HomeMy WebLinkAbout20011578.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Cathy Clamp that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
PLANNER: Chris Gathman
CASE NUMBER: USR-1324
APPLICANT: Asphalt Specialties Co., Inc.
ADDRESS: 7321 E. 88th Avenue, Henderson, CO 80640
REQUEST: A Site Specific Development Plan and a Special Use Permit for a Asphalt and Concrete
Batch Plant Facility in the A(Agricultural)Zone District
LEGAL DESCRIPTION: Part of N2 of SW4 Section 20, Township 1 North, Range 66 West of the
6th P.M., Weld County, Colorado
LOCATION: East of and adjacent to Weld County Road 27 and 1/4 mile north of Weld County Road
6.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
a. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinances in effect. Section 22-5-80.B.1 CM.Goal 2 states
"Promote the reasonable and orderly development of mineral resources." The proposed
asphalt and concrete batch plants will allow for the processing of mineral resources.
Section 22-5-80.D.2.e CM.Policy 4.5 requires"that batch plants and processing equipment
be buffered from adjacent uses." The applicants are proposing to install berms and fencing
along Weld County Road 27 and along the south side of the site to provide buffering from
existing residences to the south.
b. Section 23-2-220.A.2--The proposed use is consistent with the intent of the(A)Agricultural
Zone District.Section 23-3-40 subsection A.1 of the Weld County Code provides for Asphalt
and Concrete Batch Plants as a Use by Special Review in the A(Agricultural)Zone District.
c. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses. The site is surrounded by a grain storage and processing
facility to the north, farmland and a single family residence to the south, cropland and a
feedlot to the east and cropland and a single family residence to the west. The site is
located within 1/4 mile of industrial uses to the north and within'''A mile of State Highway 85
and industrial uses to the west. Applicants are proposing to screen the facility with six foot
berms with landscaping and a six foot high opaque wooden fence along Weld County Road
27 and along the southern end of the batch plant area.
EXHIBIT
2001-1578
RESOLUTION USR-1324
Asphalt Specialities, Co., Inc.
Page 2
d. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected byChapter22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The proposed use is located within the three-mile referral areas for the City
of Fort Lupton and the City of Brighton.
e. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County
Code. The site does not lie within any Overlay Districts.
f. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. Section 22-2-60 A.Goal
1 of the Weld County Code states"Preserve prime farmland for agricultural purposes which
foster the economic health and continuance of agriculture." The site is defined as"Prime"
per the 1979 USDA Soil Conservation Service map. However the applicants are only
proposing to develop 14 acres out of an 80 acre parcel. This section of land is divided from
the remainder of the property to the east by Union Pacific Railroad tracks and right-of-way.
The remainder of the 80 acre parcel is to remain in crop.
g. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240 of the Weld County
Code), Operation Standards (Section 23-2-250 of the Weld County Code), Conditions of
r"` Approval, and Development Standards ensure that there are adequate provisions for the
protection of health,safety,and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities. The
Department of Planning Services's staff recommendation for approval is conditional upon the following:
1. The attached Development Standards for the Special Review Permit shall be adopted and placed
on the Special Review Plat prior to recording. The completed plat shall be delivered to the Weld
County Department of Planning Services and be ready for recording in the Weld County Clerk and
Recorder's Office within 30 days of approval by the Board of County Commissioners. (Department
of Planning Services)
2. Prior to Scheduling Board of County Commissioners Hearing:
A. The applicant shall provide evidence that the facility has obtained an "adequate" water
supply.Applicant shall apply for commercial use for the wells through the State of Colorado,
Division of Water Resources. Evidence shall be provided from the State of Colorado,
Division of Water Resources that there will be adequate water capacity to serve the
proposed use. (Department of Public Health & Environment)
B. Section 22-5-100 8.1 of the Weld County Code states"new planned unit developments or
subdivisions should be planned to take into account current and future oil and gas drilling
activity to the extent oil and gas development can reasonably be anticipated." The applicant
shall either submit to the Weld County Department of Planning Services a copy of an
agreement with the properties mineral owners stipulating that the oil and gas activities have
adequately been incorporated into the design of the site or show evidence that an adequate
to""` attempt has been made to mitigate the concerns of the mineral owners. (Department of
Planning Services)
RESOLUTION USR-1324
Asphalt Specialities, Co., Inc.
