HomeMy WebLinkAbout991140.tiff HEARING CERTIFICATION
DOCKET NO. 99-42
RE: ACTION OF THE BOARD CONCERNING 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 June 30, 1999, at 10:00 a.m., with the following present:
Commissioner Dale K. Hall, Chair
Commissioner Barbara J. Kirkmeyer, Pro-Tem - EXCUSED
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 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) zoned
A (Agricultural) in a MUD (Mixed Use Development) area. 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. Mr. Jerman explained that the materials used in the batch
plant will be hauled to the site and stockpiled rather than being mined on-site. He gave a brief
description of the location of the site which is a total of 115 acres in size; however, only five acres
will be included in the Use by Special Review Permit. Mr. Jerman stated the batch plant was
constructed without building permits and some of the surrounding buildings do not meet setback
requirements and will need to be moved. He further stated twelve referral agencies responded
favorably, and the Town of Mead expressed no concerns; however, two letters of opposition have
been received concerning requirements of the site within the Mixed Use Development area. Mr.
Jerman stated the Mixed Use Development exempts the site from the requirements of a Planned
Unit Development and added the proposal is consistent with the Weld County Comprehensive Plan
and Agricultural Zone District. He further stated the site is compatible with surrounding uses and
future development of the surrounding area. In response to Commissioner Geile, Mr. Jerman
stated there is a subdivision proposed to locate southeast of the site along the St. Vrain River;
there are mature trees on-site to screen from the north, however, due to the topography the
applicants will need to address buffering on the south; and the permit does not limit the time the
concrete batch plant can exist. Responding to Commissioner Baxter, Mr. Jerman stated the batch
plant is located on five acres in the southwest corner of the property; the remaining 110 acres is
currently agricultural land, which the applicants plan to develop in the future, and the Colorado
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Department of Transportation is requesting the applicants improve the 1-25 Frontage Road when
it becomes necessary. Don Carroll, Department of Public Works, stated he has no concerns with
the proposal since the site accesses the State road system.
Karen Radakovich represented the applicants and stated the applicants did construct the batch
plant without building permits; however, they did begin the Use by Special Review Permit process
in October 1998. She stated this type of operation is a good use for land which is classified as
commercial/industrial and is similar to some of the surrounding uses. Ms. Radakovich stated the
applicants will address the concerns regarding landscaping, berms, dust abatement, drainage, and
noise abatement as required by the Conditions of Approval, and added the view of the surrounding
properties is not significantly affected by the batch plant structures. She further stated that Section
31.4.1 of the Zoning Ordinance requires a batch plant obtain a Use by Special Review Permit;
therefore, the Planned Unit Development and Mixed Use Development standards do not apply.
In response to Commissioner Geile, Ms. Radakovich stated the trailer and water tank are located
within the setback area; however, Colorado Department of Transportation does not currently need
the designated setback area and the applicants are requesting they not be required to move the
structures until use of the setback area is required. Responding to Commissioners Baxter and
Vaad, Ms. Radakovich indicated the location of the adjacent development and stated no
construction took place on the site prior to October 1998.
Maclovio Martinez, applicant, stated the northwest 35 acres has been sold and the batch plant was
placed in the southwest corner because the land is not useful for anything else. Mr. Martinez
stated his son Francisco is a developer and has a difficult time getting concrete so they decided
to manufacture their own. Mr. Martinez stated the building is nice and they have submitted a
reclamation plan for the area once the use is complete. In response to Commissioner Vaad, Mr.
Morrison stated the site is zoned Agricultural and located within the Mixed Use Development area
which is conceptual and is not a zone district; however, it does allow certain types of development
and uses. Responding to Commissioner Vaad, Mr. Martinez stated there is a letter of commitment
from the Little Thompson Water District, the site uses septic systems, the Mountain View Fire
Protection District does not require fire hydrants within 150 feet of the building, and there is a report
from an engineer regarding the foundation inspection.
