HomeMy WebLinkAbout20040602.tiff HEARING CERTIFICATION
DOCKET NO. 2004-19
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1453
FOR A MINERAL RESOURCE DEVELOPMENT FACILITY(CONCRETE BATCH PLANT)
IN THE A (AGRICULTURAL) ZONE DISTRICT - TIM FELTE/DOUGLAS YOUNG,
C/0 SHAUN ROBERTS
A public hearing was conducted on February 25, 2004, at 10:00 a.m., with the following present:
Commissioner Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner M. J. Geile
Commissioner David E. Long
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Sheri Lockman
Health Department representative, Char Davis
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated February 6,2004, and duly published February 12,
2004, in the South Weld Sun, a public hearing was conducted to consider the request of Tim
Felte/Douglas Young,do Shaun Roberts,for a Site Specific Development Plan and Use by Special
Review Permit#1453 for a Mineral Resource Development Facility(concrete batch plant) in the
A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of
record. Sheri Lockman, 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. Ms. Lockman gave a brief description of the location of the site and surrounding uses.
She stated ten referral agencies reviewed this proposal,nine responded with comments that have
been addressed through the Conditions of Approval and Development Standards,and the Town of
Ault indicated no conflicts with its interests. She further stated the City of Thornton submitted
comments on February 24,2004, marked Exhibit E,expressing concern. Ms. Lockman stated the
applicant has been working with the Colorado Department of Transportation (CDOT), which has
indicated improvements will not be required at this time; however, Development Standard #15
requires the applicant to adhere to any future requirements of CDOT. She stated the applicant did
not feel they could meet the residential noise levels,therefore,Development Standard#10 requires
the facility to adhere to the maximum noise levels allowed in the Light Industrial Zone District. She
further stated Development Standard#23 addresses stormwater runoff. Ms. Lockman stated the
City of Thornton has requested this hearing be continued to allow its staff an opportunity to review
the application. She stated Condition of Approval#1.K needs to be added requiring the applicant
to request the vacation of Use by Special Review Permit#1191.
Char Davis, Department of Public Health and Environment, stated she has no comments at this
time.
2004-0602
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HEARING CERTIFICATION - TIM FELTE/DOUGLAS YOUNG, C/O SHAUN ROBERTS
(USR #1453)
PAGE 2
Donald Carroll, Department of Public Works, stated the site is accessed from State Highway 14,
which has an average daily traffic count of 3,900 vehicles. He stated Development Standard#24
requires the applicant to surface the approach pad with asphalt or concrete to prevent tracking
gravel or mud onto the state or county road systems. Responding to Chair Masden, Mr. Carroll
stated CDOT is not requiring improvements at this time. Ms. Lockman stated the original
application reflected the facility would generate 17 trips;however,since that time the applicant has
increased the number of trips and CDOT confirmed that acceleration/deceleration lanes will not be
required at this time.
Shaun Roberts, applicant, stated at this time the maximum number of truck trips will not require
turning lanes; however, if the operation is expanded, then they will be required. Responding to
Commissioner Jerke, Mr. Roberts stated they are under contract to purchase this two-acre site,
which has adequate room for expansion;however,they are not interested in expanding at this time.
He stated they will bring in rock, sand, and cement to produce the mixed concrete which they will
supply to the market within a 30-mile radius. In response to Chair Masden, Mr. Roberts stated the
facility will generate 50 truck trips and 14 trips for employees. Responding to Commissioner Geile,
Mr. Roberts clarified that the amount is 25 truck trips out and 25 truck trips back in.
Brian Foss,City of Thornton representative,requested a two-week continuance to allow for further
review due to a lack of notification. He expressed concern regarding traffic,dust,and stormwater
drainage. In response to Commissioner Vaad, Mr. Foss stated the formal notification was sent to
the main office in Thornton and was delayed in reaching the local office in Ault. Responding to
CommissionerJerke,Ms.Lockman stated she spoke with Nancy Garceau,Thornton representative,
who clarified notification was sent to the appropriate address in Thornton;however,the local office
did not receive the information until February24,2004. Mr. Morrison clarified Thornton's interest is
as a surrounding property owner, not a referral agency. Commissioner Geile questioned what
impact a continuance would have on the pending sales contract. Mr. Roberts stated the closing is
scheduled for February26,2004,and the current property owner will be auctioning his property over
the weekend, therefore, they would like to complete the hearing process today. Commissioner
Jerke commented proper notification was provided,continuing this case would create difficulties for
the applicant,and he feels the County staff does a good job of including the appropriate conditions
to mitigate any adverse impacts. However, he would like to hear any remaining public testimony
before making a finding on the matter,and the Board concurred. There being no further comments,
Chair Masden closed public testimony.
