HomeMy WebLinkAbout20192499.tiffHEARING CERTIFICATION
DOCKET NO. 2019-106
RE: SHOW CAUSE, PCSC19-0005, CONCERNING USE BY SPECIAL REVIEW PERMIT,
USR16-0041, 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.
A public hearing was conducted on July 1, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway
Commissioner Scott K. James
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Selena Baltierra
County Attorney, Bruce Barker
Planning Services Department representative, Kim Ogle
Department of Public Works, Dawn Anderson
The following business was transacted:
I hereby certify that pursuant to a notice dated June 14, 2019, and duly published June 19,
2019, in the Greeley Tribune, a Show Cause, PCSC19-0005, hearing was conducted to show
whether good cause exists for revocation of Use by Special Review Permit, USR16-0041, 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, held by
Hunt Brothers Properties, Inc. He reviewed the Conditions of Approval (COA) and Development
Standards (DS) mentioned by the Board in the Probable Cause Resolution, and explained their
task is to show compliance. Bruce Barker, County Attorney, made this a matter of record.
Cc: PL(KO(TP), PC.O(fl&fTT), £.HC5F)
OcUri/ 19
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Kim Ogle, Department of Planning Services, presented a brief summary of the Probable
Cause hearing held May 8, 2019, to determine whether Hunt Brothers Properties, Inc.
("respondent") is in compliance with COA and DS included in USR16-0041. He provided the
adjacent County roads (CR) and mentioned the site is not in a floodplain, Airport Overlay District,
or a Geological Hazard Area. He explained the process began due to a complaint from a
surrounding property owner (SPO), which was based on three (3) items: Conditions of Approval
and Development Standards of the resolution for USR16-0041 not being met, operating without
the appropriate permits, and construction without the proper permits. He explained there are 14
COA that require attention prior to operation; COA #1.A -D, COA #1.F, COA #1.G, COA #1.H,
COA #5.A -B, COA #6.A -C, COA #7.A -B. Additionally, he stated DS #1, #8, #10, #11, #17, #20,
#25, #27, #28, #29, #31, #32, #33, #36, #37, #39, and #40 will require attention. He presented
images of the site and site plans corresponding with the COA and DS in question, and described
the respondent's efforts and submission of documents to attempt compliance. Lastly, he
introduced the staff and personnel present who were available to answer questions.
In response to Chair Kirkmeyer, Dawn Anderson, Department of Public Works, explained the
reasoning behind the drainage variance for the retention pond and indicated the pond meets the
setback requirements with proximity to the roadway. In response to Chair Kirkmeyer, there was
much discussion concerning moving the access without an amendment to the original USR,
including the changes to the buffer zone.
El Jonathan Pray, Asphalt Specialties, stated the respondent had made substantial efforts to
become compliant with all the aforementioned issues, since the Probable Cause hearing. He
clarified the site had never operated as a concrete or asphalt plant, and stated they would agree
to suspend operations until compliance is determined. He requested dismissal of the Show Cause
hearing and reviewed each of the Conditions in question and the efforts made to address each,
with the exception of the Improvements and Road Maintenance Agreements. Mr. Pray referenced
and described Exhibit J, which was distributed to the Board to describe the compliance efforts
and indicated there are two (2) Conditions not yet applicable to the site. He explained a draft of
the Improvements Agreement had been received from the County Attorney's office, but not yet
from the Farmers Reservoir and Irrigation Company (FRICO). He stated they had met with County
Staff and explained outstanding issues with FRICO and the County concerning a box culvert. He
further explained each of the aforementioned Conditions and Standards, their requirements and
the respondent's efforts to come into compliance. He referenced Section 2-4-50.O.1-6 of the Weld
County Code and read the factors the Board must consider prior to revoking or suspending a
permit. Mr. Pray reiterated the request for dismissal of the Show Cause hearing, or a 60 -day
continuance to work out the remaining issues.
In response to Commissioner Conway, Mr. Pray reiterated the site had not been operating
as an asphalt plant; however, there had been development activities occurring at the site to work
toward compliance with the USR permit. He clarified there had been aggregate processing and
stock piling also occurring at the site, and expressed they were operating the aggregate activities
in good faith with the understanding that it was a Use by Right. In response to
Commissioner Conway, Mr. Pray clarified the request to dismiss the Show Cause with the
exception of COA #1.F.
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a Mary Maxwell, surrounding property owner (SPO), indicated she had submitted pictures for
the record (Exhibits G and H) and restated the respondent had not complied with their permit, nor
protected the health, safety and welfare of surrounding residents. She expressed concerns with
dust, tumbleweeds, and relocating the access. She stated the site had been operating as an
aggregate site and referenced the images she submitted. She indicated the screening is
inadequate and stressed the dust issue. She described the images she submitted, including
images of the site the day before the hearing, and expressed additional concerns regarding runoff
and groundwater contamination. She reviewed the specific DS the respondent must comply with,
and expressed her opinion of the issue with the maintenance of the box culvert. She reiterated it
looked like the site was being used as an asphalt and concrete plant, and requested the Board
revoke the permit. She provided additional images to demonstrate the bright lighting at the site,
and in response to Commissioner Moreno, Ms. Maxwell further explained the bright lighting that
shines into her home at night. In response to Commissioner Conway, Ms. Maxwell reiterated the
images in Exhibits G and H were taken the day before the hearing, stated the stockpiles had
grown immensely over the last year, and reviewed what activity she had witnessed over the six
(6) weeks between the Probable Cause and Show Cause hearings.
a Mr. Pray addressed the concerns of Ms. Maxwell, and explained there are not any lights on
the site. In response to Commissioner Conway, Mr. Pray clarified there are no lights associated
with the site and in response to Chair Kirkmeyer, he indicated the visual changes to the site since
Ms. Maxwell took images, explained the delay in removing the silos and conveyors and stated
they are committed to mitigating the visual impact on an expedited basis. Chair Kirkmeyer stated
she lives within a mile of site and attested to the stock piles growing since December, 2018.
