HomeMy WebLinkAbout20000220.tiff HEARING CERTIFICATION
DOCKET NO. 2000-01
RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1237 FOR
OPEN CUT GRAVEL MINING AND A BATCH PLANT IN THE A(AGRICULTURAL)ZONE
DISTRICT - LOVELAND READY MIX CONCRETE, INC.
A public hearing was conducted on January 19, 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
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Anne Best Johnson
Health Department representative, Sheble McConnellogue
Public Works Director, Frank Hempen, Jr.
The following business was transacted:
I hereby certify that pursuant to a notice dated January 3, 2000, and duly published January 6,
2000, in the South Weld Sun, a public hearing was conducted to consider the request of Loveland
Ready Mix Concrete, Inc., do Gary Tuttle, Tuttle Applegate, Inc., for a Site Specific Development
Plan and Special Review Permit #1237 for Open Cut Gravel Mining and a Batch Plant in the
A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of
record. Anne Best Johnson, 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. Johnson gave a brief description of the location of the site and submitted various
documents, marked Exhibit E, which were received after the Planning Commission hearing.
Gary Tuttle, Tuttle Applegate, Inc., represented the applicant and stated the applicant purchased
this property several years ago and Loveland Ready Mix Concrete is operated as a family business.
He stated the site is currently a pasture, and he gave a brief description of the surrounding uses.
Mr. Tuttle indicated the location of the processing site which will crush and screen the gravel and
stated because this is a small business, the applicant will need to haul in the sand and gravel for
the first six months as indicated in the Planning Commission Resolution to allow for the
establishment of a customer base. He indicated the location of future mining cells throughout the
property, and stated the site will produce between 150,000 and 200,000 tons of concrete per year
during maximum production. Mr. Tuttle stated the applicant intends to mine and stockpile material
and then process for a period before mining again. He further stated once the mining is complete,
the pits will be filled and converted into lakes; the existing trees will be preserved along the river;
setback requirements will be observed between the river and the future lakes; the site will be
serviced by the City of Loveland water to be used for production, as well as the Little Thompson
Water District for potable water; and the applicant will follow the mined land reclamation
requirements. Mr. Tuttle stated the initial operation will consist of five mixing trucks with 10
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employees. Later the applicant intends to increase to approximately 25 employees and 12 mixing
trucks, which will result in approximately 80 trips per day. Mr. Tuttle stated the applicant has
committed to paving Weld County Road 48.5, and the trucks will access State Highway 257,
traveling either north or south. He stated in July 1999, the applicant conducted a test by loading
four trucks and driving north up the hill on State Highway 257. The average truck speed at the top
of the hill had decreased to approximately 35 miles per hour and the applicant will instruct all its
truck drivers to pull over onto the paved shoulder to allow traffic to pass. Mr. Tuttle further stated
the applicant will landscape and berm along Weld County Road 48.5; mining will occur
approximately 500 feet from the closest home in the Mad Russian Planned Unit Development; and
dust control measures will be used on-site, as well as on the local road. Mr. Tuttle referred to a
letter dated July 14, 1999,from the Colorado Division of Wildlife regarding its survey of endangered
species on-site; he stated in approximately 15 years there will be a river crossing to access the
northern dig sites; and the proximity of the operation in relation to the river will be determined by
the seasons, level of the river, and wildlife in the area. Mr. Tuttle stated the applicant did attempt
to annex into the Town of Milliken with a petition including 24 points of agreement; however, after
three months the Town decided not to accept the petition, and submitted a letter, dated
December 3, 1999, marked Exhibit EEE, to the County requesting certain conditions be placed on
the application if approved through Weld County. Mr. Tuttle reviewed the landscaping plan which
will help screen the operation from the surrounding properties; submitted and reviewed a cross-
section drawing, marked Exhibit FF; and stated the Colorado Mined Land Reclamation Board
approved the application in December. He further stated during the initial phase of the operation,
the nearby wells of neighbors along Weld County Road 48.5 will be drawn down; however, the
applicant is willing to compensate the surrounding property owner for the purchase of water from
the Little Thompson Water District, as well as provide irrigation water from the mining ponds. Mr.
Tuttle referred to Colorado statutes concerning mineral extraction which supports this type of
operation at this site. He stated the Milliken Comprehensive Plan designates this area as open
space, east of the site is zoned industrial, north is zoned residential, and south is zoned for
commercial/office uses. Mr. Tuttle explained the Milliken Comprehensive Plan and Conservation
District allows for commercial mining as a Use by Right. Mr.Tuttle requested Condition of Approval
#2.A be amended so it is consistent with the setback requirements of the Division of Wildlife; he
stated the applicant has already addressed Condition of Approval #2.D; and the applicant would
like to amend Development Standard#11 to allow the option to use conveyors or trucks based on
what the Corp of Engineers might require. He reiterated that this will be a small-scale operation
with limited impacts on the surrounding properties, and it complies with the Weld County
Comprehensive Plan.
