HomeMy WebLinkAbout20003273.tiff HEARING CERTIFICATION
DOCKET NO. 2000-81
RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW
PERMIT #1125 FOR AN OPEN CUT GRAVEL MINING OPERATION, ASPHALT AND
CONCRETE BATCH PLANTS, AND A RECYCLING PLANT IN THE A(AGRICULTURAL)
ZONE DISTRICT - HALL-IRWIN CORPORATION
A public hearing was conducted on December 27, 2000, at 10:00 a.m., with the following present:
Commissioner Barbara J. Kirkmeyer, Chair
Commissioner M. J. Geile, Pro-Tern
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Chris Gathman
Health Department representative, Sheble McConnellogue
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated December 11, 2000, and duly published
December 14, 2000, in the South Weld Sun, a public hearing was conducted to consider the
request of Hall-Irwin Corporation for a Site Specific Development Plan and Amended Use by
Special Review Permit #1125 for an Open Cut Gravel Mining Operation, Asphalt and Concrete
Batch Plants, and a Recycling 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 stated fourteen referral agencies reviewed this
case and nine responded with comments. Mr. Gathman submitted two letters from Patrick Groom
and Mary Tigges, marked Exhibits E and F, as well as a Memorandum from staff, marked
Exhibit G, requesting amendments to the Conditions of Approval.
In response to Commissioner Geile, Mr. Gathman stated the response from the Fire Protection
District regarding fire hydrants pertains to the original permit for the existing operation. He
explained under this proposal, there will be no new structures; however, if they construct new
fueling operation structures, they will be required to submit new plans and meet the Fire District
requirements. Mr.Gathman stated the site is within the Windsor-Severance Fire Protection District.
Sheble McConnellogue, Weld County Department of Public Health and Environment, stated
Development Standards #9 can be deleted because it does not apply to this application. She
stated the site will be using the existing system.
Danna Ortiz, Rocky Mountain Consultants, represented the applicant and stated they agree with
staffs comments, and she clarified there will be no new fuel tanks. Ms. Ortiz requested Condition
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of Approval #2.B be amended so the applicant is not required to submit a revised Reclamation
Plan. She explained the ponds are designed for a fish hatchery and cannot be changed. Ms. Ortiz
stated they have received approval from the Mined Land Reclamation Board. In response to
Commissioner Geile, Don Carroll, Department of Public Works, stated Condition of Approval#2.H
was added because the County plans to redesign and straighten curves along 83rd Avenue (Two
Rivers Parkway) between Greeley and Windsor as part of the safety projects in 2002. Mr. Carroll
stated staff is requesting the applicant meet with the County engineer to ensure Pond"H"does not
lie within the proposed design. Ms. Ortiz stated they met with Diane Houghtaling, Department of
Public Works, prior to the Planning Commission hearing and the applicant is willing to work with
the Department of Public Works. She explained they will mine a lower portion of the site first to
allow the Department of Public Works to complete their design and give direction as to the
boundary allowed for Pond "H". In response to Chair Kirkmeyer, Mr. Carroll stated the applicant
will need to reconfigure the pond if it lies in the path of the new roadway. Ms. Ortiz stated they
could mine the area from west to east so the road design is complete before the mining comes
close to the area. Mr. Carroll stated the project will not go to design until 2002, and he just wants
the applicant to be aware of the potential need for changes depending on the future location of the
road. Mr. Morrison stated if the mining is done in phases, the design will likely be complete prior
to mining the eastern end of Pond "H". Chair Kirkmeyer suggested Condition of Approval#2.H be
amended to require the applicant to submit evidence of verification of the location of the new road,
as well as a means of resolving any future conflicts.
Jeff Gregg, applicant, stated the southwest corner of the property is anticipated to take two years
to mine, and they are willing to mine Pond "H" from east to west to allow further time to complete
the roadway project design. Chair Kirkmeyer reiterated that Condition of Approval #2.H needs
amended to provide a means of reconciliation if necessary. Mr. Gregg explained the property
owners are planning on developing a Planned Unit Development around the pond once the mining
is complete,and he would like to ensure that the roadway design and mining do not delay his plans
for the property.
