HomeMy WebLinkAbout20231625.tiffHEARING CERTIFICATION
DOCKET NO. 2023-33.A
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 June 7, 2023, at 10:00 a.m., with the following present:
Commissioner Mike Freeman, Chair
Commissioner Perry L. Buck, Pro-Tem
Commissioner Scott K. James
Commissioner Kevin D. Ross
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jess Reid
Assistant County Attorney, Karin McDougal
Department of Planning Services representative, Kim Ogle
Department of Public Health and Environment representative, Lauren Light
Development Review Representative, Melissa King
Department of Public Works Representative, Cameron Parrott
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 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. Karin McDougal, Assistant County Attorney, made this a matter of
record.
Kim Ogle, Department of Planning Services, presented a summary of the proposal, provided
the general location of the site, stated it was within the three (3) mile referral area of the Towns
of Johnstown and Milliken, and the City of Greeley, and referenced the comments from said
municipalities. He mentioned it is also within the Intergovernmental Agreement (IGA) area of the
Towns of Johnstown and Milliken, described the surrounding uses, and noted the proposed mine
site is in a designated flood hazard area. He relayed there are five (5) residences adjacent to the
USR and Division of Reclamation, Mining and Safety (DRMS) boundary, south of County Road
(CR) 48.5, and 58 residences within 1,000 feet of the mine site. He noted the Department of
Planning Services sent notice to 34 surrounding property owners (SPOs) within 500 feet of the
site. He read some of the concerns expressed by SPOs, which included traffic, declining property
values, damage to roads, the creation of crystalline silica, resulting in possible Silicosis, the
proposed haul route, and impacts to wildlife and school bus riders. He mentioned the applicant
has been in contact with SPOs regarding their concerns. Mr. Ogle described existing conditions
CC'. PL (TP/MN/Ko/IKW)
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on -site, which include landscaping and oil and gas wells, and mentioned the site is currently
leased as pasture. He explained a 60 -foot bridge will be constructed to gain access to both sides
of the river and outlined the number of employees and equipment to be used. He stated the site
is 114 acres, with 76 acres being used for mining, noted mining will be done in five (5) -acre
phases, and described the reclamation plans. Mr. Ogle entered the favorable recommendation of
the Planning Commission into the record as written and displayed images of the site and
surrounding views. In response to Commissioner Ross, he confirmed there will not be a slurry
wall.
El Lauren Light, Department of Public Health and Environment, stated portable toilets and
bottled water are acceptable at the mine site, relayed adherence to the Dust Abatement Plan is
required and an Air Pollutant Emissions Notice (APEN) had been issued by the state. She relayed
noise is restricted to the level allowed in the Industrial Zone, which the Noise Study indicated can
be met, and noted the Department of Public Health and Environment has included 17
Development Standards (DS) in the Resolution.
El Melissa King, Development Review, stated the applicant has proposed the outbound haul
route be onto CR 48.5, and confirmed an Industrial Access Permit must be obtained. She
explained the westerr portion of CR 48.5, at the intersection with CR 17, is under the jurisdiction
of the Town of Johnstown, and the eastern portion of CR 48.5, that ends at the intersection with
State Highway 257, is under the jurisdiction of Weld County. She provided the traffic counts for
Weld County's portion of CR 48.5 and explained the Colorado Department of Transportation
(CDOT) has jurisdiction over access on all State Highways. She indicated there will be 70, 22 -ton
dump truck trips per day, and four (4) passenger car trips per day, associated with the site, which
breaks down to eight (S) dump truck trips, per hour, over an 8.5 hour day. Regarding the potential
haul routes, Ms. King outlined Weld County's recommended haul route (route #2), which was east
on CR 48.5, north on State Highway 257, west on CR 54, and south on CR 13. She also outlined
the details of the appicant's preferred route (route #1), which is west on CR 48.5, north on CR
17, west on CR 54, and south on CR 13. She explained Weld County always attempts to direct
traffic of this nature, volume, and vehicle size, to State Highways, when possible. Furthermore,
she noted that the intersection of CR 48.5 and CR 17 is in the Town of Johnstown, who, in their
referral response, requested State Highway 257 be the required haul route.