Page 3
3. Prior to recording the plat:
A. The applicant shall enter into an Improvements Agreement for the designated haul route
from the facility. The applicant has identified Weld County Road 27,Weld County Road 6
and Weld County Road 8 as being part of the haul route to US Highway 85. (Department
of Public Works)
B. The applicant shall enter into an Improvements Agreement for on-site parking,landscaping
improvements and stormwater detention provisions(if requ ired)for the facility. (Department
of Public Works)
C. The applicant shall address the requirements of the Colorado Department of Transportation
as stated in their referral received April 16, 2001. Evidence of Colorado Department of
Transportation approval shall be submitted to the Department of Planning Services.
(Colorado Department of Transportation)
D. The applicant shall verify that the lengths of the accel-decel lanes off of Highway 85 are
sufficient with Diane Houghtaling of the Department of Public Works. Evidence from the
Department of Public Works approval shall be submitted to the Department of Planning
Services.
E. The applicant shall submit Storm Water Retention facility plans for review and approval by
the Weld County Department of Public Works. Evidence of Public Works approval shall be
submitted to the Department of Planning Services. (Department of Public Works)
F. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit application to the Air Pollution Control Division of the Colorado Department of Public
Health and Environment. Evidence of such shall be submitted to the Department of
Planning Services. (Department of Public Health & Environment)
G. Submit a dust abatement plan to the Environmental Health Services, Weld County
Department of Public Health & Environment, for approval prior to operation. Evidence of
Department of Public Health&Environment approval shall be submitted to the Department
of Planning Services. (Department of Public Health and Environment)
H. All septic systems located on the property shall have appropriate permits from the Weld
County Department of Public Health & Environment. The Environmental Health Division
of the Weld County Department of Public Health & Environment was unable to locate a
septic permit for the septic system currently serving the home in the southwest corner of
this site. Any existing septic system which is not currently permitted through the Weld
County Department of Public Health&Environment will require an I.S.D.S.Evaluation prior
to the issuance of the required septic permit. In the event the system is found to be
inadequate,the system must be brought into compliance with current I.S.D.S. regulations.
Evidence of Department of Public Health&Environment approval shall be submitted to the
Department of Planning Services. (Department of Public Health & Environment)
An individual sewage disposal system is required for the proposed office building and shall
be installed according to the Weld County Individual Sewage Disposal Regulations. The
RESOLUTION USR-1324
Asphalt Specialities, Co., Inc.
Page 4
septic system is required to be designed by a Colorado Registered Professional Engineer
according to the Weld County Individual Sewage Disposal Regulations. If the septic system
is located in the flood plain,the installation of the septic system shall comply with the Weld
County I.S.D.S.flood plain policy. Evidence of Department of Public Health&Environment
approval shall be submitted to the Department of Planning Services. (Department of Public
Health & Environment)
J. If applicable, the facility shall obtain a Stormwater discharge and any other required
discharge permits from the Water Quality Control Division of the Colorado Department of
Health. Evidence of such shall be submitted to the Department of Planning Services.
(Department of Public Health & Environment)
K. The applicant shall provide evidence to the Department of Public Health& Environment that
any vehicle washing area will be designed and constructed to capture all effluent and
prevent any discharges from drum washing and the washing of vehicles in accordance with
the Rules and Regulations of the Water Quality Control Commission and the Environmental
Protection Agency. Evidence of Department of Public Health&Environment approval shall
be submitted to the Department of Planning Services. (Department of Public Health &
Environment)
L. The applicant shall submit a waste handling plan,for approval,to the Environmental Health
Services Division of the Weld County Department of Public Health & Environment.
Evidence of Department of Public Health and Environment approval shall be submitted to
the Department of Planning Services. The plan shall include at a minimum,the following:
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed (including the
facility name, address, and phone number). (Department of Public Health &
Environment)
M. The applicant shall submit a plan detailing the mitigation of conflict between agricultural
vehicles and Asphalt Specialites Company, Inc. trucks traveling on Weld County Roads.
N. The plat shall be amended to delineate the following:
1) Weld County Road 27 is designated on the Weld County Transportation Plan
Map as a collector status road,which requires 80 feet of right-of-way at full build
out. There is presently 60 feet of right-of-way. A total of 40 feet from the
centerline of Weld County Road 27 shall be delineated right-of-way on the plat.
