HomeMy WebLinkAbout982145.tiff HEARING CERTIFICATION
DOCKET NO. 98-62
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT#1199
FOR OPEN CUT GRAVEL MINING AND A CONCRETE AND ASPHALT BATCH PLANT
IN THE A (AGRICULTURAL)ZONE DISTRICT -WESTERN MOBILE, INC.
A public hearing was conducted on November 4, 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
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, Sheri Lockman
Health Department representative, Sheble McConnellogue
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated October 15, 1998, and duly published October 21,
1998, in the Fort Lupton Press, a public hearing was conducted to consider the request of Western
Mobile, Inc., for Open Cut Gravel Mining and a Concrete and Asphalt Batch Plant in the
A (Agricultural) Zone District. Cyndy Giauque, Assistant County Attorney, made this a matter of
record. Sheri Lockman, 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. Ms. Lockman stated this application will combine three previously
approved Special Review Permits and 98 additional acres; however, all of the mining pits will be for
dry mining and there will be no changes to the current operating procedures. She stated a Road
Improvements Agreement currently exists for the existing Special Review Permits. Ms. Lockman
indicated the location of USR#397, USR#809, USR#1132, and the Adam and Heaton properties
as shown on Planning Commission Exhibit #19, and discussed the use on each property. She
explained the site is within the Mixed Use Development area, as well as the one hundred (100) year
flood plain as designated by Federal Emergency Management Agency (FEMA). Ms. Lockman
stated after numerous conversations with representatives from FEMA, it was determined a Flood
Hazard Development Permit is required prior to finalizing the Special Review Permit, and she
recommended adding Condition of Approval #2.1 to state, "The applicant shall apply and be
approved for a Flood Hazard Development Permit for any development that will increase or
decrease the base flood elevation in the flood plain as delineated on FEMA Panel Map#080266
0850 C, dated September 28, 1982." She further stated FEMA requires a Letter of Map Revision
to be applied for upon completion of the mining use and requested Development Standard #41 be
added to state, "The applicant shall submit to FEMA an application for a Letter of Map Revision in
accordance with 44 CFR, Chapter 1.65.3, or provide evidence to the Department of Planning
Services from FEMA that this application is not applicable." Ms. Lockman clarified Development
Standard #4.a should be corrected to refer to the "St. Vrain River", rather than the "South Platte
River", and stated the Health Department staff has requested the word "residential" be replaced
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with "industrial" in Development Standard#8. Ms. Lockman submitted referrals from the Colorado
Division of Wildlife and the Colorado Department of Transportation, marked Exhibits F and G. In
response to Commissioner Kirkmeyer, Don Carroll, Department of Public Works representative,
stated the most recent amendment to the Road Improvements Agreement is dated 1994, and the
existing haul route appears to be in good order. Responding the Commissioner Kirkmeyer, Ms.
Lockman stated the applicant will be able to complete Condition of Approval#2.E within thirty days.
Mike Hart, representative of the applicant, stated mining began in 1989, and explained after working
with staff it was determined that it would be better to vacate the existing permits and include them
all under one new permit, rather than amend each one. Mr. Hart displayed slides of the site, marked
Exhibit E, and gave a brief description of the mining operation. He stated Western Mobile already
has two Flood Hazard Permits for the previous Special Review Permits; however, it is willing to
comply and obtain another one. Mr. Hart indicated proposed Development Standard #41 regarding
FEMA's request for a Letter of Map Revision is unnecessary. He stated the proposed operation will
create some additional storage; however, it will not change the flood plain boundary. Responding
to Commissioner Hall regarding the referral from the Division of Wildlife, Mr. Hart stated eagles nest
in the area and Western Mobile came to an agreement with the Environmental Protection Agency
to cease or limit mining when the eagles are present. In response to Commissioner Kirkmeyer, Ms.
Lockman stated the Flood Hazard Permit is required by FEMA based on the definition of
"development" and the possibility of changing the base flood elevation regardless of whether the
boundary is changed. Scott Ballstadt, Department of Planning Services representative, added if
Weld County does not enforce FEMA's requirements, it will jeopardize its participation in the flood
insurance program. Responding to Commissioner Kirkmeyer, Ms. Lockman stated any new or
amended operation is required to obtain a Flood Hazard Development Permit and apply for a Letter
of Map Revision. Mr. Hart clarified the applicant is willing to obtain another Flood Hazard
Development Permit; however, it is difficult to work with FEMA and Western Mobile may not be able
to obtain a letter stating the Letter of Map Revision is not applicable. In response to Commissioner
Kirkmeyer, Mr. Hart stated submitting an application for a Letter of Map Revision requires a lot of
computation and engineering to describe flood flows across the property. Commissioner Kirkmeyer
suggested changing the wording in Development Standard #41 to state, "The applicant shall
continue to work with FEMA to determine whether an application for a Letter of Map Revision is
necessary." She indicated by having the applicant work with FEMA,they will be able to proceed with
their plans and the County will maintain its eligibility in the flood insurance program. Ms. Giaugue
suggested adding that the applicant comply with FEMA's requirements. Commissioner Kirkmeyer
stated if FEMA determines an application is necessary, the applicant will have to comply.
Responding to Commissioner Baxter, Mr. Hart stated this is the first time he has had to go through
this process of obtaining a Letter of Map Revision to excavate gravel in the flood plain. Ms.
Lockman stated the applicant can also consider asking for a Conditional Letter of Map Revision from
FEMA determining whether a map revision is applicable.
Responding the Commissioner Kirkmeyer, Mr. Hart stated in 1997, the Board approved USR#1132,
and there may have been discussion regarding the Road Improvements Agreement. Mr. Hart gave
a brief description of the details included in the agreement. Mr. Carroll clarified he will include a
copy of the latest agreement in the file and stated the applicant is in compliance with the agreement.
Mr. Hart stated the operator of the facility indicated the haul route along Weld County Road 7 from
the entrance to Highway 119 last year as part of the agreement. Responding to Commissioner
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Kirkmeyer, Mr. Hart stated the applicant is not proposing to add new accesses. Commissioner
Kirkmeyer requested Condition of Approval #2.A.2 be deleted.
No public testimony was offered concerning this matter.
Commissioner Kirkmeyer moved to approve the request of Western Mobile, Inc., for a Site Specific
Development Plan and Special Review Permit#1199 for Open Cut Gravel Mining and a Concrete
and Asphalt 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 deleting Condition of Approval#2.A.2, add Condition#2.1
as submitted by staff, change the wording in Development Standard#4.a from "South Platte River"
to "St. Vrain River", changing the wording in Development Standard #8 from "residential" to
"industrial", and add Development Standard #41, as discussed above. The motion was seconded
by Commissioner Baxter, and it carried unanimously.
This Certification was approved on the 9th day of November, 1998.
APPROVED:
ATTEST: /04BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk t. e r-
'cct ConstanpeL. H rbeyt, Chair
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Deputy Clerk to y rd-Cri >�
�Ul i W. H. We ster, Pro-Tem
TAPE #98-30 1N
eorge . axter
DOCKET#98-62
Dale K. Hall
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arbara J. Kirkmeyer
982145
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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 p Notice of Hearing
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