▪ Cameron Parrot:, Department of Public Works, presented a PowerPoint presentation
(Exhibit E), detailing route #2 and discussed the statistics related to said haul route, including
number of crashes, safety performance function data, characteristics of existing conditions at the
intersections and proposed improvements to the haul route. In response to Commissioner Ross,
Dawn Anderson, Development Review, confirmed the applicant is proposing a different haul route
than what Weld County is recommending and responding to Commissioner James, Mr. Parrott
stated he could not speak to whether a tandem dump truck, entering State Highway 257 at
CR 48.5, could be up to speed by the time it reaches the hill by the Mad Russian Golf Course and
neighborhood.
▪ Ms. King indicated Development Review is requesting an Improvements and Road
Maintenance Agreement for dust control and damage repairs to specified haul routes, triggered
off -site improvements, and up -front, off -site improvements, and outlined possible improvements,
based on route #2. She relayed an acceptable drainage narrative had been submitted.
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El Walt Niccoli, Telesto Solutions, Inc., represented the applicant and displayed a PowerPoint
presentation (Exhibit F). He described Loveland Ready -Mix Concrete, Inc. (LRM), as a company,
and mentioned they twice contributed to improvements on CR 54 and CR13, during previous USR
processes. He relayed the post -mining land use is going to be a wildlife habitat and provided data
showing the amount of construction aggregates used, per person, per year. He displayed images
of the reclaimed land as lakes, wetlands, and shoreline habitat and discussed the hours of
operation and number of employees associated with the site.
Brad Fancher, Loveland Ready -Mix Concrete, Inc., stated their goal is to have a minimal
impact on the neighbors and relayed they will do that by mining the site wet, to alleviate dust, and
hauling only small amounts at a time. He explained they will mine the site in small increments,
develop the reclaimed lake as they go, and confirmed stockpiling and processing will be done at
the Johnstown Ready -Mix plant, not onsite. In response to Commissioner James, he reiterated
they will be building a 60 -foot bridge to access the south side of the river.
Stephanie Fancher-English, Loveland Ready -Mix Concrete, Inc., discussed the permits they
are required to obtain, which include DRMS, Colorado Department of Public Health and
Environment (CDPHE), U.S. Army Corps of Engineers, State Engineer's Office (SEO), and
Weld County/Town of Johnstown. She described the community meetings that were held and
how they are communicating information to the SPOs.
Mr. Niccoli reviewed SPO concerns previously expressed at community outreach meetings.
He mentioned there is no fuel storage onsite, dust will be mitigated utilizing the Dust Abatement
Plan, and the Noise Study predicts noise will be lower than allowed, in all areas. He stated air
quality will be monitored by Weld County and the CDPHE and mentioned that property valuation
studies done by LRM show property values have no clear trend during mining, but have a higher
value after the site is reclaimed. He reiterated that reclamation would happen concurrently with
mining, and trees and shrubs will be planted around the perimeter, prior to mining. He referenced
the DRMS analysis, regarding wildlife in the area, and stated the Groundwater Modeling Study
showed some drawdown on a nearby well, but relayed they are working with the property owner
to address that issue.
Michael Delich, Delich Associates, displayed PowerPoint slides (Exhibit F), which
summarized the Traffic Impact Study (TIS). He discussed route #1's identified improvements and
current roadway cond tions, traffic counts on CR 48.5, CR 17 and CR 54, as well as triggered
improvements at each intersection. He addressed the concerns of Weld County and the Town of
Johnstown regarding the intersection of CR 48.5 and CR 17, some of which include sight
distance, trains, right-of-way access/room, utilities at the intersection and long-term concerns for
the condition of CR 48.5. He then discussed route #2, providing traffic counts for CR 48.5, State
Highway 257 and CR 17, and explained the improvements that would be required by CDOT, on
State Highway 257. He displayed a fuel consumption comparison, safety comparison,
comparison of residential impact, and traffic delay impacts of each route. He asserted, the
Planning Commission recommended route #1 and mentioned there was overwhelming opposition
to route #2 from SPOs. He concluded by saying route #1 is safer, causes less traffic delays,
impacts less residents. and has less construction delays and less construction traffic impact.
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Ms. Fancher-English outlined LRM's requested changes to the Resolution, including their
desire to use haul route #1, pay only their proportional share of improvements and have four (4)
years to pay for said improvements, instead of the typical three (3) years.
