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Home My WebLink About20000685 HEARING CERTIFICATION DOCKET NO. 2000-13 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1255 FOR OPEN CUT GRAVEL MINING AND ASPHALT AND CONCRETE BATCH PLANTS IN THE A (AGRICULTURAL) ZONE DISTRICT - L. G. EVERIST, INC. A public hearing was conducted on March 22, 2000, at 10:00 a.m., with the following present: Commissioner Barbara J. Kirkmeyer, Chair Commissioner M. J. Geile, Pro-Tem Commissioner George E. Baxter Commissioner Dale K. Hall - EXCUSED Commissioner Glenn Vaad Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Lee Morrison Planning Department representative, Sheri Lockman Health Department representative, Sheble McConnellogue Public Works representative, Don Carroll The following business was transacted: I hereby certify that pursuant to a notice dated March 6, 2000, and duly published March 9, 2000, in the South Weld Sun, a public hearing was conducted to consider the request of L. G. Everist, Inc., for a Site Specific Development Plan and Special Review Permit#1255 for Open Cut Gravel Mining and Asphalt and Concrete 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 which is approximately 85 acres. She stated the surrounding property uses are agricultural in nature, and there are nine homes located between the site and Weld County Road 18. Ms. Lockman explained the applicant will place a six-foot berm along the north edge of the property, and added there is an existing gravel mining operation one-half mile north of this site. She further stated seven referral agencies responded favorably to this proposal, seven did not respond, and one letter of concern has been received from a surrounding property owner. Ms. Lockman recommended amending Development Standard #20 to state, "Proper building permits shall be obtained prior to construction, demolition, or excavation, and any asbestos related inspections shall be conducted as required by Regulation 8 of the Colorado Air Quality Commission. Part of the permit application process includes a complete plan review." She further requested Development Standard#3.a be amended to state, "No fill, berms, or stockpiles shall be placed in the One Hundred (100) Year Flood Plain of the South Platte River which would obstruct passage of flood flows." In response to Commissioner Vaad, Sheble McConnellogue, Department of Public Health and Environment, stated it is a standard requirement that a structure be inspected for the presence of asbestos prior to demolition to prevent asbestos being hauled and placed in a landfill. Responding to Commissioner Baxter, Ms. McConnellogue stated the structure must be inspected by a certified asbestos inspector who will submit a report to the County and ensure asbestos is properly disposed of prior to demolition of the structure. In response to Commissioner 2000-0685 PL1396 cc? .PP2 ; 112 A4J HEARING CERTIFICATION - L. G. EVERIST, INC. (USR#1255) PAGE 2 Geile, Ms. McConnellogue stated Section 44 of the Weld County Zoning Ordinance allows for operation of sand and gravel mines during daylight hours, and the applicant is requesting that under special circumstances, they be allowed to mine 24 hours a day. Chair Kirkmeyer commented Development Standard #30 should be amended to change the word "shall"to "may." In response to Commissioner Geile, Don Carroll, Department of Public Works,stated the applicant has indicated there will be approximately 80 round trips per day. He stated the applicant has submitted a traffic impact analysis which has not yet been reviewed; however, it will help identify necessary improvements to the intersection of Weld County Road 18 and Highway 85. Mr. Carroll stated the necessary improvements will be incorporated in a Road Improvements Agreement. Responding to Chair Kirkmeyer, Ms. Lockman stated Condition of Approval #2.L needs to be corrected because the temporary access will not create a parcel split and it will be closed once the gravel mining ceases. In response to Chair Kirkmeyer, Mr. Carroll stated he is requesting the applicant be required to pave the approach and provide dust suppressant from the end of the paving to the facility. In response to Commissioner Geile, Ms. Lockman stated there will be an asphalt batch plant in addition to the concrete batch plant, and initially they will be located in the southwest corner of the property. Mr. Morrison stated the sentence regarding the creation of a parcel split is not necessary and can be deleted. Rick Everist represented the applicant and gave a brief history of L. G. Everist, Inc., which has been in existence since 1876. Mr. Everist stated L. G. Everist, Inc., provides wholesale products for large civil