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Home My WebLink About20194861.tiffSECOND CORRECTED RESOLUTION (Corrected as to the updated property legal description reflected in Conditions of Approval (COA) #1.8 and #1.J.16; inserting a new COA #1.C regarding a restrictive covenant limiting Lot B of RECX16-0183 to agricultural purposes, and relettering the subsequent paragraphs; expanding the Landscaping and Screening Plan in COA #1.E to include the access road; amending COA #1.G to address the requirement of a proportional share for off -site improvements; amending COA #1.J.9 to delete the old access permit number; and amending Development Standard #10 to reference the approved Landscape and Screening Plan.) RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR16-0041, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING AN ASPHALT BATCH PLANT; ASPHALT AND CONCRETE RECYCLING OPERATIONS; ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (HEAVY EQUIPMENT MAINTENANCE SHOP, ADMINISTRATIVE OFFICE BUILDING, QUALITY CONTROL LAB, LIQUID ASPHALT STORAGE, COMPANY FUELING STATION AND OUTDOOR TRUCK AND EQUIPMENT PARKING, STAGING AND STORAGE AND RAW AND PROCESSED MATERIAL STORAGE WHEN SCREENED FROM PUBLIC RIGHTS -OF -WAY AND ADJACENT PROPERTIES) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT - HUNT BROTHERS PROPERTIES, INC. / ASPHALT SPECIALTIES CO., INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 8th day of March, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Hunt Brothers Properties, Inc. / Asphalt Specialties Co., Inc., 10100 Dallas Street, Henderson, Colorado 80640, for a Site Specific Development Plan and Use by Special Review Permit, USR16-0041, for Mineral Resource Development Facilities including an Asphalt Batch Plant; Asphalt and Concrete Recycling Operations; any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (heavy equipment maintenance shop, administrative office building, quality control lab, liquid asphalt storage, company fueling station and outdoor truck and equipment parking, staging and storage and raw and processed material storage when screened from public rights -of -way and adjacent properties) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Part of the NE1/4 and part of the E1/2 of the NW1/4 of Section 25, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado, which will become Lot A of 2nd Corrected Recorded Exemption, RECX16-0183, and Lot A of 2nd Corrected Recorded Exemption, RECX16-0184, once recorded in accordance with Condition of Approval #1.6 of this Resolution c(kO,-re);cAt6G) p C , -,` //'y/2A° 2019-4861 PL2460 SPECIAL REVIEW PERMIT (USR16-0041) - HUNT BROTHERS PROPERTIES, INC. / ASPHALT SPECIALTIES CO., INC. PAGE 2 WHEREAS, at said hearing, the applicant was present and the Board deemed it appropriate to continue the matter to March 22, 2017, and then again to April 26, 2017, to allow the applicant adequate time to meet with the Farmers Reservoir and Irrigation Company (FRICO) and schedule a community meeting with the neighbors, and WHEREAS, on April 26, 2017, the Board deemed it appropriate to continue the matter to August 2, 2017, to allow for all five (5) Commissioners to be present, and the opportunity to conduct another neighborhood meeting and address concerns from FRICO, and WHEREAS, on August 2, 2017, at said hearing, the applicants were present, and WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of said Use by Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendation of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved 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 Board of County Commissioners that the applicant has shown compliance with Section 23-2-230.B of the Weld County Code as follows: A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. 1) Section 22-2-20.G (A.Goal 7) states: "County land use regulations should protect the individual property owner's right to request a land use change." And Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of agricultural land to nonurban residential, commercial, and industrial uses should be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the region. "The applicant, Asphalt Specialties Company, Inc. (ASCI) seeks to consolidate a significant portion of its business activities to this location, including relocating the corporate office, quality control (QC) lab and company maintenance shop. The corporate office currently exists in Commerce City (Henderson) in Adams County and the QC lab is located in Adams County (Denver). ASCI sees the strategic value of this relocation, with its proximity and fairly direct access to 1-25 and with respect to economic development in the Northern Front Range, 1-25 corridor and Weld County, as being central to a long-range view of company growth and sustainability in Colorado. ASCI is locally owned and has been in business since 1991, with a 2019-4861 PL2460 SPECIAL REVIEW PERMIT (USR16-0041) - HUNT BROTHERS PROPERTIES, INC. / ASPHALT SPECIALTIES CO., INC. PAGE 3 majority of work (heavy -highway construction and asphalt/concrete paving) being performed in the northern Denver metro area, and with much work being performed on behalf of Weld County. As is evident in recent years, rapid growth and economic well-being has been experienced in the Northern Front Range and northern 1-25 corridor and this is expected to continue into the foreseeable future. ASCI also operates two (2) sand and gravel mining operations in Weld County. The applicant proposes to construct a 12,000 square -foot office building, a 10,625 square -foot vehicle and equipment maintenance building and a 2,500 square -foot Quality Control Laboratory with an employee parking area and a storage/parking area for trucks and construction equipment. The hours of operation are proposed to be between 6:00 a.m. and 11:30 p.m., Monday through Saturday, with occasional extended hours on Sunday for the maintenance shop only. The application materials state that there will be about sixty (60) employees total on -site, not including truck drivers. The Department of Planning Services is requesting a Lighting Plan and an updated Landscaping/Screening Plan. The Screening Plan shall screen the access road, truck parking and the outdoor storage. These two plans, along with the Conditions of Approval and Development Standards for this proposal, will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses. B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.A allows mineral resource development facilities, including asphalt and concrete batch plants and asphalt and concrete recycling operations; and, Section 23-3-40.S states: "Any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts, (Heavy Equipment Maintenance Shop; Administrative Office Building; Quality Control Lab; Liquid Asphalt Storage; Company Fueling Station and outdoor truck and equipment parking, staging and storage and raw and processed material storage when screened from public rights -of -way and adjacent properties) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions as a Use by Special Review in the A (Agricultural) Zone District." C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The proposed facility is located on two parcels of land created through the Recorded Exemption land use application process. The Bull Canal Lateral 1 bisects the property in an east -west alignment and there is an overhead electric 345kV Hoyt -Terry Street transmission line (Western Area Power Administration) sited south of the ditch and within a recorded easement of 85 feet in width via 2019-4861 PL2460 SPECIAL REVIEW PERMIT (USR16-0041) - HUNT BROTHERS PROPERTIES, INC. / ASPHALT SPECIALTIES CO., INC. PAGE 4 Reception No. 1075431. The site is located 0.5 miles south of the current City of Dacono corporate limits; 0.5 miles east of the City and County boundary for Broomfield and 1.5 miles north of the Adams County line. The property is not located within an Urban Growth Boundary, an Intergovernmental Agreement Area or a Coordinated Planning Area. There are few residential structures located in the immediate area, with the nearest residence being located approximately 660 feet northeast of the north property line. To the south is a residence approximately 775 feet with a substantial change of grade between the residence and the proposed facility. All other residences are located between 1,700 feet and 3,600 feet from the property line associated with the proposed facility. Adjacent land uses to the northwest include a RV, Boat and mini -storage facility (USR13-0010); adjacent to the west, is a RV and boat storage facility (USR-1607), a Public Utility Facility for United Power 115 kV substation (USR-1702); adjacent to the southwest is the Varra Company mineral resource development facility including a concrete recycle and concrete batch plant; and, to the south is a RV, boat storage and 150 -dog Kennel (MUSR14-0021). The application indicates that most heavy truck traffic associated with the business will utilize County Road (CR) 6 heading west to access the Interstate 25 corridor. Vendors and employees may access the facility from the west or east on CR 6. Staff has received one letter from a surrounding property owner that objects to this USR. The letter outlined concerns with industrial noise, heavy truck traffic, dust, chemical smells, and otherwise creating a negative impact on what is today a beautiful property. Staff has also received one telephone call requesting information on the land use application. The Department of Planning Services is requesting a Lighting Plan and an updated Landscaping/Screening Plan. The Screening Plan shall screen the access road, truck and equipment parking and the outdoor storage from adjacent properties and public rights -of -way. These two plans, along with the Conditions of Approval and Development Standards for this proposal, will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses. Will meet Residential noise standards, reduction in access increases safety, road improvements of accel/decel lanes enhance compatibility. D. Section 23-2-230.B.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 by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is located within the three (3) mile referral area of the City of Dacono, City of Northglenn, Town of Erie and Adams County, and is not located within any existing Intergovernmental Agreement Area (IGA) or Coordinated Planning Agreement Area (CPA) of a municipality. The City of Dacono returned a referral, dated December 29, 2016, stating that the City of Dacono's future growth boundary is adjacent to the 2019-4861 PL2460 SPECIAL REVIEW PERMIT (USR16-0041) - HUNT BROTHERS PROPERTIES, INC. / ASPHALT SPECIALTIES CO., INC. PAGE 5 proposed asphalt batch plant and that the City has concerns regarding fugitive dust and other particulate matter, and excessive noise and odor negatively impacting nearby residents from the proposed use. The City has concerns regarding the compatibility of this Use based upon the proximity of current residential development. Additionally, CR 8, (Summit Boulevard) allows no trucks or other commercial vehicles with a weight in excess of ten thousand pounds at any time upon any public street in the City. Planning staff has received one letter of opposition from an adjacent property owner with several concerns (see PC Exhibit 1). The Department of Planning Services received other letters of opposition that are saved as PC Exhibits or BOCC Exhibits. The siting of the batch plant facility south of the FRICO Lateral and near the existing Varra concrete batch plant and the existing Tri-State Generation and Transmission, Inc. Substation (USR-1702) sited to the west creates an area that can support this type of development. Further, the office is located near CR 6 and the maintenance shop south of the office yet located north of the FRICO Lateral and adjacent to CR 6. The City of Dacono's Comprehensive Land Use Plan identifies lands north of CR 6, between CR 11 and 13, as slated for Industrial development. Further, the Conditions of Approval will require a site Lighting Plan and a Landscape and Screening Plan to be submitted to the Department of Planning Services for review and approval. Additionally, Development Standards will address nuisance transient lighting, provided that uses on the property should comply with the Colorado Air Quality Commission's Air Quality Regulations, and all waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions; all site activities shall be limited to a measurable noise standard and the property is to be maintained such that a nuisance condition is not allowed to develop. E. Section 23-2-230.6.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code. This property is not located in a floodplain, however, it is located in the Geological Hazard Overlay District. The Colorado Geologic Survey (CGS) in their referral dated December 19, 2016, indicated that the area east of the proposed office/shop/lab is undermined by the Lincoln Mine at depths of approximately 150-200 feet. All proposed uses are not known to be directly undermined and does not contain any known mine shafts that could provide a path for groundwater contamination, nor is it exposed to any geologic hazards or geo-technical constraints that would preclude the proposed use(s). CGS finds no conflict between the currently proposed use and any potential subsidence hazard. CGS, therefore, has no objection to the approval of the USR as proposed. The site is within the County -Wide Road Impact Fee Area and the Capital Expansion Impact Fee area. Building Permits issued on the lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs. 2019-4861 PL2460 SPECIAL REVIEW PERMIT (USR16-0041) - HUNT BROTHERS PROPERTIES, INC. / ASPHALT SPECIALTIES CO., INC. PAGE 6 F. Section 23-2-230.6.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed facility is located on approximately 34.1 acres of Prime (Irrigated) land, per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The property has no irrigation and there are no water rights associated with the property to provide irrigation; the property has only been good for dry -land wheat farming. G. Section 23-2-230.6.7 — The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Hunt Brothers Properties, Inc. / Asphalt Specialties Co., Inc., for a Site Specific Development Plan and Use by Special Review Permit, USR16-0041, for Mineral Resource Development Facilities including an Asphalt Batch Plant; Asphalt and Concrete Recycling Operations; any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (heavy equipment maintenance shop, administrative office building, quality control lab, liquid asphalt storage, company fueling station and outdoor truck and equipment parking, staging and storage and raw and processed material storage when screened from public rights -of -way and adjacent properties) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted subject to the following conditions: 1. Prior to recording the USR Map: A. The applicant shall provide the Department of Public Works with an updated application for an Access Permit for the number of access(es) approved by the Board of County Commissioners and place the Access Permit Number, on the USR map. B. The applicant shall submit documents associated with meeting the Conditions of Approval; submit payment for recording the plats; and submit the signed Mylar for 2nd Corrected Recorded Exemption No. RECX16- 0183 and 2nd Corrected Recorded Exemption No. RECX16-0184 to the Department of Planning Services for recordation. C. The applicant shall provide a restrictive covenant or similar document demonstrating that Lot B of RECX16-0183 shall be limited to agricultural purposes for the life of the USR permit. D. The applicant shall submit a Lighting Plan to the Department of Planning Services, for review and approval. Any lighting poles and lamps shall 2019-4861 PL2460 SPECIAL REVIEW PERMIT (USR16-0041) - HUNT BROTHERS PROPERTIES, INC. / ASPHALT SPECIALTIES CO., INC. PAGE 7 comply with Section 23-3-360.F. which states, in part, that, "any lighting shall be designed, located, and operated in such a manner as to meet the following standards: sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties." E. The applicant shall submit an updated Landscaping/Screening Plan which includes berming, vinyl fencing and/or six-foot wood fencing to the Department of Planning Services for review and approval. The access road, equipment parking area and the employee parking area shall be screened from adjacent properties and public rights -of -way to the north, south and east and any residential properties. F. The applicant shall submit evidence of a crossing agreement for the Bull Canal (FRICO) Lateral 1 Ditch. Evidence shall be submitted, in writing, on FRICO letterhead, to the Weld County Department of Planning Services. G. An Improvements and Road Maintenance Agreement is required for off -site improvements at this location. Road maintenance, including dust control, damage repair, specified haul routes, future traffic triggers, and a proportional share of improvements to the intersection of County Road 6 and County Road 13/Colorado Boulevard will be included. H. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. The applicant shall submit written evidence of meeting all of the requirements of the Central Weld County Water District and evidence each parcel associated with the facility has an adequate water supply of sufficient quality, quantity and dependability. J. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR16-0041. 2) The attached Development Standards. 3) The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. 4) The applicant shall delineate on the map the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. 5) The map shall delineate the landscaping, berming and/or screening. Include, at a minimum, decorative fencing in key areas to reflect the rural agricultural character. 2019-4861 PL2460 SPECIAL REVIEW PERMIT (USR16-0041) - HUNT BROTHERS PROPERTIES, INC. / ASPHALT SPECIALTIES CO., INC. PAGE 8 6) The map shall delineate the lighting. 7) All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. 8) County Road 6 is a paved road and is designated on the Weld County Road Classification Plan as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the future and existing right-of-way. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. 