HomeMy WebLinkAbout981681.tiff HEARING CERTIFICATION
DOCKET NO. 98-49
RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1194 FOR A
SAND AND GRAVEL MINING OPERATION IN THE A(AGRICULTURAL)ZONE DISTRICT-
WILLIAM AND MARGARET KOBOBEL
A public hearing was conducted on September 9, 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 - EXCUSED
Commissioner Barbara J. Kirkmeyer
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Scott Ballstadt
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated August 6, 1998, and duly published August 26, 1998,
in the Platteville Herald, a public hearing was conducted to consider the request of William and
Margaret Kobobel for a Site Specific Development Plan and Special Review Permit #1194 for a
Sand and Gravel Mining Operation in the A (Agricultural) Zone District. Lee Morrison, Assistant
County Attorney, made this a matter of record. Scott Ballstadt, 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. Mr. Ballstadt described the
location and size of the site and stated the mining operation will be located within the Mixed Use
Development(MUD) area. He further stated this proposal is consistent with the intent of the Weld
County Comprehensive Plan and the A (Agricultural) Zone District, and is compatible with the
surrounding uses. Mr. Ballstadt stated referrals were sent to the Towns of Firestone and Frederick
and he received verbal responses that the Towns have no conflict with this proposal. In response
to Commissioner Kirkmeyer, Don Carroll, Department of Public Works representative, explained
according to the MUD Plan Weld County Roads 7.5 and 20.5 will have different dedicated
right-of-way because of their locations.
Gary Tuttle, TuttleApplegate, Inc., represented the applicant and stated 26 acres of the 61-acre site
will be mined. Mr. Tuttle stated this operation will replace an existing operation on Weld County
Road 5 which is nearly complete, and the applicant would like to begin operation sometime in 1999.
Mr. Tuttle indicated the location of the mining pit and processing plant on a map from the application
and stated the applicant anticipates mining at this site for four to six years because the gravel is
located only 15 to 16 feet deep. Mr. Tuttle stated they plan to complete the backfill and reclamation
process as each area is completed and indicated there will be a berm which will be seeded with
grass to help screen the south and east sides of the operation. He explained the State bond for
reclamation will equal $62,000 and they did set the berm back to allow for the 55-foot right-of-way
for Weld County Road 7.5. Mr. Tuttle stated the truck traffic will be directed to head west on Weld
County Road 20.5 to Weld County Road 7 and then head north to Highway 119. He stated the
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HEARING CERTIFICATION -WILLIAM AND MARGARET KOBOBEL (USR#1194)
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applicant is requesting Condition of Approval#3.B be changed to allow dust control on Weld County
Road 20.5 rather than paving the road. Mr. Tuttle suggested the surrounding properties which will
be using the road be involved in helping to pave this road. In response to Commissioner Baxter,
Mr. Carroll presented a costs sheet, marked Exhibit G, and recommended paving and stated there
are no operators in the area using gravel roads. Mr. Carroll stated this is a small operation;
however, they do accommodate independent trucking which will have a significant impact to the
road. He further stated if this site is sold to a larger facility, this road improvements agreement will
stay with the property for future maintenance. In response to Chair Harbert, Mr. Morrison stated it
is possible to write the agreement so the County can seek reimbursement in the future if there are
new users. Responding to Commissioner Kirkmeyer, Mr. Carroll stated the material requirements
for this road are based more on the type of traffic this operation will produce. In response to
Commissioner Webster, Mr. Carroll stated the last traffic count totaled 104 vehicles; however, it is
difficult to determine how many of those are generated by the operation. In response to Chair
Harbert, Mr. Morrison stated the screening and landscaping is addressed in the reclamation plan.
Mr. Tuttle clarified the berm will be three to four feet tall and seeded with grass; however, they did
not plan to plant trees or shrubs, and they did not include a berm on the west side of the site due
to less equipment being in that area and there not being a road. In response to Commissioner
Kirkmeyer and a letter submitted by Robert and Connie Nash, marked Exhibit H, Mr. Tuttle stated
the option of routing truck traffic to the frontage road will not work because it deadends in both
directions and clarified where the designated truck route will be. He further stated the application
does not propose screening with trees and shrubs due to the short amount of time the operation will
be open; however, the applicant is willing to consider planting some shrubs. In response to
Commissioner Baxter, Mr. Tuttle clarified the operation will not open until 7:00 a.m. and is unsure
of where the trucks are from that are running at 5:30 a.m. as indicated by Mr. Nash in Exhibit H.