This road is maintained by Weld County. (Department of Public Works)
es` 2) The applicant shall place on the plat all rights-of-way such as road, railroad,and
any oil and gas utility that may interfere with the proposed operation of the site.
(Department of Public Works)
RESOLUTION USR-1324
Asphalt Specialities, Co., Inc.
Page 5
3) The proposed surface for the proposed parking lots and access drive (asphalt,
concrete,or equivalent)as approved by the Department of Public Works shall be
indicated on the plat. (Department of Public Works)
4) The landscape plan shall be amended to indicate a berm, fencing, and
landscaping along the northern boundary of the USR site.
4. Prior to operation:
A. Proper Building Permits shall be obtained prior to any construction, remodeling, demolition
and relocation of buildings or excavation. (Department of Building Inspection)
5. The Special Review activity shall not occur nor shall any building or electrical permits be issued on
the property until the Special Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder. (Department of Planning Services)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ASPHALT SPECIALTIES COMPANY, INC.
USR-1324
1. The Site Specific Development Plan and Special Review Permit is for a Asphalt and Concrete Batch
Plant Facility in the A(Agricultural)Zone District, as indicated in the application materials on file and
subject to the Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. Operations shall be conducted during the hours of daylight except in the case of public or private
emergency,or to make necessary repairs to equipment. This restriction shall not apply to operation
of administrative and executive offices or repair facilities located on the property. (Department of
Planning Services)
4. The off-street parking spaces at the main office parking lot including the access drive shall be
surfaced with asphalt, concrete, or equivalent and shall be graded to prevent drainage problems.
(Department of Public Works)
/'� 5. The facility shall operate in accordance with the approved dust control plan. The facility shall have
sufficient equipment available to implement appropriate dust control. Additional control measures
shall be implemented as required by the Weld County Health Officer. (Department of Public Health
& Environment)
6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5,C.R.S.)shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
7. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a"solid waste"in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
8. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Department of Public Health and
Environment)
9. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
10. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone
District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment)
11. Adequate hand washing and toilet facilities shall be provided for employees. (Department of Public
Health and Environment)
12. The facility shall provide an adequate water supply for drinking and sanitary purposes.
(Department of Public Health & Environment)
13. The operation shall comply with the Occupational Safety and Health Act (OSHA). (Department of
Public Health & Environment)
14. Any vehicle washing area(s)shall capture all effluent and prevent discharges from drum washing and
the washing of vehicles in accordance with the Weld County Code,the Rules and Regulations of the
Water Quality Control Commission,and the Environmental Protection Agency.(Department of Public
Health & Environment)
15. The applicant shall remove, handle,and stockpile overburden, soil, sand and gravel from the facility
area in a manner that will prevent nuisance conditions. (Department of Public Health and
Environment)
16. The landscaping on site shall be maintained in accordance with the approved landscape plan.
(Department of Planning Services)
17. Proper building permits shall be obtained prior to any construction,remodeling,demolition,relocation
of buildings or excavation. (Department of Building Inspection)
18. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240 of the Weld County Code.
19. The property owner or operator shall be responsible for complying with the Operation Standards of
Sections 23-2-250 and 23-4-290 of the Weld County Code.
20. Personnel from the Weld County Departments of Public Health and Environment and Planning
Services shall be granted access onto the property at any reasonable time in order to ensure the
activities carried out on the property comply with the Development Standards stated herein and all
applicable Weld County regulations.
21. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards as shown or stated shall require the approval of an amendment of the Permit
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
22. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners.
Motion seconded by Arlan Marrs.
VOTE:
For Passage Against Passage
Cristie Nicklas Stephan Mokray
Arlan Marrs John Folsum
Fred Walker Michael Miller
Cathy Clamp
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I,Vicki Hamilton, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution,is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on April 17, 2001.
Dated the 17"1 of April, 2001.
�4 /ox N
Vicki Hamilton
Secretary
r
Permit. It should be noted that this is a pending zoning violation. Chris Gathman also stated there is a
pending violation hearing scheduled before the Board of County Commissioner's scheduled for May 8,2001,
at 10:00 A.M. to consider this violation. The representative for the applicant is available.
