HomeMy WebLinkAbout990285.tiff HEARING CERTIFICATION
DOCKET NO. 99-08
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1206 FOR A MINING OPERATION IN THE A (AGRICULTURAL) ZONE DISTRICT -
ANDESITE ROCK COMPANY
A public hearing was conducted on February 10, 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
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 January 27, 1999, and duly published January 30,
1999, in the Fort Lupton Press, a public hearing was conducted to consider the request of Andesite
Rock Company for a mining operation in the A(Agricultural)Zone District. Lee Morrison,Assistant
County Attorney, made this a matter of record. Eric Jerman, Department of Planning Services
representative, presented a brief summary of the proposal and entered the favorable
recommendation of the Planning Commission into the record as written. Mr. Jerman stated this
application is to extend the existing operation and gave a brief description of the location of the site.
Mr. Jerman requested Development Standard #9 be deleted, as it is a duplicate of Development
Standard #22, and stated the applicant is opposed to Conditions of Approval #4.A.2 and #4.A.3
regarding delineating ten feet of right-of-way on Weld County Roads 24.5 and 7. He further stated
the applicant will apply for a Planned Unit Development once the mining operation is complete. In
response to Commissioner Vaad, Mr. Jerman indicated the location of the Eagle Claw Center.
Danna Brand, Rocky Mountain Consultants, represented the applicant and presented various
letters, and packets of information, marked Exhibits E through I, detailing concerns and requests
regarding the application. Ms. Brand stated the area which is currently being farmed will not be
returned to farmground following the mining reclamation; however, it will be consistent with the
Mixed Use Development (MUD) area. Ms. Brand gave a brief description of the mining process
used in the various areas and stated twenty acres will become ponds and the remaining land will
be built above the floodplain to be MUD compliant. She requested the Board reconsider the
requirement of Conditions of Approval#4.A.3 and#4.A.4 because Andesite Rock Company does
not own the land, and she suggested these conditions be applied following reclamation, once
development begins. In response to Chair Hall, Ms. Brand stated the plans meet the setback
requirements. Chair Hall commented the company is not required to dedicate the right-of-way; only
to indicate its location on the plat for setback measurements. Ms. Brand stated the right-of-way
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HEARING CERTIFICATION - ANDESITE ROCK COMPANY (USR#1206)
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requirement should only apply to this application for the extension. In response to Mr. Morrison,
Mr. Jerman stated he intended to receive a plat for the amended area only. Responding to
Commissioner Baxter, Don Carroll, Department of Public Works representative, explained Weld
County Roads 24.5 and 7 are designated as collector roads in the MUD which require eighty feet
of right-of-way. Ms. Brand suggested eliminating the median to allow for more room.
Commissioner Kirkmeyer stated that would require an amendment to the MUD Standards which
were based on a recent traffic impact study of the area. Monica Mika, Director of Planning
Services, explained this and the previous Special Review Permit will work together; however, they
are separate permits which may have different Conditions of Approval and Development
Standards. Based on Ms. Mika's explanation, Chair Hall clarified the right-of-way requirement only
applies to Weld County Road 24.5. Mr. Morrison stated the pond embankment may not require
a building permit and the setbacks only pertain to structures requiring building permits. Ms. Mika
stated the Building Code authorizes issuance of a building permit for a pond depending on the
slope of the embankment. In response to Commissioner Kirkmeyer, Mr. Morrison stated the ten-
foot right-of-way may not be an issue at this stage; however, it will need to be readdressed when
the applicant applies for a Planned Unit Development. He further stated regardless of the ten feet
of right-of-way, the pond may impact the existing road. Responding to Mr. Morrison, Ms. Brand
stated the pond design is for both the original Special Review Permit and will be incorporated into
the Planned Unit Development, and is technically part of this Special Review Permit based on the
application materials. Mr. Jerman stated he was expecting to receive one map of the expansion
area, rather than the entire site. Mr. Morrison suggested using the map provided and shading out
the original permit area which is not applicable. In response to Mr. Morrison, Ms. Brand stated the
pond was approved as part of the original permit. Mr. Morrison stated if the County previously
signed off on the existing right-of-way on Weld County Road 7 in the original permit, the County
may not be able to require it with this permit. Responding to Commissioner Kirkmeyer, Ms. Brand
indicated the location of the storage pond.
Dennis Duvell, Andesite Rock Company, gave a brief history of the company and stated the
reservoir is ninety percent complete as approved by the Board for the original mining operation
area. He explained that Weld County Road 7 was discussed in relation to the location of the pond,
and at that time, the Public Works Department felt the pond would have no major impact on the
road. Commissioner Baxter stated if this application pertains only to the extension, then Condition
of Approval#4.A.3 does not apply. In response to Chair Hall, Ms. Brand stated the setbacks along
Weld County Road 24.5 are adequate to designate an additional 10 feet of right-of-way. In
response to Commissioner Geile, Ms. Brand indicated the location of both Weld County Road 24.5
and 7. Chair Hall suggested deleting Condition of Approval #4.A.2 and address the right-of-way
on Weld County Road 7 during the Planned Unit Development process. In response to
Commissioner Kirkmeyer regarding #1 of Exhibit E, Ms. Brand stated the Planning Commission
amended one of the Conditions so now the applicant must obtain appropriate permits prior to
disturbing the wetlands. She further stated the applicant understands and agrees with the
Conditions of Approval and Development Standards as discussed.
No public testimony was offered concerning this matter.
Commissioner Kirkmeyer moved to approve the request of Andesite Rock Company for a Site
Specific Development Plan and Special Review Permit #1206 for a mining operation in the A
(Agricultural)Zone District, based on the recommendations of the Planning staff and the Planning
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HEARING CERTIFICATION - ANDESITE ROCK COMPANY (USR #1206)
PAGE 3
Commission, with the Conditions of Approval and Development Standards as entered into the
record with the deletion of Condition of Approval#4.A.3, amend the second sentence of Condition
of Approval#4.F by adding the words"of the parties"following the word "responsibility", and delete
Development Standard #9. The motion was seconded by Commissioner Vaad, and it carried
unanimously.
This Certification was approved on the 17th day of February, 1999.
APPROVED:
ATTEST et4 /f BOARD OF COUNTY COMMISSIONERS
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990285
PL1287
ATTENDANCE RECORD
Hearings Are as Follows on This 10th Day of February, 1999:
DOCKET#99-07 - CATTLEMAN'S CHOICE LOOMIX, LLC
DOCKET#99-08 -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(Please include City and Zip Code) DOCKET#OF HEARING ATTG
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EXHIBIT INVENTORY CONTROL SHEET
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Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes)
D. Clerk to the Board Notice of Hearing
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