construction projects. He stated this site was purchased a year and a half ago, and he displayed overheads, marked Planning Commission Exhibit 24, showing views of surrounding properties. Mr. Everist stated a temporary access will be placed west of the existing access for the benefit of surrounding property owners, and it will be moved back once the mining is complete. He further stated the Lupton Bottom Ditch will be relocated for mining purposes and then replaced, as indicated in an agreement which is being reviewed by the Ditch Company. Mr. Everist explained the site will initially be located in the southwest corner of the property while Phase 1 of the mining is conducted. Once Phase 1 is complete,the mining operation will be moved into the 30-foot-deep mining pit and will not be visible to surrounding properties. He further stated the company will use dry mining processes, and will place a slurry wall around the entire perimeter of the property. Mr. Everist stated following completion of the mining, the pit will be used as a water storage reservoir. Chair Kirkmeyer commended the applicant for resolving issues with the surrounding property owners prior to the hearing. In response to Commissioner Baxter, Mr. Everist indicated the location of the surrounding residences. He stated the company has committed to mitigate any effects the operation may have on surrounding water wells, and the berm will be seeded with grass and vegetation. No public testimony was offered concerning this matter. In response to Chair Kirkmeyer, Mr. Everist stated he has reviewed and agrees with the Conditions of Approval and Development Standards with the proposed changes. Responding further to Chair Kirkmeyer, Mr. Everist stated Top Operating, Duke Energy, and HS Resources have all been contacted and it is just a matter of finalizing an agreement with each of them to comply with Condition of Approval #2.D. He further stated within the next thirty days, the company will begin an engineering study to review the structural integrity of the site for a slurry wall. The study will determine soil conditions and generate drawings and information to be used by the State Engineer. In response to Chair Kirkmeyer, Mr. Everist stated the applicant is aware of the Access Management Plan for Highway 85 and anticipates more improvements will be required in the future 2000-0685 PL1396 HEARING CERTIFICATION - L. G. EVERIST, INC. (USR #1255) PAGE 3 as the Highway expands with growth. Responding to Commissioner Baxter, Mr. Everist estimated approximately ninety percent of the traffic will travel south on Highway 85 for the first few years; however, halfway through the mining process it is probable that materials will need to be hauled to the northern portion of the County based on growth patterns in the area. He stated the issue of crossing the Highway to travel north will be influenced by how much development happens in the future. Mr. Everist further stated he understands and agrees with the proposed changes to Development Standard #20. In response to Commissioner Geile, Mr. Everist stated at this point the site is just within the three-mile growth plan of the Town of Fort Lupton, and L. G. Everist, Inc., does intend to serve the Town's water storage needs. Commissioner Vaad moved to approve the request of L. G. Everist, Inc., for a Site Specific Development Plan and Special Review Permit#1255 for Open Cut Gravel Mining and Asphalt and Concrete 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,with changes to Condition of Approval 2.L,and Development Standards #3.a, #20, and #30 as discussed above. The motion was seconded by Commissioner Baxter, and it carried unanimously. This Certification was approved on the 27th day of March, 2000. APPROVED: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO A� ATTEST: I ��d %f' I /�, L1,luzib Jr/aloe . irkmeyer, Chair Weld County Clerk to the � :0 -• f /, el6'Y . J G i e, Pro-Tem , BY: • �� , Deputy Clerk to the Bow r/ �� George E. Baxter TAPE #2000-07 EXCUSED Dale K, Hall DOCKET#2000-13 ,t/trr4//'of A P\ Glenn Vaa — — 2000-0685 PL1396 EXHIBIT INVENTORY CONTROL SHEET Case USR#1255 - 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 02/15/2000) D. Clerk to the Board Notice of Hearing E. Applicant Traffic Study F. Planning Staff Recommended Language G. H. ,I. K. L. M. N. O. P. O. R. S. T. U. V. ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 22ND DAY OF MARCH, 2000: DOCKET#2000-12 - HOUA "RICK" THAO AND MEE LO DOCKET#2000-13 - L. G. EVERIST, INC. 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 Ci lb() 2 � ec 1-O I i at a we i T (i q cj -Kt , ," 57 0 69 E-19-- -D0c - I - el eyf-rsr-) L. MA-yeR__. , W . i . . laic L 7--) E3"-'=' AAA__ C- o Hello