HomeMy WebLinkAbout20020946.tiff HEARING CERTIFICATION
DOCKET NO. 2002-28
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1367
FOR OPEN PIT MINING AND MATERIALS PROCESSING(EXTRACTION OF SAND AND
SOIL)A USE BY RIGHT IN THE 1-3 (INDUSTRIAL)ZONE DISTRICT(MANUFACTURING
OF SOIL PRODUCTS) IN THE A (AGRICULTURAL) ZONE DISTRICT - ROBERT
OMAN/SELECT MATERIALS
A public hearing was conducted on April 17, 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 - EXCUSED
Commissioner Robert D. Masden
Also present:
Acting Clerk to the Board, Carol A. Harding
Assistant County Attorney, Lee Morrison
Planning Department representative, Chris Gathman
Health Department representative, Char Davis
Health Department representative, Cindi Etcheverry
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 Robert Oman/Select Materials for a Site Specific Development Plan and
Use by Special Review Permit#1367 for Open Pit Mining and Materials Processing (extraction of
sand and soil) a Use by Right in the 1-3 (Industrial) Zone District (manufacturing of soil products)
in the A (Agricultural)Zone District. Lee Morrison, Assistant County Attorney, made this a matter
of record. Chair Vaad informed the applicant representative,Todd Hodges,of his options with only
four Commissioners present; however, he opted to proceed at this time. 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
stated there is an existing Special Use Permit for open pit mining and materials processing,
approved under Use by Special Review Permit#460,and amended Use by Special Review Permit
#460. The current permit application is to correct an existing zoning violation VI #0100041, and
if approved,this property would be brought into compliance. Mr. Gathman stated the location and
surrounding land uses,and stated 14 referral agencies reviewed this request,with eight responding
favorably or included conditions which have been addressed through the Development Standard
and Conditions of Approval. Mr. Gathman stated the applicant is proposing to access directly onto
Weld County Road 12,closing the existing access which crosses an adjacent property,and placing
a drilling window for future oil and gas operations on the plat. Mr. Gathman stated there is a Court
decision regarding use of the right-of-way and a five-foot strip of land on the north side of the right-
of-way in Mr. Oman's favor; however, the case is being appealed. Currently, Mr. Oman has the
right to access his property off of Weld County Road 12 right-of-way. The applicant currently uses
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an access which crosses a neighboring property owned by Chuck Busha; however, there are no
indications on the USR #460 plats which indicate access. Mr. Gathman stated the Planning
Commission has proposed a Condition that the applicant obtain an agreement with Mr. Busha
providing for the use of the existing access if access is denied through future Court proceedings,
and indicated Exhibit J meets this Condition. Mr. Gathman stated a complaint was submitted to
the Department of Public Health and Environment regarding the storage of unknown liquids on the
property, the storage of raw manure on the property, dirt and sand blowing from the property, and
oil and gas tanks not properly bermed on the property. He stated Exhibit F, a memorandum from
Cindi Etcheverry, Department of Public Health and Environment,details the complaint and findings.
Mr. Gathman further stated Exhibit I, a memorandum from Char Davis and Cindi Etcheverry,
indicates an additional Condition of Approval and two additional Development Standards should
this request be approved. Mr. Gathman stated a petition was received from surrounding property
owners in opposition to this proposal with 37 signatures, of which 35 are residents of the Buffalo
Ridge Subdivision. The reasons for opposition are increased truck traffic on area roads causing
an accelerated deterioration of the area roads and increasing the possibility for accidents, as well
as an increase in dust, flies, and noise pollution. He stated the petitioners are requesting
improvements at the intersection of Weld County Roads 12 and 35 to provide increased safety,and
the Department of Public Works has requested a Condition requiring a short-term Improvements
Agreement for the upgrade and paving of one-quarter mile of Weld County Road 12 east of the
intersection with Weld County Road 35, to the scale house and office area. The Department of
Public Works is also asking for a long-term Road Maintenance and Improvements Agreement for
the designated haul route for this facility, which would be from the entrance of the facility to Weld
County Road 35, then north to State Highway 52. Mr. Gathman stated Development Standards
proposed by the Department of Public Health and Environment require fugitive dust to be controlled
on site, and requires the facility to adhere to the maximum possible noise levels allowed as
delineated by the Colorado Revised Statutes. Additionally, the applicant is proposing to increase
truck trips from approximately 30 total round trips per day for the existing facility to 36 trips, which
is also stated as Development Standard #4.
