The URL can be used to link to this page

Browse Search

Home My WebLink About20192494.tiffRESOLUTION RE: ACTION OF BOARD AT SHOW CAUSE HEARING, PCSC19-0005, TO SHOW WHETHER CAUSE EXISTS FOR REVOCATION OF USE BY SPECIAL REVIEW PERMIT, USR16-0041 - HUNT BROTHERS PROPERTIES, 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, on July 1, 2019, a Show Cause Hearing was conducted to consider revocation of Use by Special Review Permit, USR16-0041, issued to Hunt Brothers Properties, Inc., 10100 Dallas St., Henderson, Colorado 80640, and WHEREAS, Hunt Brothers Properties, Inc., is the current owner of the facility located on property being further 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, and part of the E1/2 NW1/4 east of railroad and south of Bull Canal Exc UPRR RES all West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing of July 1, 2019, the Planning staff provided a summary of the actions taken by the property owner to address or demonstrate compliance with the following Conditions of Approval and Development Standards: 1. Conditions of Approval to be met 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 Recorded Exemption No. RECX16-0183 and 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." C.c. PL(m0(1(5), Pw(DAITJ3, EA -1c SP), c .C96/ec), GZPPL O9/l?/19 2019-2494 PL2460 SHOW CAUSE HEARING (PCSC19-0005) - HUNT BROTHERS PROPERTIES, INC. PAGE 2 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. 5. Conditions of Approval to be met 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. Conditions of Approval to be met prior to prior to Operation: A. Accepted construction drawings and construction of the off -site roadway improvements are required. B. The applicant shall construct a westbound left deceleration lane on County Road 6 and an eastbound right deceleration lane on County Road 6 at the facility access. 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. 2019-2494 P L2460 SHOW CAUSE HEARING (PCSC19-0005) - HUNT BROTHERS PROPERTIES, INC. PAGE 3 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. During the Probable Cause Hearing, the Board of County Commissioners determined there was non-compliance with the following USR16-0041 Development Standards #1, 8, 10,11, 17, 20, 25, 27, 28, 29, 31, 32, 33, 36, 37, 39, and 40: 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." 8. "The parking area on the site shall be maintained." 10. "The landscaping/screening on the site shall be maintained." 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." 17. "The applicant shall submit an Air Pollution Emission Notice (A. P. E. N.) and Emissions Permit Application and obtain a permit 2019-2494 PL2460 SHOW CAUSE HEARING (PCSC19-0005) - HUNT BROTHERS PROPERTIES, INC. PAGE 4 from the Colorado Department of Public Health and Environment, Air Pollution Control Division, as applicable." 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." 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." 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." 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." 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." 2019-2494 PL2460 SHOW CAUSE HEARING (PCSC19-0005) - HUNT BROTHERS PROPERTIES, INC. PAGE 5 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." 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." WHEREAS, after hearing all testimony presented, the Board determined that the USR Permit had not been perfected or the plat recorded, therefore, it could not be suspended or revoked, thus the board deemed it advisable to dismiss said Show Cause hearing, with direction to staff to pursue the matter as a zoning violation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that based on evidence provided by the Department of Planning Services and testimony from the property owner, Use by Special Review Permit, USR16-0041, issued to Hunt Brothers Properties, has not been perfected nor recorded and said Show Cause hearing be, and hereby is, dismissed, with direction to staff to pursue the matter as a zoning violation. 2019-2494 PL2460 SHOW CAUSE HEARING (PCSC19-0005) - HUNT BROTHERS PROPERTIES, INC. PAGE 6 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of July, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WELOUNTY. COYORADO ATTEST: ditiwo jelsto;4, Weld County Clerk to the Board BY: eputy Clerk to the Board APP' . ' , D AS TO Bafbara Kirkmeyr, Chair Mike Fre . James ounty At .rneY Steve Moreno Date of signature: og/3o/Iq 2019-2494 PL2460 To: From: Subject: Date: MEMORANDUM Board of County Commissioners Kim Ogle, Planning Services Show Cause for USR16-0041 16-0041 Hunt Brothers Properties, Inc. dba Asphalt Specialties Company, Inc. d o Daniel Hunt July 1,2019 SHOW CAUSE CASE SUMMARY CASE NUMBER: PCSC19-0005 NAME SITUS: LEGAL Hunt Brothers Properties, Inc. dba Asphalt Specialties Company, Inc., c/o Dan Hunt,10100 Dallas Street, Henderson, CO 80640 TBD County Road 6, Erie, CO Lot A 2nd Corrected R E C 16-0163 and Lot B 2nd Corrected R ECX16-0164 being part of the N2 of Section 25, Township 1 