In response to Commissioner Geile, Steve Fancher, Loveland Ready Mix, stated there is an
agreement with Windy Gap Water from the City of Loveland to purchase 200-acre feet of reusable
water, which will be conveyed down the river with only four percent river loss. He further stated the
Little Thompson Water District line located on the south side of the property will be used for potable
water. Mr. Fancher stated they are projecting 75 trips in each direction at peek production, and Mr.
Tuttle added the amount of trips includes all employee traffic. In response to Commissioner Geile,
Mr.Tuttle stated once each cell is mined it will be reclaimed when mining begins on the next mining
cell, and no mining will occur from two cells at the same time. Responding further to Commissioner
Geile, Mr. Fancher stated the augmentation plan has been submitted for review. Mr. Tuttle stated
during the winter there is little water in the river, therefore, the Division of Minerals and Geology will
allow the applicant to work within 150 feet of the river, and during the spring and summer season,
a 200-foot setback will be imposed, as well as backfilling if necessary. He further stated the septic
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system will be located near the office and will be required to have an elevated, engineered system
to help prevent discharge during flooding. Responding to Commissioner Hall, Mr. Tuttle stated the
Colorado Department of Transportation (CDOT)did not respond regarding the impact, or possible
improvements to State Highway 257. He stated according to the Access Code, this project will not
create the need for additional improvements, due to the current traffic levels, and added the option
of using the shoulder as a driving lane was not discussed. Mr. Tuttle stated the denial from the
Town of Milliken was a surprise because the process appeared to be going well, all necessary fees
had been paid, and in the end the Town just appeared not to be interested and declined to set
hearing dates. In response to Commissioner Vaad, Mr. Tuttle stated the applicant purchased the
property in 1998, and confirmed that crossing the river as indicated in Development Standard#11
will not be allowed without a 204 Permit. He further stated the use of conveyors may not be
practical for a smaller operation;there are no plans for development of the remaining land after the
mining process is complete; however, there is the potential for a trail through the area; and the
permit may need to be amended to allow hauling in materials once the mining is complete. In
response to Commissioner Baxter, Mr. Fancher stated the next closest mining operation is
approximately 2 or 3 miles up river, and added the applicant has been in operation for many years
with sites in Loveland and Boulder. In response to Commissioner Vaad and Chair Kirkmeyer, Mr.
Tuttle stated the applicant does not own any of the surrounding property, and the Milliken sewer
system is approximately one mile away. Mr. Fancher added the septic system will have to be
elevated for flood plain requirements, and use of water from the Little Thompson Water District
seemed more practical than waiting for the new Milliken water line along State Highway 257. In
response to Commissioner Geile, Sheble McConnellogue, Weld County Department of Public
Health and Environment, stated she did not review the water augmentation plan because it is not
related to the local Health Department, and Ms. Johnson added the County relies on the State
recommendation. Ms.Johnson indicated the application materials do not indicate the same mining
cells as shown in the applicant's presentation and she wants to ensure the Division of Minerals and
Geology reviewed the appropriate plans.
Ted Chavez, Mayor of Milliken, stated he is a life-long resident of Milliken;the site is currently being
used as a pasture; it is located within Milliken's Urban Growth Boundary; and the operation is based
on growth and if growth stops, the operation will cease and leave the Town with an unwanted site.
Mayor Chavez expressed concern that the shoulder area of the Highway is not adequate for truck
traffic; it is not appropriate for trucks to cross the river; this is a large operation in relation to the size
of the community; and it will negatively impact the residents of the Mad Russian Planned Unit
Development. In response to Chair Kirkmeyer, Mayor Chavez indicated the location of the various
zones as designated by the Milliken Comprehensive Plan. Responding to Commissioners Baxter
and Hall, Mayor Chavez indicated the location of the Town limits which incorporate the Mad
Russian Planned Unit Development, and stated the Town decided against the annexation petition
because the negative impacts would not be compensated by sales tax.
Robert Ehrlich, surrounding property owner, stated all three phases of the Mad Russian Planned
Unit Development have been annexed; the first two phases are completely sold out; and only 11
lots of the last phase remain to be sold. Mr. Ehrlich expressed concern regarding emissions from
the mining operation, and hazardous traffic situations. In response to Chair Kirkmeyer, Mr. Ehrlich
stated he purchased the Mad Russian property in October 1986, at which time he developed the
golf course. Responding to Commissioner Hall, Mr. Ehrlich stated potential negative impacts
include decreased property values, possible health risks,economic damage,and hazardous traffic.
