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Home My WebLink About20012661.tiff HEARING CERTIFICATION DOCKET NO. 2001-62 RE: SITE SPECIFIC DEVELOPMENT PLAN AND 2ND AMENDED USE BY SPECIAL REVIEW PERMIT #488 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY (OPEN PIT MINING AND MATERIALS PROCESSING,ALONG WITH AN ASPHALT MIXING PLANT) IN THE A(AGRICULTURAL) ZONE DISTRICT - MOBILE PREMIX CONCRETE, INC. A public hearing was conducted on October 17, 2001, at 10:00 a.m., with the following present: Commissioner M. J. Geile, Chair Commissioner Glenn Vaad, Pro-Tem Commissioner William Jerke Commissioner David Long Commissioner Robert Masden Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Lee Morrison Planning Department representative, Monica Mika Health Department representative, Charlotte Davis Public Works representative, Don Carroll The following business was transacted: I hereby certify that pursuant to a notice dated August 31, 2001, and duly published September 5, 2001, in the Tri-Town Farmer and Miner, a public hearing was conducted on September 19, 2001, to consider the request of Mobile Premix Concrete, Inc., for a Site Specific Development Plan and 2nd Amended Use by Special Review Permit#488 for a Mineral Resource Development Facility (open pit mining and materials processing,along with an asphalt mixing plant)in the A(Agricultural) Zone District. At the request of the applicant,the Board deemed it advisable to continue the matter to October 17, 2001, to allow the applicant additional time to complete the necessary Conditions of Approval prior to the Board hearing. Lee Morrison, Assistant County Attorney, made this a matter of record. Monica Mika, Director 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. Mika stated the applicant has submitted a Transportation Study and Wildlife Study, and she gave a brief description of the location of the site and surrounding uses. She stated there is one residence which is located within the boundary of the Special Review Permit; however, it will be exempted out through a Recorded Exemption. Ms. Mika gave a brief summary of the case history, which was approved in 1982, and amended in 1985. She requested a new Development Standard #30 be added to restrict the hours of operation to daylight hours to remain consistent with the original permit, with the subsequent items to be renumbered. Ms. Mika referred to a Memorandum from the Department of Public Works, marked Exhibit J,and stated Condition of Approval#2.A.6 should be added to state, "The applicant shall submit and receive approval for a Long Term Maintenance Agreement adhering to the requirements of the Memorandum from the Department of Public Works, dated October 16, 2001." In response to Commissioner Vaad, Ms. Mika stated as proposed, the applicant will be able to operate seven days a week, during daylight hours. She 2001-2661 CC A92/ Ai/ pW PL1512 HEARING CERTIFICATION - MOBILE PREMIX CONCRETE, INC. (2ND AMUSR#488) PAGE 2 stated most of the surrounding gravel facilities operate Monday through Saturday, during daylight hours. Mr. Morrison stated there is standard language in the County Code which addresses this issue. Commissioner Vaad commented he has received several calls from residents or other operators in the area regarding the times of operation. Responding further to Commissioner Vaad, Ms. Mika stated the applicant indicated this site is receiving materials from the Shaw Pit which was approved last week. In response to Chair Geile, Ms. Mika stated there has been mining at this site. Chair Geile stated although operations may have changed at the site since originally approved,this application is only for structural changes and he is not certain all of the other requirements should be altered. Ms. Mika stated there is no record of violations at this site. Responding to Chair Geile, Mr. Morrison stated if the new traffic study indicates improvements to the roadways are needed, the applicant will be required to contribute toward the cost of improvements, proportional to the impact caused by the site. He further stated that this application reopens the issue and allows staff to update or reassess the conditions to mitigate any impacts caused by the amendment or other situations which have developed since the original permit was approved. Ms. Mika stated the Field Check from staff indicates there has been some activity; however, the site is not close to being mined out. Drew Scheltinga, Department of Public Works, stated this portion of southern Weld County has changed drastically since the original permit was approved. He stated the County has had some very good relationships with the gravel operators in this area and they have provided good maintenance on the local roads under the existing agreements. Mr. Scheltinga requested the existing maintenance agreement