HomeMy WebLinkAbout20053504.tiff HEARING CERTIFICATION
DOCKET NO. 2005-95
RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW
PERMIT#1329 FOR MINERAL RESOURCE DEVELOPMENT FACILITIES (INCLUDING
OPEN PIT MINING AND MATERIALS PROCESSING,ACONCRETE BATCH PLANT,AND
THE IMPORTATION OF SAND AND GRAVEL AGGREGATES) IN THE A
(AGRICULTURAL) ZONE DISTRICT - LOVELAND READY MIX CONCRETE, INC.
A public hearing was conducted on December 21, 2005, 2005, at 10:00 a.m., with the following
present:
Commissioner William H. Jerke, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner David E. Long
Commissioner Robed D. Masden - EXCUSED
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
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 December 2, 2005, and duly published December 7,
2005, in the Fort Lupton Press,a public hearing was conducted to consider the request of Loveland
Ready Mix Concrete, Inc., for a Site Specific Development Plan and Amended Use by Special
Review Permit#1329 for Mineral Resource Development Facilities (including open pit mining and
materials processing, a concrete batch plant, and the importation of sand and gravel aggregates)
in the A(Agricultural)Zone District. Lee Morrison, Assistant County Attorney, made this a matter
of record. Chair Jerke advised the applicant's representative, Steve Fancher, 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 in the case of a tie vote,
Commissioner Masden will listen to the record and make the determining vote. Mr. Fancher
indicated he would like to proceed today.
Kim Ogle, 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
stated under the new proposal, the applicant will import materials to the subject site from another
facility for processing. He gave a brief description of the location of the site and surrounding land
uses. He stated the City of Greeley,Town of Milliken, and Larimer County indicated no conflict with
their interests, and the Town of Johnstown did not respond. He stated this amendment application
seeks to allow the importation of aggregate materials from the Walters/Bokelman Sand and Gravel
Mine facility, which will increase truck traffic to 168 truck trips per day. Mr. Ogle stated Conditions
of Approval#1.D.1, #1.D.2 and#1.D.3 address the required Improvements Agreement. He stated
19 referral agencies reviewed this proposal, and 12 responded favorably or provided comments
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HEARING CERTIFICATION - LOVELAND READY MIX CONCRETE, INC. (AMUSR#1329)
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that have been addressed in the Conditions of Approval and Development Standards. He further
stated staff received no correspondence from surrounding property owners; however, he did
receive three telephone calls regarding concerns with truck traffic. Responding to Commissioner
Geile, Mr. Ogle stated the Town of Johnstown municipal limits are two miles southwest of the site,
and the other mining facility is located in Larimer County, northwest of the subject site,across Weld
County Roads 13 and 54.
Char Davis, Department of Public Health and Environment, stated the site is serviced by the Little
Thompson Water District and an engineered septic system at the batch plant office. Responding
to Commissioner Geile, Mr. Ogle stated this is a dry pit mine, and the completed project will be
used for a wildlife preserve and ponds.
Donald Carroll, Department of Public Works, stated this amendment is for the importation of sand
and gravel aggregate from the Walters/Bokelman Sand and Gravel Mine in Larimer County. He
stated the subject site required major improvements to the intersection of Weld County Roads 13
and 54,which are major arterial roads. He stated he is requesting a Long-Term Road Maintenance
and Improvements Agreement for Weld County Road 13, north to the mining operation in Larimer
County; however, the terms are still under review. He reviewed the necessary improvements to
accommodate heavy hauling, and stated the existing pit will continue to operate the same,with the
exception of receiving materials from off-site. In response to Commissioner Vaad, Mr. Carroll
stated the applicant has complied with the original haul route requirements. Commissioner Vaad
stated residents near U.S. Highway and Weld County Road 13 previously alleged that trucks were
coming through their area; however, upon investigation, the allegations were found to be false.
Responding to ChairJerke,Mr.Carroll stated the designated haul route for the processed materials
will be east to Greeley, or west to Larimer County, on Weld County Road 54.
Steve Fancher, Secretary Treasurer of Loveland Ready Mix, stated the business has been
operating since 1955. He stated his nephew, Brad Fancher, is the operations manager.
Alex Schatz, Banks and Gesso, LLC, represented the applicant and stated this is an existing
operation,and the amendment was prompted by a request for importation of sand and gravel from
another facility. He stated staff from Larimer County and Weld County have indicated this proposal
will be more efficient, and no additional traffic will be generated. He stated the haul route between
the sites is 600 feet, and no slurry wall is being proposed. He further stated minor changes on the
site will include abandoning an oil and gas well and reclamation of completed areas; however, all
on-site improvements will remain the same. In response to Commissioner Vaad, Mr. Schatz stated
there is a residence located in the northwest corner of the site, which is owned and rented by the
applicant. Responding to Commissioner Geile, Mr. Schatz stated the two mining facilities will
operate concurrently. He explained the reserves in Weld County are being depleted sooner than
anticipated; however, consolidating the operations will not effect the final time line of mining out the
site. In response to Chair Jerke, Mr. Schatz stated the end use of the pit areas is designated as
wildlife habitat,with the possibility of a small rural development within the unmined area. He stated
the total mining footprint is 65 acres, and the pit is 20 to 25 feet deep. Responding to Chair Jerke,
Mr. Ogle stated if the end use is changed to provide water augmentation, staff may require an
additional amendment of the Use by Special Review application or review the matter through a
Minor Subdivision application.
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No public testimony was offered concerning this matter. In response to Chair Jerke, Mr. Fancher
stated he has reviewed and concurs with the Conditions of Approval and Development Standards.
Commissioner Geile moved to approve the request of Loveland Ready Mix Concrete, Inc., for a
Site Specific Development Plan and Amended Use by Special Review Permit #1329 for Mineral
Resource Development Facilities(including open pit mining and materials processing, a concrete
batch plant,and the importation of sand and gravel aggregates)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. The motion was
seconded by Commissioner Long. Commissioner Vaad stated the applicant's conscientious
compliance in the past carries a lot of weight in his decision. Chair Jerke commented mining
operations can be a potentially noxious use, and it is nice to have an application that receives no
opposition. There being no further discussion, the motion carried unanimously, and the hearing
was completed at 10:55 a.m.
This Certification was approved on the 28th day of December 2005.
APPROVED:
a�% BOARD OF COUNTY COMMISSIONERS
��"'• WELD COUNTY, COLORADO
,1961 ( O\ kV
ATTEST:
• ��r' • ' ��`�� William H. Je e, Chair
Weld County Clerk to their : 1
BY: tJ 4 !Ctii t Cdam ile, Pro-Tem
D uty Cie to the Board
David E. Long
TAPE #2005-49 EXCUSED
Robert D. Masde
DOCKET#2005-95
Glenn Vaad
2005-3504
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 21ST DAY OF DECEMBER, 2005:
DOCKET#2005-95 - LOVELAND READY MIX CONCRETE, INC.
DOCKET#2005-94 - WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, INC.
DOCKET#2005-96 - GOLD STONE CENTER, LLC
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EXHIBIT INVENTORY CONTROL SHEET
Case AmUSR#1329 - LOVELAND READY MIX CONCRETE, 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 10/04/2005)
D. Clerk to the Board Notice of Hearing
E. Larimer County Engineering Dept. Referral Response, dated 10/12/2005
F. Planning Staff Certification and Photo of sign posting
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