Responding to Commissioner Geile, Mr. Ehrlich stated this land is not good for housing because
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it is located within the floodplain, it is not well suited for a commercial operation because it is
surrounded by residential portions of the Town of Milliken, and the only good use is to remain
agricultural. Commissioner Vaad commented it does not appear Milliken is a poor community
based on the type of homes in the area, and added the County must consider the property owner's
obligation to extract minerals before permanent structures are placed on the site. Mr. Ehrlich
indicated Weld County will only benefit from gaining a few jobs, the concrete may not be primarily
used in Weld County, it is almost impossible to mitigate the situation so that there are no negative
impacts to the surrounding residents, and it is in the wrong location. In response to Commissioners
Vaad and Baxter, Mr. Ehrlich stated the main concern is for the health, safety, and welfare of the
community, and the Conditions will not sufficiently mitigate the noise and sight nuisance.
Responding to Chair Kirkmeyer, Mr. Ehrlich stated there are similar operations in the Windsor area;
however,the mining was part of a development process and not a long-term commercial operation.
Chair Kirkmeyer commented that some agricultural uses are not desirable and it may be difficult
for the applicant to find a better location for natural minerals. Mr. Ehrlich reiterated there is still the
factor of traffic hazards.
Ron Ehrlich, surrounding property owner, stated the growth in southern Colorado is moving north
into Weld County. Mr. Ehrlich reviewed other large operations in surrounding areas with plans to
use State Highway 257, which will become a major arterial and stated the Board should review an
official traffic study before making a determination on this application. Mr. Ehrlich stated the truck
traffic will eventually impact more than the 2,500 residents of Milliken.
Caroline Clementson, surrounding property owner, read a E-mail into the record, marked Exhibit
SSS,expressing concern regarding slow trucks heading north on State Highway 257, and speeding
trucks heading south, and possible harm to school children if there is hazardous driving. She
stated the extraction of minerals is not worth risking the lives of the traveling public, and asked that
this issue be delayed until the traffic issues are addressed. Chair Kirkmeyer strongly suggested
discussing an alternate bus stop within the subdivision with the local school district. Commissioner
Geile referred to the letter from the Town of Milliken addressing the traffic study. Ms. Clementson
stated the traffic issues should be addressed prior to approval. In response to Commissioner
Vaad, Ms. Clementson stated the need for concrete and the presence of construction equipment
within the subdivision is temporary versus the concrete business which is proposed for the next
thirty or more years.
Tom Farmer, surrounding property owner, stated although growth cannot be stopped, it can be
controlled. He indicated the site should have been annexed by the Town of Milliken if it wanted to
place restrictions on the operation, and stated the slow truck traffic will affect the traveling public
leaving Milliken, more than the residents of the Mad Russian Planned Unit Development entering
traffic at the top of the hill.
Eloy Mares, surrounding property owner, stated the speed limit on State Highway 257 is
considerable and suggested truck traffic travel west on Weld County Road 48.5 to exit the site.
Chair Kirkmeyer recessed the meeting until 1:30. Upon reconvening, Chair Kirkmeyer submitted
Exhibits GGG, HHH, Ill, and JJJ for the record. Mike Anthony, surrounding property owner,
submitted photographs of the site from his driveway, marked Exhibits KKK and LLL, and indicated
the location of his home on the area map.
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John Neil, surrounding property owner, submitted a letter, marked Exhibit MMM, and stated the
applicant has not been completely forthright throughout the process, because the application
includes some mis-statements and incorrect documents;the waiting period before mining has been
decreased from three years to six months; and they are requesting 24-hour mining if there is a bid
contract. Mr. Neil submitted a news article and photographs, marked Exhibits NNN and OOO, and
stated the capacity of State Highway 257 is 5,783 vehicles per day. He further stated the last traffic
study is outdated and the impact of this project should be based on current development in the
area. Mr. Neil indicated further discrepancies and stated the applicant now wants to change the
Conditions so they will be allowed to have the option of using conveyors or trucks on-site, and the
landscaping includes different types of trees and plant life from what was previously proposed. Mr.
Neil stated the Milliken Comprehensive Plan was in existence in 1998 and the applicant was aware
of the designated zoning when the land was purchased; and in July 1999, the Town of Milliken
voted to deny the annexation petition and is now recommending denial to the Board of County
Commissioners. (Switched to Tape#2000-03.) Mr. Neil reviewed the various requirements of the
Weld County Comprehensive Plan, which staff has indicated the proposal does not comply with,
and stated although there is a requirement to mine minerals prior to constructing permanent
structures, there is not an urgent need to mine because no development is proposed for this site.
