The URL can be used to link to this page

Browse Search

Home My WebLink About20010416.tiff HEARING CERTIFICATION DOCKET NO. 2001-17 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1259 FOR AN OPEN CUT GRAVEL MINING OPERATION AND CONCRETE AND ASPHALT BATCH PLANTS IN THE A (AGRICULTURAL) ZONE DISTRICT - MOBILE PRE-MIX CONCRETE, INC. A public hearing was conducted on March 14, 2001, at 10:00 a.m., with the following present: Commissioner M. J. Geile, Chair Commissioner Glenn Vaad, Pro-Tern 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, Sheri Lockman Health Department representative, Charlotte Davis Public Works representative, Don Carroll The following business was transacted: I hereby certify that pursuant to a notice dated February 23,2001, and duly published February 28, 2001, in the Tri-Town Farmer and Miner, a public hearing was conducted to consider the request of Mobile Pre-Mix Concrete, Inc.,for a Site Specific Development Plan and Use by Special Review Permit #1259 for an Open Cut Gravel Mining Operation and Concrete and Asphalt Batch Plants 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, as well as the surrounding uses. She stated seven referral agencies responded favorably or proposed conditions, and four agencies did not respond. She stated the Town of Fort Lupton expressed concern with screening and buffering along State Highway 85; however, due to the elevation of Highway 85 it will be difficult to fully screen the site. Ms. Lockman stated Condition of Approval#2.A addresses landscaping, but it does not require buffering along Highway 85, and added the applicant has submitted an agreement with the Lupton Bottom Ditch Company. Ms. Lockman suggested Conditions#2.D,#2.E and#2.G be deleted,and requested Development Standard#8 be amended to add "industrial" prior to "Zone District." Responding to Chair Geile, Ms. Lockman indicated the location of the ravine, and Don Carroll, Department of Public Works, stated the operation is bordered by Weld County Roads 6 and 8. He stated Weld County Road 8 is a local gravel road with one service access to the site for equipment and service vehicles, and will not be part of the main haul route. Mr. Carroll stated the material will be transported throughout the property with conveyors. He further stated Weld County Road 6 is a collector status road which is paved and has 60 feet of right-of-way, and the applicant will also be required to dedicate an additional 20 feet for a deceleration lane. Mr. Carroll reviewed the findings of the traffic study and the improvement requirements of the Department of Public Works, and stated the applicant li has been working with oe . ALA Jaz( ,O) /ICtll{fMQ/1 2001-0416 PL1477 HEARING CERTIFICATION - MOBILE PRE-MIX CONCRETE, INC. (USR#1259) PAGE 2 the State regarding the installation of a traffic signal in 2003 at the intersection of Weld County Road 6 and Highway 85. Mr. Carroll reviewed the terms of the Improvements Agreement, and in response to Chair Geile, he stated the McCain Seep bridge has been completed. Responding to Commissioners Jerke and Masden, Mr. Carroll indicated the location of the main access, and reviewed the designated haul route. Responding to Chair Geile, Mr. Carroll stated the applicant intends to begin operation before the traffic signal will be complete, and added he does not anticipate the traffic load on Weld County Road 6 will warrant paving in the future due to this use. Duane Bollig represented the applicant and stated the property owners are Donald and Suzanne Rittenhouse and Steven McWilliams. He reviewed the layout of the site, and explained they do not intend to mine more than 20 acres at any one time. Mr. Bollig stated once the Rittenhouse property is complete, they will move north to the McWilliams property. He indicated the location of the Lupton Bottom Ditch, and responding to Commissioner Jerke, Mr. Bollig stated there will be a conveyor over the Platte River, rather than using haul trucks. He displayed the final design following reclamation, and stated it has not been determined who will use the future water storage area. He further stated they have finalized the agreement with the Lupton Bottom Ditch Company, and Mr. Rittenhouse