be updated to reflect currently used haul routes. He stated the applicant has provided a traffic study, which he finds to be complete and accurate. Mr. Scheltinga stated the traffic study indicates four issues which will need to be addressed. He stated the two intersections of Weld County Road 20.5 with Roads 7 and 1 have small radiuses which make it difficult for trucks to maneuver. Mr. Scheltinga stated they will also address the need for traffic lights at the intersection of Weld County Road 20.5 and State Highway 52,as well as the previously mentioned intersections with Weld County Roads 7 and 1. He requested the applicant participate in the cost of the improvements in proportion to the traffic generated by the site. He explained if the lights are not installed within the life of the mine, the applicant will not have to pay any costs. Mr. Scheltinga stated the access from Weld County Road 20.5 will also need to be reviewed to ensure adequacy for the type of traffic entering the site; however, he does not feel any of these issues are reason to delay approval of this application. In response to Chair Geile and Commission Jerke, Mr. Scheltinga stated the Traffic Study identified the items discussed in his memorandum, and Weld County Road 1 is a distance of two miles from Weld County Road 7. He explained when the trucks exit the pit, the traffic study indicates 60 percent travel east and 40 percent travel west. He stated traffic lights are needed due to the increased traffic in the area. He further stated Weld County Roads 20.5, 7, and 1 are all paved; however, they will need to be upgraded,widened, and equipped with turn lanes. In response to Chair Geile, Ms. Mika requested the addition of Condition of Approval #2.A.6 to address the Long Term Maintenance Plan and Improvements Agreement. Responding to Chair Geile, Ms. Davis stated Development Standard #15 is intended to require a Storm Water Discharge Permit for any amendments made at this site. She stated if one is deemed necessary, it will be issued by the State, not the County. In response to Commissioner Vaad, Mr. Scheltinga stated staff will also submit the traffic study to Felsburg, Holt, and Ullevig for further review to finalize any improvement details. 2001-2661 PL1512 HEARING CERTIFICATION - MOBILE PREMIX CONCRETE, INC. (2ND AMUSR#488) PAGE 3 Julie Goettemoeller represented the applicant and stated they have been in operation since 1984. Ms. Goettemoeller stated their primary operations have been at the Hamm Pit, which is almost complete,so they will now be using this site as their primary location. She explained materials from the Shaw Pit will be transported in to help keep up with production. Ms. Goettemoeller stated Development Standard#15 requires a Strom Water Discharge Permit. She noted they have had that permit in place for a number of years, and Ms. Davis stated the language is in place to cover any changes made by this amendment. Chair Geile suggested the language be amended to clarify the permit and will only be required if amendments are made. Ms. Goettemoeller stated the applicant concurs with the comments from Public Works; however, there is some concern regarding their responsibility in contributing to the cost of improvements. She stated the details can be worked out in the Improvements Agreement. Mr. Morrison stated the contributions will be based on the remaining use of the site at the time the improvements are made. Commissioner Jerke commented the company needs to be aware that the improvements will need to be done along the way, not just at the end. Mr. Morrison stated a traffic light is different from general maintenance and upkeep of roads because the use does not start until the light is turned on, therefore, his comments pertain only to the light. He further stated it is difficult to determine a date certain for installing a traffic signal because the cost may be forced on a future board. Mr. Scheltinga suggested the proportional cost to be paid by the applicant at the time a light goes in could be based on how much material is left to be excavated. Mr. Morrison stated the Board will still control when and a light will go in at the County intersections. Commissioner Jerke commented it is better to install improvements sooner resulting in a higher proportional cost to the applicant, rather than the County. In response to Chair Geile, Ms. Goettemoeller stated she concurs with how the proportional costs are to be determined as proposed by staff. She stated the company would like to have the buildings constructed prior to winter weather conditions to provide shelter for their employees. She expressed concern with being required to record the plat prior to obtaining building permits. Ms. Mika reviewed the procedure for the early release of building permits for the record. In response to Commissioner