Cristie Nicklas asked Lee Morrison what would happen at the violation hearing. Lee Morrison responded
that the Board of County Commissioners decides whether or not to refer the violation to the Weld County
Attorneys' office to seek legal remedies in court.
Cristie Nicklas asked the audience how many were in attendance for Case Number USR-1318. She
requested a show of hands. Cristie Nicklas reiterated that the violation hearing before the Board of County
Commissioners will be on May 8, 2001 at 10:00 A.M. and conferred with Lee Morrison if the public would
be allowed to speak. Lee Morrison stated that most likely the public would be granted an opportunity to
speak, however there might be time constraints.
George Ottenhoff, representative for the applicant stated his name and address for the record.
Christi Nicklas asked Mr. Ottenhoff was the applicant's plans were at this time. George Ottenhoff
responded that they were looking at what options are available. Mr. Ottenhoff was also concerned
regarding the time of the violation hearing as he is previously scheduled for depositions at that time.
Lee Morrison suggested Mr. Ottenhoff correspond with the Clerk to the Board and the County Attorneys
office as soon as possible with alternative times and dates on Mondays and Wednesdays as there may be
an opportunity to reschedule.
Cristie Nicklas suggested to the public that if the hearing dates and times have changed it will probably be
on the website, however if that is not available,to contact the Clerk to the Board,or with Bethany Salzman,
Code Compliance Officer for the Department of Planning Services.
Cristie Nicklas opened the hearing for public comment, only for whether or not this case should be
withdrawn. Cristie Nicklas also stipulated to the public that the Planning Commission at this time
has no jurisdiction over this case.
Marian Ogden stated name and address for the record. Mr. Ogden's concern was the noise that
is generated from Mr. Aguirre's business.
Lee Morrison informed Mr.Ogden that there may be private remedies,however,the county is not authorized
to file a lawsuit until the Board Hearing. A court order can not be authorized until the Board of County
Commissioners institutes legal action.
Stephan Mokray moved that the Planning Commission accept the withdrawal of USR-1318. Michael Miller
seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Arlan Marrs, yes; Stephan Mokray, yes; Michael Miller, yes; Jack Epple, absent; Bryant
Gimlin, absent; Cathy Clamp, yes; Cristie Nicklas, yes; Fred Walker, yes. Motion carried unanimously.
3. CASE NUMBER: USR-1324
APPLICANT: Asphalt Specialties Co., Inc.
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part of N2 of SW4 Section 20,Township 1 North, Range 66 West
of the 6th P.M., Weld County, Colorado
REQUEST: A Site Specific Development Plan and a Special Use Permit for a Asphalt and
Concrete Batch Plant Facility in the A(Agricultural)Zone District.
LOCATION: West of and adjacent to Weld County Road 27 and 1/4 mile north of Weld County
Road6.
Chris Gathman,Planner presented Case Number USR-1324 and read the Department of Planning Services
comments and recommendations of approval into the record. Chris Gathman also presented amendments is,
to the comments. In the recommendations of approval, Section 3, Condition 3.C. was added which
pertains to the comments from the Colorado Department of Transportation, and Condition 3.D. pertains to
the comments from Diane Houghtaling regarding the lengths of the accel-decel lanes off Highway 85. The I c l *
next amendment is the in the Development Standards, deletion of Condition 3 (hours of operation)which K �J
is covered in the Operations Standards of Section 23-4-290 of Weld County Code.
Fred Walker wanted to know when the applicant received the referral from Colorado Department of
Transportation.
Chris Gathman, the applicant has not seen the referral due to the lateness of it. However, the Colorado
Department of Transportation referral is available to the applicant, at this time.
Cathy Clamp requested the map be shown again and where the residences to the south are located. Chris
Gathman located the residences on the map.
Michael Miller, asked if there were three(3) residences to the north of the property on the Horton Feedlot
property line. Chris Gathman concurred that the residences were associated with the grain processing.
Michael Miller agreed there were three residences to the north of the site and one residence at the north
property line across the road.
John Folsom questioned a possible conflict between the Colorado Department of Transportation and the
Department of Public Works in the recommendation of approval, 3.C.and 3.D. Diane Houghtaling had told
Chris Gathman that she still wanted verification on the accel-decel lanes because that was part of the traffic
study that was submitted.