has agreed to record an easement for maintenance of the ditch head gate following mining operations. Mr. Bollig stated there is a Joint Use Agreement between the applicant and HS Resources; however, it still needs to be signed. He stated the endangered species studies indicated there are no orchids or Prebble Jumping mice on the site. In response to Commissioner Vaad, Mr. Bollig stated the Division of Minerals and Geology has approved a permit for this operation and the applicant will provide augmentation during mining. He further stated the State Engineer will determine if they are required to have lined reservoirs and they will be required to monitor the South Platte River prior to mining 400 feet of the River. Mr. Morrison stated Section 23-4-250 of the Weld County Code will also address the requirements for a mining operation. Mr. Bollig stated they have specific commitments with HS Resources and they intend to finalize the agreement. Responding to Commissioner Long, Mr. Bollig stated the applicant is willing to pay for the engineering on the intersection and traffic lights, which will speed up the process because those projects were not budgeted for this year by CDOT. He further stated the acceleration and deceleration lanes will be included in an asphalt overlay project scheduled for this summer. Responding to Commissioner Masden, Mr. Bullock clarified the haul route and stated very minimal traffic will travel west. Responding to Commissioner Jerke, Mr. Bullock stated the Department of Public Works has indicated a deceleration lane on Weld County Road 6 is not needed and Condition of Approval #2.G should be deleted. He requested Development Standard#23 be amended to allow operations between 6:00 a.m. and 7:00 p.m.,or during daylight hours, whichever is long. He also requested Development Standard #27 be amended to indicate that the service access will also allow mining equipment. Responding to Commissioners Vaad and Jerke, Mr. Carroll stated the deceleration lane is not required in the traffic study, and trucking will not be allowed on Weld County Road 8 which will be addressed through the improvements agreement with a designated haul route. He reiterated that the access on Weld County Road 8 is for service access only. Mr. Bullock stated the mobile equipment will need to use that access, and the stripped material will need to be hauled from that access until it is used for reclamation. Chris Greneaux, HS Resources, Inc., stated they own the mineral rights for both parcels and have two existing oil and gas wells at this site. He stated they have been working with the applicant to negotiate a Surface Use Agreement, and added HS Resources is not objecting to this proposal; however,they would like a Condition added that prevents the applicant from recording the plat until their agreement is signed. 2001-0416 PL1477 HEARING CERTIFICATION - MOBILE PRE-MIX CONCRETE, INC. (USR #1259) PAGE 3 John Davis, surrounding property owner, stated his family has owned their land prior to statehood, and although he has some concerns, it appears the Conditions will help mitigate road traffic issues. He stated his property is elevated above the mining site, and asked whether the reclaimed ponds will be for water storage or recreational uses. He expressed concern with stagnant water, mosquitos, and decreased property values. Mr. Davis stated he has met with the applicant and requested preservation of the old trees along the river. He stated that although he is not fully in support of the proposal, he understands the need for development. Responding to Commissioner Vaad, Ms. Lockman stated noise level is addressed in Development Standard #8. Ms. Houghtaling stated an industrial noise level is considered equivalent to a dot matrix printer. In response to Chair Geile, Ms. Lockman stated the Code requires mining operations be limited to daylight hours; however,the Board does have the authority to waive that requirement. Responding to Chair Geile, Mr. Bollig stated they experience higher demands for their product during September and October, and the extended hours would allow for more production to meet the demand. Chair Geile stated the hours being requested by the applicant