HomeMy WebLinkAbout20022741.tiff HEARING CERTIFICATION
DOCKET NO. 2002-65a
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1343
FOR WET OPEN PIT MINING AND MATERIALS PROCESSING IN THE
A(AGRICULTURAL) ZONE DISTRICT - OWENS BROTHERS CONCRETE COMPANY
A public hearing was conducted on October 9, 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 - EXCUSED
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 August 16, 2002, and duly published August 21,
2002, in the Tri-Town Farmer and Miner, a public hearing was conducted on September 4, 2002,
to consider the request of Owens Brothers Concrete Company for a Site Specific Development
Plan and Use by Special Review Permit#1343 for Wet Open Pit Mining and Materials Processing
in the A(Agricultural)Zone District. At said hearing the Board deemed it advisable to continue the
matter to October 9, 2002, to allow Owens Brothers Concrete Company adequate time to meet
notification requirements, address the concerns of oil and gas lesses, and execute necessary
agreements. On October 9, 2002, Lee Morrison, Assistant County Attorney, made this a matter
of record.Chair Vaad advised Tug Martin, Banks and Gesso, LLC,that the applicant has the option
of continuing this matter to a date when the full board will be present. However, if they decide to
proceed today, it will require three affirmative votes, or in the case of a tie vote, Commissioner
Masden will listen to the record and make the determining vote. Mr. Martin indicated they would
like to proceed today.
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. Mr.
Gathman gave a brief description of the location of the site and surrounding uses. He stated 20
referral agencies reviewed this proposal and 13 responded favorably or provided comments that
have been incorporated into the Conditions of Approval and Development Standards. He stated
the applicant has relocated the processing plant from the southeast to the northwest portion of the
site to mitigate impacts, and the request for a concrete batch plant was withdrawn. He further
stated the access has been relocated from Weld County Road 28 to Weld County Road 19 to
address safety and traffic concerns. Mr.Gathman stated the applicant has submitted evidence that
satisfies Conditions #2.J, #2.N. #2.O and #2.P, therefore, they can be deleted, and staff also
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HEARING CERTIFICATION - OWENS BROTHERS CONCRETE COMPANY (USR#1343)
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recommends adding a Condition prior to recording the plat which states, "A construction drawing,
detailing the improvements for the access onto Weld County Road 19, including acceleration and
deceleration lanes and a left turn slot, shall be submitted for review and approval by the
Department of Public Works. Evidence of Department of Public Works approval shall be submitted
to the Department of Planning Services."
Drew Scheltinga stated staff recommended the applicant access the site from Highway 66 using
an access agreement to cross the Varra property; however, an agreement could not be reached
with Varra. He stated staff had concerns regarding an access from Weld County Road 28 because
it is a gravel surface, and has poor sight distances. He stated the applicant has acquired an
agreement to cross the Nix property from Weld County Road 19, which is paved, and the access
is located approximately one-half mile south of Highway 66. He stated the traffic report indicates
most of the applicant's market is to the south, and estimates only 25 percent of the traffic will travel
north. He stated they estimate approximately 200 trips will be generated by the operation each
day. He stated the traffic count averages 750 to 1,100 vehicles per day on Weld County Road 19,
and any traffic that does go north to the intersection of Highway 66 will have to use caution
because it is a dangerous intersection. He stated the Conditions of Approval require the applicant
to enter into a road maintenance and improvements agreement,and they have discussed the need
for turning lanes at the access point to the site. Responding to Commissioner Jerke, Mr.
Scheltinga stated the speed limit is 65 miles per hour on Highway 66; however, the sight distance
is only adequate for traffic traveling 55 miles per hour, and any needed improvements will need to
be investigated further by the Colorado Department of Transportation (CDOT). He further
stated 75 percent of the traffic will go south to Weld County Road 24, which turns into
Highway 119, and then go south on I-25. In response to Commissioner Geile, Mr. Scheltinga
stated the traffic study does acknowledge the problems at the intersection of Highway 66 and Weld
County Road 19; however, it did not make recommendations for improvements. He stated it will
be very difficult and expensive to make the necessary improvements, and there are no plans to
improve the intersection at this time. Commissioner Geile commented he receives complaints
regarding large trucks on Weld County Road 26, and he expressed concern with conflicts created
by any trucks which may turn and use Weld County Road 28. Mr. Gathman indicated the location
of the other pit, which is one mile southeast of the proposed mine.