9) Show and label the approved access and the minimum 60 -foot turning radii on the site plan. 10) Show and label the approved tracking control on the site plan. 11) Show and label the entrance gate set back a minimum of 100 feet from edge of shoulder. 12) Show and label all recorded easements on the map by book and page number or reception number and date on the site plan. 13) Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the plat per the setback requirements of 23-3-50.E of the Weld County Code. 14) The applicant shall show and label the accepted drainage features and drainage flow arrows. Water quality features or stormwater ponds should be labeled as "Water Quality Feature/Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume. 15) Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. 16) Show and label the accepted thirty (30) -foot wide joint access and utility easement extending across Lot A of 2nd Corrected RECX16-0183 and the Bull Canal Lateral 1 Ditch for the benefit of Lot A of 2nd Corrected RECX16-0184. 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the plat, the applicant shall submit a Mylar plat along with all other documentation required 2019-4861 PL2460 SPECIAL REVIEW PERMIT (USR16-0041) - HUNT BROTHERS PROPERTIES, INC. / ASPHALT SPECIALTIES CO., INC. PAGE 9 as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3) month period. 4. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review, as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us. 5. Prior to Construction: A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. B. The approved access and tracking control shall be constructed prior to on -site construction. 6. Prior to Operation: A. Accepted construction drawings and construction of the off -site roadway improvements are required. B. The applicant shall construct a westbound acceleration lane on County Road 6, westbound left deceleration lane on County Road 6 and an eastbound right deceleration lane on County Road 6 at the facility access, in accordance with the Road Improvements Agreement. C. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility operator, the Fire District and the Weld County Office of Emergency Management. Submit evidence of acceptance to the Department of Planning Services. 2019-4861 PL2460 SPECIAL REVIEW PERMIT (USR16-0041) - HUNT BROTHERS PROPERTIES, INC. / ASPHALT SPECIALTIES CO., INC. PAGE 10 7. Prior to the issuance of the Certificate of Occupancy: A. An on -site wastewater treatment system is required for the proposed facility and shall be installed according to the Weld County On -site Wastewater Treatment System Regulations. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County On -site Wastewater Treatment System Regulations. B. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V Injection Well permit from the Environmental Protection Agency (EPA) for any large -capacity septic system (a septic system with the capacity to serve 20 or more persons per day). Alternately, the applicant can provide evidence from the EPA that they are not subject to the EPA Class V requirements. 8. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of November, A.D., 2019, nunc pro tunc October 2, 2017. BOARD OF COUNTY COMMISSIONERS WE, D COUNTY, C• •RADO / ATTEST: dettlf,s6) Weld County Clerk to the Board BY: r /V eputy Clerk to the Board ED A unty Attorney Date of signature: 1214/19 Mike Freeman, Pro-Tem rbara Kirkmeyer Chair RECUSED Sean P. Conway Steve Moreno 2019-4861 PL2460 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS HUNT BROTHERS PROPERTIES, INC. / ASPHALT SPECIALTIES CO., INC. USR16-0041 1. The Site Specific Development Plan and Use by Special Review Permit, USR16-0041, is for Mineral Resource Development Facilities including an Asphalt Batch Plant; Asphalt and Concrete Recycling Operations; any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (heavy equipment maintenance shop, administrative office building, quality control lab, liquid asphalt storage, company fueling station and outdoor truck and equipment parking, staging and storage and raw and processed material storage when screened from public rights -of -way and adjacent properties) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. The hours of operation for the office are 8:00 a.m. to 5:00 p.m., Monday through Saturday, as stated by the applicant. 4. The hours of operation for the Quality Control Lab are 6:00 a.m. to 4:00 p.m., Monday through Friday, as stated by the applicant. 5. The hours of operation for the Maintenance Shop are 6:00 a.m. to 11:30 p.m., Monday through Sunday, as necessary, as stated by the applicant. 6. When the asphalt plant is operating at night, it will only occur when material is requested by cities, counties, or CDOT, for night paving projects. Operations will be considered "night operations" when they take place between the hours of one hour after sundown do one hour before sunrise. Depending on the request of the jurisdiction purchasing the asphalt, night operations could occur seven days per week. When Asphalt Specialties becomes aware of projects that require night operations, they will email the Weld County Planning Director to let him/her know about the plans to operate outside of daylight hours, who the project is for, how long it will be occurring, and where the materials are being delivered. 7. The number of on -site employees shall be seventy (70). 8. The parking area on the site shall be maintained. 9. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. 10. The landscaping/screening on the site shall be maintained, in accordance with the approved Landscape and Screening Plan. 2019-4861 PL2460 DEVELOPMENT STANDARDS (USR16-0041) - HUNT BROTHERS PROPERTIES, INC. / ASPHALT SPECIALTIES CO., INC. PAGE 2 11. The property owner or operator shall provide written evidence of an approved Emergency Action and Safety Plan on or before March 15th of any given year signed by representatives for the Fire District and the Weld County Office of Emergency Management to the Department of Planning Services. 12. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 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. 13. 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, Section 30-20-100.5, C.R.S. 14. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article I, of the Weld County Code. 15. Odors detected off -site shall not exceed the level of seven -to -one dilution threshold, as measured pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations. The facility shall be operated in a manner so as not create a public nuisance. 16. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's Air Quality Regulations. 17. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application and obtain a permit from the Colorado Department of Public Health and Environment, Air Pollution Control Division, as applicable. 18. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone, as delineated in Section 14-9-30 of the Weld County Code, as measured at the property line of the adjacent residential lots. In all other locations, the facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial Zone District, as delineated in Section 14-9-30 of the Weld County Code. 19. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable provisions of 40 CFR, Part 112, shall be available on the site. 20. Secondary containment shall be constructed around tanks to provide containment for the largest single tank and sufficient freeboard to contain precipitation. Secondary containment shall be sufficiently impervious to contain any spilled or released material. Secondary containment devices shall be inspected at regular intervals and maintained in good condition. All secondary containment will comply with the provisions of the State Underground and Above Ground Storage Tank Regulations. 2019-4861 PL2460 DEVELOPMENT STANDARDS (USR16-0041) - HUNT BROTHERS PROPERTIES, INC. / ASPHALT SPECIALTIES CO., INC. PAGE 3 21. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. 22. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled off for proper disposal. Records of installation, maintenance, and proper disposal shall be retained. 23. All potentially hazardous chemicals must be handled in a safe manner in accordance with product labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. 24. Any stained or contaminated soils on the facility shall be removed and disposed of in accordance with applicable rules and regulations. Any reportable spills will be reported and documented in accordance with all state and federal regulations and records will be kept onsite for WCDHPE review upon request. 25. In the event the septic systems require a design capacity of 2,000 gallons or more of sewage per day, the applicants shall adhere to the requirements of the Colorado Department of Public Health and Environment, Water Quality Control Division (WQCD) Regulations. 26. For employees that are on -site for less than two (2) consecutive hours a day, or ten (10) or less customers or visitors per day, portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. 27. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. 28. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Onsite Waste Water Treatment Systems. 29. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 30. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 31. The access on the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 32. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. 33. The historical flow patterns and runoff amounts on the site will be maintained. 2019-4861 PL2460 DEVELOPMENT STANDARDS (USR16-0041) - HUNT BROTHERS PROPERTIES, INC. / ASPHALT SPECIALTIES CO., INC. PAGE 4 34. Weld County is not responsible for the maintenance of on -site drainage related features. 35. Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties. Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in accordance with the map. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. 36. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the following have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, and 2014 National Electrical Code. A Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A Geotechnical Engineering Report, performed by a Colorado registered engineer, shall be required or an Open Hole Inspection. 37. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 38. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment 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 Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. 39. The Use by 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. 40. 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. 41. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource 2019-4861 PL2460 DEVELOPMENT STANDARDS (USR16-0041) - HUNT BROTHERS PROPERTIES, INC. / ASPHALT SPECIALTIES CO., INC. PAGE 5 locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 42. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the Weld County Code, shall be placed on the map and recognized at all times. 2019-4861 PL2460 TO: Board of County Commissioners FROM: Bob Choate, Assistant County Attorney DATE: October 24, 2019 SUBJECT: Asphalt Specialties Corrected Resolution, Deed of Dedication, and Improvements Agreement Commissioners, As you recall, on July 1, 2019, you dismissed the Show Cause hearing against Hunt Brothers Properties Inc. / Asphalt Specialties Co. ("Operator") related to their USR 16-0041 for an Asphalt and Concrete Batch Plant and related operations. However, at that hearing the Board voiced various concerns that the Operator has attempted to address. On October 30, 2019, your agenda will reflect three items which we believe will bring them into compliance with the Board's expectations. First, we are asking the Board to approve the Second Corrected Resolution approving the USR permit. Specific corrections include (1) updating the legal description and conditions of approval 1.B. and 1.I.16 to reference the Second Corrected Recorded Exemption Plats, which reflect the updated and corrected lot lines that were necessary to accommodate the access location recommended by Public Works; and (2) updating condition of approval 1.I.9 to reflect the updated and corrected access permit number issued by Public Works. The Second Corrected Resolution also deletes reference to the former property owner now that it has been conveyed to the Hunt Brothers Properties Inc. Second, we are asking the Board to accept a Deed of Dedication of right-of-way on the south side of County Road 6, which is necessary to accommodate the additional road improvements required by the Operator's USR permit. Once this is accepted and recorded, the reception number can be included on the Second Corrected Recorded Exemption plats, which are otherwise ready to be recorded. Third, we are asking the Board to approve the Operator's Improvements and Road Maintenance Agreement and to accept $435,281.37 performance bond, as well as a $65,292.20 maintenance bond, as required by the Operator's USR permit. I will be available at the hearing, along with Dawn Anderson and Kim Ogle, to answer questions. The Operator will be present to answer questions as well, and to provide information about the plan for construction and the landscaping plan. 2019-4861 i f/25 PLa 1('o Boa, _ d its SECOND CORRECTED RESOLUTION (Corrected as to the updated property legal description reflected in Conditions of Approval (COA) #1.B7-#--1-49, and #1.Jt.16; inserting a new COA #1.C regarding a restrictive covenant limiting Lot B of RECX16-0183 to agricultural purposes, and relettering the subsequent paragraphs; expanding the Landscaping and Screening Plan in COA #1.E to include the access road; amending COA #1.G to address the requirement of a proportional share for off -site improvements; amending COA #1.J.9 to delete the old access permit number; and amending Development Standard #10 to reference the approved Landscape and Screenin Plan.) RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR16-0041, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING AN ASPHALT BATCH PLANT; ASPHALT AND CONCRETE RECYCLING OPERATIONS; ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (HEAVY EQUIPMENT MAINTENANCE SHOP, ADMINISTRATIVE OFFICE BUILDING, QUALITY CONTROL LAB, LIQUID ASPHALT STORAGE, COMPANY FUELING STATION AND OUTDOOR TRUCK AND EQUIPMENT PARKING, STAGING AND STORAGE AND RAW AND PROCESSED MATERIAL STORAGE WHEN SCREENED FROM PUBLIC RIGHTS -OF -WAY AND ADJACENT PROPERTIES) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT - HUNT BROTHERS PROPERTIES, INC. / ASPHALT SPECIALTIES CO., INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 8th day of March, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Hunt Brothers Properties, Inc. / Asphalt Specialties Co., Inc., 10100 Dallas Street, Henderson, Colorado 80640, for a Site Specific Development Plan and Use by Special Review Permit, USR16-0041, for Mineral Resource Development Facilities including an Asphalt Batch Plant; Asphalt and Concrete Recycling Operations; any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (heavy equipment maintenance shop, administrative office building, quality control lab, liquid asphalt storage, company fueling station and outdoor truck and equipment parking, staging and storage and raw and processed material storage when screened from public rights -of -way and adjacent properties) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Part of the NE1/4 1 /4 and part of the E112 of the NW1/4 of Section 25, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado, which will become Lot A of 2nd Corrected Recorded Exemption, RECX16-0183, and Lot A of 2nd 2019-4861 PL2460 SPECIAL REVIEW PERMIT (USR16-0041) - HUNT BROTHERS PROPERTIES, INC. / ASPHALT SPECIALTIES CO., INC. PAGE 2 Corrected Recorded Exemption, RECX16-0184, once recorded in accordance with Condition of Approval #1.B of this Resolution WHEREAS, at said hearing, the applicant was present and the Board deemed it appropriate to continue the matter to March 22, 2017, and then again to April 26, 2017, to allow the applicant adequate time to meet with the Farmers Reservoir and Irrigation Company (FRICO) and schedule a community meeting with the neighbors, and WHEREAS, on April 26, 2017, the Board deemed it appropriate to continue the matter to August 2, 2017, to allow for all five (5) Commissioners to be present, and the opportunity to conduct another neighborhood meeting and address concerns from FRICO, and WHEREAS, on August 2, 2017, at said hearing, the applicants were present, and WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of said Use by Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendation of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved 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 Board of County Commissioners that the applicant has shown compliance with Section 23-2-230.B of the Weld County Code as follows: A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. 1) Section 22-2-20.G (A.Goal 7) states: "County land use regulations should protect the individual property owner's right to request a land use change." And Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of agricultural land to nonurban residential, commercial, and industrial uses should be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the region. "The applicant, Asphalt Specialties Company, Inc. (ASCI) seeks to consolidate a significant portion of its business activities to this location, including relocating the corporate office, quality control (QC) lab and company maintenance shop. The corporate office currently exists in Commerce City (Henderson) in Adams County and the QC lab is located in Adams County (Denver). ASCI sees the strategic value of this relocation, with its proximity and fairly direct access to 1-25 and with respect to economic development in the Northern Front 2019-4861 PL2460 SPECIAL REVIEW PERMIT (USR16-0041) - HUNT BROTHERS PROPERTIES, INC. / ASPHALT SPECIALTIES CO., INC. PAGE 3 Range, 1-25 corridor and Weld County, as being central to a long-range view of company growth and sustainability in Colorado. ASCI is locally owned and has been in business since 1991, with a majority of work (heavy -highway construction and asphalt/concrete paving) being performed in the northern Denver metro area, and with much work being performed on behalf of Weld County. As is evident in recent years, rapid growth and economic well-being has been experienced in the Northern Front Range and northern 1-25 corridor and this is expected to continue into the foreseeable future. ASCI also operates two (2) sand and gravel mining operations in Weld County. The applicant proposes to construct a 12,000 square -foot office building, a 10,625 square -foot vehicle and equipment maintenance building and a 2,500 square -foot Quality Control Laboratory with an employee parking area and a storage/parking area for trucks and construction equipment. The hours of operation are proposed to be between 6:00 a.m. and 11:30 p.m., Monday through Saturday, with occasional extended hours on Sunday for the maintenance shop only. The application materials state that there will be about sixty (60) employees total on -site, not including truck drivers. The Department of Planning Services is requesting a Lighting Plan and an updated Landscaping/Screening Plan. The Screening Plan shall screen the access road, truck parking and the outdoor storage. These two plans, along with the Conditions of Approval and Development Standards for this proposal, will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses. B Section 23-2-230.B.