Mike Siegrist, surrounding property owner, stated he is developing in the area and this batch plant
was not in the plans for a surrounding use. Mr. Siegrist displayed the plans for the River Dance
Development as included in Exhibit E, and stated the Mixed Use Development area exempts sand
and gravel operations; however, this application does not propose to mine sand and gravel on-site
and should not be compared to a mining operation. He stated this application is more similar to
a manufacturing operation and should be fully enclosed to alleviate concerns of run-off, and added
no amount of landscaping will sufficiently buffer the noise or unsightliness generated by the
operation due to its location on a hill above his development.
Robert Siegrist, surrounding property owner, asked whether the applicants have obtained air and
water pollution permits and stated he is not aware of similar types of operations in the area. He
stated there is a process which must be followed regarding the reservation of areas with mineral
resources until the area has been completely mined, and this proposal does not lie within a mineral
conservation area and should not be associated with the mining classification. Mr. Siegrist stated
he has followed the necessary procedures and invested much time and effort into developing 500
acres, and his plans are now threatened by this proposal.
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Cindy Reddington, Griffen Marketing, expressed concern with the impact this proposal will have
on the real estate market in the surrounding area. She stated that although the use may be
temporary, the site will have an effect not only on the neighboring development, but on the
applicants' future development.
Ron Wilson, consultant for the applicants, stated concrete batch plants are classified as
manufacturing operations because they are monitored by OSHA, whereas mining is classified
differently and is monitored by MSHA.
Cameron Grant represented Siegrist Construction Company, and stated if the applicants had
followed the correct permitting process,the surrounding property owners would have been notified
and could have addressed these issues prior to structures being built. He stated the plant only
manufactures concrete and is not associated with a sand and gravel operation. Mr. Grant stated
the Mixed Use Development area allows manufacturing processes as long as they are completely
enclosed; however, this proposal is not. He further stated the location of the plant minimizes the
impact to the Martinez property and greatly affects the Siegrist property. Mr. Grant stated the plant
is located on a hill, the terrain drains directly onto Siegrist property, and the length of use could vary
depending on the economy. He requested that if the application is approved, there be a Condition
of Approval limiting the length of permitted use. Mr. Grant also requested the applicants use the
concrete for personal use only and not sell to outside users to reduce the amount of impact to the
area.
Ms. Radakovich stated the Conditions of Approval and Development Standards address the
concerns expressed regarding the impact on the surrounding view; she was not sure of the type
or location of similar uses in the area; and concrete batch plants do not need to be associated with
sand and gravel mining because they are both included under the Agricultural Zone District. In
response to Commissioner Geile, Ms. Radakovich stated this use is located in the Agricultural Zone
District and if all of the Mixed Use Development standards are fully implemented, all of the uses
allowed under the Zoning Ordinance would be excluded. Chair Hall commented that the Mixed Use
Development standards only apply if a Use by Special Review Permit is not the proper process.
He stated Section 31.4.1 of the Zoning Ordinance does not apply to the Agricultural Zone District.
Mr. Morrison stated the Board must also consider the Mixed Use Development Ordinance and how
it applies to the surrounding uses. Commissioner Vaad commented that Mixed Use Development
Policy#5 only applies if the temporary use is defined, and he would be willing to consider setting
a certain date or a term when the permit could be reviewed to determine whether an extension is
appropriate. Ms. Radakovich stated the proposal is compatible with the surrounding uses because
the River Dance Development is not yet constructed. In response to Commissioner Baxter, Mr.
Jerman stated the applicants have submitted a Landscaping Plan; however, it will not be discussed
by staff until after the Use by Special Review Permit is approved. He gave a brief description of
the existing screening and stated a dust abatement plan has not yet been submitted. Ms.
McConnellogue confirmed there is no dust abatement plan as of this date and indicated the fly ash
will be stored within the facility. In response to Commissioner Baxter, Ms. McConnellogue stated
there will be specific standards imposed and the plan will be reviewed by an air quality specialist.
Ms. Radakovich estimated the useful life of the operation to be approximately 15 years; however,
it may be longer if the economy continues to expand. Responding to Commissioner Vaad, Mr.
