HomeMy WebLinkAbout20021114.tiff HEARING CERTIFICATION
DOCKET NO. 2002-26a
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1360
FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING A CONCRETE
BATCH PLANT, IN THE A (AGRICULTURAL) ZONE DISTRICT - WESTERN MOBILE,
INC.
A public hearing was conducted on April 24, 2002, at 9:00 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, Carol A. Harding
Assistant County Attorney, Lee Morrison
Planning Department representative, Sheri Lockman
Health Department representative, Char Davis
Public Works representative, Drew Scheltinga
The following business was transacted:
I hereby certify that pursuant to a notice dated March 29, 2002, and duly published April 3, 2002,
in the Tri-Town Farmer and Miner and the Greeley Tribune, a public hearing was conducted to
consider the request of Western Mobile, Inc., for a Site Specific Development Plan and Use by
Special Review Permit#1360 for a Mineral Resource Development Facility, including a Concrete
Batch Plant, in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made
this a matter of record and stated this hearing was adjourned on April 17, 2002, because of a split
vote, resulting in the necessity for Commissioner Jerke to review the record and listen to the tapes
of the hearing in order to cast his vote. Mr. Morrison stated discussion of the case should not
occur, and if the motion should fail, a second motion would then be appropriate.
Commissioner Jerke voted against the motion, and stated the public good would be forwarded
dramatically if the stop light were to be installed, therefore, discussion should be about how to get
it in, which is entirely the issue to him. Chair Vaad stated the operation causes an exacerbation
of the traffic and safety problems, with traffic crossing Weld County Road 7; however, moving the
operation to one side would mitigate those safety concerns. Commissioner Masden stated he
concurs with the statements made by the Chair, and the permit for the plant has already been
granted on the north side of Highway 119, which would create more of a safety hazard to have
traffic traveling back and forth across Highway 119. Commissioner Geile stated his concern is how
repayment would occur,and who would reimburse Lafarge if they did, in fact, install the signal light.
His second concern is this project is scheduled for a life of 15 years, even though the property is
already mined out, and an industrial structure in a major corridor of the MUD will cause some
issues. Commissioner Geile further stated that he would rather see the plant remain north of
Highway 119, rather than have the cluttering of an industrial site which would impede development
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of Highway 119 to the south. He said his main problem is with what will happen south of
Highway 119, and he stated the light will have to be installed in any case, at some point in the
future, since it already meets warrants. Commissioner Long stated his concern revolves around
the light issue, and he would be more comfortable if it were more exact. He also stated some of
the testimony indicated the past intention for the portion of the Use by Special Review Permit
(USR) north of Highway 119 was to use material already on site, as opposed to hauling material
in.
Responding to Commissioner Jerke, Drew Scheltinga, Department of Public Works, stated the
approximate cost,according to estimates from the Colorado Department of Transportation(CDOT),
is$330,000, and he indicated no calculation of Lafarge's percentage has been made, although he
would compare traffic leaving the facility to the background traffic and determine percentage. Mr.
Scheltinga stated his past experience indicates it would be in the 15 to 20 percent range, as
opposed to 95 percent. Responding to Commissioner Jerke, Mr. Scheltinga stated CDOT clearly
indicated there was no money programed for this light whatsoever, even though it meets warrants,
and that they have a long list of other sites with more severe problems; therefore, this location is
far from the top of their list. Mr. Scheltinga reiterated there is no money presently budgeted or any
plan for CDOT participation in the foreseeable future. Responding to Commissioner Long, Mr.
Scheltinga stated it has not been determined who would reimburse Lafarge for their costs. Mr.
Morrison stated it would probably be whoever comes in for approval in the area, who would be
adding to the traffic, although the problem is there is no clear project immediately looming, and
traffic has already been generated by other operators in area in existence for years with no
agreement for sharing of costs. Mr. Morrison said, short of a Local Improvement District, it would
be difficult to have other participation levied; however,the six-month payback requested by Lafarge
could not be met. Mr. Morrison stated one possibility would be to establish a fund which would
assess a proportion against Lafarge and also, over time,would assess additional users in the area
to accumulate funds. He pointed out that getting 100 percent would be difficult, because there is
substantial background to indicate general traffic also contributes to the cost.