Mr. Neil stated the issues raised by the Town of Milliken should be addressed due to the
Intergovernmental Agreement which is being discussed and because this development will be
within the Urban Growth Boundary of the Town. Mr. Neil reviewed the goals of the Milliken
Comprehensive Plan, which this proposal violates, as well as street scapes as addressed in the
Milliken Comprehensive Plan. He stated there is an Intergovernmental Agreement concerning the
relationship between Weld County and the Town, and approval of this application will affect the
small town atmosphere, as well as disrupt the open space. Mr. Neil stated although the property
across State Highway 257 is zoned industrial, it may change because it was done prior to the
Milliken Comprehensive Plan, and it is still used for agricultural and open space. He further stated
he spoke with CDOT which indicated the Highway is designed to handle 435 vehicles per hour;
3,408 per day, and according to the 1996 traffic sturdy, the traffic level was already at 70 percent.
He also spoke with the Colorado Highway Patrol, which indicated officers will cite drivers for
passing a slow or stopped truck in an area where there is a double center line. Mr. Neil stated
CDOT indicated it does not have authority to require the applicant to purchase rights-of-way to
allow for acceleration and deceleration lanes; however, the County does. Mr. Neil indicated the
applicant has other options for use of this land because of the Smart Growth Plan proposed by
Governor Owens,which includes tax reductions and incentives for land owners with wildlife habitat,
streams, etc. Mr. Neil stated the Board does have options regarding this type of development and
referred to similar cases which have been denied by Larimer County, and he further stated the
applicant may operate good businesses in other cities, however,they have not appeared to be very
credible throughout this process.
Alex Fisher, surrounding property owner, indicated the location of his home and stated he has
submitted comments of concern throughout this process. Mr. Fisher stated his home is 98 years
old and expressed concern with the land settling and causing damage to the structure, as well as
possible water damage. Mr. Fisher stated he currently experiences water seepage in his cellar
from ground water changes during summer irrigation, and when the river floods the water comes
to the north side of Weld County Road 48.5. He stated it is likely the property value will decrease
with this type of operation only 150 feet from the front yard; reiterated there is a significant amount
of traffic on Weld County Road 48.5 and 257 without adding more trucks; and the trucks will have
to be ready to stop for school buses which stop at the Mad Russian Planned Unit Development
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entrance, as well as the Railroad crossing. Mr. Fisher stated this operation will produce excessive
truck traffic, noise, and dust; it will affect wildlife and vegetation; and there are two other concrete
producers in the immediate area, therefore another concrete batch plant is not needed. He stated
the applicant may have addressed the sight distance from the Mad Russian residences; however,
it is not screened from Weld County Road 48.5, and the applicant's proposal to inject water into
the surrounding wells will not work because they are shallow wells, not injection wells. Mr. Fisher
expressed concern that this operation will impact the structure of his home, water quality, and
community safety. In response to Commissioner Vaad, Mr. Fisher stated they have some septic
system difficulties during the irrigation season; construction traffic will be needed for growth in the
area on a short-term basis; and this operation is not needed because there are other concrete
batch plants available in the area.
Paula Emly, represented Harmon Homes and stated they are currently building in the Mad Russian
Planned Unit Development, and estimate the project to be completed in the next two or three years.
Ms. Emly stated a majority of the new residents are retired, and added that it will be difficult to sell
the remaining homes if this application is approved. In response to Commissioner Vaad, Ms. Emly
stated the railroad tracks already pose a difficulty in selling homes, although the trains are only
there for a few minutes each day.
Carol Portz, surrounding property owner, stated this will damage the sentimental value of the
properties within the Mad Russian Planned Unit Development, although some of the new residents
have saved for many years to live in this area.
John Watson, represented the Henderson Farm located west of the site. Mr. Watson stated this
farm has been in the family for many generations. In response to Commissioner Vaad, Mr.Watson
stated the value will decrease because the owners will not be able to sell the property as a true
rural farm with a commercial operation across the property boundary; however, he indicated this
proposal will not affect the production of the farm.
Mr. Anthony returned and clarified the trains come through 2 or 3 times per day and are only there
for five minutes as opposed to a 10 to 12 hour daily operation.