Alex Schatz,from Banks and Gesso, permitting representative for Asphalt Specialities Company, Inc., did
a presentation on behalf of the applicant providing maps regarding a more detailed site plan showing out
buildings and structures;and landscaping plan showing berms with a six-foot fence will buffer the view and
the noise.
Arlan Marrs questioned Mr. Schatz regarding the amount of trucks per day coming from and going into the
plant. The traffic study indicated 385 round trips which means approximately 190 trucks, including other
types of traffic such as employees. Total trucks would be around 150 round trips. About fifty (50) percent
of the trucks will be heading south on Highway 85. Mr. Schatz indicated the applicant would be willing to
have a condition stipulating that the trucks go out Highway 85 where there is a signalized intersection and
route the trucks north on Highway 85 as opposed to Weld County Road 27. Arlan Marrs concerns were for
Weld County Roads 6 and 8 for the trucks turning south onto Highway 85. A haul route to Weld County
Road 2 where there is a signal light would alleviate this.
Mr. Schatz confirmed that the applicant would be willing to work out the routing of truck traffic.
Ken Buderal,Asphalt Specialites Company,Inc.,applicant reiterated that he would be agreeable to rerouting
the trucks to Weld County Road 2.
Don Carroll, mentioned that Weld County Road 6 will be signalized this year.
Michael Miller, mentioned there was no berming to screen, homes to the north and there is no noise
mitigation apparent. Mr. Schatz was unaware of the residences directly to the north. Mr. Schatz did not
have a problem continuing the berming along the north line. Mr.Miller asked Mr.Schatz to determine if the
applicant was proposing a processing plant,which was apparent on the site plan or if the application was
for a Asphalt and Concrete Batch Plant facility with no processing plant. Mr. Schatz confirmed that no
processing would be involved and the application was for the asphalt&concrete batch plant facility.
Michael Miller was concerned about the noise from the facility during the early hours of operation. The
applicant stated that the berms and fencing would buffer the noise as well as the plant being adjacent to
the grain silos which also helps buffer the noise. Michael Miller said the noise level will be sixteen(16)feet
above the buffer area. Mr.Buderal said it would be feasible to enclose and insulate the vibrator to mitigate
the noise level to acceptable limits.
Michael Miller asked Lee Morrison if it was a County Ordinance to maintain hours of operation to daylight
hours. Lee Morrison stated there are specific provisions pertaining to these kinds of operations. In the
absence of anything being said in the application those are the standards however, the Board specifically
sets alternative hours and the Planning Commission could make a recommendation on whether to agree
or disagree with the hours requested.
Michael Miller asked Don Carroll if Weld County Road 8 was going to be signalized. Don Carroll responded
that the 85 Corridor study indicated that County Road 8 was scheduled to be signalized.
Cathy Clamp asked the applicant what plan for remediation was in place after the USR was completed.
Mr. Schatz said the facility will be on the site until such time as the operation is no longer economically
viable. Cathy Clamp confirmed that there was no ending date for this USR to be completed.
Chris Gathman clarified what the County Code says on the hours of operation: All sand and gravel
operations shall be conducted during the hours of daylight except in case of public or private emergency or
to make necessary repairs to equipment. This restriction shall not apply to operation of administrative and
executive offices or repair facilities located on the property.
Michael Miller stated that in the development standards that you will install a facility to capture wash water
from drum washouts and truck washings. On the plat, there is no indication for allowing this. Mr. Schatz
stated that the detention pond area would facilitate this.
Cristie Nicklas opened the hearing for public comment.
William A.Southard,an attorney for Ruth Ann Southwick,spoke on behalf of Ruth Ann Southwick.She owns
the eighty acres south of the facility. Mr. Southard voiced several concerns of Mrs. Southwick, such as
water,noise,dust,oil leakage,and where does the gravel comes from. Mrs.Southwick also had questions
regarding the use Weld County Road 27 as the road has a five-ton limit. Mr. Southard stated that the
gravel was being hauled several miles from the south to the plant.
Cristie Nicklas asked Mr. Southard if Ms. Southwick lived on the property. He stated no she does not.
Cathy Clamp asked if Mrs. Southwick intend to subdivide at this point. Mr. Southard said not at this time.