Ei Chair Freeman requested a recess.
Chair Freeman reconvened the hearing and Steve Teets, Greeley resident, expressed
support for route #1.
Tish Thompson, SPO, expressed concern with the noise on State Highway 257 and
requested lowering the speed limit to 45mph. Chair Freeman clarified that State Highway 257 is
in CDOT's jurisdiction, not Weld County's.
Larry Williams, Johnstown resident, stated he has a farm east of the proposed site, lives on
CR 17 and is a truck driver for LRM. He said he prefers route #1 and asserted that wildlife adapts
quickly to environmental changes.
Jim Croissant, Johnstown resident, stated LRM had mined some of his family's property
and they were responsible in their decision -making process. He relayed he prefers route #1, as
the hill on State Highway 257 is difficult for trucks.
Morgan Grotzky, SPO, expressed concern for decreased property values due to the mining
operation.
Sheila Grotzky, SPO, referenced the traffic safety analysis presented by Mr. Parrot and
asserted the analysis did not address the one (1) and only entrance/exit for the Mad Russian
Subdivision. She expressed concern for having a mining operation in close proximity to a
residential subdivision.
Kim Meyer, Planning and Development Director for the Town of Johnstown, stated the Town
of Johnstown has no issue with the proposed Use; however, they are concerned about traffic, and
they prefer route #2. She outlined the Town's concerns with route #1, including improvements
needed on CR 48.5 and CR 17 and to the railroad crossing on CR 17. In response to
Commissioner Saine, Ms. Meyer confirmed Weld County has a Coordinated Planning Agreement
(CPA) with the Town of Johnstown, and responding to Commissioner James, she explained what
had been annexed into the Town of Johnstown.
Pepper McClenahan, Community Development Director for the Town of Milliken, stated the
Town of Milliken prefers route #1 and indicated they have not reviewed the TIS that was submitted
for route #2. She relayed although State Highway 257 is under CDOT's jurisdiction, it is annexed
into the Town of Milliken. She asserted the 4% grade of the hill on State Highway 257 contributes
to high speeds coming down the hill and noted traffic counts are very high on State Highway 257
in the morning and evening, during which time LRM will be hauling loads.
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Ms. Fancher-English addressed public comment, stated she stands by LRM's property value
evaluation and asserted LRM has tried to listen to, and address, SPO concerns. In response to
Commissioner James, Ms. King explained Weld County proposed route #2 due to anticipated
traffic volume and safety. Responding to Commissioner Ross' inquiry regarding specific
improvements associated with route #1, Ms. King deferred to Mr. Parrott.
Mr. Parrott explained route #2 incorporates the defined haul routes in the area, displayed a
different PowerPoint presentation (Exhibit G), depicting route #1, and detailed the needed
improvements and issues identified by Weld County, along route #1.
IC There was discussion regarding the financial impact to Weld County using route #1 and
Elizabeth Relford, Weld County Deputy Director of the Department of Public Works, Engineering,
asserted Weld County would share more of the proportional cost on route #1 than route #2. In
response to Chair Freeman, Mr. Delich addressed triggers for acceleration/deceleration lanes at
CR 17.
El Commissioner Ross questioned the noise associated with trucks accelerating onto
State Highway 257, from CR 48.5, and Ms. King indicated current traffic counts on
State Highway 257 are approximately 10,000 trips per day, and the proposed use will add 70 trips
per day. In response to Commissioner Saine, Ms. King confirmed the Weld County Code does
not specifically address road noise. Mr. Niccoli relayed Telesto Solutions set up a noise monitor
at the intersection of CR 48.5 and CR 17 and the results fell below the noise limits of the Weld
County Code. Mr. Parrot indicated, of the 10,000 daily vehicles on State Highway 257,
approximately 700 are trucks and Mr. Delich clarified, the number of trucks drops to approximately
200 during peak hours, due to the volume at that time. Ms. King reiterated Weld County does not
have noise standards related to traffic.
Upon Commissioner Ross' request to discuss the suggested improvements needed on State
Highway 257, Ms. King mentioned they were outlined on page five (5) of the Resolution and
Mr. Parrott re -displayed Exhibit E. In response to Commissioner James, Mr. Parrot expressed he
considers route #2 to be safer and the Board acknowledged there are issues with both routes.
