HomeMy WebLinkAbout20011454.tiff HEARING CERTIFICATION
DOCKET NO. 2001-37
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1329
FOR AN OPEN PIT GRAVEL MINING OPERATION AND CONCRETE BATCH PLANT IN
THE A(AGRICULTURAL) ZONE DISTRICT - LOVELAND READY MIX, INC.
A public hearing was conducted on June 20, 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, Robert Anderson
Health Department representative, Charlotte Davis
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated June 1, 2001, and duly published June 6, 2001, in
the Tri-Town Farmer and Miner, a public hearing was conducted to consider the request of
Loveland Ready Mix, Inc.,for a Site Specific Development Plan and Use by Special Review Permit
#1329 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. Chair Geile
advised Alex Schotz, representing the applicant,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. Mr. Schotz indicated the applicant would like to proceed
today.
Robert Anderson, 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 ten referral
agencies responded with proposed conditions, three agencies indicated no conflicts, and he
received one telephone inquiry. In response to Chair Geile, Mr.Anderson stated the improvements
agreement has been clarified to distinguish between on-site and off-site improvements, and the
applicant is in agreement.
Drew Scheltinga, Department of Public Works, stated there are traffic and improvement issues
which still need to be resolved due to the location of the site. He explained they are located
adjacent to Weld County Road 13, which is the border between Weld and Larimer Counties. He
stated there will be a meeting tomorrow morning between Weld County, CDOT, and Larimer
County to discuss the issues. Mr. Scheltinga stated the draft resolution requires an improvements
agreement; however, the terms of the agreement still have to be finalized. He further stated the
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HEARING CERTIFICATION - LOVELAND READY MIX, INC. (USR #1329)
PAGE 2
applicant has submitted a traffic and supplemental report, which have been reviewed and
approved. Mr. Scheltinga stated Larimer County has expressed concerns regarding the structural
adequacy of Larimer County Road 18 extending from Weld County Road 54, the intersection of
Larimer County Road 18 and 1-25 and Highway 402, deceleration turn lanes, and payment of the
Larimer County Expansion fee. He stated Weld County staff has concerns with the intersection
of Weld County Roads 13 and 54, adequate deceleration lanes due to high traffic speeds,
acquisition of right-of-way, and the need for a structural roadway engineering to figure the cost
compensation due to the amounts of traffic generated. In response to Commissioner Jerke, Mr.
Scheltinga stated if the adjacent property owners do not cooperate in allowing turn lanes, the
applicant may not be able to proceed. Mr. Morrison stated the permit will not be eliminated;
however, if the issues cannot be resolved, it will not become effective unless an amendment is
approved or a waiver is granted by the Board.
Mr. Schotz stated the existing right-of-way is not yet at full build out, and additional right-of-way
could be dedicated from the applicant's property for turn lanes if necessary. Responding to
Commissioner Jerke, Mr. Scheltinga stated Weld County Road 54 will have 80 feet of right-of-way
at full build out. Responding to Chair Geile, Mr. Schotz stated the applicant has agreed to the
Capital Expansion fees from Larimer County.
No public testimony was offered concerning this matter. In response to Mr. Morrison, Mr.
Scheltinga concurred Condition of Approval#3.A should be amended to add"by the applicant"after
the word "completed" because Weld County is not doing any of the improvements. In response
to Chair Geile, Mr. Morrison stated the remaining Conditions and Development Standards should
not conflict with the future discussions with CDOT and Larimer County. He explained the words
"shall attempt" also leave some room for making exceptions to the Conditions if the applicant is
unsuccessful in meeting all of Larimer Counties requests. In response to Chair Geile, Mr. Schutz
stated he and the applicant have reviewed and agree with the Conditions of Approval and
Development Standards, as well as the proposed change to Condition of Approval #3.A.
Commissioner Jerke moved to approve the request of Loveland Ready Mix, Inc.,for a Site Specific
Development Plan and Use by Special Review Permit #1329 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
amending Condition of Approval #3.A to add "by the applicant" after the word "completed." The
motion was seconded by Commissioner Masden, and it carried unanimously.
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HEARING CERTIFICATION - LOVELAND READY MIX, INC. (USR#1329)
PAGE 3
This Certification was approved on the 25th day of June 2001.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD NTY, COLORADO
ATTEST: /�I teiki E Lis 2Y/ 41)
M. J. eile, Chair
Weld County Clerk to the 'a . �o .'g6' ( 'yn�� - XCUSED
41P
lenn Vaad, Pro-Tern
BY:
Deputy Clerk to the Boa�. ! ��
Wi H. Jerke
TAPE #2001-26
D+id Lon., \ '
DOCKET#2001-37
Robert D. M.sden
2001-1454
PL1520
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1329 - LOVELAND READY MIX, 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. Planning Staff Letter from Applicant re: Oil and gas
facilities (05/01/2001)
F. Planning Staff Letter from Banks and Gesso, LLC, re:
Preliminary Site Investigation (05/08/2001)
G. Planning Staff Letter from Croissant Family Trust, c/o Viola
Croissant re: Oil and gas facilities
(05/01/2001)
H. Planning Staff Photo of sign posted on site
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 20TH DAY OF JUNE, 2001:
DOCKET#2001-36 - EDWARD AND JANET SCHMIDT
DOCKET#2001-37 - LOVELAND READY MIX, INC.
DOCKET#2001--
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
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