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.A allows mineral resource development facilities, including asphalt and concrete batch plants and asphalt and concrete recycling operations; and, Section 23-3-40.S states: "Any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts, (Heavy Equipment Maintenance Shop; Administrative Office Building; Quality Control Lab; Liquid Asphalt Storage; Company Fueling Station and outdoor truck and equipment parking, staging and storage and raw and processed material storage when screened from public rights -of -way and adjacent properties) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions as a Use by Special Review in the A (Agricultural) Zone District. " C Section 23-2-230.B.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The proposed facility is located on two parcels of land created through the Recorded Exemption land us, application process. The Bull Canal Lateral 1 bisects the property in an 2019-4861 PL2460 SPECIAL REVIEW PERMIT (USR16-0041) - HUNT BROTHERS PROPERTILS, INC. / ASPHALT SPECIALTIES CO., INC. GE 4 east -west alignment and there is an overhead electric 345kV Hoyt -Terry Street transmission line (Western Area Power Administration) sited south of the ditch and within a recorded easement of 85 feet in width via Reception No. 1075431. The site is located 0.5 miles south of the current City of Dacono corporate limits; 0.5 miles east of the City and County boundary for H roomfield and 1.5 miles north of the Adams County line. The property is not located within an Urban Growth Boundary, an Intergovernmental Agreement Area or a Coordinated Planning Area. There are few residential structures located in the immediate area, with the n=Jarest residence being located approximately 660 feet northeast of the n rth oroperty line. To the south is residence approximately 775 feet with a substantial change of grade between the residence and the proposed facility. All other residences are located between 1,700 feet and 3,600 feet from the property line associated with the proposed facility. Adjacent land u ses to the northwest include a `''V, Boat and mini -storage facility (USR13-0010); adjacent to the west, is a RV and boat storage facility (USRA607), a Public Utility Facility for United Power 115 kV substation (USR-1702); adjacent to the southwest is the Varra Company mineral resource development facility including a concrete recycle and concrete batch plant; and, to the south is a RV, boat storage and 150 -dog Kennel (MUSR14-0021). The application indicates that most heavy truck traffic associated with the business will utilize County Road (CR) 6 heading west to access the Interstate 25 corridor. Vendors and employees may access the facility from the west or east on CR 6. Staff has received one letter from a surrounding property owner that objects to this USR. The letter outlined concerns with industrial noise, heavy truck traffic, dust, chemical smells, and otherwise creating a negative impact on what is today a beautiful property. Staff has also received one telephone call requesting information o n the land use application. The Department of Planning Services is requesting , Lighting Plan and an updated Landscaping/Screening Plan. The Screening Plan shall screen the access road, truck and equipment parking and the outdoor storage from adjacent properties and public rightss-of-way. These two plans, along with the Conditions .-f Approval and Development Standards for this proposal, will assist in mitigating the impacts of the facility on the adj.,cent properties and ensure compatibility with surrounding land uses. Will meet Residential noise standards, reduction in access increases safety, road improvements of accel/decel lanes enhance compatibility. Section 23-2-230.B.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 by Chapter 22 of the Weld County Code and any other applicable code provisions :•:r ordinances in effect, or the adopted Master Plans of affected municipalities. The site is located within the three (3) mile referral area of the City of Dacono, City of Northglenn, —own of Erie and Adams County, and is not located within any existing Intergovernmental Agreement Area 2019-4861 PL2460 SPECIAL REVIEW PERMIT (USR16-0041) - HUNT :;"OTHERS PROPERTIES, INC. / ASPHALT SPECIALTIES CO., INC. PAGE 5 (IGA) or Coordinated Planning Agreement Area (CPA) of a municipality. The City of Dacono returned a referral, dated December 29, 2016, stating that the City of Dacono's future growth boundary is adjacent to the proposed asphalt batch plant and that the City has concerns regarding fugitive dust and other particulate matter, and excessive noise and odor negatively impacting nearby residents from the proposed use. The City has concerns regarding the compatibility of this Use based upon the proximity of current residential development. Additionally, CR 8, (Summit Boulevard) allows no trucks or other commercial vehicles with a weight in excess of ten thousand pounds at any time upon any public street in the City. Planning staff has received one letter of opposition from an adjacent property owner with several concerns (see PC Exhibit 1). The Department of Planning Services received other letters of opposition that are saved as PC Exhibits or BOCC Exhibits. The siting of the batch plant facility south of the FRICO Lateral and near the existing Varra concrete batch plant and the existing Tri-State Generation and Transmission, Inc. Substation (USR-1702) sited to the west creates an area that can support this type of development. Further, the office is located near CR 6 and the maintenance shop south of the office yet located north of the FRICO Lateral and adjacent to CR 6. The City of Dacono's Comprehensive Land Use Plan identifies lands north of CR 6, between CR 11 and 13, as slated for Industrial development. Further, the Conditions of Approval will require a site Lighting Plan and a Landscape and Screening Plan to be submitted to the Department of Planning Services for review and approval. Additionally, Development Standards will address nuisance transient lighting, provided that uses on the property should comply with the Colorado Air Quality C•-mmission's Air Quality Regulctions, and all waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions; all site activities shall be limited to a measurable noise standard and the property is to be maintained such that a nuisance condition is not allowed to develop. E Section 23-2-230.B.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code. This property is not located in a floodplain, howeer, it is located in the Geological Hazard Overlay District. The Colorado Geologic Survey (CGS) in their referral dated December 19, 2016, indicated that the area east of the proposed office/shop/lab is undermined by the Lincoln Mine at depths of approximately 150-200 feet. All proposed uses are not known to be directly undermined and does not contain any known mine shafts that could provide a path for groundwater contamination, nor is it exposed to any geologic hazards or geo-technical constraints that would preclude the proposed use(s). CGS finds no conflict between the currently proposed use and any potential subsidence hazard. CGS, therefore, has no objection to the approval of the USR as proposed. The site is within the County -Wide Road Impact Fee Area and the Capital Expansion Impact Fee area. Building 2019-4661 PL2460 SPECIAL REVIEW PERMIT (USRI6-0041) - HUNT BROTHERS PROPERTIES, INC. / ASPHALT SPECIALTIES CO., INC. PAGE 6 Permits issued on the lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs. F Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed facility is located on approximately 34.1 acres of Prime (Irrigated) land, per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The property has no irrigation and there are no water rights associated with the property to provide irrigation; the property has only been good for dry -land wheat farming. G Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. NOW, THEREFORE, ='E IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Hunt Brothers Properties, Inc. / Asphalt Specialties Co., Inc., for a Site Specific Development Plan and Use by Special Review Permit, USR16-0041, for Mineral Resource Development Facilities including an Asphalt Batch Plant; Asphalt and Concrete Recycling Operations; any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (heavy equipment maintenance shop, administrative office building, quality control lab, liquid asphalt storage, company fueling station and outdoor truck and equipment parking, staging and storage and raw and processed material storage when screened from public rights -of -way and adjacent properties) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted subject to the following conditions: 1. Prior to recording the USR Map: A. The applicant shall provide the Department of Public Works with an updated application for an Access Permit for the number of access(es) approved by the Board of County Commissioners and place the Access Permit Number, on the USR map. B The applicant shall submit documents associated with meeting the Conditions of Approval; submit payment for recording the plats; and submit the signed Mylar for 2nd Corrected Recorded Exemption No. RECX16- 0183 and 2nd Corrected Recorded Exemption No. RECX16-0184 to the Department of Planning Services for recordation. C. The applicant shall provide a restrictive covenant or similar document demonstrating that Lot B of RECXL26rBc1]-0183 shall be limited to agricultural purposes for the live[Bc2] of the USR permit. 2019-4861 PL2460 SPECIAL REVIEW PERMIT (USRI6-0041) - HUNT BROTHERS PROPERTIES, INC. / ASPHALT SPECIALTIES CO., INC. PAGE 7 la A t. The applicant shall submit a Lighting Plan to the Department of Planning Services, for review and approval. Any lighting poles and lamps shall comply with Section 23-3-360.F. which states, in part, that, "any lighting shall be designed, located, and operated in such a manner as to meet the following standards: sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties." The applicant shall submit an updated Landscaping/Screening Plan which includes berming, vinyl fencing and/or six-foot wood fencing to the Department of Planning Services for review and approval. The access road, equipment parking area and the employee parking area shall be screened from adjacent properties and public rights -of -way to the north, south and east and any residential properties. The applicant shall submit evidence of a crossing agreement for the Bull Canal (FRICO) Lateral 1 Ditch. Evidence shall be submitted, in writing, on FRICO letterhead, to the Weld County Department of Planning Services. An Improvements and Road Maintenance Agreement is required for off -site improvements at this location. Road maintenance, including dust control, damage repair, specified haul routes, and --future traffic triggers, and a proportional share of improvements to the intersection of County Road 6 and County Road 13/Colorado [BC3] for improvements will be included. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. = . The applicant shall submit written evidence of meeting all of the requirements of the Central Weld County Water District and evidence each parcel associated with the facility has an adequate water supply of sufficient quality, quantity and dependability. LI. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR16-0041. 2) The attached Development Standards. 3) The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. 4) The applicant shall delineate on the map the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. 2019-4861 PL2460 SPECIAL REVIEW PERMIT (USR16-0041) - HUNT BROTHERS PROPERTIES, INC. / ASPHALT SPECIALTIES CO., INC. PAGE 8 5) The map shall delineate the landscaping, berming and/or screening. Include, at a minimum, decorative fencing in key areas to reflect the rural agricultural character. 6) The map shall delineate the lighting. 7) All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. 8) County Road 6 is a paved road and is designated on the Weld County Road Classification Plan as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the future and existing right-of-way. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. 9) Show and label the approved access (AP1t19-00199)� and the minimum 60 -foot turning radii on the site plan. 10) Show and label the approved tracking control on the site plan. 11) Show and label the entrance gate set back a minimum of 100 feet from edge of shoulder. 12) Show and label all recorded easements on the map by book and page number or reception number and date on the site plan. 13) Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the plat per the setback requirements of 23-3-50.E of the Weld County Code. 14) The applicant shall show and label the accepted drainage features and drainage flow arrows. Water quality features or stormwater ponds should be labeled as "Water Quality Feature/Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume. 15) Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. 16) Show and label the accepted thirty (30) -foot wide joint access and utility easement extending across Lot A of 2nd Corrected RECX16-0183 and the Bull Canal Lateral 1 Ditch for the benefit of Lot A of 2nd Corrected RECX16-0184. 2019-4861 PL2460 SPECIAL REVIEW PERMIT (USR16-0041) - HUNT BROTHERS PROPERTIES, INC. / ASPHALT SPECIALTIES CO., INC. PAGE 9 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the plat, the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3) month period. 4. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review, as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us. 5. Prior to Construction: A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. B. The approved access and tracking control shall be constructed prior to on -site construction. 6. Prior to Operation: A. Accepted construction drawings and construction of the off -site roadway improvements are required. The applicant shall construct a westbound acceleration lane on County Road 6, westbound left deceleration lane on County Road 6 and an eastbound right deceleration lane on County Road 6 at the facility access, in accordance with the Road Improvements Agreement. C. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility operator, the Fire District and the Weld County Office of Emergency Management. Submit evidence of acceptance to the Department of Planning Services. 2019-4861 PL2460 SPECIAL REVIEW PERMIT (USR16-0041) - HUNT BROTHERS PROPERTIES, INC. / ASPHALT SPECIALTIES CO., INC. PAGE 10 7. Prior to the issuance of the Certificate of Occupancy: A. An on -site wastewater treatment system is required for the proposed facility and shall be installed according to the Weld County On -site Wastewater Treatment System Regulations. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County On -site Wastewater Treatment System Regulations. B. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V Injection Well permit from the Environmental Protection Agency (EPA) for any large -capacity septic system (a septic system with the capacity to serve 20 or more persons per day). Alternately, the applicant can provide evidence from the EPA that they are not subject to the EPA Class V requirements. 8. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of November, A.D., 2019, nunc pro tunc October 2, 2017. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Barbara Kirkmeyer, Chair Weld County Clerk to the Board Mike Freeman, Pro -Tern BY: Deputy Clerk to the Board RECUSED Sean P. Conway APPROVED AS TO FORM: RECUSED Scott K. James County Attorney Steve Moreno Date of signature: 2019-4861 PL2460 SITE SPECIFIC EVELOPMENT PLAN SE BY SPECIJ :L REVIEW PERMIT DEVELOPMENT STANDR THE P ,A PERTIES, INC. 9 ASPHALT SPECIALTIES CON, USRI6-0 41 1 The Site Specific Development Plan and Use by Special Review Permit, USR16-0041, is for Mineral Resource Development Facilities including an Asphalt Batch Plant; Asphalt and Concrete Recycling Operations; any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (heavy equipment maintenance shop, administrative office building, quality control lab, liquid asphalt storage, company fueling station and outdoor truck and equipment parking, staging and storage and raw and processed material storage when screened from public rights -of -way and adjacent properties) provided that the property is not a lot in an approved or recorded subdivision plat or pad of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. 2 Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3 The hours of operation for the office are 8:00 a.m. to 5:00 p.m., Monday through Saturday, as stated by the applicant. 4 The hours of operation for the Quality Control Lab are 6:00 a.m. to 4:00 p.m., Monday through Friday, as stated by the applicant. 5 The hours of operation for the Maintenance Shop are 6:00 a.m. to 11:30 p.m., Monday through Sunday, as necessary, as stated by the applicant. 