HomeMy WebLinkAbout20194860.tiffRESOLUTION
RE: ACTION OF THE BOARD CONCERNING REQUEST TO DIRECT DEPARTMENT OF
PLANNING SERVICES TO ACCEPT AND RECORD USE BY SPECIAL REVIEW MAP,
USR16-0041 - HUNT BROTHERS PROPERTIES, INC., C/O ASPHALT SPECIALTIES
COMPANY, 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 2nd day of
August, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Bramming Family Trust, and John G. Bramming Trust II, c/o Mary Alice
Bramming, Trustee, 2014 "J" Hooker Street, Denver, Colorado 80211, c/o Hunt Brothers
Properties, Inc. / Asphalt Specialties Company, 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:
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
WHEREAS, at said hearing, the Board approved the application, with specified conditions
of approval, which still need to be satisfied in order to perfect the USR prior to recording, and
WHEREAS, the Board has been presented with a request to direct staff to accept and
record the applicant's Use by Special Review map, subject to certain conditions, and
WHEREAS, the Board determined a Second Corrected Resolution with further revisions
to the Conditions of Approval and Development Standards was advisable, and therefore, the
direction to staff to accept and record the USR map is not necessary.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request to direct staff to accept and record the applicant's Use by
Special Review map, subject to certain conditions, be, and hereby is, dismissed.
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2019-4860
PL2460
DISMISS REQUEST TO DIRECT DEPARTMENT OF PLANNING SERVICES TO ACCEPT AND
RECORD USE BY SPECIAL REVIEW MAP, USR16-0041 - HUNT BROTHERS PROPERTIES,
INC., C/O ASPHALT SPECIALTIES COMPANY, INC.
PAGE 2
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.
ATTEST: diw;,1
Weld County Clerk to the Board
BY: epW
uty Clerk to the Board
APP AS
ounty Attorney
Date of signature: a/toct
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COL'RADO
G(AJAV 1 _
Barbara Kirkmeyer, ' hair
Mike Freeman, Pro -Tern
/&
RECUSED
Sean P. Conway
CUSED
ott K. James
Steve Moreno
2019-4860
PL2460
DRAFT RESOLUTION
RE: DIRECTING DEPARTMENT OF PLANNING SERVICES TO ACCEPT AND RECORD
USE BY SPECIAL REVIEW MAP, USR16-0041 - HUNT BROTHERS PROPERTIES,
INC., C/O ASPHALT SPECIALTIES COMPANY, 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 2nd day of
August, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Bramming Family Trust, and John G. Bramming Trust II, do Mary Alice
Bramming, Trustee, 2014 "J" Hooker Street, Denver, Colorado 80211, do Hunt Brothers
Properties, Inc. / Asphalt Specialties Company, 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:
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
WHEREAS, at said hearing, the Board approved the application, with specified conditions
of approval (COA) including:
• COA 1.B requiring the applicant to "submit the signed Mylar for Recorded
Exemption No. RECX16-0183 and Recorded Exemption No. RECX16-0184; and
• COA 1.D requiring the applicant to submit a Landscaping/Screening Plan"; and
• COA 1.F requiring the applicant to sign an "Improvements and Road Maintenance
Agreement"; and
• COA 6.A requiring the applicant to submit construction drawings for off -site
roadway improvements; and
• COA 6.6 requiring the applicant to construct multiple auxiliary lanes on County
Road (CR) 6, and
2019-4860
PL2460
DIRECT DEPARTMENT OF PLANNING SERVICES TO ACCEPT AND RECORD USE BY
SPECIAL REVIEW MAP, USR16-0041 - HUNT BROTHERS PROPERTIES, INC., C/O
ASPHALT SPECIALTIES COMPANY, INC.
PAGE 2
WHEREAS, in accordance with COA 1.B, the applicant submitted the Recorded
Exemption Mylars for RECX16-0183 and RECX16-0184, which were then recorded on
December 13, 2017, at Reception Nos. 4359938 and 4359937, respectively, and
WHEREAS, in accordance with COA 6.A, the applicant submitted construction drawings
for the auxiliary lane improvements to CR 6; however, upon review of the drawings and comment
by the Farmers Reservoir and Irrigation Company (FRICO), which owns the Bull Canal north of
and adjacent to CR 6, County staff agreed that CR 6 would have to be widened solely on the
south side of the existing CR 6 right-of-way (ROW) so as not to interfere with FRICO's ditch rights,
and
WHEREAS, this necessary change to the construction plans required the applicant to
redesign the auxiliary lanes on CR 6, and in order to meet the taper lengths and other safety
features required by the Department of Public Works, the site access location needed to be moved
approximately 740 feet east of the previously approved access location, and
WHEREAS, because the new access location was not within Lot A of Recorded
Exemption RECX16-0183 or RECX16-0184, the applicant submitted and the Department of
Planning Services accepted and recorded, Corrected Recorded Exemptions RECX16-0183 and
RECX16-0184, which were recorded on September 27, 2018, at Reception Nos. 4434374 and
4434373, respectively, notwithstanding that this expanded the eastern boundary of the lots upon
which the Board approved the Use by Special Review Permit, and
WHEREAS, the applicant has submitted a landscaping/screening plan in compliance with
COA 1.D; however, the Corrected Recorded Exemption lots do not provide sufficient space to
include all necessary landscaping/screening described in the plan, but the applicant has
submitted Second Corrected Recorded Exemptions to accommodate the plan, and
WHEREAS, the applicant has submitted updated construction drawings in compliance
with COA 6.A, which are based upon the updated access location, which has been permitted by
the Department of Public Works under Access Permit No. AP19-00199, and
WHEREAS, the updated construction drawings require additional ROW to be dedicated
on the south side of CR 6, and the applicant has submitted a Deed of Dedication for consideration
and acceptance by the Board, and
WHEREAS, the Board finds as follows:
1. The applicant is not currently in violation of the Weld County Zoning Code.
2. The applicant has met, or can meet, all of the conditions of approval required prior
to recording the USR map.
3. It is appropriate for the Department of Planning Services to accept and approve
the applicant's USR map, subject to certain conditions.
2019-4860
PL2460
DIRECT DEPARTMENT OF PLANNING SERVICES TO ACCEPT AND RECORD USE BY
SPECIAL REVIEW MAP, USR16-0041 - HUNT BROTHERS PROPERTIES, INC., C/O
ASPHALT SPECIALTIES COMPANY, INC.
PAGE 3
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Director of the Department of Planning Services is hereby directed to
accept and record the applicant's Use by Special Review map, subject to the following conditions:
1. The applicant shall submit a Deed of Dedication of ROW as necessary to
accommodate the improvements to CR 6 for approval and recording by the Board
of County Commissioners.
2. The applicant shall submit an Improvements and Road Maintenance Agreement
for approval by the Board of County Commissioners.
3. The applicant shall submit Second Corrected Recorded Exemptions
RECX16-0183 and RECX16-0184 for approval and recording by the Department
of Planning Services. The Second Corrected Recorded Exemptions shall include
the Access Permit No. AP19-00199 and the reception number for the recorded
Deed of Dedication.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the fo ing vote on the 25th day of November, A.D., 2019.
BOARD OF COUNTY COMMIS • ERS
WELD COUNTY, COLO
ATTEST:
eyer, Chair
Weld County Clerk to the Board
Mike Fre-' an, Pro-Tem
BY:
Deputy Clerk to the Board
APPROVED AS I FORM:
County Attorney
Date of signature:
Sean P. Conway
Scott K. James
Steve Moreno
2019-4860
PL2460
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