HomeMy WebLinkAbout20231509.tiffHEARING CERTIFICATION
DOCKET NO. 2023-33.D
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR22-0018, FOR OPEN MINING (SAND, GRAVEL AND STONE), EMPLOYEE AND
EQUIPMENT PARKING ASSOCIATED WITH OPERATIONS OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE
DISTRICT - LOVELAND READY -MIX CONCRETE, INC.
A public hearing was conducted on February 28, 2024, at 10:00 a.m., with the following present:
Commissioner Kevin D. Ross, Chair
Commissioner Perry L. Buck, Pro-Tem
Commissioner Mike Freeman
Commissioner Scott K. James
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jess Reid
Deputy County Attorney, Karin McDougal
Department of Planning Services representative, Kim Ogle
Department of Planning Services — Development Review, Dawn Anderson
Interim Planning Director, Elizabeth Relford
The following business was transacted:
I hereby certify that pursuant to a notice dated April 10, 2023, and duly published April 12,
2023, in the Greeley Tribune, a public hearing was conducted on June 7, 2023, to consider the
request of Loveland Ready -Mix Concrete, Inc., for a Site Specific Development Plan and Use by
Special Review Permit, USR22-0018, for Open Mining (sand, gravel and stone), employee and
equipment parking associated with operations outside of subdivisions and historic townsites in
the A (Agricultural) Zone District. At said hearing, the Board continued the matter to September 6,
2023, to allow the applicant adequate time to perform a Traffic Impact Study (TIS) on a newly
proposed haul route, as well as time for staff to review. At said hearing, the Board continued the
matter to January 10, 2024, to allow additional time for the TIS to be submitted to Weld County
and for the review of said TIS by staff, the Towns of Johnstown and Milliken, and the Colorado
Department of Transportation. On January 10, 2024, the Board continued the matter to
February 28, 2024, to allow the applicant additional time to review the comments from Weld
County, the Towns of Johnstown and Milliken, and the Colorado Department of Transportation
regarding the TIS. Karin McDougal, Assistant County Attorney, made this a matter of record.
Kim Ogle, Department of Planning Services, presented on overview of the proposal and
stated four (4) trucks, per hour, will haul materials from the excavation site to the concrete plant,
for approximately eight and one-half (8.5) hours, per day. He relayed those four (4) trucks will
then return to the excavation site, for a total of eight (8) roundtrips, per hour. He explained why
the hearing was previously continued and stated, since then, staff had worked with the applicants
and surrounding municipalities on haul route options.
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El Dawn Anderson, Department of Planning Services, Development Review, alongside
Elizabeth Relford, Interim Planning Director, reviewed the three (3) proposed haul routes using
the displayed image (Exhibit T) and explained route #1 goes west on County Road (CR) 48.5,
north on CR 17, west on CR 54, and south on CR 13; route #2 goes east on CR 48.5, north on
State Highway (SH) 257, west on CR 54, and south on CR 13; and route #3 goes west on CR
48.5, south on State Highway 257, west on State Highway 60, and north on CR 13. She described
the various challenges with each route, and relayed staff has safety concerns with all three (3)
routes. She described the jurisdictional conditions of each route and summarized by stating there
is not a unanimous consensus, from all interested parties, on a route. In response to
Commissioner James, Ms. Anderson relayed staff's recommendation remains route #2, with
mitigation measures implemented.
Walt Niccoli, Telesto Solutions, Inc., represented the applicant and provided a PowerPoint
presentation (Exhibit U). He summarized the project, stated they had further reviewed the
proposed routes, since the last hearing, and indicated they still prefer route #2.
Stephanie Fancher-English and Brad Fancher, Loveland Ready -Mix Concrete, Inc. (LRM),
referenced Exhibit U, provided the hours of operation and number of trucks, per hour, and
discussed the Traffic Impact Study. Ms. Fancher-English discussed each route individually,
highlighting the roundtrip miles, associated improvements, pros and cons, and the cost of
improvements for each route. Discussing route #2, she mentioned the Colorado Department of
Transportation (CDOT) approved a variance, which shortens the northbound acceleration lane to
fit between the railroad crossing and bridge, but confirmed CDOT will not lower the speed limit
through that area. She discussed how their truck traffic contributes to the overall use of each of
the routes, reiterated they prefer route #2, but are open to route #1, and questioned whether future
developments, that direct traffic to CR 48.5 and CR 17 would help pay for said improvements to
those roads.