Todd Hodges,Todd Hodges Design, LLC, represented the applicant and presented an ariel photo
of the site, a new site map, and samples of soil on the site, marked Exhibits L through T,
respectively. Mr. Hodges stated the site was originally approved for ten acres in 1983. In 1991
it was amended to expand to the entire site, so it is an existing sand and soil mining operation. Mr.
Hodges stated this request proposes to bring in soil materials to mix with the sand for varying
grades of potting mixtures and landscaping materials, which are then trucked to wholesalers;
therefore, there are no drive-in customers on this property. Mr. Hodges also presented Exhibits
U, V, and W, which are photos of Weld County Road 35, the intersection of Weld County Roads
12 and 35, and the intersection of Weld County Road 35 and Highway 52. Referring to Exhibit M,
Mr. Hodges indicated the drilling window, which has been agreed upon with the mineral owners,
and stated this also delineates the access to that area, as well as the flow line. Mr. Hodges also
indicated a future detention pond and trench, which was indicated through the geological survey.
Responding to Chair Vaad, Mr. Hodges stated he has no problems with staff requests for additional
Conditions of Approval and Development Standards.
Robert Oman, applicant, stated he currently has a Use by Special Review Permit on Weld County
Road 14.5 between Weld County Road 23 and Highway 85; however, they are vacating that
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property since the owner is expanding his operation there. He stated they buy, sell, and deliver all
different kinds of soil products; stock various garden centers and landscape yards with various
materials; make container mixes for bigger wholesale growers in the area; and deliver compost to
landscape companies. Mr. Oman stated they produce all the compost on site, from four dairies
in the area, and finishing material which has been moved onto the site. Responding to
Commissioner Masden, Mr. Oman stated trucks are pre-loaded for the next day, and trucks are
not parked at the site overnight except one;therefore,the hours of operation are roughly 7:00 a.m.
until 6:00 p.m. Mr. Oman stated production occurs between 8:00 a.m. and 5:00 p.m., and no yard
lights are used. Mr. Hodges stated the application does meet the criteria, and it is a minor change
from the existing approval which is on site.
Tim Trostel, resident to the south, stated his biggest concern is that the tractor trailers turning from
Weld County Road 12 to 35 and from Weld County Road 35 to Highway 52 cannot make the turns
without using all four lanes. He is also concerned about the increase in truck traffic and safety of
children traveling on school buses, and the noise which is made by the mixing machines.
Karen Buxton, resident of the Martin PUD, stated her concerns regarding trucks pulling out onto
Highway 52 from Weld County Road 35,and the safety of the traveling public and children traveling
in school buses. Responding to Chair Vaad, Ms. Buxton stated her home is one-half mile
Southeast of the site, and the site is visible from her house.
Mary Trostle, area resident, stated she is concerned about the extremely loud noise, which she
heard until 2:00 a.m. last year. She also stated the road is not wide enough for a semi truck and
car to go down safely and there are three or four semi trucks lined up on the road every day, since
there is no way for them to turn around on the property. She complained about the amount of dust,
and stated an industrial use should not be put into a residential area.
Responding to Chair Vaad, Drew Scheltinga, Department of Public Works, stated the Conditions
of Approval require the applicant to pave Weld County Road 12 with two 12-foot paved lanes and
four-foot gravel shoulders, as well as to improve the turning radius at the intersection of Weld
County Roads 12 and 35 so all trucks can safely make that turn. He further stated a traffic impact
study was performed; however, 30 trips per day would not warrant a turn lane, and he is unaware
of any site distance problems. Responding to Chair Vaad, Ms. Davis stated Development
Standards #9, #10, #13, #14, #15, and #16 address dust problems, and Development Standard
#11 specifies noise levels. Ms. Davis stated staff can check the number of decibels being omitted
if a problem occurs. Responding to Commissioner Masden, Mr. Scheltinga discussed the haul
route which has been established in the Development Standards.
Mr. Hodges stated the issues have all been addressed through the Conditions of Approval and
Development Standards, and as the site develops,the mixer will continue to move northwards into
the site, which is further away from the residents. He stated the sand and soil operation was
present prior to any residential development in the area, and CDOT has reviewed the traffic report
and indicated no concerns with the traffic. Regarding Condition #3.G concerning a short-term
Improvements Agreement, Mr. Hodges requested the applicant be allowed to not pave it and
provide dust abatement via chemical application; however, if it is determined this needs to be
paved, the applicant needs flexibility to allow the final outcome of the pending Court case. Chair
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Vaad clarified the paving be delayed until the resolution of the pending Court case,which could be
12 to 18 months based on testimony which was received at the Planning Commission Hearing. Mr.
