HomeMy WebLinkAbout20011087.tiff HEARING CERTIFICATION
DOCKET NO. 2001-32
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1316
FOR OPEN PIT SAND AND GRAVEL MINING IN THE A (AGRICULTURAL) ZONE
DISTRICT - HALL-IRWIN CORPORATION
A public hearing was conducted on May 23, 2001, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair
Commissioner Glenn Vaad, Pro-Tem - EXCUSED
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, Chris Gathman
Health Department representative, Charlotte Davis
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated May 4, 2001,and duly published May 9, 2001, in the
Tri-Town Farmer and Miner, a public hearing was conducted to consider the request of Hall-Irwin
Corporation for a Site Specific Development Plan and Use by Special Review Permit #1316 for
Open Pit Sand and Gravel Mining in the A (Agricultural) Zone District. Lee Morrison, Assistant
County Attorney, made this a matter of record. Chair Geile advised the applicant's representative,
Danna Ortiz, Rocky Mountain Consultants, that the applicant has the option of continuing this
matter to a date when the full board will be present. However, if they decide to proceed today, it
will require three affirmative votes, or in the case of a tie vote, Commissioner Vaad will listen to the
record and make the determining vote. Ms. Ortiz indicated they would like to proceed today.
Chris Gathman, Department of Planning Services, presented a brief description of the location of
the site, as well as the surrounding land uses. He entered the favorable recommendation of the
Planning Commission into the record as written, and stated no additional traffic will be generated
by this operation. He explained it is located adjacent to, and will be accessed through an existing
Hall-Irwin operation. Mr. Gathman stated applicant has agreed to address the concerns expressed
by the surrounding property owners,and explained the existing gravel mining operation has already
been annexed into the Town of Windsor. Mr. Gathman submitted a Memorandum, marked
Exhibit H, requesting modifications to the Conditions of Approval and Development Standards.
Responding to Chair Geile, Mr. Gathman stated the recommendations from Larimer County have
not been included in the Conditions of Approval or Development Standards. He further stated the
applicant has already completed an improvements agreement for the original mining operation,and
Public Works is requesting the agreement be modified to reflect the current operator's name. He
stated the road improvements have been completed, and the proposed operation is accessed
through the existing site from Weld County Road 13. Chair Geile referred Condition #3.G and
stated the County does not have an Intergovernmental Agreement with the town, and suggested
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HEARING CERTIFICATION - HALL-IRWIN CORPORATION (USR #1316)
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all references to the Town of Windsor be removed. Mr. Gathman stated staff uses the language
"shall attempt,"so it is not an absolute requirement. Chair Geile commented the Resolution should
only include regulations that are consistent with Weld County policies,ordinances,and agreements
to avoid future confusion. Mr. Morrison stated the applicant has met most of the requests from the
Town of Windsor, and he has no concerns with deleting Condition #3.G. Mr. Morrison further
stated Condition of Approval#3.A. addresses concerns from the Division of Wildlife; however, the
applicant may have already addressed this matter through the State.
Don Carroll, Department of Public Works, stated Weld County Road 13 is paved and the County
maintains the road from the bridge heading south to Highway 392. He further stated the roadway
extending south from the bridge has been annexed by Windsor. Mr. Carroll stated the original
Improvements Agreement is for the existing gravel operation, and Development Standard #29
requires the applicant to update the agreement to reflect the current ownership. Responding to
Chair Geile, Mr. Gathman stated Condition of Approval #2.A also uses the language "shall
attempt";however,since the access exists the Board can determine whether they feel the condition
is still necessary.
Danna Ortiz represented the applicant and stated the applicant has met the concerns of the Fire
Protection District,they are working with the Division of Wildlife for removal of prairie dogs, and no
endangered species were found on the property. Responding to Chair Geile, Ms. Ortiz stated the
application indicates the hours of operation will be from daylight to dusk, or from 6:00 a.m. to 7:00
p.m. Mr. Gathman stated the proposed hours of operation are in compliance with the County Code
Responding to Commissioner Jerke, Ms. Ortiz stated once mining is complete, the site will be
recovered with two ten-acre recreation ponds,with a private access. She further stated the ponds
may not be large enough for storage. In response to Commissioner Masden, Ms. Ortiz stated the
applicant is also exploring the potential for creating wetlands.
No public testimony was offered concerning this matter. In response to Chair Geile, Ms. Ortiz
stated she and the applicant have reviewed and agree with the Conditions of Approval and
Development Standards,as well as the proposed changes. Ms.Ortiz referred to Condition#3.A.1,
and stated the applicant will be working with CDOT and following the right-of-way requirements
for future right-of-way on State Highway 392.
Commissioner Jerke moved to approve the request of Hall-Irwin Corporation for a Site Specific
Development Plan and Use by Special Review Permit#1316 for Open Pit Sand and Gravel Mining
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 deleting Conditions of Approval#2.B,#2.C,#2.D,#2.E,#2.G,
#2.H, and #3.A, amending Development Standard #10 to delete "I (Industrial)," amend
Development Standard #13 to replace the word "force" with "face," and renumber or reletter as
appropriate. The motion was seconded by Commissioner Masden, and it carried unanimously.
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HEARING CERTIFICATION - HALL-IRWIN CORPORATION (USR#1316)
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This Certification was approved on the 30th day of May 2001.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD C UNTY, COLORADO
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ATTEST: A �D � ,i/ 0./ s
J 861 ( q:�.; �� M. . Geile, Chair
Weld County Clerk tot 1 B
/� It?;fe � EXCUSED
BY: ` Glenn Vaad, Pro-Tem_
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Deputy Clerk to the Boaa�a��'� '��'
Will H. Jerke
TAPE #2001-23 £ , ca,-� c .{
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DOCKET#2001-32
Robert D. Masden
2001-1087
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1316 - HALL-IRWIN COPORATION
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 02/06/2001)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Various item for compliance with Conditions
of Approval (03/05/2001)
F. Planning Staff Letter from U.S. Department of the Interior,
Fish and Wildlife Service re: Ute ladies'-
tresses orchid (04/05/2001)
G. Planning Staff Letter from applicant to Mr. and Mrs. Roth
re: Drainage Tiles (03/20/2001)
H. Planning Staff Memorandum re: Revised Conditions
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 23RD DAY OF MAY, 2001:
DOCKET#2001-32 - HALL-IRWIN CORPORATION
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 ZipCode)DOCKET#OF HEARING ATTENDING
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