HomeMy WebLinkAbout20001620.tiff HEARING CERTIFICATION
DOCKET NO. 2000-33
RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW
PERMIT #840 FOR GRAVEL MINING IN THE A (AGRICULTURAL) ZONE DISTRICT -
ANDESITE ROCK COMPANY
A public hearing was conducted on July 5, 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, Kim Ogle
Health Department representative, Sheble McConnellogue
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated June 19, 2000, and duly published June 22, 2000,
in the South Weld Sun, a public hearing was conducted to consider the request of Andesite Rock
Company for a Site Specific Development Plan and Amended Use by Special Review Permit#840
for Gravel Mining in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney,
made this a matter of record. Kim Ogle, 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. Mr. Ogle gave a brief description of the location of the site and
surrounding uses. He stated the site is currently used as pasture land and has a house and
agricultural outbuildings. Mr. Ogle stated the Board of Commissioners approved the original Use
by Special Review Permit#840 in August 1988, and he displayed a map indicating the proposed
boundary to include 110 additional acres, 83 acres of which will be mined with a dry pit operation
over a three-year period. Mr. Ogle further stated the permit allows for eight employees, and he
explained the extraction process, with the finished product being trucked or railed off-site. He
reviewed the existing haul route; however, the route is proposed to change for eastbound traffic
once Weld County Road 126 is realigned and improved. Mr. Ogle stated the applicant has
indicated it will comply with noise standards set by the Weld County Department of Public Health
and Environment, the site will be reclaimed into pasture once mining is completed, and a
stormwater retention basin will be located on the southwest corner of the site to prevent flooding
during storm events. Mr. Ogle stated five referral agencies reviewed the initial application and
offered comments, and one did not respond. Four referral agencies were supplied with the
amended Reclamation Plan and two offered comments. He further stated surrounding property
owners have submitted letters and petitions expressing concerns regarding decreased property
values, noise, dust, and the unsightly appearance of the operation.
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In response to Commissioner Hall, Mr. Ogle stated the surrounding property owners expressed
concern with dust generated on the site, as well as the haul route; however, the permit will require
a Dust Abatement Plan. In response to Commissioner Vaad,Sheble McConnellogue,Weld County
Department of Public Health and Environment, stated the Health Department does require that a
Dust Abatement Plan be submitted prior to recording the plat. She further stated Development
Standard #13 simply requires the applicant to abide by the plan that is submitted, and indicated
Development Standard#10 may be redundant because the State is also requiring the site to have
an Air Pollution Permit. In response to Commissioner Vaad, Ms. McConnellogue stated the dust
is considered fugitive once it leaves the property; however, the plan is also required to address off-
site dust mitigation. Chair Kirkmeyer stated Development#10 could be deleted since it is already
addressed by Development Standard #13, and Ms. McConnellogue agreed. In response to
Commission Baxter, Ms. McConnellogue stated she has not yet received or reviewed the Dust
Abatement Plan. Responding to Commissioner Geile, Don Carroll, Department of Public Works,
stated Weld County Road 126 is already in the process of being improved as a general Weld
County project unrelated to this permit. Mr. Carroll stated the application materials are proposing
the access and haul route be changed to run along the eastern boundary. Responding further to
Commissioner Geile, Mr. Ogle stated the applicant has filed the Reclamation Plan. Commissioner
Geile commented Condition of Approval#3.H is not necessary because the landscaping of the site
will be addressed through the Reclamation Plan. Mr. Morrison stated the Reclamation Plan is
reviewed to determine the condition of the site once mining is complete; however,the Landscaping
Plan is necessary to determine what is required on the site while mining is taking place. Mr.
Morrison further stated if there is a conflict between the two plans, the Reclamation Plan will
supercede the Landscaping Plan,and staff should be aware of the reclamation requirements when
reviewing the Landscaping Plan to ensure there are no conflicts. Commissioner Hall commented
there needs to be landscaping and buffering for the benefit of surrounding property owners, and
then allow the Reclamation Plan to finalize the site once the mining is complete.
