HomeMy WebLinkAbout960327 HEARING CERTIFICATION
DOCKET NO. 96-08
RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1102 FOR A
WET SAND AND GRAVEL MINING OPERATION IN THE A (AGRICULTURAL) ZONE
DISTRICT -OWENS BROTHERS CONCRETE COMPANY
A public hearing was conducted on March 6, 1996, at 10:00 a.m., with the following present:
Commissioner Barbara J. Kirkmeyer, Chair
Commissioner George E. Baxter, Pro-Tern
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, Shani Eastin
The following business was transacted:
I hereby certify that pursuant to a notice dated February 21, 1996, and duly published February 22,
1996, in the North Weld Herald, a public hearing was conducted to consider the request of Owens
Brothers Concrete Company for a Site Specific Development Plan and Special Review Permit#1102
for a wet sand and gravel mining operation in the A (Agricultural) Zone District. Lee Morrison,
Assistant County Attorney, made this a matter of record. Shani Eastin, Planning Department
representative, presented a brief summary of the proposal and entered the favorable
recommendation of the Planning Commission into the record as written, including amended
language for Condition of Approval#3a conceming the haul route. She referenced her memo dated
March 6, 1996, to the Board and the memo dated February 27, 1996, to her from Don Carroll, Public
Works Department, and read into the record said amended language recommended by staff. Ms.
Eastin noted the concerns of surrounding property owners have been addressed by the Conditions
of Approval. Paul Gesso, consultant, and John Owens, one of the owners of Owens Brothers
Concrete Company, represented the applicant. Mr. Owens stated the Colorado company is family-
owned and is asking for approval of its own operation on property owned since 1985. He confirmed
details are being resolved regarding the questions and concerns about roads and water. Mr. Gesso
briefly reviewed the project in which 80 of the 105-acre site will be mined for the company's own use.
He illustrated the four phases of the project by referencing the"Extraction Map" and further explained
the details of the operation. Regarding referral agency comments, Mr. Gesso stated the wetlands
will not be disturbed and agreements have been arranged concerning the oil and gas and ditch
easements. He also noted the neighbors concerns about protection of wells, surface drainage, a
natural spring, dust, etc., have all been addressed and draft letters of agreement have been provided
to Joe Timko and Gilbert Acord, surrounding property owners, to protect their water rights. Mr.
Gesso also referenced the draft agreement for road maintenance, on which they have been working
with the Public Works Department. He confirmed all other necessary permits will be obtained upon
approval of this Permit. Responding to questions from the Board, Mr. Gesso reiterated the haul
route as recommended by Public Works, and Ms. Eastin confirmed Weld County Road 24 turns into
Highway 119. Drew Scheltinga, County Engineer for Public Works Department, further clarified
960327
12L PL1022
RE: HEARING CERTIFICATION - OWENS BROTHERS CONCRETE COMPANY (USR#1102)
PAGE 2
Road 24 is paved and accesses 1-25. Herb Acord, representing Gilbert Acord, stated he is not
protesting this proposal but wants to make sure the applicant complies with the Permit. Chair
Kirkmeyer stated Mr. Acord should contact the Planning Department in case of problems. Mr. Acord
reiterated concerns about the wells and the need for the applicant to stand by its agreements. He
then responded to questions from the Board, and Ms. Eastin referenced Condition of Approval #3i
requiring the submittal of an agreement with Gilbert Acord regarding the continued delivery of
irrigation water. Mr. Acord then confirmed he is aware of all Conditions of Approval and is
negotiating agreements with the applicants. Chair Kirkmeyer clarified all matters must be complete
prior to recording the plat. Mr. Timko stated he has no objections to the draft letter he recently
received; however, he would like additional time for review. He voiced further concerns regarding
his wells and noted the agreement includes monitoring of water and a contact person in case of
problems. Commissioner Harbert suggested the Planning Department also be contacted if problems
occur. Commissioner Baxter moved to approve the request of Owens Brothers Concrete Company
for a Site Specific Development Plan and Special Review Permit#1102 for a wet sand and gravel
mining operation 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 amendment to Condition of Approval #3a as entered into
the record by staff. The motion was seconded by Commissioner Webster, and it carried
unanimously.
This Certification was approved on the 11th day of March, 1996.
APPROVED:
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960327
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 6TH DAY OF MARCH, 1996:
DOCKET#96-08 - USR#1102 for Owens Brothers Concrete 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) HEARING ATTENDING
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