Anthony Antuna, surrounding property owner, stated he and his wife recently moved into their
parents' home, and they received a letter from Rocky Mountain Consultants requesting they sign
a waiver for one of their wells. Mr.Antuna stated there are two additional wells on his property;one
is capped and inactive, and the other is not used. In response to Chair Kirkmeyer, Mr. Antuna
stated they are all domestic wells, and he is concerned that the letter from the applicant's
representative only shows one well. He reiterated there are permits for two and one is capped and
not active. Mr. Morrison stated a similar issue was discussed at the Planning Commission by a
different property owner, and that situation was resolved with an agreement indicating that any
impact to the wells will be addressed by the applicant. He recommended the Board ask the
applicant if they would be willing to provide well monitoring for Mr. Antuna's property. In response
to Commissioner Hall, Mr. Antuna stated he wants to ensure there will be no impact to their wells
and if there is an impact, he wants the water replenished. Responding to Commissioner Baxter,
Mr. Antuna stated the wells are not very deep, and the active well is used for domestic purposes
and to irrigate one-acre of pasture land. Mr. Gathman referred to a letter dated September 27,
2000,from Rocky Mountain Consultants to Robert Burroughs representing an adjacent well owner.
He stated the letter indicates they will conduct monitoring on wells owned by Mary Tigges, and
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added one of the conditions that had to be met prior to this hearing addressed the concerns of Ms.
Tigges. Mr. Morrison stated Development Standard#27 requires the applicant to comply with the
operation standards of Section 44 of the Zoning Ordinance which states a mining operation cannot
impact other property rights. In response to Chair Kirkmeyer, Mr. Morrison indicated there is an
enforceable agreement for proper well monitoring with Ms. Tigges, and a similar agreement could
be made to satisfy the concerns of Mr. Antuna. In response to Commissioner Baxter, Mr. Antuna
stated they have no agreement for well monitoring, nor have they signed the waiver. In response
to Commissioner Hall, Mr. Antuna stated he is not opposed to the proposal, he simply wants to
ensure their wells will not be damaged. There being no further comments, Chair Kirkmeyer closed
public testimony.
Ms. Ortiz explained for dewatering and washing purposes, the applicant is required to get a well
permit which requires they obtain waivers from all of the surrounding property owners within 600
feet. She stated it is unclear why the other two wells referenced by Mr. Antuna did not show up in
their research; however, Hall-Irwin does install monitoring wells near existing wells, and would be
willing to enter into an agreement which will require them to replenish any loss to surrounding wells.
In response to Commissioner Geile, Ms. Ortiz stated the applicant has no concern with removing
the words "Landscape Materials" and "Wholesale -Retail" from the sign adjacent to 83rd Avenue
as proposed by staff in Exhibit G. Responding to Chair Kirkmeyer, Ms. Ortiz stated she and the
applicant have reviewed and agree with the Conditions of Approval and Development Standards
as discussed. Mr. Carroll suggested Condition#2.H be amended to state, "Prior to mining of Pond
"H,"the applicant shall submit evidence of a reconciliation plan to the Department of Public Works."
