HomeMy WebLinkAbout20170313.tiffHEARING CERTIFICATION
DOCKET NO. 2017-08
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND 2ND AMENDED USE BY SPECIAL
REVIEW PERMIT, 2MJUSR16-03-1360, FOR MINERAL RESOURCE DEVELOPMENT
FACILITIES, INCLUDING A CONCRETE BATCH PLANT AND A REQUEST TO
REMOVE DEVELOPMENT STANDARD NO. 22 (USR-1360 WILL BE CONSIDERED
INVALID FIFTEEN (15) YEARS FROM THE DATE OF THE BOARD OF COUNTY
COMMISSIONERS RESOLUTION. SHOULD THE OWNERS OF THE BATCH PLANT
WISH TO CONTINUE OPERATING, THEY MUST BE APPROVED FOR A PLANNED
UNIT DEVELOPMENT) IN THE A (AGRICULTURAL) ZONE DISTRICT- MARTIN
MARIETTA MATERIALS, INC.
A public hearing was conducted on February 1, 2017, at 10:00 a.m., with the following present:
Commissioner Julie A. Cozad, Chair
Commissioner Steve Moreno, Pro -Tern
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department, Michelle Martin on behalf of Kim Ogle
Public Works Department representative, Evan Pinkham
Planning Services Engineer representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated December 29, 2016, and duly published
January 4, 2017, in the Greeley Tribune, a public hearing was conducted to consider the request
of Martin Marietta Materials, Inc., for a Site Specific Development Plan and 2nd Amended Use by
Special Review Permit, 2MJUSR16-03-1360, for Mineral Resource Development Facilities,
including a Concrete Batch Plant and a request to remove Development Standard No. 22
(USR-1360 will be considered invalid fifteen (15) years from the date of the Board of County
Commissioners resolution. Should the owners of the Batch Plant wish to continue operating, they
must be approved for a Planned Unit Development) in the A (Agricultural) Zone District.
Bob Choate, Assistant County Attorney, made this a matter of record.
Michelle Martin, on behalf of Kim Ogle, Department of Planning Services, presented a brief
summary of the proposal and stated the site location in relation to relevant County Roads and the
Interstate 1-25 Regional Urbanization Area (RUA). She reviewed the history of the USR and the
request to delete Development Standard (DS) #22, which must be approved prior to April of 2017,
and she explained the applicant would prefer an amendment to the original USR-1360 rather than
pursue the process of approval for a Planned Unit Development due to there being no other
changes. Ms. Martin reviewed the Code sections regarding the Planned Unit Development
requirement as referenced in the RUA and she clarified those Uses that are exempt from that
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particular requirement as sand and gravel mining operations. She reported the site is located
within the three (3) mile referral area of the Towns of Frederick, Firestone and Mead, the City of
Longmont, Boulder County, and the Intergovernmental Agreement Area of the City of Longmont
and she reviewed the referral responses from these municipalities. Ms. Martin displayed images
and entered the favorable recommendation of the Planning Commission into the record as written.
El In response to Commissioner Kirkmeyer, Ms. Martin stated staff did review the past record
of the original USR-1360 and she described the discussion that took place at that hearing
regarding whether a batch plant meets the exemption. She reported legal counsel at that time
asserted it did meet the exemption but due to the tie vote, a compromise was put into place as
DS #22 delineating the 15 -year time limit to pursue a PUD. Commissioner Kirkmeyer requested
the Resolution and Hearing Certificate from the original USR be provided to the Board for further
review. (Clerk's Note: Esther Gesick, Clerk to the Board, emailed copies of these documents to
the Board, identified as documents #2002-0947, #2002-1114, and #2002-0667.) In response to
Commissioner Conway, Ms. Martin displayed a map that confirmed County Road (CR) 7 is also
known as Aggregate Boulevard. Chair Cozad recounted the historic uses of the site.