Don Carroll responded to Mr. Southard regarding Weld County Road 27. The Department of Public Works
is requiring a road improvements agreement that will basically require the applicant to do repairs or overlays
if the road needs improvement. A designated haul route will also be assigned to the applicant. The haul
route at this point will be from the entrance north or south to either Weld County Road 6 or 8 and onto the
Highway 85 corridor.
Joe Sasaki,stated concerns for the farm vehicles and the trucks on the same roads. Mr.Sasaki stated that
farm vehicles are not allowed on Highway 85 so they use Weld County Road 27. Mr.Sasaki suggested the
dirt road by the trailer court could be used.
Tom Ugorchi, voiced concerns for the traffic and road conditions.
Cristie Nicklas asked Don Carroll to respond to the public comments.
Don Carroll stated that the applicant didn't indicate he would be hauling in the direction of the dirt road and
that the in the 85 Corridor study the dirt road may be closed in the future.
Cristie Nicklas asked Don Carroll if there was anyway to mitigate conflict with the agriculture community and
this number of trucks. Don Carroll responded that it is more of a law enforcement issue.
Fred Walker suggested that Don Carroll would be willing to work with the applicant in determining a haul
route that would accommodate the agriculture community as well as the truck drivers. Cristie Nicklas
suggested that the applicant also meet with the farmers for their input into the haul routes.
Michael Miller expressed his concerns of the added 320 trips per day on Weld County Road 27 and the
safety and traffic hazard. Don Carroll responded he would consult with Diane Houghtaling regarding the
traffic study of the vicinity.
Cathy Clamp stated the last traffic study in that area was done in 1996. A revised traffic study may be
needed at this time. Also, the width of County Road 6 and 8 is a real concern regarding both truck travel
and farm vehicles at the same time. Don Carroll responded that mitigation of the intersections on Road 6
and 8 to accommodate right and left turn lanes.Cristie Nicklas asked that a traffic count be done before the
Board of Commissioners hearing. Don Carroll agreed to see if this could be done.
Alex Schatz stated there was a traffic study submitted with the application. To mitigate the traffic there will
be accel-decel lanes into the facility.
Alex Shatz also commented that they were aware of Mrs. Southwicks concerns from the onset. Siting and
layouts of the plants were based on some of Mrs. Southwicks comments during the initial conversations.
Cristie Nicklas confirmed with the applicant that the drivers bringing the aggregate into the facility and the
drivers going out of the facility would be employed by Asphalt Specialists. Cristie Nicklas requested that
the drivers have some education of the farm machinery and their limitations. The applicant agreed to this
request.
Michael Miller asked about the source of the aggregate. The applicant stated that the aggregate came from
Kenosha ponds located in the Northeast part of Boulder County and the Southwest part of Weld County.
Applicant also stated that an application had been submitted to that site, however, Boulder County had
concerns regarding the future growth of Longmont. That application was withdrawn.Michael Miller pointed
out that by sourcing out the aggregate from the site in Boulder county, it is doubling the amount of traffic on
the county roads. Michael Miller commented that usually the concrete plant and mining area were at the
same site. Alex Schatz explained that the site in Weld County had potential opportunity for rail service.
Alex Schatz explained that previously an application had been withdrawn from Weld County for a concrete
batch plant on Weld County Road 20 %due to compatibility concerns with neighboring land uses.
John Folsom asked the applicant if there had been an application to Boulder County. Alex Schatz
responded that a batch plant would not fit with Boulder County's plans for that site. John Folsom questioned
the site location. Alex Schatz stated that Asphalt Specialities bears the risk if the market does not find use
for the aggregate.
Cristie Nicklas asked Chris Gathman to include a landscape plan with berming along the north side of the
plant in the conditions before recording the plat.
Cristie Nicklas requested a letter from the applicant stating the recycling part of the application would not
be part of this site operation.
Discussion began on the hours of operation with Michael Miller agreeing with Planning Staff that the
Ordinance for daylight hours was sufficient. Arlan Marrs requested the exact hours of operation from the
applicant. Mr. Schatz stated the hours of 6:00 a.m. to 10:00 p.m. as stated in the application is being
requested. Kim Buderal,owner stated the hours from 6:00 a.m.to 10:00 p.m.are critical for their operation.