El The Board reviewed the Conditions of Approval and Development Standards and there was
additional discussion about the haul route. Chair Freeman indicated he is favoring route #1,
partially because he does not believe it is fair for LRM to pay for 100% of the improvements
required on State Highway 257, which CDOT has indicated LRM will be responsible for.
Commissioner Buck stated she is also favoring route #1, and Commissioner Ross indicated he is
favoring route #2, citing safety and cost. Commissioner Saine suggested a continuance to allow
staff time to analyze the cost to Weld County, associated with route #1.
Ei Ms. Relford confirmed Weld County will have a higher proportional share of improvements
with route #1 and overall estimated materials cost (not Weld County's proportional share) to be
approximately $2,400,000.00, versus route #2, with an overall estimated materials cost of
$740,000.00. She also mentioned there would need to be a second Improvements Agreement in
place, with the Town of Johnstown, for route #1. In response to Chair Freeman, she clarified, with
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route #2, there would not be an Improvements Agreement with CDOT, rather, the applicant would
be required to obtain an Access Permit through CDOT.
le Commissioner Ross proposed the option of a route #3, being right onto State Highway 257,
south to State Highway 60 (which is a defined truck route in the area), west to CR 13, and north
to the LRM batch plant, which is already a designated haul route. Commissioner James relayed
he is uncomfortable approving a route that has not been evaluated for cost and safety and
Mr. Fancher indicated he did not believe they should use route #2, as utilizing State Highway 257
was the biggest complaint of the people at the community meetings. In response to Commissioner
James, Ms. Fancher-English asserted they did not discuss route #1 with the Town of Johnstown,
as CR 48.5 had not been annexed by the Town when the application was submitted, and
confirmed she spoke with two (2) residents in the subdivision at the intersection of CR 48.5 and
CR 17. Commissioner Ross relayed he would like staff to do a cost and safety analysis on route
#3, in order to consider all haul route options. Commissioner Saine stated she believed the
hearing needs to be re -noticed if they are considering a different haul route than what has been
previously proposed, and Chair Freeman confirmed the Planning Commission approved the
application, with the recommendation of using route #1.
Ms. McDougal stated she did not believe the Board had previously approved a USR permit
without a designated haul route identified and expressed concern there is not a traffic study for
route #3, for staff to evaluate. She clarified for Chair Freeman that the Planning Commission was
presented the option of haul route #1 or #2, and they chose route #1.
▪ The Board discussed a continuance to allow time for a traffic analysis on route #3 and
Ms. Fancher-English agreed. In response to Chair Freeman, Ms. King referenced emails with
CDOT, in which they indicated they do not anticipate improvements will be required to the bridge,
as part of the proposed use. She confirmed LRM will not know CDOTs improvement
requirements, for sure, until they apply for an Access Permit, and she relayed that said
improvement requirements would then be incorporated into the Resolution. Commissioner Saine
stated a continuance would allow for additional comment from the public, specifically those
impacted by the proposed route #3, and additional discussion with the Town of Johnstown.
▪ Commissioner Rcss moved to continue the matter to September 6, 2023, at 10:00 a.m., to
allow the applicant time to perform a Traffic Impact Study on the newly proposed haul route #3,
and the motion was seconded by Commissioner Saine. The Board took a recess to allow staff to
discuss the feasibility of proposed route #3.
▪ Clerk's Note: The Board reconvened, however, the audio in the room was erroneously muted
for approximately three (3) minutes during this portion of the hearing. While muted, there was
continued discussion about Commissioner Ross' motion to continue the hearing, as well as
discussion about the recommendation made by the Planning Commission.
When unmuted, Ms. McDougal clarified the recommendation made by the Planning
Commission, and the motion previously made by Commissioner Ross carried unanimously. There
being no further discussion, the hearing was completed at 2:40 p.m.
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This Certification was approved on the 21st day of June, 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
do,,f,A)
Weld County Clerk to the Board
BY'
EXCUSED DATE OF APPROVAL
Mike .than, Chair
Lori Saine
XCUSED DATE OF APPROVAL
Kevin D. Ross /J
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