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Home My WebLink About20013028 HEARING CERTIFICATION DOCKET NO. 2001-80 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1326 FOR AN OPEN PIT GRAVEL MINING OPERATION AND CONCRETE BATCH PLANT IN THE A(AGRICULTURAL) ZONE DISTRICT - L. G. EVERIST, INC. A public hearing was conducted on November 14, 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 Robed Masden Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Lee Morrison Planning Department representative, Chris Gathman Health Department representative, Pam Smith Public Works representative, Drew Scheltinga The following business was transacted: I hereby certify that pursuant to a notice dated October 26, 2001, and duly published October 31, 2001, in the Tri-Town Farmer and Miner, a public hearing was conducted to consider the request of L. G. Everist, Inc., for a Site Specific Development Plan and Use by Special Review Permit #1326 for an Open Pit Gravel Mining Operation and Concrete Batch Plant in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Chris Gathman, 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 gave a brief description of the location of the site and surrounding uses, and stated 11 referral agencies reviewed this request and six responded favorably. Mr. Gathman stated at the time of application,the site was not within the boundaries of the Intergovernmental Agreement between the County and the Town of Firestone;however,Conditions of Approval and Development Standards have been added to address the concerns expressed by Firestone. Mr.Gathman stated the Planning Commission recommends approval of this request for reasons indicated in the Resolution of Recommendation, and he submitted a Memorandum, marked Exhibit J, proposing the addition of a new Development Standard #37. Mr. Gathman also requested the Board delete Development Standard #19 because it duplicates Development Standard #34. Responding to Chair Geile, Mr. Gathman stated Development Standard#30 will mitigate some of the concerns expressed by the Town of Firestone. Mr. Morrison stated the terms of the Intergovernmental Agreement do not apply because it was not in effect at the time of application. Responding to Chair Geile, Mr. Gathman stated originally this site was not in Firestone's Urban Growth Boundary; however, there has been mention of amending those lines to include this site in the future. Drew Scheltinga, Department of Public Works, stated the Traffic Study has been reviewed and approved for two haul routes, and the applicant has also submitted a proposed road improvements and maintenance agreement. Mr. Scheltinga gave a brief explanation of the haul 2001-3028 CL'., /// / 4/) PL1570 HEARING CERTIFICATION - L. G. EVERIST, INC. (USR#1326) PAGE 2 routes,and stated staff is requesting the applicant be required to pave Weld County Road 26 from the pit entrance to Weld County Road 13, and participate in the maintenance costs of Weld County Road 13 to Highway 66. He stated the Improvements Agreement will addresses all of those issues. Mr. Scheltinga stated the applicant has expressed some concern as to the fairness of proportional cost, when some of the other operators in the area may be subject to different requirements. Mr. Scheltinga stated the County has worked with this applicant in the past on other projects and there should not be a problem in reaching an agreement. Responding to Commissioner Jerke, Mr. Scheltinga stated approximately 50 percent of the traffic will go north,and 50 percent will go south. Pam Smith, Department of Public Health and Environment, stated Condition of Approval#2.E has been satisfied and can be deleted, and she requested Condition of Approval#2.L be amended to replace the word "obtained"with "submitted." Ms. Smith stated the applicant is anticipating there will be a period of setting up the site and Condition of Approval#2.F would delay recording the plat, therefore, she requested the Condition be moved under a new Condition #4 titled "Prior to operation of the Concrete Batch Plant:" and then renumber the following item. Chair Geile recessed the hearing until 1:30 p.m. Upon reconvening, Mr. Gathman responded to Commissioner Masden by stating the property is 82 acres. He further stated all mining will be located in the northern portion of the property next to the Last Chance Ditch. In response to Chair Geile, Mr. Gathman stated the proposed language for Development Standard#37 is informational. Mr. Morrison stated the language has existed for the past 7 years; however, this may be the first time it will be called out as a Development Standard. R. A. Everist represented L. G. Everist, Inc., and stated the company has been in Weld County for approximately 30 years, and this is their fifth operation. He stated Weld County has a significant sand and gravel deposit and has approximately 20 years of production left. Mr. Everist expressed concern with the burden being placed on the gravel industry in compensating the County for road improvements. He stated there needs to be a comprehensive set of standards to be followed by all operators in the industry. Mr. Everist requested