6 When the asphalt plant is operating at night, it will only occur when material is requested by cities, counties, or COOT, for night paving projects. Operations will be considered "night operations" when they take place between the hours of one hour after sundown do one hour before sunrise. Depending on the request of the jurisdiction purchasing the asphalt, night operations could occur seven days per week. When Asphalt Specialties becomes aware of projects that require night operations, they will email the Weld County Planning Director to let him/her know about the plans to operate outside of daylight hours, who the project is for, how long it will be occurring, and where the materials are being delivered. 7 The number of on -site employees shall be seventy (70). � The parking area on the site shall be maintained. 9 All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. 10. The landscaping/screening on the site shall be maintained, in accordance vvith the jjgproved Landscaoe and Screening Plan. 20194861 PL2460 DEVELOPMENT STANDARDS (USR16-0041) - HUNT BROTHERS PROPERTIES, INC. / ASPHALT SPECIALTIES CO., INC. PAGE 2 11. The property owner or operator shall provide written evidence of an approved Emergency Action and Safety Plan on or before March 15th of any given year signed by representatives for the Fire District and the Weld County Office of Emergency Management to the Department of Planning Services. 12. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 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. 13. 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, Section 30-20-100.5, C.R.S. 14. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article I, of the Weld County Code. 15. Odors detected off -site shall not exceed the level of seven -to -one dilution threshold, as measured pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations. The facility shall be operated in a manner so as not create a public nuisance. 16. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's Air Quality Regulations. 17. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application and obtain a permit from the Colorado Department of Public Health and Environment, Air Pollution Control Division, as applicable. 18. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone, as delineated in Section 14-9-30 of the Weld County Code, as measured at the property line of the adjacent residential lots. In all other locations, the facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial Zone District, as delineated in Section 14-9-30 of the Weld County Code. 19. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable provisions of 40 CFR, Part 112, shall be available on the site. 20. Secondary containment shall be constructed around tanks to provide containment for the largest single tank and sufficient freeboard to contain precipitation. Secondary containment shall be sufficiently impervious to contain any spilled or released material. Secondary containment devices shall be inspected at regular intervals and maintained in good condition. All secondary containment will comply with the provisions of the State Underground and Above Ground Storage Tank Regulations. 2019-4861 PL2460 DEVELOPMENT STANDARDS (USR16-0041) - HUNT BROTHERS PROPERTIES, INC. / ASPHALT SPECIALTIES CO., INC. PAGE 3 21. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. 22. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled off for proper disposal. Records of installation, maintenance, and proper disposal shall be retained. 23. All potentially hazardous chemicals must be handled in a safe manner in accordance with product labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. 24. Any stained or contaminated soils on the facility shall be removed and disposed of in accordance with applicable rules and regulations. Any reportable spills will be reported and documented in accordance with all state and federal regulations and records will be kept onsite for WCDHPE review upon request. 25. In the event the septic systems require a design capacity of 2,000 gallons or more of sewage per day, the applicants shall adhere to the requirements of the Colorado Department of Public Health and Environment, Water Quality Control Division (WQCD) Regulations. 26. For employees that are on -site for less than two (2) consecutive hours a day, or ten (10) or less customers or visitors per day, portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. 27. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. 28. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Onsite Waste Water Treatment Systems. 29. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 30. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 31. The access on the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 32. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. 33. The historical flow patterns and runoff amounts on the site will be maintained. 2019-4861 PL2460 DEVEL•PMENT STAND/AR S (USRI6-0041) - HUNT BR THERS PR -PERTIES, INC. / AS PH j,LT SPECIALTIES CO., I NC. 'AGE 4 34. Weld County is not responsible for the maintenance of on -site drainage related features. 35. Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties. S•urces f light should not cause a nuisance or interfere with the use on the adjacent properties in accordance with the map. Neither the direct, n reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. 36. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the following have been adopted by Weld County: 2012 Internationi Codes, 2006 International Energy Code, and 2014 National Electrical Code. A :wilding Permit Appliction must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A Gootechnical Engineering Report, performed by a Colorado registered engineer, shall be required or an •pen Hole Inspection. 37. l _ he property owner or operator shall be responsible for complying with the Design and Oper tin Standards of Chapter 23 of the Weld County Code. 38. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment 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 Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. 39. The Use by 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. 40. 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. 41. RIGHT T EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most aoundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the pooulous counties of the state. Mineral resource 2019-4861 PL2460 DEVELOPMENT STANDARDS (USR16-0041) - HUNT BROTHERS PROPERTIES, INC. / ASPHALT SPECIALTIES CO., INC. PAGE 5 locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 42. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the Weld County Code, shall be placed on the map and recognized at all times. 2019-4861 PL2460 OPja, � AL CON, CORRECTED RESOLUTION (-C-er`y e c • d --a 5- er-Q-c 'ire l- - °me n S'. aid E � rd s"�� 3 � 6-, �,f d 9 �1..�i..L.„ ` -8 ) �' +,�f6� J 'a.�- f' , e Y �-s G�Jt --9 R.,s.-ir', (Corrected as to the updated property legal Description and Access Permit reflected in Conditions of Approval #1.B, #1.1.0, and #1.1.16) RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW P ERMIT, USR16-0041, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING AN ASPHALT BATCH PLANT; ASPHALT AND CONCRETE RECYCLING OPERATIONS; ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR U SE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (HEAVY EQUIPMENT MAINTENANCE SHOP, ADMINISTRATIVE OFFICE BUILDING, QUALITY CONTROL LAB, LIQUID ASPHALT STORAGE, COMPANY FUELING STATION AND OUTDOOR TRUCK AND EQUIPMENT PARKING, STAGING AND STORAGE AND RAW AND PROCESSED MATERIAL STORAGE WHEN SCREENED FROM PUBLIC RIGHTS -OF -WAY AND ADJACENT PROPERTIES) P ROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED S UBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT BRAMMING FAMILY MIL ,,' -ALICE BRAMMING,-Ti S _ 1 FE, C/O -HUNT BROTHERS PROPERTIES, INC. / ASPHALT SPECIALTIES CO., INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 8th day of March, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of -Bar i-4-g Try t -a- F Nis -Brain-m i-nq, Tru f4o 0-80- c Hunt Brothers Properties, Inc. / Asphalt Specialties Co., Inc., 10100 Dallas Street, Henderson, Colorado 80640, for a Site Specific Development Plan and Use by Special Review Permit, USR16-0041, for Mineral Resource Development Facilities including an Asphalt Batch Plant; Asphalt and Concrete Recycling Operations; any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (heavy equipment maintenance shop, administrative office building, quality control lab, liquid asphalt storage, company fueling station and outdoor truck and equipment parking, staging and storage and raw and processed material storage when screened from public rights -of -way and adjacent properties) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: rt of t o e N E 1 /4 a n d oart rt of the E112 of the NW1/4 1 /4 of Section 25, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado, which will oecome Lot A of 2nd Corrected Recorded Exemption RECX16-0183, and Lot A of 2nd Corrected Recorded Exemption, RECX16-0184, once recorded in accordance with Condition of Approval .B of this Resolution PL2460 SPECIAL REVIEW PERMIT (USRI6-0041) - BR`' IG FAMILY TRUST k - --JO N-Q-- BA A Q _ TRUST -1,14, _ -g,), ARY ALICE B-PAMMINK3, TRUSTEE, C'/ HUNT BROTHERS PROPERTIES, INC. / ASPHALT SPECIALTIES CO., INC. PAGE 2 - DRAFT et A of Recorded _ Ex,m Lot A o a _ sc rdee Fxan a\C 6-01-8x, _ and part of _ the NE1-14-of S #o rn 257 Town s p 1 sue' th, nge 68 W7 s d -p a rt of the -E1/2 N' ,14 a s t -ef West -of -the -6th P.M., We&d-Ct..,2ty, Cob -Ea -do WHEREAS, at said hearing, the applicant was present and the Board deemed it appropriate to continue the matter to March 22, 2017, and then again to April 26, 2017, to allow the applicant adequate time to meet with the Farmers Reservoir and Irrigation Company (FRICO) and schedule a community meeting with the neighbors, and WHEREAS, on April 26, 2017, the Board deemed it appropriate to continue the matter to August 2, 2017, to allow for all five (5) Commissioners to be present, and the opportunity to conduct another neighborhood meeting and address concerns from FRICO, and WHE E.=:S, on August 2, 2017, at said hearing, the applicants were present, and WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of said Use by Special Review Permit, and HEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendation of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved 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 Board of County Commissioners that the applicant has shown compliance with Section 23-2-230.B of the Weld County Code as follows: A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. 1) Section 22-2-20.G (A.Goal 7) states: "County land use regulations should protect the individual property owner's right to request a land use change." And Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of agricultural land to nonurban residential, commercial, and industrial uses should be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the region. "The applicant, Asphalt Specialties Company, Inc. (ASCI) seeks to consolidate a significant portion of its business activities to this location, including relocating the corporate office, quality control (QC) lab and PL2460 SPECIAL REVIEW PERMIT (USR16-0041) - B-RAI' {AN -G FAMIL -A-MINCE- 1=-R T41, -CIO- - RAM-M-[-IN\a-G, TRUST -EL, C! -HUNT BROTHERS PROPERTIES, INC. / ASPHALT SPECIALTIES CO., INC. PAGE 3 -DRAFT company maintenance shop. The corporate office currently exists in Commerce City (Henderson) in Adams County and the QC lab is located in Adams County (Denver). ASCI sees the strategic value of this relocation, with its proximity and fairly direct access to 1-25 and with respect to economic development in the Northern Front Range, 1-25 corridor and Weld County, as being central to a long-range view of company growth and sustainability in Colorado. ASCI is locally owned and has been in business since 1991, with a majority of work (heavy -highway construction and asphalt/concrete paving) being performed in the northern Denver metro area, and with much work being performed on behalf of Weld County. As is evident in recent years, rapid growth and economic well-being has been experienced in the Northern Front Range and northern 1-25 corridor and this is expected to continue into the foreseeable future. ASCI also operates two (2) sand and gravel mining operations in Weld County. The applicant proposes to construct a 12,000 square -foot office building, a 10,625 square -foot vehicle and equipment maintenance building and a 2,500 square -foot Quality Control Laboratory with an employee parking area and a storage/parking area for trucks and construction equipment. The hours of operation are proposed to be between 6:00 a.m. and 11:30 p.m., Monday through Saturday, with occasional extended hours on Sunday for the maintenance shop only. The application materials state that there will be about sixty (60) employees total on -site, not including truck drivers. The Department of Planning Services is requesting a Lighting Plan and an updated Landscaping/Screening Plan. The Screening Plan shall screen the truck parking and the outdoor storage. These two plans, along with the Conditions of Approval and Development Standards for this proposal, will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses. B Section 23-2-230.B.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.A allows mineral resource development facilities, including asphalt and concrete batch plants and asphalt and concrete recycling operations; and, Section 23-3-40.S states: "Any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts, (Heavy Equipment Maintenance Shop; Administrative Office Building; Quality Control Lab; Liquid Asphalt Storage; Company Fueling Station and outdoor truck and equipment parking, staging and storage and raw and processed material storage when screened from public rights -of -way and adjacent properties) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed PL2460 S PECIAL Rt _ VIEW PERMIT (USRI6-0041) - BRAMMING FAMILY TRUST AND JOHN G- BRIO- Ma -N1 = SST HC -10 -MARY ALICE' BRAMMING, TRUSTEE, 0/0 HUNT BR•THERS P ".cPERTIFS, INC. /ASPHALT SPCIA' TIES CIJ., INC. PAGE 4 - RAFT prior to adoption of any regulations controlling subdivisions as a Use by Special Review in the A (Agricultural) Zone District." C Section 23-2-230.B.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The proposed facility is located on two parcels of land created through the Recorded Exemption land use application process. The Bull Caial Late Pal 1 bisects the property in an east -west alignment and there is an overhead electric 345kV Hoyt -Terry Street transmission line (Western Area Power Administn4ion) sited south of the ditch and within a recorded easement of 85 feet in width via eception No. 1075431. The site is located 0.5 miles south of the current City of Dcono corporate limits; 0.5 miles east of the City and County boundary for Broomfield and 1.5 miles north of the Adams County line. The property is not locateo within an Urban Growth Boundary, an Intergovernmental Agreement Area or a C•ordinated Planning Area. There are few residential structures located in the immediate area, with the nearest residence being located approximately 660 feet northeast of the n orth property line. To itlita south is a residence approximately 775 feet with a substantial change of grade between the residence and the proposed facility. /All other residences are located between 1,700 feet and 3,600 feet from the property line associated with the proposed facility. Adjacent land u ses to the northwest include a RV, Boat and mini -storage facility (USRI3-0010); adjacent to the west, is a RV and boat storage facility (USR-1607), a Public Utility Facility for United ower 115 kV substation (USR-1702); adjacent to the southwest is the Varra Company mineral resource development facility including a concrete recycle and concrete batch plant; and, to the south is a RV, boat storage and 150 -dog Kennel (MUSR14-0021). The application indicates that most heavy truck traffic associated with the business will utilize County Road (C ) 6 heading west to access the nterstate 25 corridor. Vendors and employees may access the facility from the west or east on CR 6. Staff has received one letter from a surrounding property owncr that objects to this USR. The letter outlined concerns with industrial noise, heavy truck traffic, dust, chemical smells, and otherwise creating a negative impact in what is today a beautiful property. Staff has also received on telephone call requesting information o n the land use application. The Department of Planning Services is requesting a Lighting Plan and an updated Landscaping/Screening Plan. The Screening Plan shall screen the truck and equipment parking and the o utdoor storage from adjacent properties and public rights -of -way. Th-s it\f\i/o plans, along with the C•ndi ions of Approval and J velopment Standaros for this proposal, will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses. Will meet Residential noise standards, reduction in access increases safety, road improvements •f accel/decel lanes enhance compatibility. PL2460 SPECIAL REVIEW PERMIT (USRI6-0041) - FA -9\ OH G. RAMMING -LIST II, CAD MAPai—/ e110E—BF':AMMIN -G, TRUSTEE, C/C HUNT BROTHE S PROPERTIES, INC. / ASPHALT SPECIALTIES CO., INC. PAGE 5 - DRAFT D Section 23-2-230.B.