Jerry Schnelzer, Milliken Town Administrator, stated in comparison to the size of the town, this is
a large operation, and indicated that the line of site diagram is incorrect because the trees will not
be large enough to obstruct views for several years. Mr. Schnelzer stated the Town of Milliken has
been conducting traffic studies of roads in the area and State Highway 257 is predicted to be a
major arterial through the area. He further stated another mining and concrete batch plant
operation has met with the Town to discuss an appropriate location for this type of operation, and
the Town has no objections because it was included in the process. Mr. Schnelzer referred to the
importance of the Smart Growth Plan which encourages Intergovernmental Agreements and local
Master Plans, and submitted the Colorado Counties, Inc. (CCI) and Colorado Municipal League
(CML) Growth Management Legislation, marked Exhibit PPP. Mr. Schnelzer clarified that Milliken
is a poor tax-based community, not a poor community overall; he indicated the locations of the
Town's water and sewer lines which service the Mad Russian Planned Unit Development; and
stated he realizes construction vehicles are present during a growth phase; however, they are
attempting to spread out the traffic patterns and avoid major arterials. Mr. Schnelzer requested the
Board consider including all 24 Conditions of Approval proposed by the Town of Milliken or deny
the proposal. In response to Commissioners Vaad and Geile, Mr. Schnelzer gave a brief
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description of the Frank Development,which is located east of Milliken., and stated the traffic study
being conducted encompasses the community as a whole, and is attempting to show how traffic
will enter the community, and will be used as a traffic plan. He further stated the Milliken
Comprehensive Plan designates this site as open space because it is along the river, and the Town
is considering entering into a Parks and Recreation Plan to make purchases along the river
corridor. Mr. Schnelzer stated although the Intergovernmental Agreement between Milliken and
Weld County is not yet official, it appears that all the points are valid issues which could still be
considered. Responding to Commissioner Hall, Mr. Schnelzer stated the Town was unaware of
the purchase or plans for this property until the applicant approached the Town requesting
annexation. In response to Commissioner Baxter, Mr. Schnelzer stated the Town of Milliken is
suggesting that the Board follow the Weld County Comprehensive Plan and the recommendation
of staff in cooperation with the Town of Milliken. Responding to Chair Kirkmeyer, Mr. Schnelzer
stated he was present at all of the Intergovernmental Agreement meetings;the Town gave serious
consideration to the annexation petition; the applicant's unwillingness to comply with the Town's
Comprehensive Plan is part of the reason for denial; and this is an urban-type development within
Milliken's Urban Growth Boundary. He further stated the Milliken Comprehensive Plan was
adopted in June 1998; the Mad Russian property was annexed in the early 1980's and the sewer
line was extended at approximately the same time; and the property east of State Highway 257 is
zoned industrial, but is also considered open space because it is along the river and within a flood
plain. Mr. Schnelzer stated this site has not been annexed but is still considered part of Milliken
because it is surrounded on two sides by the Town; and some of the 24 issues included in the letter
dated December 3, 1999, from the Town of Milliken letter were agreed upon, however, there were
still many differences. Commissioner Vaad commented the Town would have had more control
had it considered annexing the site. In response to Chair Kirkmeyer, Mr. Schnelzer stated if they
could have come to an agreement on all 24 points, the Town would have annexed.
Chair Kirkmeyer closed public input and called a ten minute recess. Upon reconvening, Mr. Tuttle
explained in late November 1999, at the Mined Land Reclamation Board meeting, a surrounding
property owner requested that some water be left in a pond across from his home to ensure that
water will flow to the river to prevent flooding, and the remainder of the plan remain the same. He
stated three of the five surrounding property owners to the south have signed water agreements
ensuring they will be compensated if there are any problems. Mr. Tuttle stated the applicant was
aware of the Mad Russian Planned Unit Development when purchasing the land, and the closest
Mad Russian residence is 500 feet from the mining on the northern side of the property. In
response to Commissioner Vaad, Mr. Tuttle stated the applicant chose to locate the batch plant
across from the old mining pond away from the residences; they will pave Weld County Road 48.5
from the site entrance to State Highway 257 to benefit the surrounding property owners; this will
be a small operation with a maximum of 12 mixer trucks, no commercial sales, transporting
concrete only; and the letter from the U.S. Fish and Wildlife indicates they are satisfied with the
wildlife study. Mr. Tuttle stated the applicant was not allowed the opportunity to present this case
to the Town of Milliken, nor to discuss the Town's concerns or possible compromises. He stated
the concrete trucks from this operation will only be a small percentage of the existing construction
trucks and residential traffic already on the road, and the speed limit will likely be adjusted as the
traffic increases.
Mr. Fancher stated during the initial meetings with the Town of Milliken, he had no indication that
the Town was opposed, and at the hearing to consider the annexation petition the Town Board
decided not to set any further hearings. In response to Chair Kirkmeyer, Mr. Fancher stated while
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working with the Town of Milliken,the County was contacted and asked to hold the application until
a determination was made by Milliken. Mr. Fancher reviewed the point of contention between his
company and the Town of Milliken and clarified he intends to use conveyors and does not need to
amend the Conditions of Approval.
Mr. Tuttle stated the applicant intends to work with CDOT. In response to Commissioner Geile, Mr.