North, Range 68 West of the 6tri P.M., Weld County, Colorado TOTAL ACREAGE: +1- 46 acres LOCATION: TIMELINE: November14, 2017 March 8, 2017 April 2019 Approximately 1300 feet west of County Road 13; South of and adjacent to County Road 6 USR application submitted USR16-0041 conditionally approved by the Board of County Commissioners Anonymous complaint received from a surrounding property owner and there are concerns raised by the Departments of Public Works and Building Inspection staff for the activities and uses on your property that may not be in compliance with USR16-0041 The following is a summary of the complaint: 1. Conditions of Approval as itemized in the Board of County Commissioners Resolution dated March 8, 2017, not being met 1 SERVICE, TEAMWORK, INTEGRITY, QUALITY April 15, 2019 April 15, 2018 BACKGROUND: Zoning: USR16-0041 SUMMARY: 2. Operating without the appropriate Permits 3. Construction of the Facility without obtaining the appropriate Electric, Building and Public Works permits and approvals 10 -Day Letter sent via certified mail for Probable Cause Hearing Probable Cause Hearing Outcome: Schedule a Show Cause Hearing on July 1, 2019 at 9:00 a.m A (Agriculture) Conditionally approved for a Site Specific Development Plan and Special Review Permit for a 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 This case was conditionally approved by the Board of County Commissioners on March 8, 2017 1. Conditions of Approval to be met 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. The Department of Public Works issued an Industrial Access Permit # AP19-00199 on June 11, 2019 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 Recorded Exemption No. REC1 b- 0183 and Recorded Exemption No. R EC 16-0184 to the Department of Planning Services for recordation. The applicant working with the Departments of Public Works and Planning have submitted revised 2nd Corrected R EC 183 and 2riciCorrected R EC 184 survey plats to address the approved and permitted Industrial Access for recording. 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." The applicant working with the Department of Planning Services has submitted a Lighting Plan, a Photometric Lighting Study and a Luminaire schedule for seventeen (17) fixtures up to 20 -feet in height per the accepted lighting Plan dated June 13, 2019. 2, SERVICE, TEAMWORK, INTEGRITY, QUALITY 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. The applicant working with the Department of Planning Services has submitted a Landscape Plan which details the plant material layout, the fencing details and the location of the monument sign. The Landscape Plan consists of Rocky Mountain Juniper, Black Pine and Scotch Pine sited in a naturally occurring irregular clump and gap of plant material serving as the backbone on the ten -foot in height earth berm. The common Hackberry, Burr Oak and three -leaf sumac serve as accent plant material. Low growing sea green juniper and Hughes juniper compliment the plant palette. The applicant has also worked with the Department of Public Works in identifying an acceptable seed mix for the earth berm, areas of disturbance and the stormwater pond areas. The Landscape, Lighting, Fencing and Facility Sign plan dated June 13, 2019 is accepted by Planning Services. 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. Representatives for the applicant have been working with FRICO for a period of time to obtain a crossing agreement. A meeting was held as recently as Thursday June 27, 2019 to address this issue. The applicant's representative is prepared to address the current status. 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. Representatives for the applicant have been working with FRICO and Weld County for a period of time to obtain a maintenance agreement for the County Road 6 Bull Canal box culvert. The agreement with FRICO drafted by the FRICO Attorney was to have been provided to the applicant late last week. Weld County also provided the applicant with the agreement to address on -site and off - site improvements late last week. The applicant's representative is preparing an updated Construction Schedule and Cost Estimate for the facility and collateral per agreement. The applicant's representative and the Department of Public Works will address the current status of the Improvement Agreement. C. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. The Department of Public Works issued the Grading Permit # GRD19-0028 on June 7, 2019 The Department of Public Works approved the Drainage Report on June 7, 2019 The Department of Public Works approved the Drainage Variance for retention on June 6, 2019 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 applicant submitted a letter dated May 19, 2016 from Central Weld County Water District and a 3. SERVICE, TEAMWORK, INTEGRITY, QUALITY letter from Northern Colorado Water Conservancy District dated April 7, 2017. The Order for Conditional inclusion of lands within the boundaries of the Norther Colorado Water Conservancy District was signed by the Court, Chief Judge James F. Hartmann on April 27, 2017. An approved Tap Agreement for a 3/4 -inch diameter line for potable water for the parcel with the office and shop building was permitted under Water Agreement No. 3236 dated October 20, 2017. 