Evan Pinkham, Department of Public Works representative, provided a brief overview of the
transportation plans and requirements stating the existing access is on CR 7, which is within the
jurisdiction of, and maintained by, the Town of Frederick. He stated the applicant will need to work
with the Town of Frederick regarding any access or mitigation concerns. In response to
Commissioner Kirkmeyer, Mr. Pinkham stated there is no current Improvements Agreement with
Weld County; however, the applicant is currently working with the Town of Frederick on an
Improvements Agreement. He further responded that staff is not requesting any Improvements
Agreement or designation of haul routes at this time.
Hayley Balzano, Planning Services Engineer representative, presented the drainage and
grading requirements and stated the applicant submitted a drainage narrative that declared the
removal of the aforementioned DS will not increase the imperviousness of the site. She reviewed
the typical DS and reported the site is located within the Zone A Floodplain and the applicant has
a current Floodplain Hazard Development Permit, FHDP-429, and will not need additional
permits.
El Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions and stated the request to remove DS #22 does not affect water and sewer, the original
Conditions and Development Standards have been included in this Resolution and there are no
outstanding issues with this application. Ms. Light stated DS 11-25 are typical Environmental
Health items.
In response to Chair Cozad, Ms. Martin stated she is not aware of any complaints or
violations at this site.
Julie Mikulos, Land Manager for Martin Marietta's Northern Colorado Operations,
represented the applicant and introduced the team of individuals available to answer questions.
She provided a PowerPoint presentation and began by reviewing the history of the site, clarified
there is an Improvements Agreement in place with Weld County and reviewed improvements that
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have already taken place to include a stop light, a right turn lane, and the partial vacation of
7.2 acres for water storage. Ms. Mikulos explained the current use, operations and client base
and clarified the request is not to change any order of business but only to remove DS #22
regarding the time limit stipulation to pursue a PUD, as that is not the desire of the applicant. She
discussed the current status with the Town of Frederick to put an Improvements Agreement in
place, address landscaping issues by planting more trees, and address on -site tracking control to
prevent tracking off -site. In reference to the Conditions of Approval (COA), Ms. Mikulos mentioned
COA #1.D.9 and COA #1.A could possibly be deleted because they are addressing the
requirements of the Town of Frederick.
El In response to Commissioner Kirkmeyer, Ms. Martin asserted the development plan is the
PUD.
• No public testimony was offered concerning this matter.
Chair Cozad revisited the applicant's request to remove COA #1.D.9. After further
discussion, the Board agreed to change it to read, "Show the agreed upon Town of Frederick
access(es) on the site plan."
el In response to Commissioner Kirkmeyer, Ms. Mikulos reiterated there is an Improvements
Agreement with Weld County and she clarified that she basically took that Agreement and used
it as a template to create a similar document and submitted it to the Town of Frederick and is
awaiting a reply. Chair Cozad referenced a letter provided by the applicant confirming the meeting
that took place.
• Commissioner Kirkmeyer expressed appreciation for Commissioner Conway's earlier
comments regarding the Improvements Agreement and followed up with a suggestion to remove
COA #1.A and create a new COA stating the applicant will enter into a Road Maintenance
Agreement with the Town of Frederick and shall provide a copy to the Department of Planning
Services. In response to Commissioner Kirkmeyer, Ms. Mikulos explained the performance bond
referenced in COA #5, was for the aforementioned road improvements that were completed so
there is no longer a performance bond being held. Commissioner Kirkmeyer suggested, based
on that input, that COA #5 and COA #5.A be deleted and the new COA regarding a Road
Improvements Agreement with Frederick can become the new COA #5. The Board agreed. In
response to Commissioner Kirkmeyer, Ms. Mikulos explained at the time of the hearing, there
was opposition and since that time the Town of Frederick has annexed a lot of the property where
residents once lived and she provided examples of current uses and development expanding to
commercial, light industrial and industrial in that area so the request is to remove the stipulation
of any future time frame to have to pursue a PUD.
• Commissioner Kirkmeyer expressed her concerns regarding approving a concrete batch
plant to be compatible with a commercial and light industrial area. In response to Commissioner
Kirkmeyer, Ms. Mikulos asked if a PUD would be permanent. Commissioner Kirkmeyer explained
it would be permanent but would require the Board to look at the compatibility and consistency
with the Regional Urbanization Area, which is why she is asking for an explanation that supports
compatibility.