Rick Everist represented the applicant and stated the overall amount being hauled from the site on
a daily basis will not change; therefore, the dust emission plan is not affected. However, the
applicant has made an effort to control dust by using water trucks on-site and offering to chemically
spray the roads in front of surrounding property owners once a season. Mr. Everist requested the
Board consider an amendment to the eastbound haul route by requiring traffic to travel along the
east boundary of the site and access Weld County Road 126 at a 90 degree angle. He stated the
route would be dust controlled and be used by employees and vendors. In response to
Commissioner Baxter, Mr. Everist stated there is an existing Road Improvements Agreement which
requires westbound traffic to exit the site onto Weld County Road 124 toward 1-25 and this route
will not change; however, the old eastbound route would be abandoned. In response to
Commissioner Hall, Mr. Everist stated the proposed haul route would not affect any surrounding
property owners, as the adjacent property is part of the existing mining permit area. Responding
to Commissioner Vaad, Mr. Everist stated he does not think the proposed access would create a
sight distance problem. Mr. Carroll stated the proposed 90 degree angle is satisfactory for an
access, and there appears to be adequate distance between the railroad and bridge. Responding
to Commissioner Baxter, Mr. Everist stated the applicant intends to change the haul route this year
if allowed and the changes would be indicated on the plat. Commissioner Hall stated staff should
work with the applicant to confirm that the proposed route is adequate. In response to
Commissioner Vaad, Mr. Ogle stated the applicant will be required to show the modified haul route
on the plat. In response to Commissioner Geile, Mr. Everist stated the operation averages
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approximately 20 trucks per day, most traveling east, and he reiterated that this amendment will
add 110 acres to be mined in three years. He further stated the entire permit area is estimated to
take approximately 15 more years to mine,and based on market trends they may haul more gravel
west. Responding further to Commissioner Geile, Mr. Everist stated the initial Reclamation Plan
was withdrawn and reconfigured to eliminate the two holding ponds and avoid any impacts to the
Lone Tree aquifer. Responding to Commissioner Baxter, Mr. Everist stated the Road
Improvements Agreement is renewed annually and if desired, the Board can alter the route in the
future based on future improvements to surrounding roads. Mr. Everist stated the bond has been
increased by $8,000.00 for reclamation liabilities, and the site will be buffered for the benefit of
neighbors; however, it won't be extensive due to extreme climate and soil conditions.
Lloyd Thomas, surrounding property owner, requested an opportunity to speak with the applicant
prior to making any comments, to which the Board agreed. In response to Chair Kirkmeyer, Mr.
Ogle suggested amending the last sentence of Development Standard #25 to state, "Hours of
operation in the winter months (November through April)will be 7:00 a.m. to 5:00 p.m., and in the
summer months(May through October)with be 7:00 a.m.to 7:00 p.m." Mr. Ogle further suggested
a new Condition of Approval #3.6 be added to state, "The proposed designated haul route shall
be delineated on the plat,"and reletter the subsequent paragraphs. In response to Commissioner
Hall, Mr. Ogle stated Condition of Approval#3.B as proposed will require the route to be shown on
the plat and Condition #3.D requires collateral. Mr. Carroll stated the terms of a Road
Improvements Agreement change once a road is paved.
(Clerk's Note: Chair Kirkmeyer called for a 5 minute recess.)
Mr. Thomas stated after discussing the proposal with the applicant, he has no objections.
In response to Chair Kirkmeyer, Mr. Everist stated he has reviewed and agrees with the Conditions
of Approval and Development Standards. Chair Kirkmeyer clarified the proposed changes include
adding the proposed haul route and delineating it on the plat, combining Development
Standards #10 and #13, and amending Development Standard #25 to eliminate redundant
language. Mr. Everist agreed with the proposed changes. In response to Commissioner Baxter,
Mr. Ogle stated a new Condition of Approval #3.6 will be added to designate the new haul route.
He further requested Condition of Approval #3.D be deleted. Mr. Morrison stated when there is a
gravel surface, the applicant maintains the road on an as-need basis and is not required to post
collateral. Mr. Carroll stated the applicant has supplied a traffic study and CDOT is not requesting
any further improvements at this time.
Commissioner Hall moved to approve the request of Andesite Rock Company, for a Site Specific
Development Plan and Amended Use by Special Review Permit #840 for Gravel Mining 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 the addition of a new Condition of Approval #3.B to state, "The proposed designated
haul route shall be delineated on the plat," delete Condition of Approval #3.D, reletter all
subsequent paragraphs, delete Development Standard #10, and amend Development Standard
#25 by deleting the remainder of the last sentence after"7:00 p.m." The motion was seconded by
Commissioner Baxter, and it carried unanimously.
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HEARING CERTIFICATION - ANDESITE ROCK COMPANY (AMENDED USR #840)
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This Certification was approved on the 10th day of July 2000.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST: r ��� ^.a , .4 .tc z/.
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�¢ ,/Barbara J. meyer, Chair
Weld County Clerk to thg '3"/ /
BY. M. J G ile, Pro-Tem
Deputy Clerk to the Bo-? .f ash
orge . axter
TAPE #2000-19
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DOCKET #2000-33 A44.
Glenn Vaad-
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EXHIBIT INVENTORY CONTROL SHEET
Case AMENDED USR #840 -ANDESITE ROCK COMPANY
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 06/06/2000)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Photo of sign posted on site (06/22/2000)
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 5TH DAY OF JULY, 2000:
DOCKET#2000-32 - KGF, INC., C/O GLEN FRITZLER
DOCKET#2000-33 - ANDESITE ROCK COMPANY
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 Irlease include City and Zip Code)DOCKET#OF HEARING ATTENDING
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