In response to Commissioner Vaad, Mr. Carroll reiterated that Development Standard #23
addresses stormwater runoff and drainage from the facility. He stated the drainage pattern has
been identified, and there is an existing detention pond on the north which will catch, retain, and
release water at the historical rate. Mr.Carroll expressed concern regarding the potential washing
of concrete trucks,and stated he will conduct a final site check to ensure the grading is completed
as designed. Responding to Chair Masden, Ms. Davis stated the application does not reflect any
truck washing; however, Development Standard#8 has been added in the event that does occur.
Mr. Roberts stated in an attempt to address the concerns of the neighbors, they are considering
using a reclaimer to separate rock and gravel that comes back to the site on the trucks. He stated
it will consist of three or four settling ponds,which will be required prior to getting Building Permits.
Ms. Davis stated that information was not included in the original application. Mr. Roberts stated
they will also provide a Landscape Plan which is agreeable to the City of Thornton. In response to
2004-0602
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HEARING CERTIFICATION - TIM FELTE/DOUGLAS YOUNG, C/O SHAUN ROBERTS
(USR #1453)
PAGE 3
Chair Masden,Mr. Roberts stated he agrees with the proposed Condition requiring the vacation of
Use by Special Review Permit #1191, as well as the remaining Conditions of Approval and
Development Standards. Commissioner Geile commented he understands the concerns of the City
of Thornton; however, he feels the concerns can be addressed through appropriate modifications
to the Conditions. The Board indicated no desire to continue this case as requested by the City of
Thornton. Ms. Davis proposed Condition of Approval#1.L be added to state, "The applicant shall
submit evidence from the Water Quality Control Division of the Colorado Department of Public
Health and Environment that the water concrete separation areas are appropriately permitted and
shall meet the Water Discharge requirements as outlined in the Colorado Discharge Permit System
(CDPS). This shall be noted on the Plat." She clarified Condition#1.Kwould be added to require
the vacation of Use by Special Review Permit#1191. In response to Mr. Morrison,Ms. Davis stated
Development Standard #8 was included in the event there was any truck washing, and she
proposed the language be modified to state,"Any vehicle washing areas and concrete separation
areas shall capture all effluent and prevent discharges from drum washing and the washing of
vehicles in accordance with the Rules and Regulation of the Water Quality Control Commission and
the Environmental Protection Agency." The applicant concurred with the changes as discussed.
Commissioner Geile moved to approve the request of Tim Felte/Douglas Young, do Shaun
Roberts, for a Site Specific Development Plan and Use by Special Review Permit #1453 for a
Mineral Resource Development Facility(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 adding Conditions of Approval#1.K and#1.L and modifying Development Standard#8 as
proposed by staff. The motion was seconded by Commissioner Long,and it carried unanimously.
There being no further discussion, the hearing was completed at 10:35 a.m.
This Certification was approved on the 1st day of March 2004.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
W D COUNT , COLO ADO
ATTEST:j2i E "s C - ,
^`�� '� Robert D. Masden, Chair
Weld County Clerk to t B. � �'
a /2C � � , , William H. rke, Pro-Tem
BY: ✓
Deputy Clerk to the ='0 N�
�.�.I Geile
TAPE #2004-09 e
Davie; '11/ad0
DOCKET #2004-19 ii
Glenn Vaad
2004-0602
PL1269
EXHIBIT INVENTORY CONTROL SHEET
Case USR #1453 -TIM FELTE/DOUGLAS YOUNG, C/O SHAUN ROBERTS
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 01/06/2004)
D. Clerk to the Board Notice of Hearing
E. Nancy Garceau E-mail of Concern from City of Thornton
(02/25/2004)
F. Planning Staff Certificate and Photo of sign posted on site
(02/25/2004)
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_ATTENDANCE RECORD _
HEARINGS ARE AS FOLLOWS ON THIS 25TH DAY OF FEBRUARY, 2004:
DOCKET#2004-19 -TIM FELTE/DOUGLAS YOUNG
DOCKET#2004-18 - HERSCHEL AND BECKY HOLLOWAY
DOCKET#2004-14 - MOISES RODRIGUEZ
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