Hodges stated the applicant has reconstructed the road and upgraded it, and he has also been
applying a dust suppressant to it, which he would continue until the Court case is settled.
Responding to discussion, Mr. Hodges explained how the paving affects the Court case and stated
Mr. Oman would be willing to affect the turning radius and also do preparation work on the road.
Mr. Hodges indicated the specific wording can be worked out in the Improvements Agreement,and
the Board would agree the paving be delayed until the Court case is settled. Responding to
Commissioner Geile, Mr. Hodges reiterated the additional truck traffic is 36 round trips per day,
which is 72 trips.
Concerning Condition of Approval#3.H, Mr. Hodges reiterated the applicant is willing to work with
Public Works regarding long term maintenance of the haul route; however, he wants to insure it
is for his portion, not the entire haul route, in case the culverts cause future deterioration. Mr.
Scheltinga stated the intention of the long term maintenance agreement would be for the entire
haul route, not just Weld County Road 12. During discussion about the long term maintenance
agreement requirements, Mr. Oman explained his issues regarding culverts, approaches, and
different companies using the same route and causing some of the damage. Chair Vaad directed
staff that the maintenance agreement should take into account the traffic coming out of existing
sites, with a proportionate share only being the responsibility of the applicant.
Mr. Hodges stated the applicant does intend to meet the requirements of Condition#5,as directed;
however, activity has been occurring on the site. Mr. Hodges indicated the applicant does accept
the Conditions of Approval and Development Standards. Chair Vaad stated Condition#3.N will be
added,as well as Development Standards#32 and#33,as requested by the Department of Public
Health and Environment. Mr. Gathman suggested the wording of Condition#5 be changed from
"Prior to operation" to "Prior to release of building permits."
Commissioner Masden moved to approve the request of Robert Oman/Select Materials for a Site
Specific Development Plan and Use by Special Review Permit #1367 for Open Pit Mining and
Materials Processing(extraction of sand and soil)a Use by Right in the 1-3(Industrial)Zone District
(manufacturing of soil products) 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 and addition of Condition #3.N
and Development Standards#32 and#33,and the change discussed for Condition#5.The motion
was seconded by Commissioner Long, and it carried unanimously.
There being no further discussion, the hearing was completed at 3:30 p.m.
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HEARING CERTIFICATION - ROBERT OMAN/SELECT MATERIALS (USR#1367)
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This Certification was approved on the 22nd day of April 2002.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WEL COUNTY, COLO DO
ATTEST: gal/ I'��'\ itsa` 1 l/ ht c
GIVaad — -Chair
Weld County Clerk to `°8P
David E. g, Pro-Tern
BY: -t .► ,,.2p
Deputy Clerk to the
. J Geile
TAPE #2002-14
EXCUSED
Jerke
iJI
H.rI _
DOCKET#2002-28
Robert C. Masden
2002-0946
PL0564
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1367 - ROBERT OMAN/SELECT MATERIALS
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 03/05/2002)
D. Clerk to the Board Notice of Hearing
E. Timothy & Mary Trostel Letter of opposition (4/15/02)
F. Health Department Memorandums & picture (3 pages)
G. Health Department Complaint form
H. Health Department Soil material pictures (2 pages)
I. Health Department 4/17/02 Memorandum
J. Todd Hodges Design, LLC Permission of access from Chuck Busha
K. Todd Hodges Design, LLC Updated USR#1367 site plan
L. Todd Hodges Design, LLC Ariel from 1986
M. Todd Hodges Design, LLC Newest site plan
N. Robert Oman Peat (bagged sample in storage)
O. Robert Oman Regular Compost (bagged sample in
storage)
P. Robert Oman Recycled Greenhouse (bagged sample in
storage)
Q. Robert Oman Grass and Leaves (bagged sample in
storage)
R. Robert Oman 5-way (bagged sample in storage)
S. Robert Oman Greenhouse (bagged sample in storage)
T. Robert Oman Surface Organics (bagged sample in
storage)
U. Robert Oman Photo of WCR 35
V. Robert Oman Photo of WCR's 12 & 35
W. Robert Oman Accident site
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