HomeMy WebLinkAbout991582.tiff (Clerk's Note: Date of Hearing
Corrected to 7/14/99)
CORRECTED HEARING CERTIFICATION
DOCKET NO. 99-42
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1220 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY (CONCRETE BATCH
PLANT) ZONED A(AGRICULTURAL) IN A MUD (MIXED USE DEVELOPMENT) AREA-
FRANCISCO AND MACLOVIO MARTINEZ
A public hearing was conducted on July 14, 1999, at 10:00 a.m., with the following present:
Commissioner Dale K. Hall, Chair
Commissioner Barbara J. Kirkmeyer, Pro-Tern
Commissioner George E. Baxter- EXCUSED
Commissioner M. J. Geile
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Eric Jerman
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 16, 1999, and duly published June 19, 1999,
in the Fort Lupton Press,a public hearing was conducted to consider the request of Francisco and
Maclovio Martinez for a Mineral Resource Development Facility (concrete batch plant) in the
A (Agricultural) Zone District. At said hearing the Board deemed it advisable to continue said
matter to July 14, 1999, at 10:00 a.m., to allow the applicant adequate time to meet with Siegrist
Construction Company, surrounding property owner, to negotiate an agreement regarding the
temporary use of the site. At said hearing on July 14, 1999, Lee Morrison, Assistant County
Attorney, made this a matter of record. Eric Jerman, 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.
Karen Radakovich, Attorney, represented the applicant and stated her clients and Siegrist
Construction Company have come to an agreement and the operation will be removed by July 15,
2004. She explained the agreement will be included as part of the Covenants and the applicant
will not reapply for another Use by Special Review elsewhere on the property. Ms. Radakovich
explained the terms of the agreement will become effective January 1, 2001,or upon the issuance
of the first building permit,whichever is later. In response to Commissioner Geile, Ms. Radakovich
stated the height of the stockpiles will be determined by a 50-foot diameter base. Responding to
Chair Hall, Mr. Morrison stated certain portions of the agreement which pertain to the Use by
Special Review Permit will need to be incorporated in the Conditions of Approval and Development
Standards. He further stated the length of time will not be addressed as part of this permit;
however, he has asked that the applicant submit a letter requesting the use be vacated on July 15,
2004. He stated the agreement was finalized just this morning; therefore, staff has not had time
to incorporate the appropriate terms of the agreement into the Conditions of Approval and
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HEARING CERTIFICATION - FRANCISCO AND MACLOVIO MARTINEZ (USR #1220)
PAGE 2
Development Standards for the Board to review. He suggested allowing staff to draft a resolution
to be circulated to all interested parties before signing. Responding to Commissioner Geile, Mr.
Morrison stated the resolution will not include the temporary use of the permit; however, the details
will be included in the Covenants, a copy of which must be provided, as well as the requested letter,
before the plat can be recorded.
Mike Siegrist, surrounding property owner, stated an agreement has been reached and Ms.
Radakovich has presented the terms accurately.
Following discussion regarding the placement of the agreement terms in the Conditions of
Approval, Mr. Morrison stated a redline/strikeout version will be available to review prior to signing.
In response to Commissioner Kirkmeyer, Mr. Jerman stated the property has not been surveyed
and the size of the parcel is unclear. Ms. Radakovich submitted a legal description, marked II,
indicating the property is approximately 7.1 acres. Commissioner Kirkmeyer commented that
Condition of Approval #2.E should stated the right-of-way is reserved. In response to
Commissioner Kirkmeyer, Mr. Jerman the Public Works Department reviews the Parking Plan and
either approves or cenies the plan, and explained Condition of Approval#2.J requires the applicant
meet the requirements of the Mountain View Fire Protection District because when there are issues
involving the National Fire Code, the District has the final say; however, the applicant has met this
Condition and it is not an issue. Mr. Morrison stated a confirmation of approval, dated June 14,
1999, has been received from the Fire District and the Condition can be deleted. In response to
Commissioner Kirkmeyer, Mr. Jerman stated Condition#2.C is a duplicate of Condition #2.M and
should be deleted. In response to Commissioner Geile, Mr. Jerman stated Condition #2.O is still
an issue because currently there are structures located within the setback area requested by the
Colorado Department of Transportation (CDOT) to be moved; however, the applicants have
requested they not be required to move the structures until the area is needed by C:DOT. Ms.
Radakovich stated the structures meet the original setback requirements, but CDOT has requested
more setback area and the applicant has no objection to moving the structures at the time the area
is required for road expansion. Commissioner Geile commented Condition #2.O should be
amended to indicale the structures do not need to be moved until CDOT requires use of the
additional 20-foot setback, and Condition #2.O should be added regarding the Waste Handling
Plan as submitted by staff, marked Exhibit EE. Commissioner Kirkmeyer commented the waste
issues in the covenants should also be added to Condition#2.O. Mr. Morrison requested Condition
of Approval #2.R be added requiring the applicant to submit a letter requesting vacation of the
permit effective July 14, 2004.
