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Home My WebLink About990987.tiff HEARING CERTIFICATION DOCKET NO. 99-24 RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1219 FOR OPEN CUT GRAVEL MINING AND A BATCH PLANT IN THE A (AGRICULTURAL) ZONE DISTRICT - SAND LAND, INC., c/0 PASQUALE AND JACQUELINE VARRA A public hearing was conducted on April 28, 1999, at 10:00 a.m., with the following present: Commissioner Dale K. Hall, Chair- EXCUSED Commissioner Barbara J. Kirkmeyer, Pro-Tern Commissioner George E. Baxter Commissioner M. J. Geile - TARDY Commissioner Glenn Vaad Also present: Acting Clerk to the Board, Esther Gesick County Attorney, Bruce Barker Planning Department representative, Sheri Lockman Health Department representative, Jeff Stoll Public Works representative, Don Carroll The following business was transacted: I hereby certify that pursuant to a notice dated April 14, 1999, and duly published April 17, 1999, in the Fort Lupton Press, a public hearing was conducted to consider the request of Sand Land, Inc., % Pasquale and Jacqueline Varra for Open Cut Gravel Mining and a Batch Plant in the A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record. Commissioner Kirkmeyer, Chair Pro-tem, explained that since there is only a quorum of four commissioners, in the event of a tie vote, the fifth Commissioner will review the tape and make a determining decision. Sheri Lockman, 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. Lockman submitted suggested changes to accommodate the access from State Highway 66 or Weld County Road 17, marked Exhibit I, stated the site is 295 acres in size, and gave a brief description of the surrounding uses. She stated seven of the twelve referrals responded favorably and four did not respond; however, the Town of Platteville did express concern with the intersection of the proposed access onto State Highway 66, and there are two letters of opposition from surrounding property owners. Ms. Lockman stated the Colorado Department of Transportation (CDOT) expressed concern with using Weld County Road 17 as an access due to restricted sight distance and is requesting a traffic study be conducted to determine what improvements will be necessary. In response to Commissioner Kirkmeyer, Ms. Lockman stated the proposed haul route enters the site at Weld County Road 17 and exits onto State Highway 66; however, currently the only access onto Highway 66 is for the existing residence. Bradford James, Attorney, represented the applicant and stated the applicant proposes to extract approximately 157.9 acres which will be converted into ponds when the mining is complete. He stated the facility is located on the upper terrace of the St. Vrain River in a 990987 cc : Pt PL1300 HEARING CERTIFICATION - SAND LAND, INC., % PASQUALE AND JACQUELINE VARRA (USR#1219) PAGE 2 agricultural area and the expected mining life is twenty to thirty years. Mr. James stated there will be twenty employees and approximately 200 truck loads per day. He explained the proposed landscaping to be located on the north border, as well as near the central residence to help mitigate sound. Mr. James stated the noise level at the crusher is approximately 80 db(A) and reduces by ten decibels 100 feet from the crusher and further reduces by five decibels every 100 feet until the edge of the property. Mr. James stated CDOT is requesting a simple traffic study, and the applicant is waiting for a flood plain permit although there are no structures in the plain, and the Public Works Department is requesting a Storm Water Drainage Plan be completed by May 15, 1999. He stated the applicant does have a storm water permit and DMG approval. Mr. James added following the reclamation the site will be part of a conservation project. In response to Commissioner Geile, Mr. James stated the total permit area is 295 acres in size which excludes the residence in the center of the permitted area. Responding to Commissioner Baxter, Mr. James stated the railroad has been abandoned and is owned by the Town of Firestone to be used as part of the Rails to Trails Program. In response to Commissioner Vaad, Mr. James explained the applicant did conduct a preliminary test on the surrounding well water levels and added a majority of the surrounding property owners use their wells for irrigation. Responding to Commissioner Kirkmeyer, Mr. James stated the applicant is not opposed to using Weld County Road 17 as an access; however, it is twice as far than the proposed access off of Highway 66. He stated CDOT will allow 100 vehicles per day until the traffic study is complete, and added a majority of the truck traffic will enter from the west and exit to the west. In response to Commissioner Kirkmeyer, Don Carroll, Department of Public Works, stated Weld County Road 17 is classified as a low volume gravel road and acceleration and deceleration lanes may be required at either access due to the high speed and volume of traffic on Highway 66. No public