Morrison stated if a term is set for the permit, it will be difficult for a future board to uphold;
however, it may be possible to accomplish through a covenant if the applicants are willing.
Commissioner Vaad commented it would be nice to have some assurance of the length of time the
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operation will exist for the future homeowners. Mr. Morrison stated it is hard to enforce a future
issue; however a covenant remains with the land and is enforceable if the permit is out of
compliance or a future board disagrees with the action. Following further discussion, Ms.
Radakovich met with the applicants who indicated they are willing to consider a 15-year useful life
for the operation, if the term can be reconsidered based on the future economy and the number
of lots in their development which may still need to be built. She further stated the applicants are
requesting that while an agreement is being negotiated, they be allowed to operate. In response
to Chair Hall, Francisco Martinez, applicant, stated the purpose of the batch plant is to manufacture
concrete to be used for their own development, as well as the potential to supply the Colorado
Department of Transportation and local developers because there is a big need for the concrete
off-site. In response to Ms. McConnellogue, Ron Wilson stated a discharge permit is necessary
for the water used to wash the trucks; however, the water is reusable and the solids will be hauled
off-site every couple of days. Ms. McConnellogue requested Condition of Approval#2.Q be added
regarding the requirement of a Waste Handling Plan. In response to Chair Hall, Ms. Radakovich
stated the applicants want to finish with the hearing today, rather than continue to a date when the
full Board is present.
After meeting with his clients, Mr. Grant stated fifteen years is too long; however, they would be
willing to consider an agreement with a shorter term, such as five years, due the location of the
plant and the impacts it will have on their development. Ideally the Siegrists would like to see
Section 2.2.1 of the Mixed Use Development Ordinance enforced and have the entire operation
conducted within an enclosed structure. Chair Hall commented it does not appear that an
agreement will be reached today; however, there is the potential for one at a later date following
some negotiation. He suggested continuing this case until the applicants can meet with the
Siegrists and try to negotiate an agreement. Responding to Chair Hall, Ms. Radakovich stated
there are many issues to be negotiated and she is not sure that it is possible, and regardless of
whether an agreement is met, her client would like to begin operation. Chair Hall stated he does
not feel early operation would be appropriate due to the existing violation and construction without
permits. In response to Mr. Jerman, Mr. Morrison stated that although there is a zoning violation
on the site, the Board can continue the Use by Special Review case regardless of the violation.
Commissioner Vaad moved to continue 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 the MUD (Mixed Use Development) area,
until July 14, 1999, at 10:00 a.m., to allow the applicants adequate time to meet with Mr. Siegrist
and attempt to negotiate an agreement regarding the temporary nature of the site. The motion was
seconded by Commissioner Baxter. Commissioner Geile stated he has concern with the existence
of the plant without the proper permitting process, as well as whether this type of use applies to
Planned Unit Development Ordinance. He further stated he is not sure that an agreement can be
reached; however, he would like to see the applicants make an attempt at the negotiations. The
motion carried unanimously.
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This Certification was approved on the 7th day of July, 1999.
APPROVED:
ATTEST: LW �ii��; BOARD OF COUNTY COMMISSIONERS
W OUNTY, COL RADO
, �F
Weld County Clerk to eCI
� I `O �' Dale K. Hall, Chair
BY: - - .t `�C '`"'3 �
Deputy Clerk to t : - d• "" EXCUSED
u ✓ Barbara J. Kirkmeyer, Pro-Tem
TAPE #99-23
EXCUSED DATE OF APPROVAL
George E. xter
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991140
PL1315
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 30TH DAY OF JUNE, 1999:
DOCKET#99-37 - WILMA PYLE
DOCKET#99-41 - JERRY AND JEANNIE BESS
DOCKET#99-42 - FRANCISCO AND MACLOVIO MARTINEZ
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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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 30TH DAY OF JUNE, 1999:
DOCKET#99-37 - WILMA PYLE
DOCKET#99-41 - JERRY AND JEANNIE BESS
DOCKET#99-42 - FRANCISCO AND MACLOVIO MARTINEZ
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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