13 and 26 operates at an acceptable level of service,and the applicant has signed an Improvements Agreement,which will be brought to the Board for future approval if this application is approved. Mr. Laird stated this location has a good mineral deposit, there are other gravel operations in the area, and the applicant concurs with the Conditions of Approval and Development Standards as proposed and modified. In response to Commissioner Masden, Mr. Laird stated this will be a dry mining facility with a clay liner, there will be augmentation during the mining process, and the final use will be water storage. He further stated there is not a designated user for the reclaimed site at this time; however, this may be an ideal site for the St. Vrain Sanitation District, which is located immediately to the west. No public testimony was offered concerning this matter. Commissioner Masden moved to approve the request of Harold and LaVerna Nelson,c/o Asphalt Specialties Company, Inc., for a Site Specific Development Plan and Use by Special Review Permit#1529 for Mineral Resource Development Facilities,including Open Pit Mining and Materials Processing (concrete batch plant) 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 also included deleting Conditions of Approval#1.B,#1.C,#1.D,#1.E,#1.G,#1.J,and#2.F. The motion was seconded by Commissioner Jerke, and it carried unanimously. There being no further discussion, the hearing was completed at 10:30 a.m. 2006-0827 PL1825 HEARING CERTIFICATION-HAROLD AND LAVERNA NELSON,C/O ASPHALT SPECIALTIES COMPANY, INC. (USR #1529) PAGE 3 This Certification was approved on the 8thday of March 2006. APPROVED: a\ BOARD OF OUNTY COMMISSIONERS I ..1. �` WELD CO TY, COLORADO 1861 r+` , ATTEST: °ai `,it {rn , M. J. Geile, Chair Weld County Clerk to the -.01 ' LagoaEXCUSED David E. Long, Pro-Tem BY: Deputy Clerk to the Board 6t.nr William H. Jerkelu4 TAPE #2006-08 EXCUSED DATE OF APF OVAL Robert D. Masden DOCKET #2006-14 EXCUSED Glenn Vaad 2006-0827 PL1825 EXHIBIT INVENTORY CONTROL SHEET Case USR #1529 - HAROLD AND LAVERNA NELSON, CIO ASPHALT SPECIALTIES COMPANY, 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 10/18/2005) D. Clerk to the Board Notice of Hearing E. Kerr-McGee Rocky Mountain Corp. Letter re: Pending Agreement to be finalized, dated 02/16/2006 F. Planning Staff Certification and Photo of sign posting G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. d— rib c\ Z f S t.3 © � � a C \I s� .. 0 V J 0 O �., w U J O a re w U co N ,( w ai cc Co Q m 11 � O o 2 co vi Q ayi 0 *Ns. ` \� z 0o Q Q 0 a 2.67 b Z LL O m co 9 w O m 2 ` z' } w E w t 1\ � I- Q z c w 3 Q o Q o O � � s 0 J Z Z c 0 M \ rt k Q d' N 2 2ceQ E Q `'- � � QN J a Z LL w 0 6.3 } co• Lao < i. > wo E. J J O 0 Q 2 O' v v O Q: U 2 - 3 N ' . . Q M N Tr 3 X �S trILI f0 t0 f0 T \,- �. 0 O O ,n `�-t1_ Q 0 0 0 y ci Z W W W 0 w I SN Q 'Seri l\ 2 Y Y Y c �v w 0 0 0 -J Z g C4 2 0 0 0 2 Hello