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Home My WebLink About982434.tiff HEARING CERTIFICATION DOCKET NO. 98-65 RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT#1200 FOR A CEMENT TRANSFER FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT - DACOTAH CEMENT A public hearing was conducted on December 14, 1998, at 10:00 a.m., with the following present: Commissioner Constance L. Harbert, Chair Commissioner W. H. Webster, Pro-Tem Commissioner George E. Baxter- EXCUSED Commissioner Dale K. Hall Commissioner Barbara J. Kirkmeyer Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Lee Morrison Planning Department representative, Ben Patton Health Department representative, Sheble McConnellogue Public Works representative, Don Carroll The following business was transacted: I hereby certify that pursuant to a notice dated November 2, 1998, and duly published November 11, 1998, in the Fort Lupton Press, a public hearing was conducted on November 23, 1998, to consider the request of Dacotah Cement for a Cement Transfer Facility in the A (Agricultural) Zone District, at which time said matter was continued to December 14, 1998. At said hearing on December 14, 1998, Lee Morrison,Assistant County Attorney, stated a corrected notice dated November 20, 1998, was duly published November 25, 1998, in the Fort Lupton Press. Ben Patton, 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. He gave a brief description of the location of the sight and the surrounding uses. Mr. Patton stated the facility will have seven to twelve employees, and the operation will require between ten and twenty truck trips per day. He further stated the Public Works and Health Departments are requesting the applicant pave and use dust abatement procedures to reduce dust around the site. Mr. Patton indicated the application is consistent with the Zoning Ordinance, Comprehensive Plan, and A(Agricultural)Zone District, and is partially located within the Town of Keenesburg's Urban Growth Boundary. Mr. Patton explained the plat will be changed to reflect two smaller domes rather than the 89,000 capacity dome. Tom Merrigan, attorney, represented the applicant, and stated the applicant has studied similar operations across the country and explained this facility will mine and sell the cement to meet the local demand. Mr. Merrigan stated the mined cement will be off-loaded from Burlington Northern railroad cars which will arrive at approximately 3:00 a.m., twice a week. He explained the railcars are then moved into a sealed atmosphere while being unloaded. Mr. Merrigan stated Dacotah Cement is anticipating the Town of Kennesburg will annex the property, and will provide city water. In response to Chair Harbert, Bob Fleming, Adco Consulting, stated the office will either be located in the loading building or in a smaller separate building not shown on the plat. He explained this facility will cost between eight and thirteen million dollars to construct, and the proposed location of �� 982434 dG.' Pt PL1272 HEARING CERTIFICATION - DACOTAH CEMENT (USR #1200) PAGE 2 the railway is being considered to run south through Keenesburg for future industrial sites. Mr. Fleming stated the cement is delivered in bulk, either by train or by truck. Responding to Commissioner Webster and Chair Harbert, Mr. Fleming stated the facility should be quiet because the unloading is done in an enclosed building, and Dacotah Cement does not have a Road Improvements Agreement with the Town of Keenesburg because the property taxes once the facility is annexed will cover any damage done to the roads. In response to Chair Harbert, Don Carroll, Department of Public Works representative, stated if the Town of Keenesburg does not annex Dacotah Cement, he has been working with the applicant on a Road Maintenance Agreement for Weld County Roads 59 and 398. Mr. Patton requested Condition of Approval #2.E be added regarding the change to the plat to reflect two smaller domes rather than one large dome. Mark Whitfield, surrounding property owner, requested the applicant consider moving the tracks south of the facility to help reduce the amount of noise at his father's home which is 70 feet from the proposed tracks. He expressed concern with noise at 3:00 a.m. twice a week, and suggested the applicant be required to build a sound barrier. John Cordes, Town of Keenesburg Mayor, stated the Town is not against the application because they intend to annex the property and agree with the Development Standards if it is annexed. He clarified water is available; however, sewer service will require running a line under the railroad tracks. He stated the Town intends to annex Weld County Road 59 to form a contiguous boundary and then annex Weld County Road 398 and the property. In response to Commissioner Kirkmeyer, Mr. Merrigan stated Dacotah Cement is working with Keenesburg's attorney to draft a Pre-Annex Agreement. Following discussion, Mr. Morrison stated maintenance of the haul route will be addressed either by a Road Improvements Agreement with the County or through annexation into the Town of Keenesburg. In response to concerns expressed by Mr. Whitfield, Mr. Fleming stated the train schedule is determined by the Burlington Northern Railroad; however, a Condition could be added to ensure unloading does not occur until later in the day. He stated moving the tracks may create a traffic