Fancher stated he was not aware of the Milliken Comprehensive Plan at the time the property was
purchased and was introduced to it at the Town meeting concerning the annexation, and further
stated he was not aware that the changes to the pond configuration would create a problem. In
response to Chair Kirkmeyer, Mr. Fancher stated the maps were changed after the Planning
Commission hearing before going to the Town of Milliken to request annexation. Responding to
Commissioner Hall, Mr. Tuttle stated the original cell #1 was divided into three cells to
accommodate the request of a surrounding property owner as discussed earlier. In response to
Mr. Morrison, Mr. Tuttle stated the amount of space and time to mine the amended cell area will
be the same. In response to Commissioner Hall, Mr. Tuttle stated the applicant is anticipating 10
to 12 loads per day with five trucks equaling 20 trips in both directions. He further stated this
operation will have landscaping along the railroad tracks in the first five years, however, mining will
not happen there for approximately 20 years. Commissioner Hall commented the Comprehensive
Plan does not require the Board to approve mining operations simply because minerals exist on
the property. In response to Commissioner Baxter, Mr. Tuttle stated if the economy slows and the
operation no longer needed, the State Mining Law requires a five-year temporary cessation, and
if there is no improvement they would be forced into final reclamation and vacation of the site. He
added the applicant started Loveland Ready Mix Concrete in 1955 and has been successful
throughout the years. Responding further to Commissioner Baxter, Mr. Tuttle stated as the traffic
increases, CDOT will need to correct the capacity of the road; however,the current traffic amounts
do not meet the warrants in the access code to require acceleration and deceleration lanes.
Frank Hempen, Jr., Director of Public Works, stated the transportation referral submitted by staff
addressed traffic impacts to the local County roads and the State highway, as well as suggesting
mitigation. He stated the applicant has not provided a traffic study, but the Department of Public
Works staff conducted its own test, as indicated in memorandums dated November 19, 1999, and
November 22, 1999. Both requested improvements be made to Weld County Road 48.5, the
intersection radiuses of Weld County Road 48.5 and State Highway 257, and the addition of a left
turn lane for northbound traffic on State Highway 257 turning onto Weld County Road 48.5. Mr.
Hempen stated CDOT access control staff concurs with staff's recommendation and also indicated
the need for a turn lane will require widening the road and bridge. Mr. Hempen stated this would
be a very large and expensive project which is currently not included in any of the State or County
improvement plans. Chair Kirkmeyer stated there is a Condition of Approval requiring the applicant
to submit a traffic study prior to recording the plat. In response to Chair Kirkmeyer, Mr. Hempen
stated a loaded truck traveling 45 miles-per-hour at base of hill averages only 42 or 43 miles-per-
hour at the top of the hill, climbing lanes are not feasible due to the limited amount of trucks, and
the existing shoulder lanes are not likely constructed to handle heavy truck loads. He further stated
it is approximately 800 feet from the base of the hill to the entrance of the Mad Russian
development. Mr. Tuttle stated from Weld County Road 48.5 to the top of the hill is eight-tenths
of a mile, and up to this point the applicant had not considered directing truck traffic west on Weld
County Road 48.5. Chair Kirkmeyer commented without a traffic study there is not enough
information to prove this application will not negatively impact the traffic. Mr. Hempen stated he
feels the traffic study conducted by staff is adequate and the addition of a turn lane would not be
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a problem if the bridge were not an issue. In response to Chair Kirkmeyer, Mr. Hempen stated the
North Front Range Transportation Plan does not include Highway 257 for improvements. Mr.Tuttle
stated shortening the amount of mining time would not be feasible because the market does not
demand it and it would also result in three times the traffic load. Mr. Tuttle stated his staff also
conducted tests by driving loaded trucks up the hill; however, there would only be 12 trucks per
hour and he does not feel this low truck volume warrants an additional study. Mr. Tuttle stated he
was not aware of the information from the Planned Unit Development regarding a problem installing
a turn lane,the augmentation plan is at the State Engineers office for review, and there are ground
water impact agreements with the three residents who expressed concern over their water. In
response to Chair Kirkmeyer, Mr. Tuttle stated the landscaping will require a four-foot berm with
a 6-foot solid wood fence on top to help mitigate noise and sight nuisance conditions, and although
there are other concrete batch plants in the area, there will still be a great need according to
proposed numbers of homes coming into the Milliken and Johnstown area. He further stated
currently most of the concrete is coming from Greeley and Windsor, and the market is good, and
the applicant is proposing to plant a variety of 40 to 50-foot trees within the first five years. In
response to Commissioner Vaad's concern with the difficult road improvement requirements, Mr.
Tuttle stated CDOT may have some variances available if necessary. In response to Chair
Kirkmeyer, Ms. McConnellogue stated septic systems can be located within a flood plain, but not
in a floodway; however, they will have to be sealed and elevated so the contents are not released.