5. Conditions of Approval to be met prior to prior to Construction A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.. The Department of Public Works issued the Grading Permit # GRD19-0028 on June 7, 2019 B. The approved access and tracking control shall be constructed prior to on -site construction. The Department of Public Works issued an Industrial Access Permit # AP 19-00199 on June 11, 2019 6. Conditions of Approval to be met prior to prior to Operation A. Accepted construction drawings and construction of the off -site roadway improvements are required The applicant submitted stamped Construction Drawings to the Public Works Department on June 4, 2019. The applicant has submitted revised Public Improvements Plans, Construction Drawings for roadway improvements, and has also submitted Traffic Plans accompanied by a comment letter from the applicant's engineer to the Public Works Department for final review and acceptance. The right-of-way Deed of Dedication and Legal description was submitted on June 17, 2019 to the Public Works Department for processing and approval by the Board of County Commissioners. B. The applicant shall construct a westbound left deceleration lane on County Road 6 and an eastbound right deceleration lane on County Road 6 at the facility access. The applicant submitted stamped Construction Drawings to the Public Works Department on June 4, 2019. The applicant has submitted revised Public improvements Plans, Construction Drawings for roadway improvements, and has also submitted Traffic Plans accompanied by a comment letter from the applicant's engineer to the Public Works Department for final review and acceptance. The right-of-way Deed of Dedication and Legal description was submitted on June 17, 2019 to the Public Works Department for processing and approval by the Board of County Commissioners. 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. The applicant submitted their Emergency Action and Safety Plan with the Office of Emergency Management and the Brighton Fire District, signed by all parties dated June 19, 2019. 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. The applicant will extend potable and fire flow water to the site with construction of vertical 4. SERVICE, TEAMWORK, INTEGRITY, QUALITY improvements associated with the shop building and quality control lab building. The applicant will permit through the Weld County Department of Public Health and Environment the design for an engineered septic (OWTS) system and undertake construction during construction of the vertical improvements. 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 Mass V requirements. Comment: The applicant will submit either a letter from the EPA stating they are not subject to the EPA Class V requirements or submit a permit from this agency. This condition is a requirement of the Certificate of Occupancy. During the Probable Cause Hearing, the Board of County Commissioners determined there was non- compliance with the following UBR19-0041 Development Standards #1, 3, 10,11, 17, 20, 25, 27, 28, 29, 31, 32, 33, 36, 37 39, and 40: I. "The Site Specific Development Plan and Use by Special Review Permit UBR16-0041, 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." Comment The applicant has not operated and is yet to operate an asphalt plant from this property. Operations occurring on site are confined to activities necessary for the development of the site in accordance with the Special Use Permit. 8. "The parking area on the site shall be maintained." Comment: The parking area associated with the internal parking areas has not been constructed. 10. "The landscaping/screening on the site shall be maintained." Comment: The Landscape, Lighting, Fencing and Facility Sign plan dated June 13, 2019 is accepted by Planning Services. The landscape construction schedule proposed by the applicant anticipates (a) installation of plant material and fencing along the berm and yard area within the earlier of 60 days of recording of the USR or October 31, 2019; and (b) installation of plant material along WCR 6 within 60 days of completion and acceptance of the roadway improvements by Weld County 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." Comment: The applicant submitted their Emergency Action and Safety Plan with the Office of Emergency Management and the Brighton Fire District, signed by ail parties dated June 19, 2019. The plan is required to be reviewed again First Quarter 2020. 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 5 SERVICE, TEAMWORK, INTEGRITY, QUALITY Division, as applicable." Comment: The applicant submitted the initial APEN application to CDPHE on January 28, 2019. Comments were received back on February 13, 2019. The applicant's consultant completed CO Modeling and submitted results to the Air Pollution Control Division on June 17, 2019. No further correspondence has been received. 