Mr. Pray referred to the most recent images of the site, in which the silos and conveyors were
dismantled. In response to Chair Kirkmeyer, he further clarified the conveyors are still on the site;
however, they are not in operation and explained the location from which the images were taken.
e In response to Commissioner James, Mr. Pray clarified only some of the piles will be for the
construction of the roadway and explained there was a period of time where aggregate was being
deposited and processed on the site, which they believed was a Use by Right. In response to
Commissioner James, the respondent and staff explained the inclusion of storage in the request
for a Mineral Resource Development Facility.
e In response to Chair Kirkmeyer concerning a gray silo displayed in a previously shown image,
Steve Ward, Asphalt Specialties, explained all but two (2) tanks were taken down to indicate the
site is inoperable. After additional discussion regarding the equipment dismantled on the site,
Mr. Ward described the materials required for asphalt, which are stored at the site. In response
to Chair Kirkmeyer, Mr. Pray indicated they will be paving the access road, described the
materials and stockpiles as depicted at the site, and explained the use of recycled asphalt. In
response to Commissioner Conway, Mr. Pray requested Mr. Ward provide follow-up information
on the amount of materials stored at the site that will be used for internal roads.
The Board determined it was appropriate to allow Ms. Maxwell to display images of the lights
(Exhibit J), as previously mentioned claiming the lighting is caused by Asphalt Specialties.
Ms. Maxwell referenced Exhibits G and H and described the images.
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A1 Mr. Pray reiterated with support from the site manager that there are no lights on the site.
He addressed the concerns of the proposed access, including safety and landscaping, suggested
a slower speed limit and mentioned they could add additional landscaping beyond the buffer zone.
In response to Chair Kirkmeyer, Mr. Ogle stated the entire access is not included in the USR
boundary as approved, and there was additional conversation to clarify the inclusions of the USR
and Recorded Exemption boundary.
Mr. Pray stated they were not aware of the tumbleweed issue; however, they are willing to
look at and address the issue. He indicated the majority of traffic along the ditch is generated by
FRICO. He addressed the dust control issue and stated any equipment associated with the
aggregate processing has Air Pollutant Emissions Notice (A.P.E.N.) Permits, which indicates it
does not violate state or federal permits. Mr. Pray explained the detention pond is to protect from
runoff, and in response to Commissioner Conway, he stated the design should prevent silt fill up.
IR The Board and staff clarified the purpose of landscaping and screening is to minimize the
visual impact of the operation.
IE Chair Kirkmeyer summarized the proceeding actions, and Commissioner James clarified the
purpose of the Show Cause hearing, and the inclusions of the USR. Chair Kirkmeyer stated the
applicant was operating with the USR prior to the permit being perfected. She reiterated the facility
was operating until the day before the hearing, and Commissioner Conway suggested removing
the Conditions that have been addressed or satisfied and continuing the Show Cause for the
remaining incomplete Conditions. Mr. Barker clarified the USR cannot be revoked or suspended
when it has not been perfected and the issues of non-compliance needs to be addressed as a
zoning violation. After further discussion, it was determined there was evidence the respondent
is still operating. Mr. Barker explained a zoning violation case would need to be taken to County
Court, for the purpose of seeking compliance with the USR. Chair Kirkmeyer explained the
respondent had approximately six (6) months remaining to get the plat recorded and suggested
dismissal of the Show Cause hearing.
Commissioner Conway moved to dismiss Show Cause, PCSC19-0005, concerning Use by
Special Review Permit, USR16-0041, 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, held by Hunt Brothers Properties, Inc.. The motion was
seconded by Commissioner Freeman. Commissioners Conway and Freeman expressed
appreciation for the public input and stated there is substantial evidence that the applicant is
working to get the USR perfected. Commissioner Moreno agreed with his fellow Commissioners
and Commissioner James questioned why the respondent did not attempt to complete the USR
prior to operation and encouraged them take the necessary actions to ensure compliance. Chair
Kirkmeyer agreed with Commissioner James and stated the applicant had agreed to abide by the
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HEARING CERTIFICATION - HUNT BROTHERS PROPERTIES, INC. (PCSC19-0005)
PAGE 5
Conditions of Approval and Development Standards but has not done so. She clarified there
should be no operations occurring on the site until the USR is perfected, explained the issues with
the landscaping and screening, as well as the access, and reiterated she lives in the area and will
report any violation once the USR is perfected. She thanked Ms. Maxwell for attending and
providing testimony. The motion carried unanimously and there being no further discussion, the
hearing was completed at 12:01 p.m.
This Certification was approved on the 3rd day of July, 2019.
ATTEST: drat ,41
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
APPROVED AS TO FORM
geo /C,,7„
A)54'- County Attorney
Date of signature: 09/lo/lq
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLOADO
,4(Uati-Lf- r -e(-)
Barbara Kirkmeyer, hair W
Mike Freeman, Pro-Tem
Steve Moreno
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