Commissioner Kirkmeyer moved to approve the request of Francisco and Maclovio Martinez for
a Site Specific Development Plan and Special Review Permit #1220 for a Mineral Resource
Development Facility (concrete batch plant) zoned A (Agricultural) in a MUD (Mixed Use
Development) area, 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 to amend Condition of Approval#2.A to replace the words "the area immediately" with
"approximately seven acres," delete Condition #2.C, amend Condition #2.G to add "by the Public
Works Department' following "Upon approval," delete Condition #2.J, spell out abbreviations in
Condition#2.K,amend Condition#2.O to change"removed"to"moved"and add wording regarding
the structures must be moved when required by CDOT, add Condition #2.O regarding the Waste
Handling Plan as submitted by staff, marked Exhibit EE, add Condition #2.R regarding letter for
closure to state, "A letter shall be presented to the Clerk to the Board of County Commissioners
requesting vacatior of Use by Special Review Permit #1220, effective July 15, 2004," amend
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HEARING CERTIFICATION - FRANCISCO AND MACLOVIO MARTINEZ (USR #1220)
PAGE 3
Development Standard #8 to list the exceptions to the operation listed by the applicant's
representative, amend Development Standard#9 to add language regarding storage of waste, and
renumber all necessary paragraphs. In response to Chair Hall,Commissioner Kirkmeyer amended
her motion to also change Condition #2.E to insert the word "reserved" following "additional." The
motion was seconded by Commissioner Vaad and commended the applicant and surrounding
property owner for negotiating a reasonable agreement. The motion carried unanimously.
This Certification was approved on the 19th day of July, 1999.
APPROVED:
AT G� BOARD OF COUNTY COMMISSIONERS
D COUNTY, COLQRADO
d o WOO oard
r. 7 Daly K. Hall, Chair BY. ►� ' t r e Board Lt.ca - i // yl/t
Barbara J. Kirkmeyer, ro-Tem ✓
TAPE #99-25
EXCUSED _
George E. er
DOCKET#99-42
. J. eile
Gai //a-d-.)/
Glenn Vaad
991582
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EXHIBIT INVENTORY CONTROL SHEET
Case USR #1220 - FRANCISCO AND MACLOVIO MARTINEZ
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)
D. Clerk to the Board Notice of Hearing
E. Siegrist Construction Company Letter of concern (06/25/99)
F. Public Works Department Memorandum re: Storm Water Drainage
Plan (06/25/99)
G. Tuttle Applegate, Inc. Letter re: Summary of Planning
Commission Hearing (06/22/99)
H. U.S. Department of Agriculture Letter re: Review of proposal (07/17/99)
Colorado Department of Public Letter re: Discharge Permit (06/17/99)
Health and Environment
J. Applicant Letter to Tim Carney (06/15/99)
K. Mountain View Fire Protection District Letter re: Inspection of site (06/14/99)
L. Weld County Health Department Letter, Review, and Permit for Sewage
Disposal System (06/14/99)
M. Applicant Plans for Reclamation and Landscaping
(05/17/99)
N. Planning Staff Letter re: Violation (04/07/99)
O. Applicant Letter re: Size of site (04/02/99)
P. Applicant Letter re: CDOT requirements for 1-25
(04/02/99)
Q. Wally Byers Letter of support (03/24/99)
R. Doug's Excavating, Inc. Letter of support (03/19/99)
S. County Line Lumber Company Letter of support (03/11/99)
T. John Stinnett Plumbing and Heating Letter of support (03/08/99)
U. Valley Heating and Air Conditioning Letter of support (03/05/99)
V. R & B Concrete Forming, Inc. Letter of support (03/05/99)
W. Doug Smith, Alpha Engineering Letter of support (03/04/99)
X. Joel, Alpha Engineering Letter of support (03/04/99)
Y. Foster Equipment Company, Inc. Letter of support (03/04/99)
Z. Hector Chavez, Chavez Landscaping Letter of support (03/04/99)
AA. John Swallow, City of Fort Lupton Letter of support (03/04/99)
BB. NEB Electric, Inc. Letter of support (03/04/99)
CC. Colorado Department of Public Construction Permit (12/15/98)
Health and Environment
DD. Colorado Department of State Highway Access Permit and backup
Transportation information\
EE. Health Department staff Additional Condition of Approval re: Waste
Handling Plan (07/06/99)
FF. Planning staff Ademar Waste Handling and Chemical
Storage Plan
GG. Mountain View Fire Protection District Letter of approval (06/14/99)
HH. Applicant Settlement Agreement
II. Applicant Legal description
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 14TH DAY OF JULY, 1999:
DOCKET#99-42 - FRANCISCO AND MACLOVIO MARTINEZ
DOCKET#99-46 - JOHN EICHHORN
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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Karen J. Radakoviek
Fraeeona, Joiner and Goodman
A Professional Corporation hamn �asrona.com
Attorneys at Law hllp: www.fraseona.00m
4750 Tahle Mesa Drive Facsimile 303.404-0309
Boulder,Colorado 90303.3373 Telephone 303.494.3000
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