testimony was offered concerning this matter. In response to Commissioner Kirkmeyer, Mr. James estimated the distance from the access at Weld County Road 17 to the proposed access to be approximately 1,300 feet. Chris Varra, President of Sand Land, Inc., stated there is a bad sight distance at the access to Weld County Road 17 and during the winter the conditions are worse with thick fog. He explained there is not a problem entering at Weld County Road 17; however, it would be better to exit onto Highway 66. In response to Commissioner Kirkmeyer, Mr. Varra estimated the proposed access to be approximately 2,100 feet from the river. Commissioner Kirkmeyer commented this portion of Highway 66 is already a high hazard area with several fatal traffic accidents in 1998 and additional access will not help the situation. She stated the driving public is more likely to be aware of an access at Weld County Road 17 than to slow down for truck traffic entering from the proposed access. Mr. Varra stated the Town of Platteville is considering the construction of concrete plants in the area and they will need to consider their own impact of the traffic in the area regardless of the mining operation and added the traffic accidents were all alcohol related. Commissioner Kirkmeyer commented the traffic count on State Highway 66 is over 6,000 vehicles per day. Mr. James stated CDOT will consider both accesses in the traffic study and will not approve an access that is not safe. In response to Commissioner Kirkmeyer, Mr. Carroll stated if the Board or applicant has specific concerns, they can be submitted to the State Engineer conducting the traffic study to take into consideration. 990987 PL1300 HEARING CERTIFICATION - SAND LAND, INC., % PASQUALE AND JACQUELINE VARRA (USR #1219) PAGE 3 Commissioner Vaad moved to approve the request of Sand Land, Inc., % Pasquale and Jacqueline Varra for a Site Specific Development Plan and Special Review Permit#1219 for a Open Cut Gravel Mining and a Batch Plant 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 and the changes as submitted by staff. The motion was seconded by Commissioner Baxter. Mr. James stated the applicant has reviewed and agrees with the Conditions of Approval and Development Standards with the understanding that the applicant is allowed to use either dust suppressants or water depending on what is needed and appropriate. Ms. Lockman stated Development Standard #11 addresses the dust abatement and the words "dust suppressant" allow for the use of both chemical and water suppressants. Commissioner Kirkmeyer requested Condition of Approval #2.A be amended to reflect which access is safest. Mr. Barker stated that may not be necessary because the purpose of a traffic study is to reflect the safest access. Commissioner Kirkmeyer commented the study will address the length of acceleration and deceleration lanes and other technical requirements; however, it may not specifically address which access would be the safest. Commissioner Vaad amended his motion to change Condition of Approval #2.A to read, "The applicant shall submit to the Colorado Department of Transportation a traffic study to help determine necessary improvements, as well as conclude which access will be safest." Commissioner Baxter agreed with the amendment and the motion carried unanimously. This Certification was approved on the 28th day of April, 1999. APPROVED: ATTEST: j4/,4j/7BOARDOFCOuNTYCOMMlSSIONERS ELD COUNTY, COLORADO Weld County Clerk to the Iticel r(� , _. € USED BY. . Hall, Chair Deputy Clerk to the Boa ; -� /� .Barbara . Kirkmeyer, Pro-Tem (/ \ TAPE #99-14 eorg ter DOCKET#99-24 . J. ile Glenn Vaa 990987 PL1300 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 28TH DAY OF APRIL, 1999: DOCKET#99-22 - WILLIAM HARPER DOCKET#99-24 - SAND LAND, INC., % PASQUALE AND JACQUELINE VARRA 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)Co DOCKET#OF HEARING ATTENDING �JOXa4? (/_)04/'[�/, S e/S h/�4 J'� et ca-r/-e� CO 805 31 ?? / r`� <3 14(RG41 51`�5 ! A)c ,e � 2 Lr)aov oew� S(c,�'pcf 99 22 a �/,1L�� /� 5/ s 7 (oc O 3 �Z_ L0 u�u,e,�y eiQsa/ 9Y- / /T -a 2/ - e g 3-2--- (7I' c-, „ <'-ed. - SS` d S'a5/. VT ... 07? mt, [ ( JV[[s: : 7 At/ L no 91.. +2OCe/7 1- fit “I?$/f 1 /o /7/// //VT./ 67 eis,1P/ F,2C / _5---2/Ar.,, L .4_ w•.4a.4 1/a�MLlar /..5-/S-2 Luca ! 3 Le rim,al ienCaY 09,,:z. (o( A -T /s 42-.2-1 42 /u r � , Fi- �-�, , 7070/ lL' t'Oco•c.e"el 5 low,r,,,e,A, , in75oVacie/? � ro-e-C� LC L7/o,-1 �('2A-4 4.,V -7,,h 44-4A 2:(-) 3 EXHIBIT INVENTORY CONTROL SHEET Case USR #1219 - SAND LAND, INC., % PASQUALE AND JACQUELINE VARRA 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. Planning Staff Letter from Robert Collins (03/08/99) F. Planning Staff Letter from Jessie Cogburn (03/08'99) G. Planning Staff Varra Companies, Inc., Landscape Plan H. Planning Staff Corrected Planning Commission Resolution Planning Staff List of suggested changes to Conditions of Approval J. K. L. M. N. O. P. Q. R. S. T. U. V. W. Hello