HomeMy WebLinkAbout20021247.tiff HEARING CERTIFICATION
DOCKET NO. 2002-38
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1373
FOR A CONCRETE BATCH PLANT IN THE A (AGRICULTURAL) ZONE DISTRICT -
ROBERT AND SHARON BAUMGARTNER, CIO ROCKY MOUNTAIN READY MIX
CONCRETE, INC.
A public hearing was conducted on June 5, 2002, at 10:00 a.m., with the following present:
Commissioner Glenn Vaad, Chair
Commissioner David D. Long, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Robert D. Masden
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Chris Gathman
Health Department representative, Char Davis
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated May 17, 2002, and duly published May 22, 2002,
in the Tri-Town Farmer and Miner and the Greeley Tribune, a public hearing was conducted to
consider the request of property owners, Robert and Sharon Baumgartner, do lessee Rocky
Mountain Ready Mix Concrete, Inc., for a Site Specific Development Plan and Use by Special
Review Permit#1373 for a Concrete Batch Plant in the A(Agricultural)Zone District. Lee Morrison,
Assistant County Attorney, made this a matter of record. Chris Gathman, 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 gave a brief description of the location
of the site and surrounding uses, and stated 13 referral agencies reviewed this proposal, with ten
responded in favor or with comments that have been included in the Conditions of Approval and
Development Standards. He stated Pete and Cindy Baurer submitted a letter, marked Exhibit 26,
expressing concern with the potential for shooting or hunting on the property, and the stockpiling
of waste material along the east bank of the South Platte River to increase the usable land area.
Mr. Gathman stated it appears the target shooting was done by trespassers, and the gravel
operation to the south does have a permit from the Corp of Engineers to do some filling at that site.
He stated the applicants currently operate an existing batch plant directly east of the subject site,
and intend to continue using the maintenance facility, park concrete trucks there, and
decommission and store the existing batch plant facility on the site as well. He further stated the
Department of Planning Services is requesting a Site Plan Review for the existing site to ensure
conformance with current Weld County regulations. He explained the Planning Commission
recommends this not be required, but staff maintains this is a standard requirement because there
will be a change in use. Mr. Gathman stated the applicant has stated they would be willing to
remove the old batch plant facility from the existing site and store it elsewhere, if necessary. They
will be bringing in a new batch plant facility to the proposed Use by Special Review (USR) site,
2002-1247
OC 1 PL //L. CEO I PL1606
HEARING CERTIFICATION - ROBERT AND SHARON BAUMGARTNER, C/O ROCKY
MOUNTAIN READY MIX CONCRETE, INC. (USR #1373)
PAGE 2
which is approximately eight feet lower than the existing site and will provide better screening from
Highway 85. He stated the site is approximately 3.5 acres, which will be leased from Robert and
Sharon Baumgartner. They will access the site with a nonexclusive and perpetual access
easement across the property immediately to the east which the applicant leases from Guadalupe
and Rose Chavez. He stated they have historically accessed the existing batch plant from the east
through an existing 50-foot access easement. He further stated there is an existing truck washout
facility located on the property line between the Baumgartner and Chavez properties, and the
applicant has indicated they will relocate the structure to be entirely on the USR property to
eliminate any access issues. Mr. Gathman stated a portion of the site is within the 100-Year Flood
Plain, and the applicant has submitted and received approval of a Flood Hazard Development
Permit for any structures within the flood plain. He stated there will be no change in the amount
of traffic generated by this operation, and Development Standard#4 addresses total truck trips for
this operation. Mr. Gathman referred to a letter from the applicant,dated May 29,2002,addressing
several Conditions of Approval and he recommends Conditions #2.A.1, and Conditions #2.A.3
through Condition#2.A.6 be deleted. He requested Conditions#2.G, 2.H, 2.J be deleted because
they have been addressed,and that a new Condition#2.G be added requiring the applicant submit
an application for a Site Plan Review.
In response to Commissioners Jerke and Geile, Mr. Carroll indicated the current access,and stated
the Highway 85 Access Management Plan proposes this current access eventually be closed. Mr.
Carroll stated the Colorado Department of Transportation (CDOT) has indicated there are no
warrants to do upgrades to the intersection of Weld County Road 4 and Highway 85 at this time,
but if traffic increases more than 25 percent from this site, improvements may be required. He
confirmed the application indicates this proposal will not increase traffic and they will work with
CDOT in the future for improvements along Highway 85.
Ronald Coburn, President of Rocky Mountain Ready Mix, stated he has reviewed and agrees with
the Conditions of Approval and Development Standards, as well as the recommended changes.