El Commissioner Saine stated route #1 makes sense, based on feedback she had received
from residents in the Mad Russian neighborhood, Town of Johnstown and others. She agreed, if
there is other development in the area, that all development should contribute a proportional
share.
Elizabeth Austin, Mayor of the Town of Milliken, relayed Milliken is a bedroom community,
asserting most people commute to work. She expressed concern with route #2, in regard to the
hill on SH 257, passenger vehicles trying to pass the slower dump trucks, and the 14 -foot -wide
shoulder that drops off. She referenced a United Parcel Services (UPS) study, which asserted
that right -only turns are safer and more efficient. Commissioner Saine stated the Board should
consider human behavior when considering which route to choose, and Ms. Austin relayed she
preferred route #1.
El Troy Mellon, Mayor of the Town of Johnstown, stated he favors route #2 from an infrastructure
point of view, and explained CR 48.5 will develop soon and the Town of Johnstown is extending
their downtown area north on CR 17. He explained there will need to be significant improvements
at the intersection of CR 17 and CR 48.5, asserted the intersection of CR 50 and CR 17 is a
disaster, and expressed concern for increased accidents if this were to be a part of the LRM haul
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route. He explained why he did not believe the traffic should go through the Town of Johnstown,
relayed the Town of Johnstown is open to the idea of an Improvements Agreement, and asserted
oil and gas development is also forthcoming along CR 48.5. In response to Commissioner James,
Mr. Mellon confirmed two (2) annexations have occurred in that area, and described additional,
forthcoming development, including multi -family housing.
Tim Bilobran, CDOT, stated CDOT's scope, when evaluating the proposed routes, was
extremely narrow, and included only highway safety and operations. In order of preference, he
stated CDOT supported route #1, due to it's strong, redundant local streets, then #3, then #2, and
confirmed the variance that Ms. Fancher-English mentioned previously. He stated there would be
significant challenges and cost associated with route #2, given the improvements that would be
needed to the bridge on SH 257. In response to Commissioner James, Mr. Bilobran confirmed a
state highway is designed to move freight and goods.
' In response to Chair Ross, Ms. Anderson explained the improvements needed on route #1,
which included paving of several roads, potential widening, update and install a bridge rail on
CR 48.5, upgrade and improve the safety at the railroad crossing at CR 48.5, design and construct
multiple acceleration and/or deceleration lanes along the route, install a traffic signal at the
intersection of CR 17 and CR 48.5, at the Town of Johnstown's request, and install a conflict
warning system at CR 17 and CR 50. Responding to Chair Ross, Mr. Bilobran indicated
the applicant's TIS does not meet the volume warrant for a stoplight at CR 48.5 and SH 257, and
relayed CDOT will not allow it until it is warranted.
Sheila Grotzky, surrounding property owner (SPO), stated she lives in the Mad Russian
Subdivision and expressed concern over route #2, specifically the traffic around the entrance/exit
of the subdivision, on SH 257.
David Van Wormer, SPO, expressed concerns about traffic, especially considering the
subdivision that is planned in the area, and asserted that paving CR 48.5 will increase traffic by
people trying to avoid going through the Town of Johnstown. He mentioned the possible, future
development by nearby Coulson Excavating Company, Inc., for mining their land, as well as the
proposed oil and gas development on CR 48.5. He stated there are existing challenges on
CR 48.5 without the LRM traffic, relayed he preferred route #1, and noted LRM had been great to
work with through the route vetting process.
El Ms. Fancher-English displayed an image of the intersection of CR 17 and CR 48.5 (Exhibit U),
discussed the required improvements there, and in response to Commissioner Saine, she
confirmed the improvements will satisfy the requirements of the Great Western Railroad.
Mr. Fancher confirmed for Chair Ross that they were agreeable to installing the signal and other
safety equipment, requested by the Town of Johnstown, at that intersection, and
Ms. Fancher-English mentioned cost sharing/reimbursement for the improvements.
Matt LeCerf, Town Manager for the Town of Johnstown, explained the Town establishes
Reimbursement Agreements, which require developers to reimburse other developers for
improvements made.