Ms. Ortiz expressed concern with the proposed language and requested they simply meet with staff
to verify the roadway design rather than submit a reconciliation plan. Mr. Morrison submitted
alternate language to state, "Pond "H" shall be reconfigured to avoid conflict with 83rd Avenue
should the design of the reconfiguration conflict with the design of Pond "H."" He stated the intent
is not for the applicant to submit a formal plan but to indicate their agreement not to mine the
eastern portion of Pond "H"to the extent that it may conflict with the future road design. Mr. Gregg
expressed concern with a potential delay in the County project which would prohibit them from
completing their mining, and suggested language be added to give a specific time for completion
of the road design. Chair Kirkmeyer suggested moving the Condition so this does not delay
recording the plat. Mr. Gregg expressed concern with delaying the mining in Pond "H" because
it could result in a significant financial loss. Mr. Morrison reiterated the intent is to allow mining of
Pond "H" with the exception of one corner. Chair Kirkmeyer proposed a sentence be added to
Condition#2.H to state, "Prior to mining the eastern portion of Pond"H,"the assurance that conflict
with 83rd Avenue has been avoided." In response to Chair Kirkmeyer, Mr. Gathman stated he has
no concerns with deleting Conditions #2.B; however, he does have concern with deleting #2.G in
its entirety because he has not received documentation of review by the Colorado Geological
Survey. Ms. Ortiz suggested the Condition be amended to replace"Colorado Geological Survey"
with"Colorado Division of Minerals and Geology"since they issue the mining permit. Responding
further to Chair Kirkmeyer, Mr.Gathman suggested Condition#2.M be added prior to recording the
plat, to state, "The applicant shall address the concerns of the property owner adjacent to mining
parcels 1 and 3 concerning any permitted or registered domestic wells. Evidence of such shall be
submitted in writing to the Department of Planning Services." In response to Commissioner Geile,
Mr. Gregg agreed with the proposed verbiage for Condition of Approval#2.H, but requested a time
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restriction be added. Mr. Carroll indicated it will be difficult to assign a specific date because the
design of the road has not been scheduled. Commissioner Vaad suggested indicating a specific
distance from the west and south rights-of-way which would not be mined prior to the end of 2002.
Chair Kirkmeyer suggested Condition of Approval#2.H be deleted and a new Condition of Approval
be added to state, "Prior to December 31, 2002, and prior to mining the eastern portion of Pond
"H," the applicant shall meet with the Department of Public Works to verify the location of the
proposed reconfiguration of the curve on 83rd Avenue at Weld County Road 64.5 and if determined
realignment will conflict with proposed Pond "H" on the Reclamation Plan. Evidence of this
verification shall be submitted to the Department of Planning Services, as well as assurance that
conflict with 83rd Avenue has been avoided," and delete Condition#2.H. Mr. Gregg clarified they
would prefer some flexibility to allow mining the area if the road design is complete without conflicts
prior to 2002. In response to Commissioner Geile, Mr. Carroll stated the right-of-way on 83rd
Avenue is 100 feet. In response to Chair Kirkmeyer, Mr. Gregg stated they will not start mining
Pond "H" for approximately two years. Responding to Mr. Morrison, Ms. Ortiz stated Pond "H" is
approximately 2,100 feet wide from east to west.
Billy Roberts, property owner of Pond "H" area, stated he is going to propose a Planned Unit
Development around the pond once it has been mined. He stated after speaking with the State,
and the Cities of Greeley and Windsor, he has seen no official plans for the proposed road
improvements. Mr. Roberts stated there is a power line that currently parallels 83rd Avenue, and
any expansion will be faced with opposition to moving the power poles. He further stated it would
be better to extend the road north across the railroad tracks and then turn west. Mr. Roberts stated
the City of Windsor has indicated it does not want traffic directed through downtown. They are
proposing the road be located one mile north of town. He stated he is not opposed to changing
the route of the road because it is dangerous; however, he is concerned that there may be future
delays that affect his development plans. Commissioner Baxter agreed the road needs to be
designed with a curve suitable for traffic traveling 55 miles per hour,and Commissioner Hall added
if the County does not have the new roadway designed by the end of 2002, then the applicant
should be allowed to mine the area as planned. Commissioner Hall further stated the applicant
should be provided with some surety that mining only a small portion of the eastern end may be
delayed. Chair Kirkmeyer clarified she would like to delete Condition #2.H and add a new
Condition #4 to state, "Prior to December 31, 2002, the applicant shall meet with the Department
of Public Works to verify the location of reconfiguration and determine if realignment would conflict
with proposed Pond "H" on the Reclamation Plan. Evidence of verification shall be submitted to
the Department of Planning Services as well as verification that conflict with 83rd Avenue has been
avoided prior to mining the far easterly portion of Pond "H." Mr. Gregg clarified there is 600 feet
west of 83rd Avenue which should be sufficient for expanding or moving the future road. Ms. Ortiz
added the only exception to the 600-foot separation is at the curve in the road. In response to
Commissioner Geile, Mr. Gregg stated the transmission lines go straight north and the current road
passes under the lines at the curve. Commissioner Geile stated there may be difficulty expanding
the road due to the power transmission lines and he is not opposed to deleting Condition#2.H; he
simply wanted to ensure there would not be a future conflict.