a copy of the Intergovernmental Agreement between Firestone and the County, and he stated Condition of Approve#2.G needs to be clarified regarding potable water and what will be allowed. He explained there will be three to four months of setup to prepare the site for operation. He stated the definition of operation needs to be clarified as the actual mining activities, not the work to get the site prepared. He further stated he is in agreement with Condition of Approval#2.H regarding an Improvements Agreement;however,there are two other large gravel mining operations which generate a significant amount of truck traffic on the same roads and he wants to ensure they are also required to contribute in a similar manner. Mr. Everist referred to Development Standard #21 and requested the Board allow them to use recycled crusted asphalt as a surfacing material. He also requested Development Standard #32 be clarified that no aggregate materials will be imported; however, they will be allowed to import the materials (i.e., cement, fly ash) necessary to create concrete. Responding to Commissioner Vaad, Mr. Everist described the drainage structure and ditch system on this property. He stated there is a development of houses to the southwest; however, the homes are located over the crest of a hill, so they do not look down on this site. Chair Geile commented each gravel mine application is considered individually and the Board tries to ensure all are treated equally with standard agreements, etc. Mr. Everist explained there will be more and more attention drawn to the mining industry and he wants to ensure there is equal distribution as to cost. He acknowledged 2001-3028 PL1570 HEARING CERTIFICATION - L. G. EVERIST, INC. (USR#1326) PAGE 3 that gravel trucks do impact the roads, and his operation will generate more than 200 trucks. Responding to Commissioner Jerke, Mr. Scheltinga stated he has not reviewed the agreements for the other operators in the area; however, the County has always based the cost assessed for repairs on the proportional amount of impact caused by the mining operator. He stated the agreements have remained consistent over the past ten years and the contributions are based on the number of trucks or the amount of material being hauled. Mr. Morrison stated there may be some differences between what is required of the various miners; however, that is based on when the operation commenced and what was necessary at the time. Commissioner Jerke commented in the past there may not have been fees, but the County must evolve and adapt with changing circumstances. Chair Geile and Commissioner Masden each commented that there are other transportation issues off-site that still need to be addressed by CDOT because the intersection at Weld County Road 13 and Highway 66 is already dangerous, and additional trucks will only add to that situation. Mr. Scheltinga stated the traffic study does not address that intersection. No public testimony was offered concerning this matter. Chair Geile commented the Town of Firestone expressed concerns; however,this site is not within the Town's Urban Growth Boundary. Mr. Morrison stated the Town is still entitled to referral comments which have been addressed through the Conditions of Approval or Development Standards. (Switched to Tape #2001-50.) Chair Geile reviewed the changes requested by staff including the deletion of Condition #2.E, moving Condition#2.F under a new Condition#4 titled"Prior to Operation of the Gravel Operation," correcting Condition #2.L to replace the word "obtained" with "submitted," and adding a new Development Standard#37 as stated in Exhibit J. In response to Commissioner Vaad, Ms. Smith stated bottled water and portable toilet facilities are adequate for the setup phase; however, permanent services need to be in place for the actual operation of the facility. Ms. Smith stated the existing well could be reclassified to allow for the commercial operations; however, there is public water in the area which would also be sufficient, and the applicant is required to submit evidence that water is available prior to recording the plat. Commissioner Vaad commented bottled water is adequate during the setup time and a Development Standard addresses hand washing and toilet facilities once the applicant begins operation. To address the comments of the applicant, Chair Geile suggested Condition #3 be amended to "Prior to removal of product" to clarify the definition of operation. He stated Development Standard #19 can be deleted, Development Standard #21 could be amended to also allow recycled asphalt millings, and Development Standard #32 could be clarified to allow the importing of materials required to concrete batch plants. Commissioner Long suggested Development Standard #32 be amended to specify no aggregate materials will be imported. Mr. Scheltinga stated the Traffic Analysis does indicate the ramps on 1-25 at Highway 66 are currently at capacity; however, CDOT did not request upgrades or compensation. Commissioner Masden stated he is concerned about adding more trucks along Highway 66. Mr. Scheltinga stated the applicant will be required to contribute to the cost of adding a left turn lane on Highway 66 from Weld County Road 13. Commissioner Vaad commented there are other significant operations in this area that also impact the roads. Chair Geile commented the haul route is a concern and there will be an impact as indicated in the Traffic Study. Commissioner Jerke commented there will be a traffic signal at Highway 66 and Highway 85 which should help reduce some of the traffic concerns. 