Sharon Hopper, surrounding property owner, indicated on the overhead projection that she lives at
parcel 074. She submitted a packet from her husband, marked Exhibit F, and read the letter for the
record. Ms. Hopper expressed concern with the safety of the neighborhood with nine mining
companies within a two mile radius. She stated the police have not enforced the driving rules on
the truckers and they are very unsafe. In response to Ms. Hopper, Mr. Tuttle gave a brief
description of the operation and location in relation to her property, and stated the noise will be
minimized by the berm. Ms. Hopper requested a Condition of Approval be added which requires
a "Right Turn Only" sign be placed at the exit of the mine to ensure trucks follow the designated
truck route. Ms. Hopper indicated her husband's concern regarding the effects the operation will
have on their private well. Mr. Tuttle explained the State Division of Minerals and Geology will be
monitoring the water level to ensure the surrounding properties are not effected and if the well level
does go down, they will be required to replace the Hopper's water.
In response to Commissioners Baxter and Kirkmeyer, Mr. Tuttle stated this operation will be
replacing an existing one, will have the same number of trucks and customers, and reiterated the
State will address any impacts that are made to the surrounding wells. Responding to
Commissioner Kirkmeyer, Mr. Tuttle explained it will be difficult to create an alternate route to Weld
County Road 7 through the Camenish Mine to the north because it is being mined by Andesite Rock
which is a competitor of TuttleApplegate, Inc. In response to Mr. Morrison, Mr. Tuttle indicated the
location of water retention ponds on the map and stated it is possible to pump a portion of the water
across Weld County Road 20.5 to recharge ground water near the Hopper's property. In response
to Commissioner Baxter, Mr. Tuttle stated the operation is downgrade from the Hopper's property.
Responding to Commissioner Webster, Mr. Tuttle stated the applicant is in agreement with the
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HEARING CERTIFICATION - WILLIAM AND MARGARET KOBOBEL (USR#1194)
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Conditions of Approval and Development Standards with the exception of Condition#3.B regarding
paving of Weld County Road 20.5. He stated if the applicant would like reimbursement from
surrounding uses in the future and they are willing to post a "Right Turn Only" sign at the exit.
Commissioner Kirkmeyer commented the signage for a right turn and the designated haul route
might be better as a Development Standard.
Commissioner Kirkmeyer moved to approve the request of William and Margaret Kobobel for a Site
Specific Development Plan and Special Review Permit #1194 for a 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 with the addition of a new Development Standard #21 to post a "Right Turn
Only" sign and a sign showing the designated haul route and renumber the existing Development
Standard #21 to #22. The motion was seconded by Commissioner Webster. In reference to
Condition #3.B, Commissioner Kirkmeyer directed staff to ensure the upgrading and paving is
accomplished in a reasonable amount of time by including the date of when the upgrading and
paving will occur and, if necessary, to include a payment schedule. Commissioner Baxter,
commented paving this road is necessary for the future use of this road. The motion carried
unanimously
This Certification was approved on the 14th day of September, 1998.
APPROVED:
ATTEST: - BOARD OF COUNTY COMMISSIONERS
AllWELD COUNTY, COLORADO
Weld County Clerk t the EXCUSED DATE OF APPROVAL
Constance L. Hard, Chair
BY:
Deputy Clerk tot G d f
..J l W. H. W bster, Pro-Tom
TAPE#98-23 and #98-24
eorge . Baxter
DOCKET#98-49
EXCUSED /
Dale K. Hall
Barbara J. Kirkmeyer
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 9TH DAY OF SEPTEMBER, 1998:
DOCKET#98-49 -WILLIAM AND MARGARET KOBOBEL
DOCKET#98-50 - HUNT FEEDYARD, C/O DAVID HUNT
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.
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