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 by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is located within the three (3) mile referral area of the City of Dacono, City of Northglenn, Town of Erie and Adams County, and is not located within any existing Intergovernmental Agreement Area (IGA) or Coordinated Planning Agreement Area (CPA) of a municipality. The City of Dacono returned a referral, dated December 29, 2016, stating that the City of Dacono's future growth boundary is adjacent to the proposed asphalt batch plant and that the City has concerns regarding fugitive dust and other particulate matter, and excessive noise and odor negatively impacting nearby residents from the proposed use. The City has concerns regarding the compatibility of this Use based upon the proximity of current residential development. Additionally, CR 8, (Summit Boulevard) allows no trucks or other commercial vehicles with a weight in excess of ten thousand pounds at any time upon any public street in the City. Planning staff has received one letter of opposition from an adjacent property owner with several concerns (see PC Exhibit 1). The Department of Planning Services received other letters of opposition that are saved as PC Exhibits or BOCC Exhibits. The siting of the batch plant facility south of the FRICO Lateral and near the existing Varra concrete batch plant and the existing Tri-State Generation and Transmission, Inc. Substation (USR-1702) sited to the west creates an area that can support this type of development. Further, the office is located near CR 6 and the maintenance shop south of the office yet located north of the FRICO Lateral and adjacent to CR 6. The City of Dacono's Comprehensive Land Use Plan identifies lands north f CR 6, between CR 11 and 13, as slated for Industrial development. Further, the Conditions of Approval will require a site Lighting Plan and a Landscape and Screening Plan to be submitted to the Department of Planning Services for review and approval. Additionally, Development Standards will address nuisance transient lighting, provided that uses on the property should comply with the Colorado Air Quality Commission's Air Quality Regulations, and all waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions; all site activities shall be limited to a measurable noise standard and the property is to be maintained such that a nuisance condition is not allowed to develop. Section 23-2-230.B.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code. This property is not located in a floodplain, however, it is located in the Geological Hazard Overlay District. The Colorado Geologic Survey (CGS) in their referral dated December 19, 2016, indicated that the area east of the proposed PL2460 SPECl/M REVIEW PERMIT (U5R16-0041) — Las TRUST C/O MARY ALIC PROPER BES, INC. / ASPHALT SPECDALTIES CO., IN PAGE 6 - DRAF F� Y TRUST AND JOHN G. =EE, C/O -HUNT BROTHERS office/shop/lab is undermined by the Lincoln Mine at depths of approximately 150-200 feet. All proposed uses are not known to be directly undermined and does not contain a�,ny known mine shafts that could provide a path for groundwater contamination, nor is it exposed to any geologic hazards or geo-technical constraints that would preclude the proposed use(s). CGS finds no conflict between the currently proposed use and any potential subsidence hazard. CGS, therefore, has no objection to the pproval •;f the USR as proposed. The site is within the County -Wide Road Impact Foe Area and the Capital Expansion Impact Fee area. Building Permits issued on the lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs. F Section 23-2-230. $ .6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed facility is located on approximately 34.1 acres of Prime (Irrigated) land, per the 1979 Soil Conservation Service Important Farmlands `•,f Weld County Map. The property has no irrigation and there are no water rights associated with the property to provide irrigation; the property has only been good for dry -land wheat farming. G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Cod), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. NOW, THEREFORE;, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of ,a amn g--F-a -ity _ Trust and John -G. _ B � rust I d/o Mary Alice Brarnm-i-n-g, Trustee, —o Hunt Brothers Properties, Inc. / Asphalt Specialties Co., Inc., for a Site Specific Development PI n and Use by Special Review Permit, USR16-0041, for Mineral Resource Development Facilities including an Asphalt Batch Plant; Asphalt and Concrete Recycling Operations; any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (heavy equipment maintenance shop, administrative office builcing, quality control lab, liquid asphalt storage, company fueling station and outdoor truck and equipment parking, staging and storage and raw and processed material storage when screened from public rights -of -way and adjacent properties) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted subject to the following conditions: 1. Prior to recording the USR Map: A. The applicant shall provide the Department of Public Works with an updated application for an Access Permit for the number of access(es) PL2460 SPECIAL REVIEW PERMIT (USRI6-0041) - BRAV ,i-NG _ TRUST H, Crig KA 4LIGE BR MM -1.N -G, TRUSTEE, C/O HUNT BROTHERS PROPERTIES, INC. / ASPHALT SPECIALTIES CO., INC. PAGE 7 -DRAFT approved by the Board of County Commissioners and place the Access Permit Number, on the USR map. B The applicant shall submit documents associated with meeting the Conditions of Approval; submit payment for recording the plats; and submit the signed Mylar for 2nd Corrected Recorded Exemption No. RECX16- 0183 and 2nd Correcteo Recorded Exemption No. RECX16-0184 to the Department of Planning Services for recordation. C The applicant shall submit a Lighting Plan to the Department of Planning Services, for review and approval. Any lighting poles and lamps shall comply with Section 23-3-360.F. which states, in part, that, "any lighting shall be designed, located, and operated in such a manner as to meet the following standards: sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties." D The applicant shall submit an updated Landscaping/Screening Plan to the Department of Planning Services for review and approval. The equipment parking area and the employee parking area shall be screened from adjacent properties and public rights -of -way to the north, south and east and any residential properties. E The applicant shall submit evidence of a crossing agreement for the Bull Canal (FRICO) Lateral 1 Ditch. Evidence shall be submitted, in writing, on FRICO letterhead, to the Weld County Department of Planning Services. F An Improvements and Road Maintenance Agreement is required for off -site improvements at this location. Road maintenance, including dust control, damage repair, specified haul routes and future traffic triggers for improvements will be included. G A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. H The applicant shall submit written evidence of meeting all of the requirements of the Central Weld County Water District and evidence each parcel associated with the facility has an adequate water supply of sufficient quality, quantity and dependability. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR16-0041. 2) The attached Development Standards. PL2460 SPECIAL REVIEW PERMIT (USR16-0041) - BRAMMING C/O MARY AL -E B -RA MING, TRUSTEE, 0/9 -HUNT BROTHERS PROPERTIES, INC. / ASPHALT SPECIALTIES CO., INC. PAGE 8 - DRAFT 3) The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. 4) The applicant shall delineate on the map the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. 5) The map shall delineate the landscaping, berming and/or screening. Include, at a minimum, decorative fencing in key areas to reflect the rural agricultural character. 6) The map shall delineate the lighting. 7) All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. 8 County Road 6 is a paved road and is designated on the Weld County Road Classification Plan as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the future and existing right-of-way. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. 9) Show and label the approved access (AP#16-005621 9-00 1 99), and the minimum 60 -foot turning radii on the site plan. 10) Show and label the approved tracking control on the site plan. 11) Show and label the entrance gate set back a minimum of 100 feet from edge of shoulder. 12) Show and label all recorded easements on the map by book and page number or reception number and date on the site plan. 13) Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the plat per the setback requirements of 23-3-50.E of the Weld County Code. 14) The applicant shall show and label the accepted drainage features and drainage flow arrows. Water quality features or stormwater ponds should be labeled as "Water Quality Feature/Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume. PL2460 SPECIAL REVIEW PERMIT (USR16-0041) — BRAMMING FAMILY TRUST AND JOHN G S AMMM E!NG TRUST H, Gig —MA R —Y ---AL ICE—BRAM M , TRa EE, CIO HUNT BROTHERS PROPERTIES, INC. / ASPHALT SPECIALTIES CO., INC. PAGE 9 - DRAFT 15) Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. 16) Show and label the accepted thirty (30) -foot wide joint access and utility easement extending across Lot A of 2nd Corrected RECX16-0183 and the Bull Canal Lateral 1 Ditch for the benefit of Lot A of 2nd Corrected RECX16-0184. 2 Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the plat, the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 3 In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3) month period. 4 The Department of Planning Services respectfully requests a digital copy of this Use by Special Review, as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us. 5. Prior to Construction: A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. B The approved access and tracking control shall be constructed prior to on -site construction. 6 Prior to Operation: A. Accepted construction drawings and construction of the off -site roadway improvements are required. PL2460 SPECIAL REVIEW PERMIT (USR16-0041) - BI -MlN I II Y TRH ISM NI I III -C --RAMMING TRUST H, _ ri-O MARY IM=I CBRAM-M-ING, TRUSTEE, C/O HUNT BROTHERS PROPERTIES, INC. / ASPHALT SPECIALTIES CO., INC. PAGE 10 - DRAFT B The applicant shall construct a westbound acceleration lane on County Road 6, westbound left deceleration lane on County Road 6 and an eastbound right deceleration lane on County Road 6 at the facility access, in accordance with the Road Improvements Agreement. C The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility operator, the Fire District and the Weld County Office of Emergency Management. Submit evidence of acceptance to the Department of Planning Services. 7 Prior to the issuance of the Certificate of Occupancy: A. An on -site wastewater treatment system is required for the proposed facility and shall be installed according to the Weld County On -site Wastewater Treatment System Regulations. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County On -site Wastewater Treatment System Regulations. B The applicant shall submit evidence of an Underground Injection Control (UIC) Class V Injection Well permit from the Environmental Protection Agency (EPA) for any large -capacity septic system (a septic system with the capacity to serve 20 or more persons per day). Alternately, the applicant can provide evidence from the EPA that they are not subject to the EPA Class V requirements. 8 The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. PL2460 SPECIAL REVIEW PERMIT (USR16-0041) - BRAMMING FAMILY TRUST AND JOIN--G- •BRoM-logaIN G- usT -li1, _ CIO —MARY ALICE - B -RAM -Mt G, TRUSTEE, Cie HUNT BROTHERS PROPERTIES, INC. / ASPHALT SPECIALTIES CO., INC. PAGE 11 - DRAFT The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2n -d -30th day of October 2, 2017. ATTEST: Weld County Clerk to the Board BY: )ctober, A.D., 2°172019, nunc pro tunc BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Barbara Kirkmeyer, Chair Steve -Me -n -o .like Freeman, Pro -Tent Deputy Clerk to the Board EXC-URECUSED Sean P. Conway APPROVED AS TO FORM: County Attorney Date of signature: M-i-ke-FreernanScott K. James Ba ar-a -rlc Steve Moreno PL2460 DRAFT SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS B R d �- BPaa-N-G-FT-R-USTEE, -CIO HUNT BROTHERS PROPERTIES, INC. / ASPHALT SPECIALTIES CO., INC. USR16-0041 1 The Site Specific Development Plan and Use by Special Review Permit, USR16-0041, is for Mineral Resource Development Facilities including an Asphalt Batch Plant; Asphalt and Concrete Recycling Operations; any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (heavy equipment maintenance shop, administrative office building, quality control lab, liquid asphalt storage, company fueling station and outdoor truck and equipment parking, staging and storage and raw and processed material storage when screened from public rights -of -way and adjacent properties) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. 2 Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. The hours of operation for the office are 8:00 a.m. to 5:00 p.m., Monday through Saturday, as stated by the applicant. 4. The hours of operation for the Quality Control Lab are 6:00 a.m. to 4:00 p.m., Monday through Friday, as stated by the applicant. 5 The hours of operation for the Maintenance Shop are 6:00 a.m. to 11:30 p.m., Monday through Sunday, as necessary, as stated by the applicant. 6. When the asphalt plant is operating at night, it will only occur when material is requested by cities, counties, or CDOT, for night paving projects. Operations will be considered "night operations" when they take place between the hours of one hour after sundown do one hour before sunrise. Depending on the request of the jurisdiction purchasing the asphalt, night operations could occur seven days per week. When Asphalt Specialties becomes aware of projects that require night operations, they will email the Weld County Planning Director to let him/her know about the plans to operate outside of daylight hours, who the project is for, how long it will be occurring, and where the materials are being delivered. The number of on -site employees shall be seventy (70). The parking area on the site shall be maintained. 9 All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. 10. The landscaping/screening on the site shall be maintained. PL2460 DEVELOPMENT STANDARDS (USR16-0041) --RAM-MIN F- RUST -AND JOHN G. -u AMMincz _ T R T 11, C/E B RAM M -I N G , TRUSTEE, 01OHUNTBROTHERS PROPERTIES, INC. / ASPHALT SPECIALTIES CO., INC. PAGE 2 - DRAFT 11. The property owner or operator shall provide written evidence of an approved Emergency Action and Safety Plan on or before March 15th of any given year signed by representatives for the Fire District and the Weld County Office of Emergency Management to the Department of Planning Services. 12. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, G.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 13. 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, Section 30-20-100.5, C.R.S. 14. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article I, of the Weld County Code. 15. Odors detected off -site shall not exceed the level of seven -to -one dilution threshold, as measured pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations. The facility shall be operated in a manner so as not create a public nuisance. 16. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's Air Quality Regulations. 17. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application and obtain a permit from the Colorado Department of Public Health and Environment, Air Pollution Control Division, as applicable. 18. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone, as delineated in Section 14-9-30 of the Weld County Code, as measured at the property line of the adjacent residential lots. In all other locations, the facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial Zone District, as delineated in Section 14-9-30 of the Weld County Code. 19. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable provisions of 40 CFR, Part 112, shall be available on the site. 20. Secondary containment shall be constructed around tanks to provide containment for the largest single tank and sufficient freeboard to contain precipitation. Secondary containment shall be sufficiently impervious to contain any spilled or released material. Secondary containment devices shall be inspected at regular intervals and maintained in good condition. All secondary containment will comply with the provisions of the State Underground and Above Ground Storage Tank Regulations. PL2460 DEVELOPMENT STANDARDS (USR16-0041) - SQ n n�� G � , nii �' TRUST I RUST AND JOHN G. BIAAMMI-NG TRU P9; G AR- -L-4- BRAMM-ING, TRUSTEE, CIO HUNT BROTHERS PROPERTIES, INC. / ASPHALT SPECIALTIES CO., INC. PAGE 3 - DRAFT 21. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. 22. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled off for proper disposal. Records of installation, maintenance, and proper disposal shall be retained. 23. All potentially hazardous chemicals must be handled in a safe manner in accordance with product labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. 24. Any stained or contaminated soils on the facility shall be removed and disposed of in accordance with applicable rules and regulations. Any reportable spills will be reported and documented in accordance with all state and federal regulations and records will be kept onsite for WCDHPE review upon request. 25. In the event the septic systems require a design capacity of 2,000 gallons or more of sewage per day, the applicants shall adhere to the requirements of the Colorado Department of Public Health and Environment, Water Quality Control Division (WQCD) Regulations. 26. For employees that are on -site for less than two (2) consecutive hours a day, or ten (10) or less customers or visitors per day, portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. 27. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. 28. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Onsite Waste Water Treatment Systems. 29. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 30. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 31. The access on the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 32. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. 33. The historical flow patterns and runoff amounts on the site will be maintained. PL2460 DEVELOPMENT STANDARDS (USR16-0041) MILY TRUST AND JOHN G. BRAM IN TCU-ST ni, _ Cie MARX _ AL.1-- E BRM MING, TRUSTEE, C/4) -HUNT BROTHERS PROPERTIES, INC. / ASPHALT SPECIALTIES CO., INC. PAGE 4 - DRAFT 34. Weld County is not responsible for the maintenance of on -site drainage related features. 35. Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties. Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in accordance with the map. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the following have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, and 2014 National Electrical Code. A Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A Geotechnical Engineering Report, performed by a Colorado registered engineer, shall be required or an Open Hole Inspection. 37. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 38. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment 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 Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. 39. The Use by 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. 40. 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. 41. RIGHT T EXTRACT MINERAL RI _ SOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and PL2460 DEVELOPMENT STANDARDS (USRI6-0041) - BRAMM NG FAM _Y p -S BRAT -MI#G TRUST I-4; t /O MARY ALICE--BRAMM-ING, TRUSTEE, C/O -HUNT BROTHERS PROPERTIES, INC. / ASPHALT SPECIALTIES CO., INC. PAGE 5 - DRAFT quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 42. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the Weld County Code, shall be placed on the map and recognized at all times. PL2460 NOTICE Pursuant to the laws of the State of Colorado, and the Weld County Code, a public meeting will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado, during its regular Board meeting. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. E-mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your e-mail correspondence into the case file, please send a copy to egesick@weldgov.com. DOCKET #: 2019-145 HEARING DATE: November 25, 2019 HEARING TIME: 9:00 a.m. APPLICANT: Hunt Brothers Properties, Inc. c/o Asphalt Specialties Co. Inc. 10100 Dallas Street Henderson, Colorado 80640 ITEMS TO BE CONSIDERED: The Board of County Commissioners will consider modification of the legal description, point of access, and access permit number for Use by Special Review Permit, USR16-0041 - Hunt Brothers Properties, Inc., c/o Asphalt Specialties Co. Inc. The modifications are necessary because the access location originally described to the Board during the public hearing, which occurred on August 2, 2017, cannot accommodate the auxiliary/turn lanes that the Applicant is required to construct on County Road 6. LEGAL DESCRIPTION MODIFICATION: Approved on August 2, 2017: Lot A of Recorded Exemption, RECX16-0183, and Lot A of Recorded Exemption, RECX16-0184; being part of the NE1/4 of Section 25, Township 1 North, Range 68 West, and part of the E1/2 NW1/4 east of railroad and south of Bull Canal Exc. UPRR RES West of the 6th P.M., Weld County, Colorado. To be modified to: Part of the NE1/4 and part of the E1/2 of the NW1/4 of Section 25, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado, being more particularly described as Lot A of 2nd Corrected Recorded Exemption, RECX16-0183, and Lot A of 2nd Corrected Recorded Exemption, RECX16-0184. POINT OF ACCESS AND ACCESS PERMIT NUMBER MODIFICATIONS: The approved access will be modified from the access point associated with Access Permit No. AP16-00562 to the access point associated with Access Permit No. AP19-00199. Both access permits and their associated access points may be viewed by going to: https://www.co.weld.co.us/maps/propertyportal/ The Board may also consider any other changes related to the relocation of the access point from that which was originally described to the Board. LEGAL DESCRIPTION: Part of the NE1/4 and part of the E1/2 of the NW1/4 of Section 25, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado, which will become Lot A of 2nd Corrected Recorded Exemption, RECX16-0183, and Lot A of 2nd Corrected Recorded Exemption, RECX16-0184, once recorded in accordance with the Resolution. LOCATION: The location of USR16-0041 is south of and adjacent to County Road 6, approximately 1,250 feet west of County Road 13 (Colorado Blvd.). DATED: November 8, 2019 PUBLISHED: November 13, 2019 Affidavit of Publication NOTICE Pursuant to the laws of the State of Colorado,, and the Weld County Code, a public meeting will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado; Weld County Administration Building, 11500 Street, Assembly Room, Greeley, Colorado, during its regular Board meeting. The complete case file may be examined in the -office of the Clerk to the Board of County Commissioners, Weld County Ad- ministration Building, 1150 0 Street, Greeley; Colorado 80631. B.,: -mail messages sent to an individual Commissioner may not be included in the case file, To ensure inclusion of your e-mail • correspondence into the case file, please send a copy to eg • esick@wefdgovcom. , DOCKET#: 2019-145 HEARING DATE:. November 25;2019 HEARING TIME: 9:00. a.m. APPLICANT: • Hunt Brothers Properties; Inc. c/o Asphalt' Specialties Co. Inc. 10100 Dallas.Street Henderson, Colorado 80640 ITEMS TO BE CONSIDERED: The Board of County Commis- sioners will consider modification of the legal description, point of access, and access permit number for Use by Special Review Permit, USR16-0041.- Hunt Brothers Properties, Inc., do As- phalt Specialties Co. Inc. The modifications are necessary be- cause the access location originally described to the Board dur- ing the publichearing;which occurred on August 2, 2017, cannot accommodate the auxiliary/turn lanes'that the Applicant is re- quired to construct on County Road 6. LEGAL DESCRIPTION MODIFICATION Approved on August 2, 2017: Lot A of Recorded Exemption, RECX16-0183, and Lot A of Recorded Exemption, RECX16- 0184; being part of the NE1/4 of Section 25, Township 1 North, - Range 68 West, and part of the E1/2 NW1/4 east of railroad and south of Bull Canal Exc. UPRR RES West of the 6th P.M., Weld County, Colorado. To be modified to: Part of the NE1/4 and part of the E1!2 of the NW.1/4 of Section 25, Township i North, Range 68 West of the 6th P.M., Weld County, Colorado,being more particularly described as Lot A of 2nd Corrected Recorded Exemption, RECX16-0183, and Lot A of 2nd Corrected Recorded -Exemp- tion, RECXX16-0184. POINT OF ACCESS AND ACCESS PERMIT NUMBER MODI- FICATIONS: The approved access will be modified from the access point as- sociated.with Access Permit No. AP16-00562 to the access point associated, with Access Permit No: AP19-00199. Both access permits and their associated access points may be viewed by going to: . . https://www.co.weld.co.us/Maps/propertvportiV- The Board may also consider any other changes related to the relocation of the access: point from that which was originally de- scribed to the Board. • . LEGAL DESCRIPTION: Part of the NE1/4 and part of the E1/2 of the NW1/4 of Section 25, Township 1 North, Range 68 West of the 6th P.M, Weld County, Colorado, which will become Lot A of 2nd Corrected Recorded Exemption, RECX16-0183, and Lot of 2nd Qorrected Recorded Exemption, RECX16-0184, • once recorded in accordance with the Resolution. LOCATION! The location of USR16-0041 is south of and adja 'gent to County Road 6, approximately 1,250 feet west of County Road 13 (Colorado Blvd.). DATED: November 8, 2019 The Tribune November 13, 2019 STATE OF COLORADO County of Weld, I Vickie Garretts SS. of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a three days weekly plus Sunday newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was Thirteenth day of November A.D. 2019 and the last publication thereof: in the issue of said newspaper bearing the date of the Thirteenth day of November A.D. 2019 that said The Greeley Tribune has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. November 13, 2019 Total Charges: $25.57 13th day of November 2019 My Commission Expires 02/19/2023 JERILYN L MARTINEZ NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20074006708 MY COMMISSION EXPIRES FEBRUARY 19, 2023 i WELD COUNTY ATTORNEY'S OFFICE PHONE: (970) 336-7235 FAX: (970) 352-0242 1150 'O' STREET GREELEY, COLORADO 80632 November 12, 2019 Name Street Address City, State Zip Re: Asphalt Specialties USR16-0041 Public Hearing on November 25, 2019 To Whom It May Concern, You are receiving this notice (enclosed) because you own property in the vicinity of the Asphalt Specialties project site on the south side of County Road (CR) 6 between CRs 11 and 13 (Colorado Blvd). In August of 2017, the Board of County Commissioners approved a Use by Special Review (USR) permit for an asphalt and concrete batch plant at the project site. The USR permit required the applicant to complete certain conditions, including the design and construction of multiple turn lanes on CR 6. Due to the legal constraints that became known after the Board's approval of the USR permit, in order to accommodate the required turn lanes, the project's access location needed to be moved further east than what was proposed to the Board in August of 2017. On November 25, 2019, the Board of County Commissioners will consider changes to the original USR permit to relocate the access point (to its location as currently constructed), and to relocate the USR lot lines. The Board is not reconsidering approval or denial of the USR, but rather is only considering these changes. You are invited to provide public comment during the Board's hearing on Monday, November 25, 2019 at 9:00 a.m. at the Board's hearing room, 1150 'O' Street, Greeley, Colorado, 80631. Respectfully, Bob Choate Assistant Weld County Attorney bchoate@weldgov.com Enclosure(s) CERTIFICATE OF MAILING Surrounding Property Owners Recreational Storage Solutions LLC 13738 Star Creek Drive, Broomfield, CO 80023 Recreational LLC Storage Solutions 2 5479 County Road 6, Erie, CO 80516 Vue Assis 5879 County Road 6, Erie, CO 80516 Hunt Brothers Properties Inc. 10100 Dallas Street, Henderson, CO 80640 Regional Transportation District 1600 Blake Street, Denver, CO 80202 6045 County Road 6, Brighton, CO 80603 E. Marie Gutierrez Tri State Assoc. Generation Transmission 5056 County Road 6, Erie, CO 80516 Varra Companies Inc. 8120 Gage Street, Frederick, CO 80516 Duane and Bernice Kirkmeyer 583 S. 22"d Avenue, Brighton, CO 80601 I hereby certify, in accordance with the notification requirements of Weld County, I have placed a true and correct copy of the hearing notice re: USR16-0041 - Hunt Brothers Properties, Inc., c/o Asphalt Specialties Co. Inc., in the United States Mail, postage prepaid First -Class Mail to the surrounding property owners as addressed on the list above. Dated the 14th day of November, 2019. Bob Choate Assistant County Attorney WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 11/14/2019 2:18:32 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 146725100053 egie:7,,,, ,x4,, h Signature /1-11/-2,00 Date Account Parcel Owner Mailing Address R6783936 146724300005 RECREATIONAL LLC STORAGE SOLUTIONS 2 13738 BROOMFIELD, STAR CREEK CO 800236575 DR R6783937 146724300006 RECREATIONAL LLC STORAGE SOLUTIONS 2 5479 ERIE, COUNTY CO 80516 ROAD 6 R8946876 146724400015 VUE ASSIS 5817 ERIE, COUNTY CO 805168200 ROAD 6 R8946877 146724400016 VUE ASSIS 5817 ERIE, COUNTY CO 805168200 ROAD 6 R6777334 146724400085 VUE ASSIS 5817 ERIE, COUNTY CO 805168200 ROAD 6 R5805686 146725000027 RECREATIONAL LLC STORAGE SOLUTIONS 13738 BROOMFIELD, STAR CREEK CO 800236575 DR R8956946 146725100051 HUNT BROTHERS PROPERTIES INC 10100 HENDERSON, DALLAS ST CO 806408491 R8956947 146725100052 HUNT BROTHERS PROPERTIES INC 10100 HENDERSON, DALLAS ST CO 806408491 R8956949 146725100053 HUNT BROTHERS PROPERTIES INC 10100 HENDERSON, DALLAS ST CO 806408491 Parcels: 11 Owner Records: 11 Page 1 of 3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 11/14/2019 2 18 32 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http //www co weld co us, and has not been modified from the original The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date Signature Date Property Owners Within 500 Feet of Parcel # 146725100053 Account Parcel Owner Mailing Address R8956950 146725100054 HUNT BROTHERS PROPERTIES INC 10100 DALLAS ST HENDERSON, CO 806408491 R6778257 146725400061 REGIONAL TRANSPORTATION DISTRICT 1600 BLAKE ST DENVER, CO 802021324 Parcels 11 Owner Records 11 Page 2 of 3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 11/14/2019 2:18:32 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature Date Property Owners Within 500 Feet of Parcel # 146725100053 YAM 0 r-4 • 4F,,,n..-4'- r1 -➢.:� elk//i_ n. vF� 1�"t ..y" a s - Parcels: 11 Owner Records: 11 Page 3 of 3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 11/14/2019 2:20:21 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. /144/ -2o/9 Property Owners Within 500 Feet of Parcel # 146725100052 Signature Date Account Parcel Owner Mailing Address R5805686 146725000027 RECREATIONAL LLC STORAGE SOLUTIONS 13738 BROOMFIELD, STAR CREEK CO 800236575 DR R5806886 146725000052 KIRKMEYER BERNICE K R5806886 146725000052 KIRKMEYER C DUANE 583 BRIGHTON, S 22ND AVE CO 806012682 R5806986 146725000053 COORS ENERGY CO 1900 C/O ROWLETT, KE DALROCK ANDREWS TX 750885526 RD & CO R0894701 146725000059 VARRA COMPANIES INC 8120 FREDERICK, GAGE ST CO 805169439 R8956946 146725100051 HUNT BROTHERS PROPERTIES INC 10100 HENDERSON, DALLAS ST CO 806408491 R8956947 146725100052 HUNT BROTHERS PROPERTIES INC 10100 HENDERSON, DALLAS ST CO 806408491 R8956949 146725100053 HUNT BROTHERS PROPERTIES INC 10100 HENDERSON, DALLAS ST CO 806408491 R8956950 146725100054 HUNT BROTHERS PROPERTIES INC 10100 HENDERSON, DALLAS ST CO 806408491 Parcels: 11 Owner Records: 12 Page 1 of 3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 11/14/2019 2 20 21 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http //www co weld co us, and has not been modified from the original The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date Signature Date Property Owners Within 500 Feet of Parcel # 146725100052 Account Parcel Owner Mailing Address R6778320 146725200063 TRI STATE GENERATION TRANSMISSION ASSOC 5056 COUNTY ROAD 6 ERIE, CO 805168210 R6778321 146725200064 TRI STATE GENERATION TRANSMISSION ASSOC 5056 COUNTY ROAD 6 ERIE, CO 805168210 R6778257 146725400061 REGIONAL TRANSPORTATION DISTRICT 1600 BLAKE ST DENVER, CO 802021324 Parcels 11 Owner Records 12 Page 2 of 3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 11/14/2019 2:20:22 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 146725100052 Parcels: 11 Owner Records: 12 Signature Date Page 3 of 3 Docket # 2019-145 Hearing Date: November 25, 2019 Applicant: Hunt Brothers Properties, Inc. c/o Asphalt Specialties Company, Inc. 10100 Dallas Street Henderson, Colorado 80640 EXHIBIT G o?o /4-z(8‘ i Items to be Considered Modification to Legal Description Point of Access Access Permit Number for USR16-0041 Modification to Legal Description Lot A of Recorded Exemption, RECX16 -0183, and Lot A of Recorded Exemption, RECX16-0184; being part of the NE1/4 of Section 25, Township 1 North, Range 68 West, and part of the E1/2 NW1/4 east of railroad and south of Bull Canal Exe. UPRR RES West of the 6th P.M., Weld County, Colorado. Part of the NE1/4 and part of the E1/2 of the NW1/4 of Section 25, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado , being more particularly described as Lot A of 2nd Corrected Recorded Exemption, RECX16-0183, and Lot A of 2nd Corrected Recorded Exemption, RECX16-0184. Point of Access and Access Permit Number Modifications: The approved access will be modified from the access point associated with Access Permit No. AP16-OO562 to the access point associated with Access Permit No. AP19-OO199 COtrir Ru 1; A A Y B M VICINITY MAP- 1" — 1500' ik\ Skit\ Aar (A)t NN 1 /4, ML 213 T 1 h. R68 MAO 3/4' REMIT MN 2 M UMNUR CAP. P.S 25937 N MORAID41 90x. 2ND CORRECTED RECORDED EXEMPTION NO. 1467-25-1 RECX16-0183 UNE RADIUS MC DELTA CHORD LIMING CHORD CI 171.231 55.77' IS'$34 N3•J14'40"E 55.5x' C2 610.56' 238.16' 2226 43 NIT41'3l'E 237.05' C3 621 42' 214 34' 1 4.57'0 N06roo'21'W 213 73' C4 570.42' 114 47' 1 1.29'01 N0743`5611F 114.27' CS 79 91' 63 95' 4551'26' N20S6'42'E 0216' 03 200.33' 97 77' 21.31'07' 501.16'31' 9710' C7 762 30' 54.37' 06',0'44' SEIS54'55t 84 33' C6 668.83' 22454' 1646.56' 571'31'444 225.52' c9 2oec ass' 1014.30' 331.49bft 65.32' CIO 257.3f 14796' 3750'43' 53'47'49'1 145.93' CI' ' 335.91' 15874' 2704'36' S2t21'02`E 157.27 C' 2 64 99' 34.16' 37013'00' 117411121`E 33.79' C13 363.54' 171 16' 26'4943' N5425'36` 104 OD' C14 63 00' 102.12' 6700 41' 1/44'40'061 91.93' CIS 105.00' 164.93• 69S9'3S N44'40'341 144.4' lot, ., cis 73.00' t17ei' 8r00.00' h4s 71 Cl? MOD' 117 f 1 ` 870O0' 54719 231 106.01 Ole 69.00' 102 IC' 0Y39 55' 54440'341 91.92' C19 60.00` 133 52' 9700'00' N44'40'37t 120.21' C20 - 105. CO' 164 06' 9f00'43' W41' 40'09'E (48.49' AP 16-00562 App/oven 4.6-2017 Existing Access to be ^_IA�S13Q and reclaimed MOILINENT PEWS W 1711 26 t *4r N FOUND U3_/44 _ 4 • PLS 23.500 M MONUMENT BOX 00 FAT ACCEPT. Af�9-6019 Approved 6-11-.{L . Located 4A- 1310 -feet writ of CR 13 Cowwaao R1v Part of the Township 1 North, County of EWE TIFARITIC O15TAnaE LI NOr p 1R '34.14' t2 NOI'26'101 •22.36' L,T $) ' j641' • 23 96' (4 459.53'09 325 70' L5 580'36'1 a 7435' L8 S0056'13'E 454 01' L7 562'07'151 '35.86' Le 54"53'2,t 619.27' L9 N68'S5'21'E 296.00' l 10 15744'641 41 16' Li N4710'56t •5203' ll2 NOT 5.00' 7.13 M5t30'47 109.22' Lt4 MSt40137 55070' LIS S L16 1107 19.23 337.79' N'03t4111 meal t 1) ' 56020' 1St 465.275 118 NO919'47t 40.00' L19 N0720.13' W 66526' 120 NW40.37'F 497 55' 121_ N0014'23111 '47 79' 122 54x0'37 W '90.00' 123 500.9 253 147.79' 124 , 599'40'3758 47.06' COUNTY ROAD NO. 6 (MD' Ig4T-OF-DRY / ARE T. lop. It( es. PG '07 WC. NO 05056) Witso'3719 7tI OJ North 1/2 of Section 25, Range 68 West of the 6th P.M., Weld, State of Colorado. Sheet 1 of ME C COR N 55 /4 SETT -2&- CAP. P'S 24,10 ' IN MONM& BOX. 4400..000 6C' RICER -OF -MY rOR TIC EAST BRANCH OF THE W.A. CANAL (RUC NO 206153) r r I PR•ELINE FA5EIlpf- I I (NEC NO 2236673, I I —41 I- 5O' P6'EUNE EASEAI041 I I DEC. NO. ' 666.306)) I I -R I- •••• ) \ III \ \\I I I I I \ \ an r AC: 4306639) ROT A CROSS: 2267 Act/ NET: 21.4C Ac.+/ -j 11. LASTING ACCESS "OK CL.OSEa NO REC TIMED 10' NON-IDICUJSlVt (WOAD WATER UIILRY LINE EASEMENT -24 1 low _ I 40 SHARED ACCESS t UT wh -01 EASQ(FLT ACROSS LOTS A • e 1aQt16-0163 MCJ LOTS A • e WOK- 16-0144, FOR '1E BENEiT' Of LOTS A 1 9 OF ICL1t6-0103 NO LAS A It 8 Of Rp116-0164 rYiN_.14 SITE (PEC NO 2329006) 0 t .4 LOT 8 IiCCXX116 01154 9 .4 LIe SEPARATOR °wIe.c,YP) / I p L14 Pq(u'otrm, -4' APPROVED ACCESS ✓A\ stx NOTE NO 4 J :Cre Ct 40' POT -OF -WAY FOR HE Ma CANAL IATERA NO. (REC. NO 206153) 75 IRANSAAI SSSJON LINE E -SW GHT-OF-W ( 85' TRANSMISSION 1,,E RIGHT -Of -WAY (RTC MC. 38.38489) _OT A RECX16-0184 7 — 1248.04' 56435.131V 2635.31 0O./NT! ROAt�NO �6 REC. No GI F) moss 58.73 Ac *j-1 NET: 55 70 Ac.41 CID Cl' S 1/2, S 1/2, NE 1/4- 33.251 2635.49' N I/ 4 5;? R R-3070.00' —a 4-67 45' )to-0r40'Or 1401-1 W561, d1-97.45' ExCEPTID PARCEL AODi1ON.. ROW Top cower ROAD NO 13 (RFC No 3229333) 40' A00ITKBNL FUTURE NC FOR COUNTY ROAD NO. 13 t b t 1 N-2930.00' M+43..y�01''oreo-trigrw_ earls ONLY ACIXSS THIS ✓ARGIL_ MC' REVIEWED TIQQIGH THE NL.UUIIDED E ELM' 04 AIYUCAI UN PROCESS IS A SEPA4AIL PARCEL THAI IS OWNED BY M.NT BROTHERS PROPERTIES. MC 4410 MAT 6C CONVE" ED TO OTTERS OR UTILIZED BY THE PROPERTY OWNER AFTER O9TMNNC THE APPROPRIATE PERMITS AS AP'°UGBLE r Lii 1 \S I i I 4 CDR. NE I 4 SE.C. 25. T I N, R 66 0 3/4' RREAMRATH 3 1/4 A-L:MM1A(�- CAP. F•7.