Vaad, Ms. Goettemoeller stated the site currently operates six days per week and only operates under special circumstances on Sundays. She further stated currently there is no asphalt plant; however, there may be times in the future that they need to operate on Sunday to complete a paving job before the Monday commute. Ms. Mika asked the Board to disregard her previous request for Development Standard #30 because the issue is already addressed by Development Standard #28. Responding to Commissioner Vaad, Ms. Goettemoeller stated it is not a problem to limit the operations to six days a week; however, she requested they be allowed to contact the Department of Planning Services for special allowances to operate on Sunday if necessary. Responding to Chair Geile, Ms. Goettemoeller stated she and the applicant have reviewed and agree with the Conditions of Approval and Development Standards. In response to Commissioner Jerke, Ms. Goettemoeller stated the slopes are determined by the Division of Minerals and Geology. She explained the steepest slope is 3:1 and some grades will be less if they have extra overburden to place on the banks. Ms. Goettemoeller stated the standard slope is 3:1, and the Division of Wildlife prefers a slope of 5:1 because it lends itself to better wetlands and wildlife habitat. (Switched to Tape#2001-44.) Mr. Scheltinga stated over the next 20 years, it is estimated this operation will contribute between six and fifteen percent of the traffic on Weld County Road 20.5, and that may be decreased even more depending on how much has been mined. Ms. Davis stated the Department of Public Health and Environment was unable to locate a permit for the septic system on the site. She stated if the applicant intends to use the septic system, they need to apply for a permit, otherwise, the system needs to be abandoned as indicated in the Draft Resolution. 2001-2661 PL1512 HEARING CERTIFICATION - MOBILE PREMIX CONCRETE, INC. (2ND AMUSR#488) PAGE 4 No public testimony was offered concerning this matter. Commissioner Vaad moved to amend Development#28 to add a sentence which states, "Days of operation shall be Monday through Saturday,unless Sunday operations are required for the health, safety, and welfare of the public and reported to Weld County Department of Planning Services." The motion was seconded by Commissioner Long, and it carried unanimously. In response to Chair Geile, Mr. Morrison stated the early release of building permits is done administratively and does not need to be addressed in the Resolution. Commissioner Vaad moved to approve the request of Mobile Premix Concrete, Inc., for a Site Specific Development Plan and 2nd Amended Use by Special Review Permit #488 for a Mineral Resource Development Facility(open pit mining and materials processing, along with an asphalt mixing 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 Condition of Approval#2.A.6 to state, "The applicant shall submit and receive approval for a Long Term Maintenance Agreement adhering to the requirements of the Memorandum from the Department of Public Works, dated October 16,2001,"and modifying Development Standard#15 to indicate that any amendments will require an amendment of the Storm Water Discharge Permit. Commissioner Jerke seconded the motion,which carried unanimously. There being no further discussion,the hearing was completed at 11:20 a.m. This Certification was approved on the 22nd day of October 2001. APPROVED: BOARD OF COUNTY COMMISSIONERS WELD COU Y, COLORADO ElLa ATTEST: i . J. eile, Chai Weld County Clerk to th-`+ U Y�� /� i O. ¶BY: a -A/ G of nn Vaad, I'Rrfi - • Deputy Clerk to the Boar EXCUSED DATE OF APPROVAL Willia Jerke TAPE #2001-42 vid . Lon DOCKET#2001-62 Robert D. Mas bn 2001-2661 PL1512 EXHIBIT INVENTORY CONTROL SHEET Case 2ND AMENDED USR#488 - MOBILE PREMIX CONCRETE, INC. 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) D. Clerk to the Board Notice of Hearing E. Applicant Letter requesting continuance (09/12/2001) F. Planning Staff Traffic Impact Report (10/08/2001) G. Planning Staff Preble's Meadow Jumping Mouse Study (10/10/2001) H. Planning Staff Letter addressing Conditions of Approval (10/09/2001) Planning Staff Letter re: Ute Ladies Tresses Orchid Survey (07/22/2001) J. Planning Staff Memo from Public Works re: Traffic Study (10/16/2001) K. Planning Staff Affidavit of Posting L. M. N. O. P. Q. R. S. T. U. ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 17TH DAY OF OCTOBER, 2001: DOCKET#2001-71 - L. BLAKE NELSON DOCKET#2001-62 - MOBILE PREMIX CONCRETE, INC. PLEASE legibly write or print your name and complete address and the DOCKET# (as listed above) or the name of the applicant of the hearing you are attending. NAME AND ADDRESS(Please include City and Zip Code)DOCKET#OF HEARING ATTENDING \' 0L l"-:.m innS Dr;ve 1.-Al- w'rtrA (O 9-10-)-$ Hello