Tug Martin, Banks and Gesso, LLC, represented the applicant and stated they began this process
in 2000, and there was a lot of opposition. He stated the applicant has worked very diligently to
reduce the neighborhood's concerns, as well as address the requirements of various referral
agencies. Mr. Martin stated there are no plans to have trucks traveling between the two mining
operations, and currently 100 percent of their market is to the south, so there will be limited traffic
accessing Highway 66 to the north. He stated they concur with the recommendations of staff and
requested Condition #2.6 be deleted because they will not be constructing a maintenance shop.
Ms. Davis stated a letter would be sufficient to clarify the applicant's intension and satisfy the
Condition. Mr. Martin suggested Condition #2.E may be better as a Development Standard
because it will be difficult to meet as a Condition prior to recording the plat. Ms. Davis requested
the Board keep the language, and stated it allows staff to ensure there is an adequate sewage
disposal system before work begins at the site. Mr. Martin stated the site will not be directly
accessing Highway 66, therefore, he requested Condition #2.L be deleted. Mr. Gathman
concurred.
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HEARING CERTIFICATION - OWENS BROTHERS CONCRETE COMPANY (USR#1343)
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CommissionerJerke commented he is still concerned with the intersection of Weld County Road 19
and Highway 66. Bill Owens,applicant,stated the application indicates 25 percent of the traffic will
go north,which allows flexibility for any outside sale to third parties. He stated they will not be able
to control which direction third-party trucks leave the site; however, he is willing to enforce using
the southern exit on any trucks which he owns, manages, or hires. Responding to Commissioner
Geile, Mr. Martin stated they have not had any discussions with the Town of Firestone.
Bruce Wilson, surrounding property owner, stated he has represented numerous other property
owners who are principally involved with the agricultural operations in the area. He stated they
have withdrawn all objections and support the applicant. He stated the applicant has worked with
them to address their concerns,and he thanked the Planning Commission for urging the applicant
and neighbors to work out their differences,which has led to an agreement regarding any impacts
to groundwater. He stated the intersection of Weld County Road 19 and Highway 66 is a poor
intersection; however,the applicant has shown a good faith effort to control any trucks he can,and
require that they travel south. Commissioner Geile commended Mr. Wilson, the neighborhood
residents, and the applicant for working together throughout this process.
Chris Greneaux, Kerr-McGee Rocky Mountain Corporation,stated Kerr-McGee operates facilities
crossing this site and they do have an agreement with the applicant. He stated they have been
successful in preserving the existing and future drill sites, and he thanked the Board for granting
the additional time necessary to resolve these issues.
Linda Pyeatt, surrounding property owner, stated she owns Mayer Family Farms,which is located
south of the proposed mining operation. She thanked the applicant for installing monitoring wells
and for changing the application from a dry mine to a wet mine. She stated the applicant has
invested a considerable amount of time and expense in ensuring that this operation will be
compatible with the area. There being no further comments, Chair Vaad closed public testimony.
In response to Chair Vaad, Mr. Martin stated he and the applicant have reviewed and agree with
the Conditions of Approval and Development Standards as proposed and modified. To address
the concerns of Commissioner Jerke, Mr. Gathman suggested adding a Development Standard
to state, "All gravel trucks under the management and/or supervision of Owens Brothers Concrete
shall turn south onto Weld County Road 19." Commissioner Jerke moved to approve the addition
of Development Standard #24 as proposed by Mr. Gathman. Commissioner Long seconded the
motion. Mr. Owens requested language be added to allow for access to the north if improvements
are made to the intersection of Highway 66 in the future. Commissioners Jerke and Long
concurred to modify Development Standard #24 to add "until the intersection of Weld County
Road 19 and State Highway 66 is upgraded to an acceptable safety and access standard
(acceleration/deceleration lanes and/or stoplight)." Chair Vaad stated he was initially opposed to
this restriction because the surrounding mining operations are not restricted;however,the applicant
has indicated agreement with the modification,therefore, he supports the motion. There being no
further discussion, the motion carried unanimously. Mr. Martin stated the applicant concurs with
the proposed amendments. As followup to a previous question from Commissioner Geile, Mr.