$ 36Q53. 1 PROPERTY DESCRIPTION: ALL OF THAI ✓NttL a LAM) setscrew R4 GEED REGORGED fEaRJAXY 24. 1011 AS RECEPTION NO 4260005, LYING EAST OF THE RIGHT-OF-WAY OF THE BAS' BRANCH Cr THE Bul CANAL AND ROHM Of IH! NNAII-a-WAY a IRE BUD_ CANA WOW NO 1 AS DtS'CWED N GEED RECORDED Y. 1914 RECURFON N0. 200153 W THE RECORDS OF THE CLERK ARO RECORDER FOR inteOWNER'S CERTIFICATE-. EEIIEBf SLIeO ) IN TEE CF THE ARCM( DESERSED PROPERTY DO OE SAC SHOWN ON NEBONG NE SCLE SATTACHED MAP ME UWERSTANO This PROPERTY IS LOCATED N DC AGIiCUTURAL ZOIC DSTRCT NC IS ALSO MENDED TO PRONCC WAS FOR T c CONDUCT OF OTHER USES B• RIGHT. ACCESSORY USES, AND USES 6w SPECAL REVIEW HUNT BROTHEERS PROPERTIES. PC., A COLORADO C WCRAT10N IMO. W. •4JN1 PRESDD1f Ti[ FORFOOnQ Ctwt,tUATDON WAS ACA40WLEDGED BEFORE M BY. CANC. W $1A4T PREMIER MIS DAY Of An M COO NEY cc STATE Of MY cOYMIS5 O4 FIDWRES NOTARY PUNIC SS 61T•ESS W HMD AND SDI. EASEMENT CERTIFICATE: WC. TI LPOIRStt.14L). 0O MALEY DEIXCATI, for Tlt fACNL'' W III eaRtariRIY Ilea CO DESCRIBED HEREON. EASEMENTS FOR THE PURPOSES 5)406W OR DESCRIBED HEREON HUNT BROTHERS PROPENTES. NC. A COtCRA30 CORPORATION. tigilitEirliiiRit -cif PLANNING DE. 'JAR I MEN' A - )P -OVAL: Des PLAT 6 ACCEPTED ANO AWROVEC FOR FL. NG DfPAVTIE YI or WUNNNC SERMCE3 atitrcei THE HowtcoWG ci rep CAT 'ON WAS ACOKIMEDQD BE=CRE ME IHtS WT 04 COUNTY OF STATE OF ... SS WY COMMISSION EXPIRES NOTARY Pt BIK WITNESS MY HAND AND SEAL SURVEYOR'S CERTIFICATE: I. CURTIS 0. HOOS. A RC.OSTERED PROFESSIONAL LAC SUFATIOR N THE STATE OF Ca.RAD0 DD Haat CERTIFY THAT THE SURVEY REPRESENTED Sc 'DOS 11,AT roe ma UNDE R WY DIRECT SL'POMSCN. ASO THAT THIS PLAT 5 AM ACCURATE REPRESEMTARal TI Ea INROAD! CERTIFY THAT TIC SAW MD THINS PEAT COMPES WITH ALL APPJCASX RAILS RCGUTATCNS AID LABS OF TIC STATE OF PR iSSCINA�LALITE WO SE , AAD WE -D COUNTY 7141 SLIMY 006. NOTO CONSTITUTE rt.( A t. SIMON Sr IC TO DETE MNE (7WNERSHP. CURDS D. MOOS, PLS 37971 FOR AND ON BOWS Or AMERCAN WEST LARD A COLORADO CORPORATION CO NOTES• I)) BASIS OF BONING: TIC EAST UNE OF TEE NORTHEAST 1/4 Or SECTOR 25 6MSHP I NORTH. RANGE 64 WEST 0I THE EH P M.. N WELD COUNTY. COLORADO Is ASSTiURED TO BEM SOUTH 6725'23 EAST AS MOMJMEYTFD HEREON. WITH All IEMINCS SHOWN HEREON REAM MFRFTC 2) ANY PERSON WHO NMOMNaY RE7MOVC5 ALTERS CR DEFACES ANIY Pin LINO IICANidEKI 04 PLASTATE -4 LAND OOOLJ ARY MONUMENT ORACCESSORY, COMMIS A CLASS TWO 2) 446 3) CERT* CATION CEINET Hit Usi a nit ro1RJ 'CINIIFt OR tu1II1CANAC BY A REGISTERED PRaESSONAL SI.RVECIR, N DC PRACTICE OF LAND RJRVfYING. CONSTRUTES AN IIWRESSON Of PROFESSIOFIAL oneos REGARDING THOSE FACTS of FINDINGS *NCH ARE SUBJECT Of Ft CERTIFICATION, FWD DOES NOT CONSTITUTE A RA6iN'TY OR GWRMJTIL EITHER EXPRESS OR MPUED. 4) ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTIONS EASED UPON A DEFECT IN NIS SURVEY WITHIN THREE YEARS AFTER YOU FRET DISCOVER SUCH DEFECT IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT N THIS SURVEY BE COMMENCED MORE TWA TEN YEARS FROM THE DATE OF THE CEWTIFCATON SHORN HEREON. SPECIFIC IHOIT-OF-AY DOCUMENTS <JTS S>� WORKS. ARE RECITED AT THE REOUEST 5f I WELD 6) 'HE LOCAL ORS a EAS EMENTS AM)/0111T M0 -Of -WAYS SHOWN MLNIOI. Mt EASED UPON RESEARCH CONDUCTED BY AMMAN WEST •RIO SURVEYING CO. 7) AL. DCTAACE3 SCAM LEMON ARE REPORTLW IN J.S. SURVEY ruT. 0 'HIE ADHIOSTWJM1ELY APPROVED 2t.0 CORRECTED RECX K TO ADDRESS AN ALGI.MEHT I - FOR 1•E PRBMRY ACCESS TO THE PROPERTY FROM COURT ROAD 0 ANC TO MEET SPACNc REOURFEIENTS FOR ORMWAY3 AN) COUNTY ROAD 13 COLORADO SoU IVAPO 5RAPHIC SCALE 0 200 WELD COJNTY NOTES: 4:HREAfHPROPOSED E FOR�THE�75CM' D C w 1)RR DO�PROPPc lrWET �i.S t0CATTTI). PuRSUAAT 10 DETINRK)N OF Sr VDT w THE WET D °DUNK COTX'. THE CI MIND -0 SFTTIOCK IS MEASURED FROM THE FUTURE FIGHT -Of -WAY LIFE • NO OOLONG CO STRUCTURE AS DEFINED $40 DATED TO DOSE OCCUPANCIES LISTED AS GROUPS A B E N. I M MD R N SECTION 302.1 OF THE 2012 INTERNATIONAL EREDO G COOS, SHML. BE CONSTRUCTED %WIN A 200 -FOOT RADIUS OF Al.'! TANK BATTERY OR WIRtN A 190 -FOOT RADIUS OF ANY WELUEAD OR MEIN A 25 -FOOT RADIUS Of ANY PLUGGED OR ABANDONED OE MO CIS WELL. ANY CONSTRUCTION WERM A 200 -FOOT RADIUS Of ANY TANK BATERY OR 150 -FOOT FOOLS Of AM' WELLHEAD SHALL. REQUIRE A VARIANCE FROM 'HE TERMS OF THIS CHAPTER IN ACCORDANCE WITH SUBSECTION 23-6-10.C OF THIS COOS. 2) BE MT FUTURE STRUCTURES OR USES Oh STE MUST OBTNN THE APPROPRIATE ZONING AND BUILDING RMITS 3)LOT A Is NOT WOOL!' FOR A FUTURE LAND DRYPTgr N ACCORDANCE WITH SECTION 24-8-20C I OF THE MID CnUNTY GOOF 4) THE tARGEsT I OT OF MY RECORDED FXITAPTION MAY NOT BF IFSS THAN TItR^Y-FNf (35' ACRES NU (MISS APPROVED BY THE WELD COUNTY BOARD OF ocieersstoirErs IN ACCORDANCE WITS SECTION 24 -d -40.P. OF THE MOS Cairn co.PE 5) PNOIE TO THE RELEASE OF BUILD NC PERMITS, THE APPUCM(T SWILL SUBWT A CCOM)-D DEED G UHF LET UPON WHCH THE BLitt NG PERMIT IS REQUESTED MTH THE WRONG PEROT AP• PLxw1IGN. THE LEGAL DESCAPTION ON WI DEED SHALL PCLUQE THE LOT DESIGNATION MO RECORDED CADARTIN N.04/BER 6) PNCll TO TIC RELEASE Of BOLD#IG PERMITS. THE APPLICANT SHALL SSW EVIDENCE TO DE DEPARTMENT Or PLANNING 5ENVICES THAT LOT A AND LOT B HAVE AN ADEOLA'F WATER S.IPPIt OF SUTc04T OwarrY, oLwgn AND DEPEIDafty 7) TM moor OWNER SMALL CONTROL NOXIOUS WEEDS CM THE SITE 5) IRE NSIUIOCAL -W* HAITIANS ANW NU'K*P MOUNTS MU. M MANJMN D UN 144. Sit. 9) BUNC 5I�LDIAI 'DING PLOWS SHALL BE OBTAINED PRIOR TO TIE CONSTRUCTOR OF MY BUILDING. BUILDINGS cflnX of EOIMKMNCE MUST BE FILM OF THE WELD COUNTY C L 00 NOT OM 0NO NIN( EILINITION OF M4 AG EXEMPT BUILDING Put 114, NI. N1AND $4 S OF CCILCTRI('A& R TION OA FOR WATERING OR WASHING OF LMSTTOCI( OR POULTRY. ANI/OR MUSSING PERMIT IS REOLARE) FOR ANY RICERCA fYFhACf TO M BU i W.G OR RAM 10) 9UsLONG POWS ISSUED ON THE PROPOSED _OTS WLI OF REOUMED TO ADHERE TO DC FEE OF The COUNTY -WOE ROAD SPACE FEE PROGRRAM. BIADNO PESTS *SLED ON DIE PROPOSED LOTS WILL BE WORMED TO ADHERE TO THE Ftc zit((11 a TFE COUNTY Foam FEE AFC eisons ST/T.HE ortiA�a'ct IM�POAUCFT�TyFEE PROCAANGS. yp�' ADSCMIT AF4�?SO RESOURCES. MQ JO*4G BUT ►OT L* TFO TO, SNC t 0HAS SOME X *, MATURN GGAA5S AND CO*.,. UNDER �TTRLE 34 OF THE COLORADO MRSED STATUTES. WCRAL.3 Ali[ VI1M STATES : (I)SO04 DEPOSITS. A•40 (S Kranz �T) E PO THE 4. CC�OURT aO BEMFYi�ACR�p � R4or,c k0iLAN. CA:IMTED TO MOO POSTE O' SJ04 DEPOSITS M0 CAUSE 1HK LEAST RRACTCABLE DISRUITION STATEOf TIC E��' AND QUALITY Of UrE Or TIRE O7RZIMS CF M .- POPULOUS COLRCS OF THE WW1 RESOURCE LOCATIONS Aft WOES7TEAD THROUpOUT n48 COUNTY AND POISON W NIG INTO TERSE AREAS MUST RECOGNIZE THE VARIOUS IMPACTS ASSOCATED MM TREK OE▪ OPF4SICAL LOCATONS. L MOREOVER THESE RESOIIR�s AAE nROTECTED PROPE Imo ICAL 44.0 NO MINERAL OWAERS SFOJW BE AFFORDED 'HE OPPORTUNITY TO EXTRACT THE i4NERAL RESOURCE ' 3) WEL3 COUNTIES RKiHT '0 Fa. Wan COUNTY IS ONE OF THE MOST PRODUCTIVE AGRICULTURAL WARES N THE UNITED STATES, TYPICAL.Y MM(ING W TNt tow TEN COUNTIES IN THE COUNTRY IN 10114 MARKET VA.UF OF AGRICI:I W'$L PRODUCTS SOLD 5[ THE RURAL ARIAS OF WELD COUNTY MO BE OPEN MID R MCA SPACIOUS, BUT THEY THERE MEDO ACC*S **saw 5.w comUCItE. Knows TS Mm LONG-STADiC AGRICUITtRA& PRACTICES AND A LOWER LIVED CE MIMES THAN N TOOL ALONG KITH DC DRAWBACKS COTE THE NCENTMCS MCI ATTRACT URBAN DWELLERS TO RELOCATE TO RURAL WAS OPEN VIEWS SPAC WW DUFF I ACK OF CT' NONE MO CORGI -STOW, AND FAMES, ATTRACT UREIM DICIERS UR RAL WELD COUNTY WOULD OUCKLY BE ECHE TIME FEATURES WF FOREVER IICa AGRICULTURA. USERS OF TIE LAND SHOULD ACT BE ExPtCTED TO CHANCE NOR -ONC-ESTABLISHED CRICUATURAL PRACTCES TO ALCOMMOO A'E ME n RLISIO 1s OF URBAN USERS MC A RURAL AREA WELL -RUN A IOCUETURAL ACTNRIES WILL GENERATE OFT -SITE 'IMPACTS. INCLUDING NOSE FROM TRACTORS MO EOUPILNT, SLOW MOVING FARM VEHICLES ON RURAL ROADS: RUST FROM ANIMAL PENS. TEES TJN a. HARVEST ANO GRAVES ROADS; ODOR FROM ANIMAL CONf1QEAENT, SILAGE MO MANURE. SEMITE FROM DITCH MURANO, Fun ANO wosoi '•pas, HUAR}p AND TRAPPMID ¢400711117 won. LEGAL /N21NG OR NGSNICE WILDLIFE; MO 111E USE of PESTICIDES MID � N THE FEEDS. INClUONG THE USE OF AERI . SPRAYING. R IS COMMON PRACTICE FOR AGRICULTURAL PROD.K...^+ TO UTILIZE M ACCUMULATION OF AGRICULTURAL MACH ERY MD SUPPLIES TO ASSIST N THEIR AGNICJLIUFML OPt1LA1UNS A CONIN'MAI ION( (7F MIS*.LLANLWS NR4CUL1.R1AL MATERIALS CHIN PRODUCES A MSU14 01SPMITY BETM.EN RURAL AND JIMMY AREAS Of THE COUNTY SECTION 35-3.5- '02. C.RS., PR71OES THAT AN AGRICULTURAL OPERATION SHALL L NOT OE rOUTIO TO DE A PUBLJC OR PRIVATE NUISANCE If flit AGRCULTURAL OPERATION ALLEGED TO BE A NUISANCE EMPLOYS METHODS OR PRACTICES THAT ARE COWOitY OR REASONABLY ASSOCIATED WTT/ ACRCULTI.RAI PRODLHCTON. WATER HAS OUR, MID CONTINUES TO DE, THE UPEUNE FOR THE AGRICULTSM. COMALNITY. R IS JPIRFAIISTIC TO ASSUME TINT EJTCHIFs AND RFSFRNORS MAY SMPI Y FE MOVED -OUT Of THE MAY' OF RESIDENTIAL Df.\'fIOPWENT *EN SONIC THE COUNTY. PROPERTY OWNERS NC RESIDENTS MUST REUZE THEY CANNOT TAKE WATER FROM IRRGAI10N 0RO4ES. LANES. OR OTHER STRUCTURES. UNLESS THEY NAVE AN AD..UDICATED FOGHT TO THE WATER WELD COUNTY COPS A LANG AREA OF APPRCXPWTILY FOUR TNOUSA is (4.000) 5OUARE ILLS N S EMCE THE SIZE Or DELM E) WITH MORE TEMPI THREE l►Ip,LSANp SEVENRUMORED ( ) MILES Of STATE MO COUNTY ROADS OUTSDE OF MLINICWAUTIES ME SHEER MAOIR,AE 0/ 111[ AREA TO SE SERVED STRETCHES AVAILABLE RESOURCES LAM ETIFORQAENT S BASED ON RESF'RUST IBE T TTRA ELMAY MAY E NTS MORE 41ERp ICCY RESPONSES LAM EIIF4 COUNTY AOC TIC C > ECM, Mme' RS 540 MUST LEAVE TWO JOBS AM) FAMUES TO RESPOND TO EHERGENCCS OOLt.� MOULANCE. AND PRE FIRE PROTECT ON IS USEALLY Promo) sr MOE JOE E GRAVEL ROWS AO MATTER HON OATEN THEY ARE iILAJEU. WALL NOT PROVIDE THE S1ME KIND U4 9.00N:E EO•ECIED FROM A PAVED RYA) SNOW REMOVAL PRIORITIES MEJW '.NAT ROADS PROM SUICMS1ONS 10 ARTERIALS MAY NOT BE CLLAREC FOR SEVERAL DAYS AFTER A MAJOR SNOWSTORM. SEANCES IN RURAL AREAS. N WHY CASES. '0*5 ROT BE EOJNALDR 70 WMICIPAL SERVICES. RURAL OWE-IERS MUST. Eff NECESSIN. BE MORE SELF-SUFFICIENT NIA uRBAN DWELLERS. PFOaI F ARF []NOSE) TO DIFTFRFNT HA)AROS IN Mr COUNTY THIN N Ni URBAN OR SUMATRAN SETTING FARM EOUPMEWT MD Ol FIELD ECJIPMEFR, PONDS MID MRFao,-a. DITCHES EIiCTRIC& POWER FOR PUMPS Art CENTER PNOT OPERATIONS, MOH SPEED TRAFFIC vim surd, PUNCTURE 1414 5, IERRITORMI. FARM DOGS AND LIVESTOCK, AND OPEN BURNING PRESENT REAL THREATS. CONTROLUNC CHILDREN S ACTIVITIES IS IMPORTANT, NOT ONLY FOR HEIR SAFETY. BUT ALSO FOR THE PROTECTION Of FARMER S lVF1J11000. LEGEND: S - ALl0 CT MONL.MENT, AS NOTED • - SET 5/e- x 24' REBM WITH RED PLASTIC CAP. PLS 3797, - ALJO.C1 U% - RIGHT-OF-WAY LINE - fROPENTY 1 MF EASEMENT LW( - OL/CAS SETBACK. AS NOTED - EXISONG ASPHALT SLAP ACE O HOAIJWAY 1 400 600 It.L 2:\Tt-2AAT1 a_Ree*\523\Ar t4ALT SP ALTA\ASP_2ND CORRECTED_RECx17-0163_RtV10o72019.a0 Po Boa a E.1 nd Surveying Co. A Condo Capor6Non 129, IVIOMA, 00 90001 • P-303-459-1532 r103-655-0525 • amnaM..00m REVISOR GATE SCALE 1' - 200 WE OCT 7 20'9 DRAWN Bf. CON OIECEE.C IN IIA61 2.O4I- ASRMLT SP ___JON NO •6- AP 16-00562 Approved 4-6-2017 Existing Access to be closed and reclaimed NW COR. NE ' 4 SEC. 25 T 1 N. R 68 W. FOUND 3/4' REOAR WITH 2 ALUMNUM CAP. P1 S 2.7037 IN MONUMENT BOX aTCH ii ONLY Cara 94.4 , FOUND 3 REM WITH t ALUMINUM PL3 23500 N MONUMENT 80X. 010 NOT ACCEPT. AP 19-00199 Approved 6-11-2019 Located +/- 1310 feet west of CR 13, Colorado Boulevard COUNTY R AD NO. 6 (80' RIGHT-OF-WAY / JUTE 1, 1 1. BK 83. PG 107 REC. NO. 355056) 589'40 3711 2031.03' NE CON. NE 134, SEC. 25 T 1 N, R 68 IV FOUND 3 4' REaAR WITH 2 1/2 CAP, PLS 24305 N MONUMENT sox. NOW40'37t 40.00' 60' MOO -OF -4W FOR THE FAST IIRANCH OF THE BULL CANAL REC. NO. 208153) \fit\ 14T 136727' 1 f Y W W APP LA SS °4\ i ire r3R0' PIPE a E/� T:70SIM10 ACCESS SEE NOTE NO. I �' (REC. Wear TO !E CLOSED AND I ! I' RECLAIMED L, WATER MTV UNE EASEMENT USNE CROWD III, i 4 • I 1 1 I LOT A GROSS: 22.87 Ac.'/ -1 NET: 21.40 Ac.+ / 'ate: 1 /0 A ENi ACROSS LOTS A * B i 16-01x,1 MO war 16-0184,_10111THE A ! B OF RECx16-0163 MO LOTS A ! a OF RECX16-0184 n J ym.vt SITE (REC. NO. 2329006) 30' 3887 IPELINE EASOADIT I I (ROC 22 3) I I --t le -50' PIPELINE EASEMENT I I (C. NO. 1666306) 1 P J L24 L20 3"h 567.3 II \a U6 LOT B RECX 16-0184 gerney 'SW COR. NE 1/4, SEC. 3 MR WITH 5%4. ' TH 3 3 4 ALUMNU 68 TT CAP. PLS 27269, L1♦ 40' RIGHT-OF-WAY FOR 114E ?kg-. CMML LATE No. 1 (REC. NO. 208153 n J L r L76' TRANSMISSION VIE 'R€C. N0. 1075431) 435 TRANSMISSION iN &C. NO. 3638489l)E RIONT-�SEPAJIA OF -WAY RIGHT -Of -WAY LOT A RECX16-0184 \ TANK BA 7TERf 1248.06' ADOtT10NAt ROW FOR COUNTY ROAD NO. 6 REC. NO LOT B GROSS: 58.73 Ac.+// NET: 55.70 Ac.+/ C10 5a9'38'13'W 2635.37' Cl' S 1/2, S 1/2, NE 1/4 N69'33'25'E 2635.41' R-3070.00' A-97.45' DNto-41'49'07- NO1' 19 56'W 01-97.45' EXCEPTED PARCEL Ik ADORION& ROW FOR ROAD NO. 13 REC. NO. 3229333) 40' ADOITIONAL FUTURE ROW FOR COUNTY ROAD NO. '3 R.2930.00' A-93.01' OMtoaQ 1' Oa' 1031•196-w O4a93.01' ITCH OILY L1 C1 THIS PARCEL NOT RENEWED THROUGH THE RECORDED EXEMPTION APPLICATION PROCESS 5 A SEPARATE PARCEL THAI IS OWNED BY HUNT BROTHERS PROPERTIES INC. AND MAY SE CONVEYED TO OTHERS OR UTILIZED BY THE PROPERIY OWNER AFTER OBTAINING THE APPROPRIATE PERNTS PS APPLICABLE. p a a 2ND CORRECTED RECORDED EXEMPTION NO. 1467-25-1 REGX16-0183 Port of the North 1/2 of Section 25. Township I North. Range 68 West of the 6th P.4., County of We1Tl, State of Colorado. Landscape Plan Initial submittal: Evergreen and Deciduous mix of trees planted on grade fronting County Road 6 with an opaque fence screening the parking, staging and storage are of the facility SITE 4OCATION •Et l of 4 Sk R art LI 4 A V ylC1N1r MAP SCAJ 1 •-two LEGEND PROPERLY LINE RIGHT -Of -WAY uNE EASEMENT CCNTOJRS PAVEMENT CRAVES CRASS 1RA1i C OIREC'.0U CONCRETE PAN 6' CYCLONE PRNACY FENCE (w.'., SLATS) E' CYCLONE FENCE r bar -WINO a-- .R[ OVERHEAD ELECTRIC ONE POWER POLE .0r+' POLE OIL/SAS UNE YEW: 0;./CAS VALVE STRL,CT LIRE cm/:AS *ELL TRANSTASSO♦ _ SE TJWEf DC SC C 100 20C SCALE 1°- 1 ay' Kl J,stAila a seaw Alt u t LAMY rut" PROPOSED a alga - - a Jr _ -V- (APPROx LATE) ►-O-+ (APPROx HATE) walls/ VAr7TIN ASSUMES NO RESPO.SIBiUIY %OR V116:Tv LOCA;:0645. HE JULITIES SHOWN ON THIS DRAWING rAVt, HUN • OfED FROM THE BEST AVAILABLE INVORMA'0Y :T I5, HOviEVER, THE CONTRACTORS RESPONSIBILITY TO FIELD YEW., THE SIZE , MATERIAL, HORIZONTAL AND VERTICAL LOCATION OF AU. UTIL;ttS PRIOR TO THE COMMENCEMENT 0V ANY CONST4UCTION LANDSCAPE l E'IQ =ASS Tnt I - fl,D1awa cRAaAVP„E Can* • es CONtfaC if TS[[ 4 - MTNt IPM CA_1PEW • ••• susmilimaue 7 - QOc,OEN aRNE- HEQM • 2'-)' oRNAVENTAL GRASS B - BIG BLUESTEIA HE C.47 - E'S LANDSCAPE ARCA•4 405 S 1' t Ave i . e- ,.4, ems..• - %a ec 1.i • I I ♦ it I \ I r - ,rc«a„ .bet / ) Rat, .riw tags V. .Wa. A~7�rKM MI' 41 1' 1 , I r / / I • t 1 it twill CAW4I .00 - r :s t 0 •_J , N47U ♦ I ♦ 1 • / / i� air' i./ ' egg 0.w ..,.,.'. :1°. 'ice N._ •• S • • %'N $AAOAC poop nal ,Lo .‘ II AIMatIZIOCIDOSt S 141) (WI-- Iii rl aa,rz Afle / \ I ttt. .0r I s I •`` te' \I% r , I 1 a.INI _ .-*KvElf BROKEN CONCRETE I EDUtMENT STORAGE 'tam \ S S Ito •ttcr- I"a LOS' I3)a) wow >. .tza) f[P•I./x. atmlit O •iM.1a — — 1 \ \ . oltrolnal °-. -, I . POND 1 � ' f 64142` /BATCH • I turtdmtn , ENTRANCE ISA^ OCLM 'coo• 'NON 9• I LIPS) ...... ...... alor44. ..- ,.t / 'r -- « - • rad TOR, aho a, I I 1 I i r I • ♦ I A111110art PAROLE / I45775CYW5.2 ..ILA COwn' ROAD -6 ;ExIr 60' ROW) -- or or tit i tslllrmo MOOT •O• 400C" R Ow - -e0 TO ODOR GRASS S ) > ) ) ) 6iPRrvAty tENcE IN PROM J 9 ) or Coo IPutNY PARKING * ) • ) I ) ) ) -41 ) 3 a ) -7 -) • 3 a-- r- ) t . -a ) ) ) „,r ' ) f a- ) 3 SCR -6 AND LANDSCAPE DETAIL, SCA_E 1•• 2c' Asphalt Specialties Company Initial Proposed Site Plan Landscape Plan presented at Commissioners Hearing August 2017 to address neighbors to the east concerns was to add an up to ten foot in height earth berm and plant a variety of trees and shrubs, based on the two previously held neighbor meetings The illustrative graphics presented here reflect the design intent SITE LOCATION iir c N 514) • 4- 0 VICINITY MAP LEGEND PROPERTY LINE RIGHT -O. -WAY LINE EASEMENT CONTOURS PAVEMENT GRAVEL GRASS TRAFFIC DIRECTION ORANAGE FLOW ARROW CONCRETE PAN 6' CYCLONE PRVACY riNCE (*AWN SLATS) 6' CYCLONE FENCE ♦ THREE -STRAND BARB WIRE STORM SEWER STORM MANHOLE FLARED END SECTION OVERHEAD ELECTRIC LIRE POWER POLE LX74T POLE OL/GAS LINE VENT PROPOSED OIL /GAS VALVE STRUCTURE OIL/GAS WELL TRANSMSSQN L TOWER u • VC '.:-IOTA, '.t .1 S . .• IVY • ST O cra • I (APPROxIMATE) •-c>-• (APPROLMATE) MARrIN/MARHN ASSUMES NO RESPONSIBILITY fOR Utll11Y LOCATIONS THE UTILITIES SHOWN ON THIS DRAWING HAVE BEEN PLOTTED FROM THE BEST AVAILABLE r)FORMATION. 'T IS. HOWEVER, THE CONTRACTORS RESPONSIBIUTY TO FIELD VERIFY THE SZE. MATERIAL. •IOR ZONTAL AND VERTICAL LOCATION OF ALL UTILITIES PRIOR !C 'HE COMUFMIME NT OF ANY CONSTRUCTION. 4,4 t4 Y Pans• iS.O% LA6 WI t -Or • •• "42'4. :1U Pr/. WJ' gKLN4h lti' �•pvSMSfYr:.a► +`CAI; -.7-M MIT r^ Malin at ,rn. •f • • , •'rti rt.C �. SANINAND PM'JPERMS, LLC /148725000059 (USE- /J4 / GRIV£L PROCESSING/ B4 /CAI PLANT) • • Y i RE"i rfilROVAL s170RAGE S&LMONS LAC PARM. /146725000027 LIQUID ASPHAL. STORAGE • DRAINAGE Rip PARCEL /x46725400061 DETENTION POa° /2 NO BUILD OR STORAGE AREA VOLUME -33.700 Cr r ACCESS PERMT API6-00562 WELD COUNTY ROAD NO. 6 APPROVED TEMP TRACKING CONTROL PAD (PERMANENT PAVEMENT) 1 -"b_...__-4-0 t `i 40.00' ..I :4 , I . An.,!`AHD NG 41 _ely (ru4.4.; ",:r in la1I,) ili i ' + I •a TRUCK PARKING Al ev EQUIPMENT STORAGE /7 -DRAINAGE r LIGHT POLE, TYP E DETAIL) t OYFfCE 100'r120' (MORE OR IFSS; ENCLOSED TRASH .-so. DUMPSTER (SEE DETAIL) -: t:;-: QC LAB. 50'■9D' (MORE OR '' LESS) SHOP 12O'KSS SWA4 E (MORE ON ssi ENCLOSEC TRA:,, • - --• - DUMPSTER (SEE DE1A..- PROPOSED LIGHT ----' POLE, TYP (SEE DETAIL) SEPTIC/LEA_`+. LI • EQUIPMENT STORAGE r -" 'Jlkd' CULVERT FOR BULL \ ' % CAIY0.L lA'F.RA'. NO I CRArfi � � `T�9T�a•-�9T �� . FUEL ISLANDS (APPRO.. a C— % CULVERT CONTROL -a•1 HOUSE 44, CHANNEL — !1 CL6 CONC BASE Sor RECYCLE BROKEN CONCRETE NAM TLKNANC� S WES /--.y ^; STOCKPILE LOCATIONS .ARhROF1 TEGomposIToN ANG VARIABLE (UNLESS NOTED) a r/ L. RECYCLE PLANT • \ 11 .