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." Comment: The applicant indicates a contract was let for containment design and plan. Prior to operation of the facility, secondary containment will be constructed to meet the provisions of the State Underground and Above Ground Storage Tank Regulations, as applicable. 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." Comment: The applicant will permit through the Weld County Department of Public Health and Environment the design for an engineered septic (OWTS) system and undertake construction during construction of the vertical improvements, including the shop building and lab budding. 27. "A permanent, adequate water supply shall be provided for drinking and sanitary purposes." Comment: An approved Tap Agreement for a 3/4 -inch diameter water line for potable water for the parcel with the office and shop building was permitted under Water Agreement No. 3236 dated October 20, 2017. The applicant will extend potable and fire flow water to the site with construction of vertical improvements associated with the shop building and quality control lab building. 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." Comment: The applicant will permit through the Weld County Department of Public Health and Environment the design for an engineered septic (OWTS) system and undertake construction during construction of the vertical improvements, including the shop building and lab building. 29. "The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code." Comment: The applicant at the March 8, 2017 Board of County Commissioner Hearing indicated that they understood the Conditions of Approval and Development Standards and would abide by them if approved. 81. 'The access on the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking." Comment: The Department of Public Works issued an Industrial Access Permit # AP 10-00100 on June 11, 2 019. The Access Road has been constructed and inspected by representatives for Public Works. 32. "There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized." Comment: There is no parking or staging of vehicles on public roads, 6. SERVICE, TEAMWORK, INTEGRITY, QUALITY 33. "The historical flow patterns and runoff amounts on the site will be maintained." Comment: The Department of Public Works issued the Grading Permit # GFAD19-0028 on June 7, 2019; approved the Drainage Variance for retention on June 6, 2019 and approved the Drainage Report on June 7, 2019, 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." Comment: The applicant has applied for the following Building Permits: BCV19-00025 — Building Violation — Parcel 146725100052 & 146725100053 Equipment that requires a building permit has been added to the site without obtaining a building permit. Some of the equipment includes silos and conveyor belts. CME10-0063 — Commercial Electrical Permit — Issue Hold Install New 1600 Amp Service, 195 SF MCC Electrical Equipment Room and Generators for Asphalt Batch Plant Site Electrical - Asphalt Specialties Co / UBR10-0041 - Already Built - Bcv19-00025 CMN19-0050 19-0050 — Commercial Construction Permit — Issue Hold New 1400 SF Asphalt Batch Plant on slab - Includes (1) Control Center on skid, (3) Storage Silos - (1) Scale (1) Asphalt Burner and Drum Assembly (1) Asphalt Conveyor, (1) Vertical Asphalt Storage Tank, (1) Storage Tank /Secondary Containment Structure, Electrical Equipment, Portable Storage Trailer, (1) Baghouse, Hoppers, (1) Silo and Cold Feed Bins- Electric Permitted Separately- Asphalt Specialties Co I USR16-0041 R 1 S-0041 - Already Built - BC '19-00025 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." Comment The applicant at the March 8, 2017 Board of County Commissioner Rearing indicated that they understood the Conditions of Approval and Development Standards and would abide by them if approved 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." Comment: The applicant at the March 8, 2017 Board of County Commissioner Hearing indicated that they understood the conditions of Approval and Development Standards and would abide by them if approved 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." Comment: The applicant at the March 8, 2017 Board of County Commissioner Hearing indicated that they understood the Conditions of Approval and Development Standards and would abide by them if app roved 7. SERVICE, TEAMWORK, INTEGRITY, QUALITY NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing 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 80631, at the time specified. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior of the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 400-4225, prior to the day of the hearing. 