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• James Sham, applicant, explained how the development in the area is changing, he provided
examples of the industrial uses in the area and he stated this is an ideal location because of the
proximity of the road infrastructure to support the truck traffic. In response to Commissioner
Kirkmeyer, Mr. Sham described the recent industrial use that located to the newly annexed area.
• Commissioner Kirkmeyer requested staff put up an aerial map to show the uses in the area.
• Chair Cozad asked where the materials are coming from. Ms. Mikulos responded that the
materials currently arrive from a company called L.G. Everist off of State Highway 119,
approximately 4.5 miles from the site. In further response, she pointed out the gravel pit locations
and other resources in the area. Mr. Sham interjected two (2) other companies they receive
resources from, Ag Industries and Cottonwood Sand and Gravel both on CR 20.5 in close
proximity to the site.
• In response to Chair Cozad, Ms. Martin stated the parcel size is 7.25 acres. Mr. Sharn
asserted that Martin Marietta owns the water surrounding the site.
• Mr. Choate stated he could not find an Improvements Agreement; however, he found a
Signalization Agreement. In response to Mr. Choate, Ms. Mikulos submitted a copy of the
Improvements Agreement with Weld County, identified as documents #2003-0019 and
#2003-0020.
le In response to Commissioner Conway, Ms. Martin stated she is unsure when the Town of
Frederick annexed the road. In further response, Mr. Pinkham stated he didn't know the current
condition of the road. Ms. Mikulos stated CR 7 was washed out in the 2013 flood but the Town of
Frederick fixed it.
Chair Cozad summarized the changes to the Resolution. In response to Chair Cozad,
Ms. Mikulos indicated they have reviewed, and agree to abide by, the Conditions of Approval and
Development Standards, as amended.
• Commissioner Kirkmeyer suggested removal of the word Permit from COA #1.C, in the
second sentence.
• Commissioner Kirkmeyer stated this is not as simple as just removing a Development
Standard; however, given the explanation comments of the applicant regarding the uses in the
area, she declared she is in support of the application and in support of removing the 15 -year
time frame. Commissioner Kirkmeyer emphasized the findings that are in support and consistent
with Chapter 22 of the Code requirements and she incorporated the comments from staff and
stated the Use is consistent with the intent of the A (Agricultural) Zone and compatible with
surrounding land uses as demonstrated in the hearing; there are several gravel and mining sites
within the region; and that the applicant is also receiving materials within the region. She also
determined that the permitted uses will be compatible with future development, given the
annexation plan from the Town of Frederick.
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Commissioner Kirkmeyer moved to approve the request of Martin Marietta Materials, Inc.,
for a Site Specific Development Plan and 2nd Amended Use by Special Review Permit,
2MJUSR16-03-1360, for Mineral Resource Development Facilities, including a Concrete Batch
Plant and a request to remove Development Standard No. 22 (USR-1360 will be considered
invalid fifteen (15) years from the date of the Board of County Commissioners resolution. Should
the owners of the Batch Plant wish to continue operating, they must be approved for a Planned
Unit Development) in the A (Agricultural) Zone District, based on the recommendations of
Planning staff and the Planning Commission, with the Conditions of Approval and Development
Standards as amended and entered into the record. The motion was seconded by Commissioner
Freeman. Chair Cozad commented that due to the size of the parcel and that the facility is existing
with no objections on the record lend to the finding of compatibility as well. There being no further
discussion, the motion carried unanimously and the hearing was completed at 11:15 a.m.
This Certification was approved on the 6th day of February, 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:di , ,g1
Weld County Clerk to the Board
uty Clerk to the Board
un y Attorney
Date of signature: Qc`a/ Ifol l'7
Julie A. Cozad, Chair (�
Steve Moreno, Pro -Tern
EXCUSED DATE OF APPROVAL
Sean P. Conway
arbara Kirkmey
2017-0313
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