He stated he does not agree with staff's recommendation to require a Site Plan Review. He stated
this business was started in 1971 and is zoned industrial. He stated they have been operating for
21 years with existing improvements. He stated they are not expanding the operation,just moving
it west and decommissioning the old plant. He stated they will continue to park trucks on the old
site and use the existing maintenance facility. He stated requiring a Site Plan Review for a
business that has been operating for 21 years and is proposing to decrease some of the
operational uses, is an unnecessary burden to invest additional time and money into this process.
Mr. Coburn further stated the Planning Commission agreed with his position and removed that
requirement from its Resolution of Recommendation. In response to Commissioner Jerke, Mr.
Coburn stated they will continue to use the maintenance facility and truck parking area,and he has
no intent of selling this portion of the site because they still need to use the structures there. In
response to Commissioner Geile, Mr. Coburn stated there is currently no screening along Highway
85. He stated the new site is located eight feet below the grade of Highway 85, and the existing
buildings will provide screening to the new operations. He stated they intend to do some
zeroscaping and berms, with a concrete median and ash trees on the north. He stated there is a
natural line of trees along the western property boundary.
2002-1247
PL1606
HEARING CERTIFICATION - ROBERT AND SHARON BAUMGARTNER, C/O ROCKY
MOUNTAIN READY MIX CONCRETE, INC. (USR #1373)
PAGE 3
No public testimony was offered concerning this matter. Responding to Chair Vaad, Mr. Gathman
stated because the site is located along Highway 85 there were concerns with screening. He
stated staff was requesting a Site Plan Review in accordance with Section 23-2-150.C of the Weld
County Code,which he read for the record. He also referred to Section 23-2-150.E which indicates
a Site Plan Review shall not be required for normal repairs to, and maintenance of, existing
buildings or structures, alterations which do not affect more than 25 percent of the exterior
dimensions of an existing building or structure, unless alterations are made to change the use or
type of occupancy. Mr. Gathman stated based on the applicant's testimony and the verbiage under
Section 23-2-150.E, he has changed his opinion and does not feel the applicant needs to submit
a Site Plan Review application. Mr. Morrison stated typically a change in use would trigger the
need for a Site Plan Review, regardless of whether the size of the building is changed. He stated
the Planning Commission concluded there will not be a change in use, but rather a scaling back
of the same use, which Mr. Gathman has also indicated agreement with. Commissioner Jerke
commented the Memorandum submitted by staff, marked Exhibit I, requests the addition of a
Condition requiring a Site Plan Review,so if the Board approves this proposal,the motion will need
to clarify which of the modifications proposed by staff are being agreed to. The Board concurred
it will not require a Site Plan Review. In response to Chair Vaad, Mr. Coburn stated he has
reviewed and agrees with the Conditions of Approval and Development Standards, with the
modifications as proposed by staff, with the elimination of the requirement for a Site Plan Review.
Commissioner Geile moved to approve the request of property owners, Robert and Sharon
Baumgartner, do lessee Rocky Mountain Ready Mix Concrete, Inc., for a Site Specific
Development Plan and Use by Special Review Permit #1373 for a 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 changes noted in Exhibit I, with the elimination of the request for
a Site Plan Review. The motion was seconded by Commissioner Long,and it carried unanimously.
There being no further discussion, the hearing was completed at 11:35 a.m.
2002-1247
PL1606
HEARING CERTIFICATION - ROBERT AND SHARON BAUMGARTNER, C/O ROCKY
MOUNTAIN READY MIX CONCRETE, INC. (USR#1373)
PAGE 4
This Certification was approved on the 10th day of June 2002.
APPROVED:
BOARD OF COUN COMMISSIONERS
WEL COUNTY LO DO
day1 1" -,
,,,`ic?) Glen aad, Chair
Weld County Clerk to the l.ar. C c.LLQ� p ♦ ►av'd . Lon co-Tem BY: Deputy Clerk to the Boa:a %v% M. J. Geile
TAPE #2002-19 --(7/A...�
H.�lerke
DOCKET#2002-38 (��`\\(,'nU�---
Robert D. Masden
2002-1247
PL1606
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1373 - ROBERT AND SHARON BAUMGARTNER/ ROCKY MOUNTAIN
READY MIX CONCRETE, INC.
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 03/19/2002)
D. Clerk to the Board Notice of Hearing
E. City of Brighton Referral response (03/22/2002)
F. Applicant Letter re: Items prior to scheduling BOCC
(04/17/2002) and Attachments
G. Planning Staff Photo of sign posted on site
H. Applicant Letter addressing various Conditions of
Approval (05/29/2002)
Planning Staff Memo re: Proposed changes to Conditions
of Approval (06/04/2002)
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