2001-3028 PL1570 HEARING CERTIFICATION - L. G. EVERIST, INC. (USR#1326) PAGE 4 Commissioner Jerke moved to approve the request of L. G. Everist, Inc., for a Site Specific Development Plan and Use by Special Review Permit #1326 for an Open Pit Gravel Mining Operation and 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 deleting Condition #2.E, amending Condition #2.L to replace the word "obtained" with "submitted," move Condition#2.F under a new Condition#4 titled"Prior to operation of the Concrete Batch Plant:"add Development Standard #37 to state, "In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special Review has not commenced from the date of approval or is discontinued for a period of three (3)consecutive years, it shall be presumed inactive. The County shall initiate an administrative hearing to consider whether to grant an extension of time to commence the use or revoke the Use by Special Review. If the Use by Special Review is revoked, it shall be necessary to follow the procedures and requirements of Division 4 of the Weld County Code in order to reestablish any Use by Special Review." The motion also included amending Condition#3 to state,"Prior to removal of product,"deleting Development Standard#19,amending Development Standard #21 to also allow recycled asphalt millings, amending Development Standard #32 to add the word "aggregate" before "materials," and renumber or reletter as appropriate. The motion was seconded by Commissioner Vaad. Chair Geile commented he is concerned with the health, safety, and welfare of County residents regarding the additional truck traffic on already heavily impacted roads. He stated there needs to be some discussion as to how the issue might be addressed in the future. Commissioner Jerke commented the applicant has indicated he is interested in having a series of work sessions with County staff and other industry members to discuss a way of resolving the problem of mining haul traffic throughout the County. Commissioner Masden commended the applicant for his willingness to attempt to address the traffic issues pertaining to gravel pits. He stated he does have concerns with traffic on Highway 66 traveling east and west, which is near an elementary school; however, there may be traffic signals in the future which may help. Upon a call for the vote, the motion carried unanimously. There being no further discussion, the hearing was completed at 2:25 p.m. 2001-3028 PL1570 HEARING CERTIFICATION - L. G. EVERIST, INC. (USR #1326) PAGE 5 This Certification was approved on the 19th day of November 2001. APPROVED: BOARD OF UNTY COMMISSIONERS WELD CO TY, COLORADO ATTEST: iLited &a.>3 J. Geile, Chair Weld County Clerk to the B rd a ,J // (11a .1enn Vaad, V BY: *%_/t. .1�!C..nr.�� {�F• _ // Deputy Clerk to the Boa%.Ou wt,t, ./ --1;_ ) (''//, 4_--F Willi H. Jere TAPE #2001-49 and #2001-50 CL."\ 6 vi E. Lo g DOCKET #2001-80 R bert D. Malden 2001-3028 PL1570 EXHIBIT INVENTORY CONTROL SHEET Case USR#1326 - L. G. EVERIST, 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 05/01/2001) D. Clerk to the Board Notice of Hearing E. Applicant Letter re: Conditions of Approval Prior to Scheduling BOCC hearing (08/14/2001) F. Public Works Staff Memo re: Traffic Study (07/06/2001) G. Applicant Letter re: Referral from Colorado Division of Wildlife (06/19/2001) H. Public Works Staff Memo re: Long-Term Road Maintenance Agreement (09/17/2001) Planning Services DMG Bulletin - October 1, 2001 J. Planning Staff Memo requesting Development Standard re: time frame K. L. M. N. O. P. Q. R. S. T. U. ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 14TH DAY OF NOVEMBER, 2001: (/�/7�I��, AGREN REPORTING 7r VIDEO, INC. DOCKET#2001-81 - Donald LaFaver 7 Registered Professional Reporters DOCKET#2001-80 - L. G. Everist, Inc. Certified Legal Video Specialists JIM) 8 £R Li AA, Ri'K PLEASE legibly write or print your name and complete address. 621 -17th Street 1-800-739-4846 Suite 2600 Fax: (303)296-0203 Denver,Colorado 80293 www.agren.com NAME ADDRESS A Legal Works Company John Doe 123 Nowhere Street, City, State, Zip .v0A LotimAiut 62J Lt LXk- : L L.C7Pl MOA,t Cu ` OSOLI I k OAO 'C to - A.34; 6�..5`1 LL C� lb Lc,�, ct w�c, CoA0 cscc4 7A'L-coLwL y. ,p0nil10 , c/ 9`6'/6' L4, -g ..ici ,' LO111n .O,rco 5t6' ? /1 /(2 re 6 47/7 c_.,41 �7,ID (ciCt ,3 ‘ �,i/��1 q�yd (Cel a Ss�� , ?,e--4 st-- ze) cu c y.', a, s= Lc�-fyn 7.- C'� rf��- .s-3y 't Ig( rC WC/ ()� rlwy 3O, (el iz Vc'vnvc (-tit' 'a,q Cj cet �j LL�w� 'I1 : r (aovi ✓.c� Nti CQ5 Cill1Y� C- b /friend 9V1.1 W io SSA 571. Lia/-r ./ ( ' ?o�_, 71Nre' MOC-- .2zss , is >/ jam S#and co SZ23oy //3�ev6 6hILC `I /60Q S�'0,-t Si.? 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