In response to Chair Kirkmeyer, Ms. Johnson stated the flow sheet indicates the file was put on
hold while the applicant was discussing annexation to the Town of Milliken.
Chair Kirkmeyer commented it may be good to have a traffic study completed before any action
is taken. Commissioner Vaad commented it is not fair for one user of the road to do all the
improvements; it appears that most of the 24 points have been addressed; and the main concern
is the potential traffic hazard which could be reviewed further by a traffic study conducted by
CDOT. Commissioner Hall stated the traffic is not the only issue of concern and an official traffic
study may not give any other conclusions than that of the Department of Public Works; it is not
reasonable to require the bridge and road improvements be done solely by the applicant, nor is it
likely that they will be done by the County or CDOT. Commissioner Geile expressed concerns with
the augmentation plan; stated it appears that the application was incomplete; the goals of the
Milliken Comprehensive Plan do need to be considered,the Weld County Comprehensive Plan has
been met in that there is adequate water and sewer services; the extraction of minerals is not the
only factor which determines approval of this type of application; and he does not think the
application is in compliance with Section 24.4.2 of the Weld County Zoning Ordinance.
Commissioner Baxter stated he feels the road issue has been well reviewed by the Department of
Public Works, its recommendation is adequate, and there is no need to delay the decision. Mr.
Tuttle requested continuance of this matter to allow CDOT to conduct a traffic impact study.
Commissioner Geile stated there is enough evidence today for a decision, and he moved to deny
the request of Loveland Ready Mix Concrete, Inc., for a Site Specific Development Plan and
Special Review Permit#1237 for Open Cut Gravel Mining and a Batch Plant in the A(Agricultural)
Zone District, based on the recommendations of the Planning staff as entered into the record,
stating the application does not comply with Sections 24.4.2.1, 24.4.2.3, 24.4.2.4, and 24.4.2.7 of
the Weld County Zoning Ordinance. The motion was seconded by Commissioner Hall, stating he
agrees with staff's recommendation, and has concerns regarding the traffic, lack of ability to comply
with the Urban Growth Boundary requirements of the Town of Milliken, he feels a 33-year operation
is too long for this area, and this is a non-urban development in an urban area. In response to
Commissioner Vaad, Mr. Morrison stated the applicant is not prohibited from re-applying; however,
2000-0220
PL1373
HEARING CERTIFICATION - LOVELAND READY MIX CONCRETE, INC. (USR#1237)
PAGE 10
if they apply within the next five-year period, they must first go through a substantial change
process to determine whether there are major differences to the plan, and whether the law or
neighborhood has changed. Commissioner Vaad stated he is in favor of the motion because it
does not appear that CM.Policy 4.4 of the Comprehensive Plan regarding transportation access
to the site has been adequately addressed; however, he feels the applicant has done an adequate
job mitigating all the other issues. Commissioner Baxter stated he is in favor of the motion. Chair
Kirkmeyer stated she agrees with all previous comments, and this is a difficult decision because
it concerns competing property right interests, and she agrees that although the application had
many good points, it does not meet the requirements as stated by Commissioner Geile. Upon a
call for the vote, the motion carried unanimously and the application was denied.
This Certification was approved on the 24th day of January, 2000.
APPROVED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
110 �, W D COUNTY,, COLO DO
Weld County Clerk to the':oar.
! - 13C1 I
�(f _`� 'Ls. rarbara irkmeyer, Chair /
BY: A/. - •
Deputy Clerk to the •�' ��h�i .