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 #: 2019-106 DATE: July 1, 2019 TIME: 9:00 a.m. APPLICANT: Hunt Brothers Properties, Inc. 10100 Dallas St. Henderson, CO 80640 REQUEST: Show Cause Hearing, PCSC19-0005, to show whether good cause exists for revocation of 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 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 Exc UPRR RES of the 6th P.M., Weld County, Colorado ISSUE: Whether or not the Permit holder is in compliance with the following Conditions of Approval and/or Development Standards: Conditions of Approval: 1.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. 1.6 The applicant shall 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 to address the new point of access associated with the modified site improvements. 1.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." 1.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. 1.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. 1.G Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. 1.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. 5.A If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required 5.B The approved access and tracking control shall be constructed prior to on site construction 6.A Accepted construction drawings and construction of the off -site roadway improvements are required. 6.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. 6.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.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. 7.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. Development Standards: 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. 8. The parking area on the site shall be maintained. 10. The landscaping/screening on the site shall be maintained. 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. 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. This 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. 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. 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. 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. Department of Planning Services for recordation to address the new point of access associated with the modified site improvements. 1.C 1.D 1.F 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 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. 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. 1.G Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. 1.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. 5.A If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required 5.B The approved access and tracking control shall be constructed prior to on site construction 6.A Accepted construction drawings and construction of the off -site roadway improvements are required. 6.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. 6.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.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. 7.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. 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. 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 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. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: June 14, 2019 PUBLISHED: June 15, 2019, in the Greeley Tribune NOTICE Pursuant to the zoning laws of the hearing will be held in the Chambers of t Colorado, Weld County Administration E Colorado 80631, at the time specified. If a court reporter is desired, pleas, days prior of the hearing. The cost of eng; party. In accordance with the Americans required in order for you to participate in Office at (970) 400-4225, prior to the day The complete case file may be exa Commissioners, Weld County Administrat E-mail messages sent to an individual Cr ensure inclusion of your e-mail corresi egesick@weldgov.com. DOCKET #: 2019-106 DATE: July 1, 2019 TIME: 9:00 a.m. APPLICANT: Hunt Brothers Properties, Inc. 10100 Dallas St. Henderson, CO 80640 REQUEST: Show Cause Hearing, PC' revocation of Use by Special Review Per Facilities including an Asphalt Batch Plant permitted as a Use by Right, Accessory Industrial Zone Districts, (heavy equipmr quality control lab, liquid asphalt storac equipment parking, staging and storage a.. from public rights -of -way and adjacent pr approved or recorded subdivision plat or regulations controlling subdivisions in the U.S. POSTAGE>> PITNEY BOWES RECEIVED LEGAL DESCRIPTION: Lot A of Recorc c co tio Exemption, RECX16-0184; being part of t a o West, and part of the E1/2 NW1/4 east of om co 6th P.M., Weld County, Colorado w ° 1-W o ISSUE: Whether or not the Permit hole o l_ w Approval and/or Development Standards:, Y o o J cc mLU Conditions of Approval: c.)LU Lu ',= oa o 1.A The applicant shall provide the De for an Access Permit for the nurr Commissioners and place the Aco, 1.B The applicant shall submit the sigr RECX16-0183 and 2ND Correct z O rA co z I- z O Lqi w O fis w • U CO O CO 1 0 Co O w w sees/2s/1s ut t tu Q o*. • L. • 000 uJ H et, zLJw ..•• H ie .% }tt. I u.. tl teartzl Vr T4 74 K ka Affidavit of Publication STATE OF COLORADO County of Weld, I Jennifer Usher of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, SS. 