problem for future development and indicated a sound barrier is the best option. In response to Commissioner Hall, Mr. Morrison explained the two phases of annexation for Weld County Roads 59 and 398 can be done at the same time with separate actions. Commissioner Kirkmeyer suggested amending Condition of Approval #2.A to include the maintenance of Weld County Road 398 in the Road Improvements Agreement, and adding Condition of Approval #2.E regarding changing the plat to identify two storage domes and the office area. Commissioner Kirkmeyer suggested the sound mitigation be addressed in the Landscaping Plan and a Development Standard be added regarding the unloading time. Mr. Fleming stated Dacotah Cement will maintain 100 percent of the described 1,000 feet, which is intended to be paved with cement; however, he requested their maintenance responsibility on Weld County Road 398 be based on the proportion of traffic the applicant contributes. In response to Commissioner Kirkmeyer, Mr. Fleming stated the applicant is in agreement with the Conditions of Approval and Development Standards, as well as the changes discussed, with the exception of delivery time because they cannot control when the trains arrive. He further stated the moving of railcars and time of unloading needs to be discussed with the operator of the Burlington Northern Railroad. Mr. Morrison suggested new verbiage for Condition of Approval#2.A for the record. Mr. Patton stated the Road Improvements Agreement is required prior to recording the plat and clarified it will only be in effect until the haul route is annexed. Following discussion, Mr. Morrison suggested Condition of Approval #2.A address the 1,000 foot portion of Weld County Road 59, and a new Condition of Approval #3 be added to state, "Prior to any Use by Special Review activity taking place an Improvements Agreement shall address the proportional contribution to maintenance and improvements to the haul route from the intersection of Weld County Roads 59 and 398 to the 1-76 interchange on Weld 982434 PL1272 HEARING CERTIFICATION - DACOTAH CEMENT (USR #1200) PAGE 3 County and Keenesburg roads. Annexation of the haul route will satisfy the proportional contribution requirement." Mr. Patton suggested the addition of a new Condition of Approval#2.C to state, "The applicant shall submit a Landscaping Plan to the Department of Planning Services for review. Upon approval, the landscaped areas shall be delineated on the plat. Such landscaping plan could include berming adjacent to the north property line to mitigate noise to existing residences" and a Development Standard be added regarding the hours of unloading which will be allowed. Commissioner Hall stated he would like the applicant to have the option of moving the railroad tracks or using a sound barrier along the northern boundary. Mr. Patton stated he will address these options with the applicant. Commissioner Kirkmeyer moved to approve the request of Dacotah Cement for a Site Specific Development Plan and Special Review Permit#1200 for a Cement Transfer Facility, 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 a change to the first sentence of Condition #2.A to state, "The applicant shall enter into a Road Maintenance Improvements Agreement with the Weld County Public Works Department for upgrading, paving, and maintenance of 1,000 feet of Weld County Road 59, due to heavy hauling," the amendment of Condition of Approval #2.C as suggested by staff, the addition of Condition #2.E to state, "The plat shall be amended to delineate the two smaller domes and office building.", the addition of a new Condition of Approval #3 be added to state "Prior to any Use by Special Review activity taking place an Improvements Agreement shall address the proportional contribution to maintenance and improvements to the haul route from the intersection of Weld County Roads 59 and 398 to the 1-76 interchange on Weld County and Keenesburg roads. Annexation of the haul route will satisfy the proportional contribution requirement," renumber Condition #3 to #4, the addition of Development Standard#16 to state, "The hours of loading and unloading shall be limited to the time between 6:00 a.m. and 10:00 p.m."and renumbering Development Standards#16,#17, and#18. The motion was seconded by Commissioner Hall, and it carried unanimously. This Certification was approved on the 16th day of December, 1998. APPROVED: ATTEST: �.I;i� ►, BOARD OF COUNTY COMMISSIONERS W D COUNTY, COLORADO Weld County Clerk t het Constance L. Harbert, Chair BY: Deputy Clerk to t'�: = EXCUSED DATE OF APPROVAL - «i1 t t W. H. Webster, Pro-Tem TAPE#98-34 -- EXCUSED orge E. Baxter DOCKET#98-65 Dal K. Hall arbara J. Kirkmeyer 982434 PL1272 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 14TH DAY OF DECEMBER, 1998: DOCKET#98-65 - DACOTAH CEMENT (CON'T FROM 11/23/98) 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 '),{11^`v//�a\` ,� I/ X11 . �r n l!` J �/ r Il, (� > � � `� t_ei (4Q e,/ CY.LL� SIC C ee,eLm Z5 ( 'O=rF_'�ZQ� fOAG1 O�4 _37o N Cor1,- ken,dsdwy to6t3 y'�'r6 uI f11 e /L4'(C t1 6 7 Y P 7) C.(An t ' 3zb 2L- Pia/I FL.Liv! / ✓ ' au 5! F (d>�`+-?v, 7W.)-1.4/T,J .11)L33 .‘')/-6 EXHIBIT INVENTORY CONTROL SHEET Case USR 1200 - DACOTAH CEMENT 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 E. F. G. H. J. K. L. M. N. O. P. Q. R. 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