are comparable to the daylight hours during those months. Commissioner Vaad suggested Development Standard #27 be amended to indicate hauling material will not be allowed from the service access on Weld County Road 8. Ms. Lockman suggested Condition of Approval #2.F be added to state, "The applicant shall submit to the Department of Planning Services, a copy of a signed agreement with the property's mineral owners stipulating that the oil and gas activities have adequately been incorporated into the design of the site." In response to Chair Geile, Mr. Bollig stated he and the applicant have reviewed and agree with the Conditions of Approval and Development Standards, as well as the proposed changes. Commissioner Vaad moved to approve the request of Mobile Pre-Mix Concrete, Inc., for a Site Specific Development Plan and Use by Special Review Permit #1259 for an Open Cut Gravel Mining Operation and Concrete and Asphalt Batch Plants 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 the deletion of Conditions#2.D, #2.E and #2.G, amending Development Standard #8 to insert"Industrial"before"Zone District,"amending the second sentence of Development Standard #23 to state,"The Board of Commissioners has authorized extended hours of operation during the months of September and October, to begin at 6:00 a.m. and end at 7:00 p.m.," amending Development Standard #27 to state, "The access from Weld County Road 8 will not be used for hauling product," adding Condition of Approval #2.F to state, "The applicant shall submit to the Department of Planning Services,a copy of a signed agreement with the property's mineral owners stipulating that the oil and gas activities have adequately been incorporated into the design of the site,"and renumbering or relettering as appropriate. The motion was seconded by Commissioner Masden, and it carried unanimously. 2001-0416 PL1477 HEARING CERTIFICATION - MOBILE PRE-MIX CONCRETE, INC. (USR#1259) PAGE 4 This Certification was approved on the 19th day of March 2001. APPROVED: BOARD OF UNTY COMMISSIONERS _�® _ WELD COY, COLORADO ,ATTEST: e / ,t L4 //7/ D.7/t" �i M. J. exile, C air Weld County Clerk to th !:o. 1861 1 •: • � Glenn Va d, Pro-rim BY: _I Deputy Clerk to the Bye(J' EXCUSED DATE OF APPROVAL Wil . Jer e� TAPE #2001-12 4avi E. Lg DOCKET#2001-17 Robert D. Masden 2001-0416 PL1477 EXHIBIT INVENTORY CONTROL SHEET Case USR#1259 - MOBILE PRE-MIX 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 06/20/2000) D. Clerk to the Board Notice of Hearing E. Planning Staff Letter re: Items to be submitted prior to BOCC hearing (12/22/2000) F. Planning Staff Survey Report for Spiranthes diluvialis at River Bend Parcel (08/31/2000) G. Planning Staff Survey for Preble's Meadow Jumping Mouse at River Bend Operation (08/07/2000) H. Planning Staff Letter from U.S. Department of the Interior re: Ute ladies'-tresses orchid Survey Report (01/25/2001) Planning Staff Letter from Applicant re: Agreement with HS Resources (12/22/2000) J. Planning Staff Letter from Davis Graham and Stubbs, LLP (HS Resources, Inc.) re: Mineral rights (12/14/2000) K. Planning Staff Letter from Applicant re: Lupton Bottom Ditch (12/22/2000) L. Planning Staff Certification of Posting M. Applicant Letter Agreement with Lupton Bottom Ditch Company (03/13/2001) N. Applicant Fax including Letter from Donald Rittenhouse, Letter Agreement with Lupton Bottom Ditch Company, and Letter re: Joint Use Agreement O. P. ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 14TH DAY OF MARCH, 2001: DOCKET#2001-13 - IVAN AND JOANNE GILBAUGH DOCKET#2001-17 - MOBILE PRE-MIX CONCRETE, INC. COZ#541 - JOHN AND CHARLOTTE CARLSON 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 lZ20a T /`l -rniAy tc7 C61 �� ) /VV ti- ,• �; rh ;,i.v t 4 f ( )o©I « rhk, D41/Ls i3- I/a e cA M,- L�� , Cep eel.a/ 01'6)0/-43 m� 007 C/al` �r'oe S C 1'3 7a/ rJOG / -i7 44; 1/ .4/e le: //no SI-ff.oi-f aA ✓ti Co f3o23J woi - I-7 siEue MCI0, L LEA A-1s 12_23(v S'/ FOR Lut(')'0/ i CO / -Lc LA 4i_L /X90 a). .4-4-A de. Aen,fc3 r Ca/e*acXf9 6"0A0/ ("tie {r_in..k) 2&'-/-3 t,Lt✓. Tev,14z_ :36226,5 it\ .( -26 `S'n(vl5 2eorn.i /422 42, d$f �iia-/ • ")53H ' l x'1(1 en.pCt kIS ,f)P Ct Th �/6 - ��Y9�1 �f:J�;cL t� PIAtVL C) 7 Hello