TAPE #2000-02 �VI kk ' M. J. Cede, Pro-Tem
EXCUSED DATE OF APPROVAL
eorge E. Baxter •
DOCKET#2000-01
Da e K. Hall
.4->Ze ti
Glenn Vaad
2000-0220
PL1373
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 19TH DAY OF JANUARY, 2000:
DOCKET #2000-01 - LOVELAND READY MIX CONCRETE, 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
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EXHIBIT INVENTORY CONTROL SHEET
Case USR #1237 - LOVELAND READY 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 11/16/99)
D. Clerk to the Board Notice of Hearing
E. Vickie Brown, Planning Services Referral (11/30/99)
F. Town of Milliken Letter requesting denial (12/03/99)
G. Gary Tuttle, Tuttle Applegate, Inc. Letter re: Conditions of Approval (11/24/99)
H. Planning Staff Faxed response to Ex. G (11/29/99)
I. Division of Minerals and Geology Letter re: 112 Mining Permit Application
(11/24/99)
J. News Article - Greeley Tribune
K. Public Works Staff Memorandum re: Comments and
Requirements (11/22/99)
L. Public Works Staff Memorandum re: Pavement Design
M. News Article - Greeley Tribune
N. John Courreyon Letter of Opposition (11/10/99)
O. LeRon Ehrlich Builders Letter of Opposition (11/10/99)
P. Mad Russian 3, LLC Letter of Opposition (11/10/99)
Q. Ron Ehrlich Real Estate, LLC Letter of Opposition (11/10/99)
R. Pete and Linda Keohane Letter of Concern (12/27/99)
S. Craig and Megale Stinehauer Letter of Concern (12/23/99)
T. Remax of Loveland,
Phil and Judy Rummery Letter of Concern (12/27/99)
U. Mary Bock Letter of Concern (12/27/99)
V. Carol and Ken McKenzie Letter of Concern (12/23/99)
W. Mary Bock Letter of Concern (12/27/99)
X. Gareld and Anita Sisson Letter of Concern (12/27/99)
Y. Daniel and Donna Moore Letter of Concern (12/28/99)
Z. Loren and Sharon Wiesner Letter of Concern (12/28/99)
AA. Charles and Carol Portz Letter of Concern (12/29/99)
BB. Ted and Virginia Bajgert Letter of Concern (12/29/99)
CC. David and Patricia Pastian Letter of Concern (12/29/99)
DD. Edward Berkley Letter of Concern (12/29/99)
EE. Duane and Margaret Holman Letter of Concern (12/29/99)
FF. Dennis and Georgia Peterson Letter of Concern (01/03/2000)
GG. Larry Romero Two Letters of Concern (01/03/2000)
HH. Rob and Sara Staples Letter of Concern (01/04/2000)
II. Frank and Carol Knowski Letter of Concern (01/03/2000)
JJ. Harmon Homes, Inc. Letter of Concern (01/05/2000)
KK. Gary Harmon Letter of Concern (01/05/2000)
LL. Mr. and Mrs. Yoder Letter of Concern (01/07/2000)
MM. Kermit and Lois Peterson Letter of Concern (01/04/2000)
NN. Linnea and Dean Stumpf Letter of Concern (01/072000)
OO. Ken and Jodell Holman Letter of Concern (01/04/2000)
PP. Philip and Michelle Knaub Letter of Concern (01/10/2000)
QQ. Gary and Nancy Nolin Letter of Concern (01/06/2000)
RR. Solon Carraway Letter of Concern (12/31/1999)
SS. Bonnie Carraway Letter of Concern (12/31/1999)
TT. Jose Martindelcamo Letter of Concern (01/13/2000)
UU. Wayne Metcalf & Andrea Drake Letter of Concern (01/13/2000)
VV. Dennis Dunn Letter of Support (01/14/2000)
WW. Joe and Shelley Berger Letter of Concern (01/14/2000)
XX. Jerome and Linda Joyce Letter of Concern (01/14/2000)
W. John Neal Letter of Concern (01/14/2000)
ZZ. Herschel Hein Letter of Concern (01/17/2000)
AAA. Virginia and Ted Bajgert Letter (E-mail) of Concern (01/17/2000)
BBB. Carol McKenzie Letter (E-mail) of Concern (01/18/2000)
CCC. Alex and Anne Shaffer Letter of Concern (01/11/2000)
DDD. David and Emma Seaman Letter of Concern
EEE. Planning Staff Packet including:
- Letter from Milliken (12/03/99)
- Memo from Diane Houghtaling (01/10/00)
- Referral from Vickie Brown (11/30/99)
- Vicinity Map
- Map, Stormwater Management Plan
- Sign Posting Certificate
FFF. Gary Tuttle Cross Section of Mining Operation
GGG. Planning Staff Coordinated Planning Agreement
HHH. Planning Staff Memo re: Concern with changes to plan
III. Gary Tuttle Revised Storm Water Management Pre-
Mining and Mining Plan (Oversized)
JJJ. Gary Tuttle Revised Reclamation Plan (Oversized)
KKK. Mike Anthony Photo - Trestle
LLL. Mika Anthony Phntn - Train
MMM. Kenneth and Carol McKenzie Letter of Concern (01/17/2000)
NNN. John Neal News Article - Johnstown Breeze
OOO. John Neal 7 Photographs of Loveland Ready Mix
property
PPP. Town of Milliken CCI and CML Growth Management
Legislation
QQQ. Gary Tuttle Milliken Zoning Map
RRR. Health Staff Memorandum re: I.S.D.S. Flood Plain Policy
SSS. Caroline Clemetson Letter (E-mail) of Concern (01/19/2000)
TTT. Lee Morrison State statute re: Preservation of
Commercial Mineral Deposits for Extraction
UUU.
VVV.
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DDDD.
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GGGG.
HHHH.
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JJJJ.
KKKK.
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MMMM.
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