Gathman stated Town of Firestone was sent a referral but did not respond.
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HEARING CERTIFICATION - OWENS BROTHERS CONCRETE COMPANY (USR#1343)
PAGE 4
Commissioner Jerke moved to approve the request of Owens Brothers Concrete Company for a
Site Specific Development Plan and Use by Special Review Permit#1343 for Wet Open Pit Mining
and Materials Processing 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 #2.J, #2.L,
#2.N, #2.O, #2.P, adding a new Condition #2.L to state, "A construction drawing, detailing the
improvements for the access onto Weld County Road 19, including acceleration and deceleration
lanes and a left turn slot, shall be submitted for review and approval by the Department of Public
Works. Evidence of Department of Public Works approval shall be submitted to the Department
of Planning Services,"inserting a new Development Standard#24 to state, "All gravel trucks under
the management and/or supervision of Owens Brothers Concrete shall turn south onto Weld
County Road 19 until the intersection of Weld County Road 19 and State Highway 66 is upgraded
to an acceptable safety and access standard (acceleration/deceleration lanes and/or stoplight),"
and to renumber or reletter as appropriate. The motion was seconded by Commissioner Long.
He commended all parties involved for working together to create a proposal with adequate
mitigation to address the long-term aspects of this operation. There being no further comments,
the motion carried unanimously. There being no further discussion, the hearing was completed at
11:30 a.m.
This Certification was approved on the 14th day of October 2002.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
gaki /�/1i �1 ��
ATTEST: 'i EXCUSED DATE OF APPROVAL
%,.
r t „i` le aad, Chair
Weld County Clerk to the q =� (��
` David . L Pro-Telv�
BY: Cdr .r1��.w �
Deputy Clerk to the Boar 7u���� � �i�
TAPE #2002-34 and #2002-35
William H. Jerke
DOCKET#2002-65 EXCUSED
Robert D. Masden
2002-2741
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1343 - OWENS BROTHERS CONCRETE COMPANY
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
07/17/2001 and 09/04/2001)
D. Clerk to the Board Notice of Hearing
E. Gary and Debra Sutton Letter of Concern (07/09/2001)
F. Audubon Colorado Letter of Concern (07/20/2001)
G. Applicant Response letter to Ms. Parker (07/25/2001)
H. Ila Leavy Letter of Concern (08/02/2001)
I. Varra Companies, Inc. Letter of Concern (08/24/2001)
J. Applicant Letter re: Status of Condition Compliance
(01/08/2002)
K. Lind, Lawrence, and Ottenhoff, LLP Letter re: Proposed Agreement with
applicant and Mayer Family Farms
(02/01/2002)
L. Cynthia Parker Letter re: Proposed Wetland Augmentation
Plan (04/22/2002)
M. Applicant Letter re: Conditions precedent to hearing
before BOCC (05/28/2002)
N. Applicant Letter re: Updated Application, Revised
Reclamation Plan maps, and Well/Wetland
Impact Study (06/17/2002)
O. Applicant Letter Original of Updated Application Form
(06/24/2002)
P. Applicant Response Letter re: Road Improvements
(07/03/2002)
Q. Applicant Evaluation of Potential Impacts from the
Proposed Nix Property Sand and Gravel
Operation on Shall Groundwater Levels,
Water Wells and Wetlands (04/2002)
R. Applicant Letter re: Draft Resolution and proposed
changes (8/22/2002)
S. Planning Staff Memo re: Additional Conditions
(08/05/2002)
T. Planning Staff Memo re: Additional Condition (09/04/2002)
U. Varra Companies, Inc. Letter re: Coordinating activities
(08/20/2001)
V. Applicant Letter addressing Conditions of Approval
(10/08/2002)
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