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The Board discussed the Conditions of Approval (COA) and Development Standards (DS)
and Mr. Ogle stated the first paragraph of COA #1.A.4 (improvements to the intersection of CR 54
and CR 13) could be deleted.
3 Commissioner James commended LRM for gathering community input regarding the haul
route and cited Code Section 23-2-230.B.4 (compatibility with the future development of the
surrounding area). He asserted route #1 is not compatible, due to the proposed expansion of the
downtown Johnstown area, north along CR 17, and truck traffic being routed into the downtown
area. He expressed he is supportive of the application utilizing route #2, and
Commissioner Freeman agreed, adding route #2 is staff's preferred route. Commissioner Buck
expressed support for route #1, and stated route #2 is dangerous for the people in the Mad
Russian Subdivision. Commissioner Saine stated the surrounding communities are supportive of
route #1, which she believed was compatible. Chair Ross outlined his concerns with route #2 and
stated he is supportive of route #1, conditional upon LRM making the safety improvements that
were requested by the Town of Johnstown.
l There was discussion among the Board and staff regarding the CR 17 and CR 50 intersection,
as it relates to the future Weld County Capital Improvements Project (CIP), and Ms. Anderson
explained that because that intersection is on the future CIP plan, Weld County would probably
contribute a proportional share for the conflict warning system. In response to
Commissioner Saine, Ms. Anderson confirmed, unlike the Town of Johnstown, Weld County does
not currently have a mechanism in place for Reimbursement Agreements. She explained Weld
County encourages developers to work together and share costs, but Weld County does not
provide an agreement for them to do so. Elizabeth Relford, Interim Director of the Department of
Planning Services, elaborated on the standards for municipal Reimbursement Agreements. In
response to Commissioner Freeman, she provided the crash data related to the intersection of
CR 17 and CR 50 (Exhibit W) and relayed the intersection is not scheduled for CIP design until
2028, with improvements happening potentially in 2032.
Commissioner Saine made a motion to approve the application using haul route #1 and
Commissioner Buck seconded the motion. There was discussion about adding language to the
Resolution to require the applicant to have an Improvements Agreement with the Town of
Johnstown regarding the improvements the Town requested.
Ei While staff crafted language for the Resolution, Chair Ross recessed the hearing for a five (5)
minute break.
€1 The Board reconvened and Chair Ross stated, at the advice of counsel,
Commissioners Saine and Buck should withdraw their motion until the Board amends the
Resolution, and both Commissioners agreed to do so. Staff incorporated language from Exhibit V,
regarding haul route #1, referenced as a new COA #1.I, #1.J and DS #23, as well as removal of
COA #1.A.4, and renumbering or relettering, as appropriate.
= The applicants reviewed the language that was added to the Resolution and stated they were
in agreement with it.
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• Mr. Mellon outlined all of the safety improvements the Town of Johnstown was requesting
and relayed all items need to be completed prior to use of the haul route by LRM.
▪ In response to Chair Ross, Ms. Fancher-English and Mr. Fancher indicated they had
reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as
amended.
• Commissioner Saine moved to approve the request of Loveland Ready -Mix Concrete, Inc.,
for a Site Specific Development Plan and Use by Special Review Permit, USR22-0018, for Open
Mining (sand, gravel and stone), employee and equipment parking associated with operations
outside of subdivisions and historic townsites in the A (Agricultural) Zone District, based on the
recommendation of the Planning Commission, with the Conditions of Approval and Development
Standards, as amended, the motion was seconded by Commissioner Buck, and Chair Ross
clarified the motion was for the use of haul route #1. Commissioners James and Freeman
expressed their support of the application, but relayed they disagree with the use of haul route #1.
Following a roll call vote, the motion passed three (3) to two (2), with Commissioners James and
Freeman being opposed. The hearing was completed at 12:14 p.m.
This Certification was approved on the 13th day of March, 2024.
ATTEST: dd".4,O
Weld County Clerk to the Board
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL
Ke ' oss, Chair
B al •
, , 1 � -J /,, Perry L. B k, Pro-Tem
ICJ C.K�
Deputy Clerk to the Board ..�
ike , reeman
t K. James
on Saine
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