Chair Vaad stated he would like to hear more from the applicant's representative and, upon hearing
no objection, he called Mike Hart, Western Mobile representative, to the stand. Mr. Hart stated the
proposal submitted was in response to a staff request, and the key for the company is to have
some mechanism in place so the company does not bear the full cost. He stated a Condition of
Approval requires a Maintenance Agreement which would include a prorated share of the cost of
the installation of the signal light. He reiterated the goal of the company is to get a signal in and
that the company does not bear the full cost,although the company is willing to commit to$100,000
to fund the signal for that intersection. Mr. Hart stated the six-month period is flexible, and he is
hoping to sit down and see if some mechanism could be agreed upon for funding of the other two-
thirds of the project. He stated there is other development going on that will also benefit from this.
Chair Vaad clarified with Mr. Hart that the company is willing to pay the up front costs for installing
the signal light, and would participate up to $100,000 with the balance recouped in some fashion.
CommissionerJerke stated it would be difficult to accomplish and questioned whether the company
would be willing to invest $100,000 into a County fund which would pay to install the light when
enough money was present. Mr. Hart stated the intersection already meets warrants, and the
reason for the company recommendation is to get it in sooner because of safety issues. Chair
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Vaad stated his memory of CDOT operations is that, once an intersection meets warrant it does
not come off the list until it is installed. He also stated that, if the County had participation to reduce
the cost to CDOT, it would move up the list quickly because of the one-third participation by
Lafarge. In the meantime, he stated, the County would continue to get participation to further
reduce CDOT participation.
Commissioner Jerke stated this needs to be a partnership, with staff directed to work on the
agreement with the applicant. He further stated that in the meantime, the company could begin
the installation as soon as possible, with the burden being on the County to seek funding.
Commissioner Geile stated he is not satisfied as to when the light might be in, and, until it is in, it
does not matter where the plant is located. Mr. Hart stated there was a lot of discussion regarding
this before the Planning Commission, after which the applicant pursued all possibilities. He noted
CDOT has signalization of Weld County road 7.5 on its list; however, that intersection would not
be necessary if Road 7 were signaled instead and also indicated it would have to be designed to
CDOT's specifications before installation.
Commissioner Geile stated in his past experience this application would never be filed until these
types of issues were thought out and resolved. Mr. Geile stated the problem is how to deal with
the health and safety of 700 plus vehicles on Road 7 and 1,000 on Highway 119. Mr. Hart stated
he perhaps should have anticipated these problems,although he did not,therefore,he is now trying
to deal with them. Responding to Commissioner Geile, Mr. Hart reiterated the proposal before the
County is to finance construction of the signal provided there is a mechanism by which the
company is reimbursed for a portion of the cost. Of that cost, they are willing to commit to
$100,000, provided there is a mechanism in place to reimburse the company for $200,000. He
further stated if the signal is not installed, the company is committed to the other road
improvements already identified, although they are hoping to avoid those costs if the signal is
installed.
Chair Vaad suggested amending Condition of Approval#2.C.3,which would state, "The applicant
will finance the full cost of signalizing the intersection of Weld County Road 7 and State
Highway 119 and that further, the applicant shall be reimbursed for the cost over a period of time
to be agreed upon, less$100,000." Responding to Mr. Hart, Chair Vaad stated it would be based
on good faith negotiations which the Board will also demand of staff, as well as other players,
including CDOT and new applications coming in, maybe even voluntary participation by existing
uses in the area because of the benefit. Mr. Morrison stated, in addition, the proposed Condition
is placed in the language regarding the agreement, which has to come back to this Board for
further action. Therefore, if staff and the applicant cannot reach a final agreement, there is a
mechanism that those issues may come back to this Board for further discussion,therefore,there
is an opportunity for the applicant to appeal to this Board if there is an impasse. Responding to Mr.