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 contained in the Fifteenth day of June A.D. 2019 and the last publication thereof: in the issue of said newspaper bearing the date of the Fifteenth day of June A.D. 2019 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. June 15, 2019 Total Charges: $74.71 15th day of June 2019 My Commission Expires 08/13/2022 Notary Public VICKIE G GARRETTS NOTARY STATE OF COLORADO NOTARY ID 20144031754 MY COMMISSION EXPIRES AUGUST 13, 2022 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County CCode, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 0 Street, Assembly Room, Greeley, Colorado 80831, at the time specified. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days priorof the hearing. The cost of engag- ing a court'reporter shall be borne by the requesting party. In accordance with the Americans with, Disabilities Act, if special accom- modations are required in order for you to participate in this hearing, please contact the Clerk to the BoardSH?"'s Office at (970) 400- , Odor to the day of the hearing.. . *case file maype,examined inthe office.of the Clerk to the Board of County Commissioners, Weld County.Adminiatra- ,5O eet-Greeley, Colorado 80631. E-mail:m il messages sent to an individual Commissioner may notbduded.in_ re. O'� ensure inclusion of your e-mail correspondence into the case file, please send a copy to egesickOwekigovcor. "20'('8,106 1,•2019 am. • Properties,Inc. 10100 +alias $t. Henderson, C060640 f QUE8Tr . Sifowtause Heahng PCSG19.0005, to show whethergood cause. exists for revocation of Use by Special Review.Per- mkt} USR18-0041, for -Mineral iftesoUnie„Devetopment Facilities including an Aaphalt Batch Plant; Asphalt and Concrete Recycling Operations; arty'Use pentpted as a Use try RibYllight, Agqooeessssoory Use, or Use by i"5ecial Review in the Commercial or Industrial Zone Disptcts, (heavy m strop, administrative officebuilding, quality control lab; liquid a$phattstorage, company fuel- . ing station and o r truck and age t parking, staging and sf rageand raw and, processed material fora a when screened. from public rights -of -way and adjacent properties) provided That the property is hat a' lot in an epptbwptto subdivision pia(-; or part.of a tit olart'Tied prior to adoption of any regulation; controlling subdivisions In the A (Agdcultgral) Zone District LEGAL DESCRIPTION: tot A ofFileco ed Exemption, REC 6.0183, and Lot A of RecordedExemption, 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 of the 6th P.M., Weld County, Colorado ' ISSUE: Whether or not the Permit holder is In compliance with the following Conditions of Approval and/or Development Standards: Conditions of Approval: • 1.A The applicant shall provide the Department of Public Works with an updated application for an Access Permit for the number of access(es) aorovid by the Board of County Commissioners and place the Access Permit Number, on the USR map: 1.8 The applit shall submit the signed Mylar for 2ND Corrected Recorded Exemption No. RECX16-0183 and 2ND Corrected Re- corded Exemption No. RECX16-0184 to the Department of Planning Services for recordation to address the new point of access as- sociated with,the'mOlliedsite improvements. 1.C The apptitiantshallSubmit a Lighting Plan to the Department of Planning Services, for review and approval. Any tOtting poles .. and lamps shall comply with Section 23.3-360.F. which' states, in part, that, a8ceany lighting,shall be designed, to and operated in such a manner as to meet the ollowing standards: souroes'of light shall be shielded so that beams ortays of light will not shine di- rectly onto adjacent properties.. 1.D The applicant shall submit an updated Landscaping/Screening.Plan to the Department of Planning Services for review and ap- proval. 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. 1.F An Improvements and Road Maintenance Agreement is required for off site improvementsat this location. Road maintenance, in- cluding dust control, damage repair, specified haul routes and future traffic triggers for improvements will be included. 1.G Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. 1.H The applicant shall submit written evidence of meeting all of the requirements -of the. Central Weld County Water District and evi- dence each parcel associated with the facility has an adequate water supply of sufficient quality, quantity and dependability. 5.A If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required . 5.B The approved access and tracking control shall be constructed prior to on site construction 6.A Accepted construction drawings and construction of the off -site roadway improvements are required. 6.8 The applicant shall copstruct 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. 6.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 anrNal basis by the Facility Operator, the Fire District and the Weld County Office of Emer gencylelanagement. Submit evidence of acceptance to the Department of Planning Services. 7.