Man Mars moved to change the hours of operation from daylight hours to the hours of 6:00 a.m.to 10:00
p.m. Fred Walker seconded.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Arlan Marrs, yes; Stephan Mokray, no; Michael Miller, no; Jack Epple, absent ; Bryant
Gimlin, absent; Cathy Clamp, no; Cristie Nicklas, no; Fred Walker,yes. Motion fails.
Fred Walker asked Don Carroll if the shoulders on Weld County Roads 27, 6 and 8 could also be included
in the Improvements Agreement with Public Works,thereby giving the farm implement drivers on these an
opportunity to pull over to the side in a safe manner. Don Carroll responded that Public Works would try to
make the road shoulders as wide as possible.
The applicant stated they were in agreement with the conditions of approval and Development Standards
from the Department of Planning Services staff.
Lee Morrison suggested that a plan for education of the drivers be submitted with information regarding
trainings, signage and information on mitigating traffic conflict between farm elements and trucks on the
roads. The applicant was in agreement.
Don Carroll clarified that there had been a previous traffic count on the site. A traffic count will be supplied
before the Board of County Commissioners hearing. A haul route will be posted to verify vehicle traffic.
Chris Gathman stated that the applicant shall submit a plan detailing the mitigation of conflict with
agricultural vehicles and vehicles entering and exiting the batch plant site prior to recording the plat.
Cathy Clamp made a motion to send Case number USR-1324 with the amendments to the conditions of
approval and Development Standards to the County Commissioners with our recommendation for approval.
Arlan Marrs seconded.
Michael Miller voted no commenting that the application is in violation of 22-5-80 which calls for the
reasonable and orderly development of mineral resources and 23-2-20 which compromising the health,
safety and welfare of residents of the county by duplicating truck trips on the county roads.
John Folsom voted no suggesting alternatives should be exhausted first by applying to Boulder County for
the batch plant at the site of the aggregate mine.
Cathy Clamp voted yes but is in agreement with Michael Miller however,batch plants are necessary for all
the current building projects. Cathy Clamp stated a stable site that is somewhat less obtrusive causes less
pain for residents than multiple sites that are closer to residential areas.
Stephen Mokray voting no,agrees with Michael Miller as it is an inefficient operation and also has concerns
about the traffic.
Fred Walker,voted yes but with concerns regarding the traffic,but said the Department of Public Works will
be available to help mitigate the traffic problems.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,no; Arlan Marrs,yes; Stephan Mokray, no; Michael Miller,no,;Jack Epple,absent; Bryant Gimlin,
absent; Cathy Clamp, yes; Cristie Nicklas, yes ; Fred Walker,. Motion carried.
4. CASE NUMBER: USR-1323
APPLICANT: John Hochmiller
PLANNER: Robert Anderson
LEGAL DESCRIPTION: N2/N2/SE4, SEC 32, T3N, R65W, 6T" PM,Weld County, CO
REQUEST: A site specific development plan and special review permit for a business
permitted as a use by special review(commercial junk or salvage yard)in the I-3
(industrial)zone district.
LOCATION: West and adjacent to WCR 41 & 'h Mile S of WCR 28
Robert Anderson, Planner presented Case USR-1323 and read the Department of Planning Services
comments and recommendations of approval into the record. Amendments to staff comments include 2.B.,
additional language regarding the uses of (Auto Sales and Paint Ball); 2.E., the County Code overlay
districts; Condition of approval #1, the 30-day time line for recording the plat is changed to 60 days;
Condition of approval#2.E.,the word"screening"has been added to landscape plan;Condition of approval
2.E.2, additional language regarding concentrated landscaping; Condition of approval 2.F. the removal of
commercial and the emphasis of Industrial; 2.G. Submission of compliance with condition of approval 2G;
2.L.3 is an addition that the plat be drawn with "North"as being to the top of the Plat"; 2M.Improvements
Agreement;Addition of Development Standard 14,the hours of operation. Robert Anderson also presented
slides and video of the site.
Stephen Mokray asked how long the operation had been in violation. Bethany Salzman,Code Compliance
Office, Department of Planning Services, received the initial complaint in July of 2000. The violation was
started in October of 2000. John Folsom asked if there were any current improvements to the site. Bethany
Salzman responded that the violation is a result of a commercial operation without a Use by Special Review.
Bethany Salzman stated there were no other violations other than the non-commercial junkyard at the back
of the property. Robert Anderson stated that of his visit to record the video there has been no remediation.
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