Hart, Mr. Morrison stated if the applicant is not able to reach an agreement with the County, it is
unclear right now what would happen upon an impasse with the Board. However, Chair Vaad
stated the applicant had requested some of the Conditions be left even with the light installed. Mr.
Hart stated Condition of Approval#2.C.5 will be completed whether or not the light is installed, and
requested permission to proceed with finalizing the plat and doing improvements while discussion
on the light is ongoing. Chair Vaad stated the time of payback is the only negotiation point, and
some of the Conditions go away, based on the design. He reiterated the only issue is how soon
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Western Mobile will be paid back for the balance of the project. Chair Vaad stated it is not his
intent to open the batch plant without the signal, and he indicated he understood the intent of the
applicant was to install the light prior to operations. Mr. Hart indicated the applicant would like to
operate before the signal is installed, and he needs clarification as to whether or not the plant can
operate prior to installation of the signal light. Chair Vaad stated they could start, and if
negotiations come to standstill it goes both ways, since staff could also bring it back to the Board.
Mr. Morrison clarified that the language is placed in the section prior to recording the plat,therefore,
the applicant could not operate until the Improvements Agreement is completed. In that manner,
everyone knows their obligations. Chair Vaad stated it should stay as a Condition prior to recording
the plat, thereby requiring the agreement be signed before the company could proceed. Mr. Hart
agreed.
Chair Vaad then restated the position of the Board, to replace #2.C.3 with the language given
above, at the full cost of the applicant, to be reimbursed over an, as yet, unspecified period of time
which will be agreed upon, less $100,000. Mr. Hart clarified it was determined it would be prior to
recording the plat. Commissioner Geile stated the applicant could start construction prior to the
installation of the signal, after the agreement is approved, since that is part of the Improvements
Agreement.
Commissioner Jerke moved to amend Condition#2.C.3 as restated by Chair Vaad. Commissioner
Masden seconded the motion, which carried unanimously. Chair Vaad stated there are other
modifications, which are to delete any reference to the word "asphalt" in the case, and add to
Condition of Approval#2.C.4 the words,"If the signalization referred to in#2.C.3 does not occur..."
Commissioner Jerke moved to approve the request of Western Mobile, Inc., for a Site Specific
Development Plan and Use by Special Review Permit#1360 for a Mineral Resource Development
Facility, including a Concrete Batch Plant, in the A (Agricultural) Zone District, based upon the
recommendation of the Planning Commission, with the Conditions of Approval and Development
Standards as modified above. Commissioner Masden seconded the motion. Commissioner Geile
stated the changes resolve a lot of his concerns; and the Conditions of Approval deal with
landscaping and the manner in which drivers and equipment operators handle vehicles to ensure
the health, safety and welfare of the public. He stated the 15-year period still is a significant
impact. Commissioner Long commended the process, and stated he is more comfortable with this
request as modified, therefore, he will be supporting the motion. Chair Vaad stated for the record
the applicant did want to make further comment; however, a motion is on the floor, and he
reiterated his confidence in staff and their ability to work with the applicant. On a roll call vote, the
motion carried unanimously.
There being no further discussion, the hearing was completed.
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HEARING CERTIFICATION - WESTERN MOBILE, INC. (USR#1360)
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This Certification was approved on the 29th day of April 2002.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
I/ WELQ COUNTY, sOLORc0
ATTEST: ,� �� c 13/4.-n-di
` ' e a Glen ad, Chair
Weld County Clerk to t l B.:
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lc.; David E. Lo •, Pro-Tern
BY: '.- J, . •
Deputy Clerk to the =
M. J. ceile
TAPE #2002-14 SL,--; V ,-.v
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DOCKET#2002-26a
Robert D. Masden
2002-1114
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