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 septicsystem is required to be designed by a Colorado Registered Professio- nal Engineer according to the Weld County On -site Wastewater Treatment System Regulations. ' 7.8 The applicant shall submit evidence of an Underground Injection Control (UIC) Class V Injection Well permit from the Environs. - mental 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. Development Standards: ' 1. The Site Specific Development Plan and Use by Special Review Permit, USR16-0041, is for Mineral Resource Development Facili- ties 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 of- fice 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. 8. The parking area on the site shall be maintained. 10. The landscaping/screening on the site shall be maintained. 11. The: property owner or operator shalt 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. 17. The aapppplicant 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. This C" shall adhere to the maximum permissible noise levels allowed in the Residential Zone, as delineated in Section 14-9- 30 ofthe Weld County Code, as'measured at the property line of the adjacent residentiallots. In all other locations, the facility shall adhere to the maximum permissible noise levels allowed in the tight Industrial Zone District, as delineated In Section 14-9-30 of the . Weld County Code. 20. Secondary containment shall be constructed around tanks'to provide containment for the largest single tank and sufficient free • - board to contain precipitation. Secondary containment shallbe'suificiently 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. 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) Reguula . lions. 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 applicablerules and regulations of state and federal.agenctes and 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 amounteon the site will be maintained. ' 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 Ap- plication 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 Propeity owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code 39. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards' and all ap- plicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or staled, 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 per fitted.Any other changes shall belied in the office of the Department of Planning Services. 40. The properly owner. or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompli- ance with any off the foregoing Development Standards may be reason for revocation of the Pernit.by the Board of County Commis- sioners. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: June 14, 2019 The Tribune June 15, 2019 cc cc C L1J 0 cc z C PCSC19-0005 0_ ICJ ADDRESS 2 ADDRESS 1 W C z rn LJl 4O Isi r -I CO LD 1.D O ✓ ifJ CD C) CO tri me �O Lin CsJ I..O C LJ1 LJ1 LD 0 0 0 O O in 0 0 0 OD 00 00 00 O0 I co co OQ O LLI C J 13738 STAR CREEK DR C W li L1J O Lu LU LO CC CC ei oo Ill Lin J _I J �1 Un Z _O 0 l J 5 5 L1J L1J < C CC CC O 0 (M V) d z z O O L1J LJJ CC Ce .. L) W w cc Ie 0 z 0 C z C C O ti DENVER CO 1600 BLAKE ST H 0 a 0 d Ic I. a cc J z U CC O U 2 C 583 S 22ND AVE Ic LJJ cc C 2 C 2 2 d D ROWLETT TX 1900 DALROCK RD Cio KE ANDREWS AND CO COORS ENERGY CO FREDERICK CO 8120 GAGE ST VARRA COMPAN 0 LU LU 5056 CR 6 U 0 ran 2 O 2 I z 0 C w LU H HENDERSON CO 10100 DALLAS ST U z 111 L 1J CC LU CL cc CC I C CO z z J 0 Lu U- Ct U a laW a C C T Jc Z/ { L L 0 � U/�� i3 C • a) C a L CD a a 2 a C a I 1) c I a 2 O U U) I I C U C C0 -13 U ra a_ Ira JC co 2 r ID U JH V I- 1lv 0 `0 a) lan a ra vi I- 1 ro a) tin 4-0 a) Jc 4--+ ari 0 C O I ck '-I U U 0 tv a) E 2 In C4 C .a U U a) 0 Qffi Cr C CN CU.‘ a) I 0 ra rn tin r -I 4 Jc (15 C a aJ 4 a) IO Dated the 13th day of June, 2019 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 6/10/2019 4:34:56 PM THE UNDERSIGNED, States that to the best o€ 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 Date Account Parcel Owner - Mailing Address RECREATIONAL LLC STORAGE SOLUTIONS 2 R6783936 146724300005 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 I S 5817 ERIE, COUNTY ROAD CO 805168200 6 88946877 146724400016 VUE SI-{OUA L R8946877 146724400016 5817 ERIE, COUNTY CO 805168200 ROAD 6 - VUE YO NOG E R6777334 146724400085 VUE SHOUA L R6777334 146724400085 VUE YONGGE GG E 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 Parcels: 11 Owner Records: 13 Page 1 of 3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 6/10/2019 4:34:56 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://wycndv.co.weld.caus, 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 6 U- 9,AL.t1/4.001 Signature kO -1,Ln Date Account Owner Mailing Address Parcel 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 86778257 146725400061 REGIONAL TRANSPORTATION DISTRICT 1600 DENVER, BLAKE ST CO 802021324 Parcels: 11 Owner Records: 13 Page 2 of 3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 6/10/2019 414:56 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://vvww.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 Parcels: 11 Owner Records: 13 Cct: Signature to". k,b~tpl Date Page 3 of 3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 6/1012019 4:35:57 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://wvirw.