George Hall, applicant, reiterated there is 600 feet of separation from the edge of the existing right-
of-way to the mining boundary and additional space to the edge of the pond. Mr. Hall indicated
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there is adequate room for any changes and there will be no conflict. He explained if the southern
portion is completed early and they have demand for gravel, concrete, and asphalt, a delay would
result in a tremendous loss. Mr. Carroll stated his remaining concern is with the location of the
power tower in relation to the future placement of the curve. Commissioner Geile reiterated that
based on the large are of separation between the existing right-of-way and the mining boundary,
he feels Condition of Approval#2.H can be deleted. In response to Commissioner Baxter, Mr. Hall
stated the setback from the edge of the right-of-way to the mining area is 200 feet.
Chair Kirkmeyer expressed concern with considering the placement of a road that has not been
designed. She indicated concern with deleting Condition #2.H because if there are conflicts with
placement of the road in the future, it would be very expensive to the County and property owner
to make alterations to the plans. She stated it is better to resolve the issue now and she is willing
to shorten the deadline for completing the road design. Commissioner Hall suggested the design
deadline be moved up to the end of 2001, and Mr. Hall agreed that December 31, 2001, would be
sufficient because it will allow flexibility if the market changes.
Commissioner Hall moved to approve the request of Hall-Irwin Corporation for a Site Specific
Development Plan and Amended Use by Special Review Permit #1125 for an Open Cut Gravel
Mining Operation,Asphalt and Concrete Batch Plants, and a Recycling 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,and delete
Condition #2.B, correct Condition #2.C to add the word "Windsor" which was previously stricken
out, add Condition #2.K to state, "The applicant shall apply for, and receive, a building permit for
the identification sigh adjacent to 83rd Avenue," add Condition of Approval #2.L to state, "The
words"Landscape Materials, and "Wholesale/Retail" shall be removed from the identification sign
adjacent to 83rd Avenue," delete Condition #2.H, add a new Condition #4 to state, "Prior to
December 31, 2001, the applicant shall meet with the Department of Public Works to verify the
location of reconfiguration and determine if realignment would conflict with proposed Pond "H" on
the Reclamation Plan. Evidence of verification shall be submitted to the Department of Planning
Services as well as verification that conflict with 83rd Avenue has been avoided prior to mining the
far easterly portion of Pond "H," add a new Condition #2.M to state, "The applicant shall address
the concerns of the property owner adjacent to mining parcels 1 and 3 concerning any permitted
or registered domestic wells. Evidence of such shall be submitted in writing to the Department of
Planning Services," delete Development Standard #9, and renumber and reletter as necessary.
The motion was seconded by Commissioner Baxter. Chair Kirkmeyer clarified the motion also
needs to include the applicant's request to amend Condition#2.G to replace"Colorado Geological
Survey" with "Division of Minerals and Geology." Upon a call for the vote the motion carried
unanimously.
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This Certification was approved on the 3rd day of January 2001.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COLO DO
ATTS7; (jai
Barbara J. ' meyer, Chair
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eric ���
M. Jro- em ii ,r
U 0 orge . Baxter
TAPE #2000-40 and #2000-41 s I
Dale K. all
DOCKET#2000-81 A/d,(tq 1 t X
Glenn Vaad
2000-3273
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1125 - HALL-IRWIN CORPORATION
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 09/19/2000)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Letter from Patrick Groom (12/06/2000)
F. Planning Staff Letter from Mary Tigges (11/21/2000)
G. Planning Staff Memorandum re: Amendments to
Conditions of Approval
H.
J.
K.
L.
M.
N.
Q.
P.
Q.
R.
S.
T.
U.
V.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 27TH DAY OF DECEMBER, 2000:
DOCKET#2000-81 - 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 Zip Code)DOCKET#OF HEARING ATTENDING
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