• VRRent! BROKEN ent!ASPHALT / are '1\rss a1I 1\t. \ WUNIENANCE I I ACCESS IN II II 0 4 ROSE BERM I ') -- TRUCK •!,,;) CROSSING WI JERSEY BARRIERS 1 1/2' ROCK BATCH / COARSE SCRFENFf AGGREGATE (NO FINES) a CHIP .,UAL UF:IFNIroes POND #1 NO ESTORAGE VOLUM' 25.300 ��I R'50' SETBA.• FROM WEL_HEAD .4 I •.d 642 42' LOFT VSUAL/ )$1 YSLIM. / NOSE BERM + THR{1UC.H 1 ANF• w ACCEL LANE s DECEL LANE I t H + LANE f\- ACCESS ACCEL/DECEL LANE JMPROVEMENTS TO WCR-6 9.00' (TYP.)1 r 19.00' (TYP. ) PERMIT AP16-00562 • aot, I 1. Q ADA PARKING SIGN (VP.)J F tort VISUAL/ NOISE BERM II a 0 A -Ala& r2R PAM /146725000052 VISUAL/NOISE BERM TYPICAL DETAIL FUL.. CUT OFF JGHT FUTURE [COLOR OF POLES AND FrXTLRES SHALL BE GRAY SQUARE STRAIGHT STEEL POLE 6' CONCRETE POLE BASE FINISHED GRADE - =Cpl. 25' OFFICE A,DA DETAIL SCAI F 7'-70' SUE LIGHTING POLE I:ETAIL NOT 10 SCALE f9 19 V CA ACCESSIBLE (TYP.) LANDSCAPE LEGEND O th DECIDUOUS TREE 4 - ELOWERNG CRABAPPLE CALIPER - 4'± CONIFEROUS TREE 44 - NATIVE PINE CALIPER - 4•.i BUSH/SHRUB 5 - GOLDEN PRNET HOGHT - 2'-3' ORNAMENTAL GRASS 0 - BIG BLUESTEN HELCHT - 3'>ti WCR- F_ ROUND LANDSCAPE AREAa93,050 S 2 ALL L ANDSCAP NG TO BE PLANTED WITHIN 3 MONTHS OF BUILOINC COMPLETION. ALL TREES, SHRUBS, NC GRASSES WILI. BE WATERED REGULARLY A PROFESSIONAL ANCSCAPE SERVICE WILL BE CONTRACTED LANDSCAPE •MPRO'VEMCNTS ANC MAINTENANCE FLL DE AN ONGOING PROCESS. LANDSCAPE INFORMATION; 1. NO TREES OR SHRUBS NrLL BE PLANTED WITHIN THE SET BACK OF COUNTY ROAD 6. 2. TREES AND SIIRLJO CLUSTERS WILL DC LOCATED AS SHOWN ON THE PLAN. 3 A DRIP IRRIGATION SYSTEM WILL BE USE`) FOR WATERING ALL TREES do SHRUBS 4. ALL OTHER LANDSCAPWG AREAS WILL BE SEEDED WITH COLORADO NATIVE GRASSES. Asphalt Specialties Company Landscape Plan w earth berms Graphic Image -- Asphalt specialties Company Site Plan we. Graphic Image -- Asphalt Specialties Company Site Ilan July 2019 Landscape Plan: The Landscape plan was modified to address the site landscaping and screening and to visually mitigate the impacts of the Hunt Bros. Properties, Inc. operation. Landscape Plan accepted by Director of Planning Services and planning staff to address neighbors to the west, south and east concerns. adjacent to County Road 6 are clumps and gaps of evergreen and deciduous trees Pi planted at grade. An opaque vinyl fence screens the storage and parking areas south "of County Road 6 and on western property line An opaque wood fence screens the facility from the east within the transmission line easement and also the south property line south of the berm. The area oispetween the end of the berm and south property line will construct a wood fence to visually mitigate facility from residences located to the southeast of the site. Landscape Plan retains the ten foot in height earth berm adjacent to the east property line planted in a variety of evergreen and deciduous trees and shrubs and requires a minimum of a five foot earth berm planted in a variety of evergreen ofr and deciduous trees and shrubs east property line at sit entrance LI IDSCAPE CHART S -iF ---il aE LIQUID ASPHALT STORAGE S1OCK PILE 1 \,LANDSCAPE PLAN 1 VII 4,,. ,`\,V ' i, y 11 \ SINGLE ARM POLE I Iillit. 1 III 1, q STOCK PILE • STOCK PILE t- -• • • • 3,-P- , ,•4 to Rim / PRITI JSCAT J `•+l ;• N44*ATERLINE Mil BF MO'', r,; s� • THE COMYSNOM ks AT iMIPROVEMF N. S TER uNEFASINIENi ./ NC '14 T9DA T ED 916 2 L t o f �— OPAQUE WOOD FENCE Quk CO1"i S NATIVE SFFU CJN Al L DISTURBFA S(3) AREAS AS ILLUSTRATED (TYP) P14(3) / :S(3) ,ct rJs (1)PN Rifs (2)PN POSSIBLE FUTURE OPAQUE WOOD FENCE NATIVE SEED (TYP) (2)JS (2/Ps (1)JS (71444 (31PS Js (1)PN MPS MPS POSSIBLE FUTURE OPAQUE WOOD FENCE i3}JS ',71PN ,:2)PS r2jPN PPS 2 POSSIBLE FU1URE ACCESS TO LOT B FENCE PANEL SHALL BE A MINIMUM 6 ABOVE GRADE WHERE IT CROSSES THE RIPRAP OVERFLOW TD ENSURE TEAT THE DWIMIA.3E IS NOT IMPACTED BY THE FENCE SCALE. 1'-100' 0 50 100 200 300 NORTH ROADWAYCORRIDOR ROAD LF REIN' PRO COLNdTYR0AD6 1237 31 31 • REOUIIiEMEN I 1 TREE F OR EVERY FDIC LINEAR F EE I OF Si REET FRONT/GE PARKING LOT LOT M AREA RED' PRO 1 10989 SF 1,099 SF 1 I07 SF ' REQUIREMENT 10%OF THE AREA OF APARKING LOT MUST BE LANDSCAPED O O PLANT SCHEDULE / LEGEND uEcluvous Its O EVERGREEN TREES O O gat sf p11 ANICAL NAME CO 15 CELTS OCCIDENTALS OMA IT OUERCUB MACROCARPA CODE CITY BOTANICAL NAME JS 39 !UNIPERJS SCOPULORLNA PN 25 PIMA NIGRA PS 24 PINUSSYLVESTRIS NOCUOUS SHRUBS coK CITY !A C.ALNAME TLS 20 RHUS TRILOBATA EVERGREEN SHRUBS CODE QTY BOTANICAL NAME 0 0 GROUND COVER '1 SITE ELEMENTS 0 O SEED MIX LS 25 VHIPERU5 CHIiENS'S SEA GREEN JHh OOMMUN MAMk COMMON WACKBERRY BURR OAK COMMON NAME CALIP(:H BIB 74CAL BIB 2SCAL TYPE CAUPER ROCKY NOUNTAN JUNIPER B B 8 6 HT AUSTRIAN BUCK PINE CORONA NAVE ^^C�� n NAME THREE -LEAF SUMAC COMMON NAME SEA GREEN JUNIPER 2 JUNIPERUSHORIZONTALS HUGHES HUGHES JUNIPER MULCH ROCK MULCH SEED SF.R'' SIGN FENCE -0I (OPAQUE) FOCI -02 FENCE -03 (OPAQUE WOOC) /c.3- RIVER ROCK PER SEED MIX BELOW WESTERN WHEAT GRASS (ARRIBA. BARTON. ROSANA) BLUE GRAMA (HACHITAL LOVINGTON) SIDEOATS GRAMA (VAUGHN, BUTTE, NINER. EL RENO HASKELL) SMOOTH BROME (LINCOLN, MANCHAR) SAND DROPSEED PFRFNNIAI RYFGRASS (CAL BRA OR GARIBALDI TFTRAPI OID) SLENDER WHEATGRASS (PRYOR, REVENUE OR SAN LUIS) ALKALIGRASS (FULTS II SALT ON SEA) SWITCHGRASS (NEBRASKA 28. BLACKVVELL) 2.50 LBS PIS/ACRE 1 50 LBS PLS / ACRE 225LBS PLS/ACRE 2 00 LBS PLS / ACRE 0.25 LBS PIS 1 ACRE 0 75 I BS PI.S / ACRE 2.50 LBS PIS / ACRE 1.25 LBS PLS / ACRE 1 00 LBS PIS /ACRE TOTAL 14.00 PLS./ ACRE BIB 6 -BHT BIB 6•B HT TYPE 5 GAL TYPE 5 GAL S GAL NOTES 1. ANY BROKEN OR CRUMBLING ROOTBALLS WILL BE REJECTED 2 REMOVING THE CONTAINERS WILL NOT BE AN EXCUSE FOR DAMAGED ROOTBALLS 3 STREET TREES ARE TO BE LIMBED UP TO 8'. PRUNING SHALL OCCUR IN THE APPROPRIATE MANNER AT THE NURSERY SUBSTANTIAL PRUNING WILL NOT BE ALLOWED ON -SITE SPACE GUY ASSEMBLIES EQUALLY AROUND TREE AS PER DIAGRAM FOR WIND STABILITY AGAINST PREVAILING WIND NORTH }o E SPECIFIED BACKFILL MIXTURE AND FERTILIZER APPLICATION. STAKE TO EXTEND —. MIN 24' INTO UNDISTURBED SOIL / 2 X ROOTBALL DIA / C1.} DEDIDUOUS TREE PLANTING Scale: NTS WRAP ENTIRE SURFACE OF TRUNK TO SECOND BRANCH WITH SPECIFIED TREE WRAP MATERIAL AND SECURE RUBBER HOSE (If? DIA ) OR 12' NYLON TREE STRAP ON GUY WIRE TO PROTECT TREE 1/2' DIAM X 24' LONG PVC PIPE SECTION ON EACH WIRE 12 GUAGE GALVANIZED WIRE. DOUBLE STRAND TWISTED MINIMUM 3 GUYS PER TREE WATER RING • INSTALL AT END OF PLANTING REMOVE PRIOR TO SODDING OR IRRIGATED SEEDING 6' PINE POST 2' 0 D (4' EXPOSED) PLANT ROOTRAL l 3' HIGHER THAN WHICH IT GREW (IN IRRIGATED AREAS) IN NON -IRRIGATED AREAS PLANT TREE AT GRADE WHICH IT GREW APPLY SPECIFIED MULCH 3' DEEP TO THE OUTSIDE EDGE OF SAUCER UPON PLANTING APPLY RING OF BARK MULCH 3' DEEP UPON COMPLETION OF SEEDING OR SODDING IN THE OPEN SPACE AND PARKS MULCH TO BE 4' DEEP AND 36" DIA RING. FINISHED GRADE CUT AND REMOVE BURLAP FROM TOP AND SIDES OF ROOTBALL REMOVE ALL WIRES AND NYLON TIES FROM TOP • OF ROOTBALL NOTES 1 ANY BROKEN OR CRUMBLING ROOTBALLS WILL BE REJECTED REMOVING THE CONTAINERS WILL NOT BE AN EXCUSE FOR DAMAGED ROOTBALLS 2 HOLD GRADE 1' BELOW EDGE OF WALK OR CURB. 3 ALL JUMPER PLANTS SHOULD BE PLANTED SO TOP OF ROOT MASS OCCURS AT FINISH GRADE OF MULCH LAYER 4 SHRUBS PLANTED WITHIN THE DRAIN STRIP OR SCREE AREAS SHALL HAVE A I2' DIAMETER RING OF MULCH AT THE BASE OF EACH SHRUB 5 PLANT ALL SHRUBS AND ANDD MULCH RING PRIOR TO PLACING ROCK ANY BROKEN OR CRUMBLING ROOTBALL WILL BE REJECTED COMPACTED BACK ALL MIX SPECIFIED BACKFILL MIXTURE AND FERTILIZER APPLICATION 3 SHRUB PLANTING \`\ Scale: NTS / / DEEP OVER SPECIFIED WEED MAT PRUNE ALL DAMAGED OR DEAD WOOD IMMEDIATELY PRIOR TO PLANTING DIG PLANT PIT TWICE AS WIDE AS THE ROOTBALL - APPLY SPECIFIED MULCH 3' ANISHED GRADE LOOSEN SIDES OF PLANT PIT AND ROOTBALL NOTES 1 ANY BROKEN OR CRUMBLING ROOTBALLS WILL BE REJECTED REMOVING THE CONTAINERS WILL NOT BE AN EXCUSE FOR DAMAGED ROOTBALLS 2 TREES PLANTED WITHIN DRAIN STRIP OR SCREE AREA SHALL HAVE 3'-0' DIAMETER RING OF MULCH 5' DEEP AT THE BASE OF EACH TREE SPACE GUY ASSEMBLIES EQUALLY AROUND TREE. AS PER DIAGRAM FOR WIND STABILITY AGAINST PREVAILING WIND NORTH SPECIFIED BACKFILL MXTUBE AND FERTILIZER \ APPLICATION HOLE SHOULD HAVEROUGHENED UNDISTIBED SUB GR AD E / 2 X ROOTBALL DIA / EVERGREEN TREET P DO NOT CUT OR DAMAGE LEADER 'USE ONLY ON TREES 8' OR TALLER RUBBER HOSE (112' DIA ) OR 12' NYLON TREE STRAP ON GUY WIRE TO PROTECT TREE #12 GALVANIZED WIRE TWISTED DOUBLE STRAND MN. 3GUY WIRES PER TREE 112' DIA X 36' LONG WHITE PVC PIPE ON EACH GUY WIRE SET ROOTBALL 3' HIGHER THAN GRADE AT WHICH TREE GREW. APPLY SPECIFIED MULCH 3' DEEP TO THE OUTSIDE EDGE OF SAUCER UPON PLANTING APPLY 18-24' RING OF BARK MULCH 3 -DEEP UPON COMPLETION OF SEEDING OR SODDING IN THE OPEN SPACE AND PARKS MULCH TO BE 4' DEEP AND 36' DIA FINISHED GRADE 30' METAL T STAKE DRIVE VERTICALLY INTO UNDISTURBED SOIL FLUSH W/GRADE REMOVE BURLAP FROM TOP 2/3 OF ROOTBALL REMOVE WIRE COMPLETELY FROM UPPER 2/3 OF ROOTBALL LANTING Scale: NTS SHRUB BED WI SPECIFIED MULCH DEPTH TURF AS SPECIFIED WHERE REQUIRED DURA EDGE, 14 GA ROLL TOP STEEL EDGING. PERFORATED. GREEN SPECIFIED LANDSCAPE FABRIC ROLL EDGE UNDER EDGING AS SHOWN METAL STAKES AS SPECIFIED NOTES: 1 SET ALL EDGING 1" ABOVE FINISH GRADE AS SHOWN 2 EDGING SHALL ABUT ALL CONCRETE CURBS AND WALKS PERPENDICULAR ANC FLUSH WI GRADES OF CONCRETE 3 INSTALLATION TO BE COMPLETED IN ACCORDANCE WITH MANUFACTURER'S SPECIFICATIONS. 4 FOR PRODUCT ORDERING, DIVIDE NUMBER OF FEET NEEDED BY 9 33 TO OBTAIN THE NUMBER OF 10' PIECES NEEDED. STEEL EDGER - PERFORATED Scale: NTS Asphalt Specialties Company Landscape Palette FENCE SHALL BE VINYL HEIGHT: TBD STYLE: TBD COLOR TBD � i, FENCE -01 (OPAQUE) KU) Scale: NTS ��•�•�.�..�e�•i•iii'ii•�it ► 4t.'i'i•� eft≥ •••••:+44:44,41:t1+60•• ^,%, /4a°�000 t�.+4.4.404OS♦ eoeeee.♦♦O♦♦♦♦/ '••••••••� ' '4%.4.440.4........4.4.004.4 4 ♦ to +♦ ♦e♦♦ ee..♦♦♦♦♦O ••••dV�O•A ►ooitls4 �!r ♦.... 04.4 ♦e�e.e..♦ ♦ 4 �0•co.�°•'b�e�ot' �+.., . �°,000o..ot.e♦ • •e.e.♦ .i�.�►♦ �♦ • •4• �e,,Q •o: ,00+00040`'0000i�.°isvo°.00��♦�.♦.♦•�o♦istye♦+♦sty.•4 ♦♦�� vs' • •v F, ,o..*** °ioovs tt .0.aS e♦ee♦�i0 �►♦ ♦ 4, n.� ►• ••ti••• • + +++os000sss...•♦.00 o♦voi.♦ ♦i4.�•♦ •v olit• 1 +.8+0.++ otteo a. 4.00+ 4• �44 t 0 4044 /4444.4 p4a,►p SA �;.4). n 4.4101 ♦oo it+4 44�`��tt+ S':0 ,4. 4,o, a �. 4` 11 )4 �°'e ' ctie 4 v�``�f�+ ' C) 0��gg.``�,�[.�'� `��°� t e t �� - .r;;',tyr .k }: , ` ' C'i��^.B'r'®L4 �(�rY W 4+ Ask,: ea tern 1 w a+ ..a{a1 4 I•• s i. Y \ .i� ..` ;... •♦COY;... •..-•,/ • 7 ", 7',1►:.• !` i f. d�I �. t,) ►�o��o�o�y�oco�s4��♦r��r:.:.' oiy��000 mcoo oa'sitili::+,ens**e,+e eei4'1i.♦♦♦♦40•40 FENCE -02 FENCE SHALL BE CHAIN -LINK FENCE HEIGHT: TBD Scale: NTS NOTES 1 ALL LUMBER SHALL BE NO. 1 SELECT, ROUGH SAWN CEDAR AND SHALL BE SOLID, STRAIGHT, FREE FROM KNOTS_ SPLITS, SHAKES OR DISCOLORATION ALL CHAMFERED EDGES & ROUTED AREAS SHALL BE UNIFORM AND FROM FROM SAW MARKS 2 ALL NAILS. FASTENERS AND OTHER HARDWARE SHALL BE HOT DIPPED GALVANIZED NAILS SHALL BE SHANK 3 POSTS SHALL BE SECURELY BRACED IN THEIR FINAL POSITION A MIN 24 HRS BEFORE BOARDS ARE NAILED 8'0C MAX to 4- ' 2X6 CAP 2 - 2X6 TOP RAILS, SANDWICH PICKETS 1X8 PICKETS 6X6 POST. CHAMFER TOP 2 - 2X6 BOTTOM RAILS, SANDWICH PICKETS FINISH GRADE COMPACTED SJBGRADE CONCRETE FOOTING PER STRUCTURAL ENG MIN 2 FEET DEEP (7\\ FENCE-03 (OPAQUE, WOOD) Scale: NTS y ♦/ r SIGN Ste: NTS erste a SPECIALTIES CO% • ♦ 6' TAIL 11ETAL LETTERS coat TE 9a4 PANEL oaoR Q COO* TE BASE CaOR •t t' TAU METAL LETTERS 1CRAM%R CCNCRETE Sao PAt1 =OR Q YE TAL LOCO AN 1101t4TED TO SO4 PANEL r TALL CAL LETTERS ✓ Owstit cc ORE TI BASE COLOR n Asphalt Specialties Company Screening and Security Fencing Palett Off -Site Mitigation Planning Services recommends a Landscape and Screening Plan to mitigate the potential impacts on the Property Owner to the North Mitigation required for sweep of outbound vehicle, truck and equipment headlights onto adjacent property to the North based on the Department of Public Works approved Access Permit Location, AP19-00199 Recommended Landscape and Screening Plan requires an earth berm 10 feet in height (Property lies approximately 6 feet below County Road 6)positioned outside of future County Road 6 right-of- way utilizing an evergreen tree a minimum of six -feet in height as the backbone to the plant material screening. To complement the evergreen trees, Planning is also suggesting to install a variety of evergreen and deciduous trees and shrubs. Ise Requesting action by the Board of County Commissioners First, we are asking the Board to approve the Second Corrected Resolution approving USR16-0041 Second, we are asking the Board to accept a Deed of Dedication of right-of-way on the south side of County Road 6 which is necessary to accommodate the additional road improvements required by the Operator's USR permit. ird, we are asking the Board to approve the Operator's Improvements and Road Maintenance Agreement and to accept the Performance Bond and Maintenance Bond as required by the Operator's USR permit. S I ES CC 11/25/2019 WCR 6 Access Road EXHIBIT 2 a es8 2014'. into/ Asphalt Specialties Co., Inc. -- USR16-0041 1 Hist.:r'of ss Ro;1d 0 In Februtry 2S17, Hunt rthers Prerti s, Inc. closed on the purchase of the property. 0 At that time of the purchase, the closest p..sted speed hmft to the Property on V\/C"; 6 ras 5 mph. 11/25/2019 Asphalt Specialties Co , Inc -- USR16-0041 2 History f :'. CR 6 Acc ss R ® ASCU aplied for . Recori:ed Exe . pton ad Use by Special Review for approximately 40 acres on the ester _5 side fthai Pr.pertvO ® Roa. improvements, includin acceleration and deceleration lanes along 'CR , were designed and submitted tthe C.unty based on the 45 mph speed limit posted d.sest to the property© 11/25/2019 Asphalt Specialties Co , Inc -- USR16-0041 3 st ss ® T :fo Correcte ecor ed Exe ptions, RECX16- 0183 and RECX16-0184 were subsequently a • ro'ied a recur ed by e County. — RECX16-0183 amended the property boundaries of Lots A and s. by adding several acres to Lot A at its northeast corner along WCR 6. — This document also reflecte m.vement of the access road to the east approximately 750 feet. — The access point was approved and an Access Permit issued by Weld County in 2019 in AP19-00199. 11/25/2019 Asphalt Specialties Co , Inc -- USR16-0041 4 History f WCR 6 ccss • To Corrected Recor'• ed Exemptions, RECX16- 0183 and RECX16-O184 were subsequently approved . rnd recorded by \iveId County0 — RECX16-0184 divided the portion of the property south f FRICO's lateral canal into Lots A and B, with its Lot B included in the USR16-0041 map. 11/25/2019 Asphalt Specialties Co , Inc -- USR16-0041 5 story of ccess .`' 5 rd The .rgina t .,o ' EC s an US164I41 lat map were approved by the eld County ra rd of Cor ..� { , issi ners on • u._„ ust 7, 2017 These pa;':s included roadway improvements t® HJr ��CR 6 based on a 45 s ph speed limit that was then the closest poste. s eed limit ti.? the Pro erty on WC 6® 11/25/2019 Asphalt Specialties Co , Inc -- USR16-0041 6 In 2018, shortly after approval of the two original RECX and USR16-0041, new signs on `':`CR were posted by \i\,eI.County ajacent tthe Prrty with an increased speed limit of 55 mph. This incre1: sed speelimit rewired a crnplete redesign of the land use plan as well as reengineering of the roadway impri'iements ith longer acceleration and deceleration lanes. 11/25/2019 Asphalt Specialties Co , Inc -- USR16-0041 7 History of WCR 6 Access Road • ASCI has worked in good faith to make thirteen engineering submittals to Weld County concerning roadway improvements: — 1st Public Improvement Submittal 2017-12-18 — 2nd Public Improvement Submittal 2018-01-16 — 3rd Public Improvement Submittal 2018-04-19 — 4th Public Improvement Submittal 2018-07-30 — 5th Public Improvement Submittal 2018-08-13 — Approved Public Improvement Plans Submitted on 2018-08-24 — 6th Public Improvement Submittal 2018-11-28 1st layout south of CL — 7th Public Improvement Submittal 2019-01-11. 2nd layout south of CL — 8th Public Improvement Submittal 2019-03-13 — 9th Public Improvement Submittal 2019-04-29 — 10th Public Improvement Submittal 2019-05-20 — 11th Public Improvement Submittal 2019-06-28 — 12th Public Improvements, MHT's and Signed FRICO Approved Plans 2019-08-01 — 13th Resubmit Public Improvements and Signed FRICO Approved Plans on 2019-08-01 resubmitted on 2019-10-18 11/25/2019 Asphalt Specialties Co , Inc -- USR16-0041 8 II G ov FRIUnr wK, � '.r.l PTY. 44. . tt RAY 'RI ARO ,A MR ,. •, U.;Kam^ ...x..1....1. r� fI(� �H Yom; M ew Mr1R AP. 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'CUf � y \ \ 1-.414, 144 Iti 1' ,� I n nrw>MF ,i�-w :� ;(1Y%,::°.,;;',....71'W,I j.iN nuri[ �\—i]__—\ \7'r-.i E __ ' I l __ a '•12-'--e- �_‘1__- n.0 241 i�1 Y 41.4. 1a 110.11 " .41xr_ .H nv•40 4515 r6. 1 j 1145 e...1 1.00.101.00.10 4 . 1� 5 Penn 44140.404, 1444, l0444 .404 Gil 1 la 0.1 , o...,,r(°..1. 1,1.0 �C cV 1.144144,4 • 144 . 4.14,4114 4,41.14,12 '14 , en n i.,sl.r14 l \t ' ,.M TO 1:04441,4 0,144.411 If 41 Asphalt Specialties Co , Inc -- USR16-0041 i 11 J irliEj p L.�Q iY (a e t d 2 11 11/25/2019 Asphalt Specialties Co., Inc. -- USR16-0041 12 11/25/2019 Mis • • • ,, f. • rt 4r rY T r.• r 7 f -I S alt Jar Vers • I I r 4%.••••- m i�11 '1 1r` t Q s I ..• .Mr ti M • M ait n r _ Asphalt Specialties Co., Inc. -- USR16-0041 13 E C YxA-LL T T Yr T 11/25/2019 rt Asphalt Specialties Co , Inc -- USR16-0041 14 Asphalt Specialties Co., Inc. -- USR16-0041 11/25/2019 Asphalt Specialties Co., Inc. -- USR16-0041 18 From: Mary Maxwell <jacaranda1957gmaiI.com> Sent: Wednesday, October 23, 2019 8:12 Acv' To: Steve Ward <stevew@asphaltspeciafties.com> Subject: Thank you Thank you for sending your men to get rid of the tumbleweeds. Mary 11/25/2019 Asphalt Specialties Co., Inc. -- USR16-0041 19 Esther Gesick From: Sent: To: Cc: Subject: Prior to recording the USR map Bob Choate Monday, November 25, 2019 11:39 AM Barbara Kirkmeyer; Mike Freeman; Steve Moreno CTB; Kim Ogle; Tom Parko Jr.; Dawn Anderson Asphalt Specialties proposed condition of approval 3 S EXHIBIT c 1 tial#1 "The applicant shall provide a restrictive covenant or similar document demonstrating that Lot B of RECX16-0183 shall be limited to agricultural purposes for the life of the USR permit." Bob Choate Assistant Weld County Attorney 1 150 'O' Street, Greeley, CO 80632 (970) 336-7235 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e- mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 Hello