HomeMy WebLinkAbout961872.tiff HEARING CERTIFICATION
DOCKET NO. 96-54
RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT#1095 FOR A
WET PIT SAND AND GRAVEL MINE IN THE A (AGRICULTURAL) ZONE DISTRICT -
STANLEY L. AND SHIRLEY E. ODENBAUGH
A public hearing was conducted on October 16, 1996, at 10:00 a.m., with the following present:
Commissioner Barbara J. Kirkmeyer, Chair
Commissioner George E. Baxter, Pro-Tem - EXCUSED
Commissioner Dale K. Hall
Commissioner Constance L. Harbert
Commissioner W. H. Webster
Also present:
Acting Clerk to the Board, Shelly Miller
Assistant County Attorney, Lee Morrison
Planning Department representative, Gloria Dunn
The following business was transacted:
I hereby certify that pursuant to a notice dated September 25, 1996, and duly published October 3,
1996, in the North Weld Herald, a public hearing was conducted to consider the request of
Stanley L. and Shirley E. Odenbaugh for a Site Specific Development Plan and Special Review
Permit#1095 for a wet pit sand and gravel mine in the A (Agricultural)Zone District. Lee Morrison,
Assistant County Attorney, made this a matter of record. Gloria Dunn, Planning Department
representative, presented a brief summary of the proposal and recommended the addition of
Development Standard#23 concerning maintenance of a temporary water supply plan until a water
augmentation plan is approved by the Water Court. She discussed the proposed haul route and
dust abatement and recommended Condition of Approval #4 be deleted since it has been met by
the applicants. Ms. Dunn noted one telephone call and one letter of objection have been received.
She then entered the favorable recommendation of the Planning Commission into the record as
written, including the recommended changes. Responding to questions from Commissioner Hall,
Don Carrroll, Public Works Department, confirmed the applicants presented a road maintenance
agreement this morning and the stabilization project recently completed on Weld County Road 23
will be incorporated into said agreement. Further discussion ensued concerning the stabilization
and dust abatement, and Mr. Carroll stated the agreement will be reviewed by staff then presented
961872
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RE: HEARING CERTIFICATION - ODENBAUGH (USR #1095)
PAGE 2
to the Board for approval. Stanley E. Odenbaugh represented the applicants and stated they have
met all requirements and are now requesting final approval of the Permit. He confirmed they are
willing to work with the Public Works Department. Whitey Odenbaugh, adjacent property owner,
questioned the specifications for safety and reclamation of the site and requested fencing be
required. Ms. Dunn noted the operation is required to comply with operation policies identified in
Section 44.4 of the Zoning Ordinance. Whitey Odenbaugh voiced further concerns regarding
safety including the water level, unstable ground, traffic, etc. He stated his parents received a letter
dated May 6, 1991, from the applicants regarding the relocation of the access, for which his parents
have a deeded 12-foot right-of-way. Whitey Odenbaugh requested the applicants use a different
access to the pit because he has only one deeded access to his property, which is landlocked. He
also noted his farm is for sale and voiced concerns about the impact of the gravel pit. Whitey
Odenbaugh responded to questions from the Board and reiterated his safety and economical
concerns. Kim Houston, surrounding property owner, submitted a letter dated October 16, 1996,
as Exhibit C, and also voiced concerns regarding the safety of children, the conditions of the road
and bridge, the additional traffic, and the possible contamination of the water. Whitey Odenbaugh
also submitted and read into the record a letter dated October 15, 1996, from Norman and Judy
Swank, as Exhibit D, voicing additional concerns. Further discussion ensued concerning the haul
route, and no further public testimony was offered. Stanley E. Odenbaugh confirmed the State
requested the operation access at the north end of the site and that the State-required reclamation
plan is in place; however, he clarified no fencing is required. Ms. Dunn referenced Section 44.4.7
of the Zoning Ordinance under which the Board could require fencing. Stanley E. Odenbaugh
addressed the bridge and visibility issues. Mr. Carroll stated, under the State's 110 Permit, less
than ten acres will be mined, in four phases, over eight years; therefore, the estimated number of
loads per day is three or four maximum. Commissioner Harbert voiced concern about safety of the
children in the area and the close proximity of the site to the Town of Platteville and stated she
would like a chain-link fence, as approved by Planning staff, placed around the entire area.
Commissioner Webster noted this operation is for a small pit and for a short duration of time;
therefore, he moved to approve the request of Stanley L. and Shirley E. Odenbaugh for a Site
Specific Development Plan and Special Review Permit#1095 for a wet pit sand and gravel mine
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, including the addition of Development Standards #21, #22, and #23, as proposed by
staff. The motion was seconded by Commissioner Hall, who directed the Public Works Department
to address all safety issues and the maintenance agreement with particular interest paid to the
issues raised today. Chair Kirkmeyer requested the addition of Condition of Approval #3.g., which
will require the applicants to delineate the access on the plat and will not allow the shared access
to be used by the operation, and the deletion of Condition of Approval#4 be included in the motion.
She also requested the road maintenance agreement require the existing stabilization work be
maintained to standard and the dangerous corner be investigated. Commissioners Webster and
Hall agreed to amend the motion, which then carried unanimously.
961872
PL1052
RE: HEARING CERTIFICATION - ODENBAUGH (USR#1095)
PAGE 3
This Certification was approved on the 21st day of October, 1996.
���qq�.,��, APPROVED:
V E11.' Wa44 BOARD OF COUNTY COMMISSIONERS
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WE COUNTY, COLORADO
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fin►►►, e :�yl nt Clerk to the Board PA--
O "" 4 ,�_�� A- h Qli2 arbara J. Kirkmeyer, Chair
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George E. Baxter, Pro-T m
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Dale K. Hall
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Constance L. Har ert
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961872
PL1052
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 16TH DAY OF OCTOBER, 1996:
DOCKET#96-54 - USR#1095 for STANLEY L. AND SHIRLEY E. ODENBAUGH
DOCKET#96-52 - USR#1126 for WESTERN WIRELESS
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) HEARING ATTENDING
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