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 Date ‘1, Signature Account Parcel Owner Mailing Address R5805686 146725000027 RECREATIONAL LLD STORAGE SOLUTIONS 13738 BROO STAR M F I E LD, CREEK CO 800236575 DR R5806886 146725000052 KIRKMEYER BERNICE K R5806886 146725000052 ICI RI M EYE R C DUANE E 583 BRIGHTON, S 22ND AVE CO 806012682 ' R5806986 146725000053 COORS ENERGY CO 1900 C/O ROWLETT, ICE ANDREWS DALROCK TX RD 7508 & 8 CO 5526 R0894701 146725000059 VARRA COMPANIES I N C 8120 FREDERICK, GAGE ST CO 805169439 R8956946 146725100051 HUNT BROTHERS PROPERTIES INC 10100 HENDERSON, DALLAS ST CO 806408491 88956947 146725100052 HUNT BROTHERS PROPERTIES INC 10100 HENDERSON, DALLAS ST CO 806408491 R8956949 146725100053 HUNT BROTHERS PROPERTIES INC 10100 HENDERSON, DALLAS ST CO 806408491 R8956950 1 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 6/10/2019 4:35:57 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://wwsivico.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 Signature 0 ( cl Date Parcel Owner Mailing Address Account R6778320 146725200063 TRI ASSOC STATE GENERATION TRANSMISSION 5056 ERIE, COUNTY CO 805168210 ROAD 6 R6778321 146725200064 TRI ASSOC STATE GENERATION TRANSMISSION 5056 ERIE, COUNTY CO 805168210 ROAD 6 R6778257 146725400061 REGIONAL TRANSPORTATION DISTRICT 1600 DENVER, BLAKE ST CO 802021324 Parcels: 11 Owner Records: 12 Page 2 of 3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 6/10/2019 4:35:57 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 CLAJ Signature P 1 49 Date Page 3 of 3 I look forward to the County's response. Sincerely; .„._,Nk\i,\Nst.._ibi - Daniel W. Hunt President Cc: Jonathon Pray Esq. BHFS BOARD OF COUNTY COMMISSIONERS' S IGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS JUNE 20, 2019 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF P LANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR A 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 S PECIAL 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., 10100 DALLAS STREET, HENDERSON, CO 80640 KIM OGLE Name of Person Posting Sign Signatu STATE OF COLORADO ) ) ss COUNTY OF WELD ) f Person Posting Sign The foregoing instrument was subscribed and sworn to me this day of --1-1:Cfli , 2019 WITNESS my hand and official seal. N otary Public My Commission Expires* KRISTINE RANSLEM NOTARY PI AC STA : OP COLORADO NOTARY ID 20 124034827 Y COMMISSION EXPIRES JUNE 5, 2020 et .• .♦a- ._ -; , �..▪ . , .. bra. + if .4.e•• "llI. • r ,ter.11 . „ • • • ... .•� • • •` .•- • �;:•e or 00 an L r ' leaa1iliee 4. • .. S. OA. - • tti..x» ' . .. - e _� Cr' tart - -„• .r o144. - ' . • . \?).; ' - •• 4J• r • w • � 4 Sae:, reran • 1 - are 14 reit asje rem I a..,. • • Public hearings '�- Concerning this property �Y will be heard before the Planning Commission and Board of County Commissioners, ss onafis. Both hearings will be held at: WELD COUNTY ADMINISTr .� AT1ot� BUILDING BUILDING 50 "0" Street • Greeley, CO 80631 Planning Commission Hearing at Board of County-'%Orntnlsstoner Heanng will be held on at ait.40464A Applicant Request. Show Cause, PCSC19-0005. concerning Use by Permit, USR1f-0041, Mineral Resource Development F Review including an Asphalt Batch Plant; Asphalt and Concrete Facilities cling operations; any Use permitted as a Use by Right, Accessory cce so°y Use, or Use by Spatial Review In the Commercial or industrial Zone Districts, (heavy equipment maintenance she c building, quality control lab, liquid asphalt storage, omt comprativeany office station and outdoor truck andparry fueling storage and raw and equipment parking, staging processed material storage when screened from public rights -•of -way and adjacent properties) provided th property is not a lot In an approved or recorded subdivision at the part of a map or plan filed pat or of controlling subdivisions In the A (Agricultural) Agr1 ulturai Zoneprtor to adoption District Case Nimber. PG5Gt'q—ercks Acres: FOR FURTHER INFORMATION PLEASE coNTACT I AT THE WELCH COUNTY DEPARTMENT OF PLANNING SERVICES, AT 970-.M,13.100. ext For Additional I formalion visit www. wAeld .,nI �YriUr:.�rrcy,�+,vr, _`+C�.�.rar. s:„ �'� �fjntrl��3`�5.�J'� +Rl NA not x n;al eo► rP.P Names & an.s*'>a P,ctn +il._.' _"mid "" 620. y �t� : d AIM, w „�, at r*� t+ot :-► t to rrnV" re' dt E+C+Rh iti �,irti. oic.i r • .* `' �'!4"«► "sir •+hCaraWY: ;�e '�YT � T u Co.-COri 11 C� A / • }�- r.A. —e_ - a• - •�•*-:.• • • • 4 - ••• 40:77 . f ..11• t s .K,�i1 - - - f 1 firs f� or' • •Pa • or ••• •• - it*. . a -•.. L• ,p dit .. - - •- • • . •. •- ..; _.at'' -7 . •.. • O. I.. r• ;. • • I. teal - • ^ . • ▪ ar slop: �e. I • ✓ ' •• }. - 4 r II • ,lT a or -•' Jr •J)s-r — r •n. . 14141341.4 ♦ ' _ i• - •' o*t I •. j .1 . � - _ • alb VS %s • Iti •-J- • i.�r ' .s � fir• ~ .•• f-_ • .•••♦.. e • •* %_ . •.!• • • 400.JI• -'10. •v . isr 41, script '0.N 4 are 154:1::---3.4e• ?-1Abillr•a a f . fas • - • - .A• •.• as • S . • 1 _ - % _ . 4 • r A • t Hello