HomeMy WebLinkAbout20173889.tiffHEARING CERTIFICATION
DOCKET NO. 2017-86.D
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR17-0043, FOR MINERAL RESOURCE DEVELOPMENT INCLUDING ASPHALT
AND CONCRETE BATCH PLANTS, MATERIALS PROCESSING (CRUSHING AND
SCREENING), MATERIAL STOCK PILES, AN OFFICE, A SHOP, AND OUTDOOR
TRUCK AND EMPLOYEE PARKING IN THE A (AGRICULTURAL) ZONE DISTRICT -
CACTUS HILL RANCH COMPANY, C/O SIMON CONTRACTORS, INC.
A public hearing was conducted on Monday, February 5, 2018, at 10:00 a.m., with the following
present:
Commissioner Steve Moreno, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Mike Freeman
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative, Kim Ogle
Public Works Department representative, Evan Pinkham
Public Works Engineer representative, Hayley Balzano
Health Department representative, Ben Frissell
The following business was transacted:
I hereby certify that pursuant to a notice dated September 15, 2017, and duly published
October 20, 2017, in the Greeley Tribune, a public hearing was conducted on October 25, 2017,
to consider the request of Cactus Hill Ranch Company, c/o Simon Contractors, Inc., for a Site
Specific Development Plan and Use by Special Review Permit, USR17-0043, for Mineral
Resource Development including Asphalt and Concrete Batch Plants, materials processing
(crushing and screening), material stock piles, an office, a shop, and outdoor truck and employee
parking in the A (Agricultural) Zone District, at which time the Board deemed it appropriate to
continue the matter to Monday, November 6, 2017, at 10:00 a.m., to allow the applicant time to
schedule a second open house for surrounding property owners and to allow all five (5)
Commissioners to be present. On November 6, 2017, the hearing was conducted and recessed
at 3:30 p.m., to be reconvened on November 8, 2017, at 9:00 a.m., and subsequently continued
to January 10, 2018, at 10:00 a.m., to allow the Board of County Commissioners adequate time
to review the numerous exhibits submitted at the hearing. On January 10, 2018, a public hearing
was conducted and again continued to February 5, 2018, at 10:00 a.m., due to the large amount
of materials submitted in support of the rebuttal presentation and in consideration of the Board's
duty to review these materials. On February 5, 2018, Bob Choate, Assistant County Attorney,
made this a matter of record.
Chair Moreno instructed the public and the applicant with parameters for the rebuttal and
concluding comments.
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• Anne Johnson, Tetra Tech, represented the applicant and reviewed the prior proceeding's
materials submittals and hearings and stated she has an updated PowerPoint presentation and
reminded the Board that several members of the applicant's team are available to answer
questions. She reiterated the presentation today is the continuation of Engineering issues to
include drainage, road improvements and traffic.
• Jeffrey Butson of Tetra Tech and Dave Rau of Paragon Consulting Group introduced
themselves and addressed drainage. Mr. Butson began by reviewing the modifications to the
drainage plan to keep water runoff out of the canal, including slow release ponds and drainage
features, and confirmed that the drainage features would be lined for containment. He explained
the system is engineered to contain flows up to a 300 -year event and is designed to exceed the
Code requirements. He reviewed Development Standard (DS) #30 regarding the maintenance of
historic drainage patterns and reported the Drainage Acceptance License Agreement has been
submitted and the objective of the plan is to restore the historic drainage patterns before the
construction to avert the canal.
el Mr. Rau presented the Spill Prevention Control and Countermeasure (SPCC) Plan,
secondary containment, and vehicle washing and stated not only will they install secondary
containment but will also install tertiary containment. He stated this acknowledges DS #18. In
response to Commissioner Cozad, Mr. Rau confirmed that through the Clean Water Act, Part 112,
the federal regulation only requires secondary containment, but Simon is committed to tertiary
containment and he also confirmed the Plan is kept on -site at all times for public review.
In response to Commissioner Conway, Mr. Rau pointed out the historic sheet flows and
confirmed historically they flowed into the ditch after the ditch was constructed. He continued by
explaining that the proposed drainage design will capture the runoff, contain it on -site and pipe it
underneath the ditch to the adjacent parcel owned by the applicant, which is why there is now a
letter from Cactus Hill Ranch Company stating they will accept the runoff water. Mr. Rau reiterated
it is designed to manage a 300 -year event which surpasses the requirement of a 100 -year event.
• Mr. Butson addressed the road improvements related to CR 80.5 and State Highway 257
and stated the applicant is committed to entering into an Improvements Agreement and will work
with the Department of Public Works regarding the timing of such improvements. He reviewed
the final design will be subject to the approval of the Weld County Department of Public Works
and the Colorado Department of Transportation (CDOT), and that Simon is committed to also
working with the Poudre Valley Rural Electrical Association (PVREA) if it is necessary to move
utility lines. He stated the potential plans to include turn lanes and acceleration/deceleration lanes
dependent on review and approval from the aforementioned agencies. Mr. Butson clarified the
applicant has consulted with CDOT and submitted preliminary sketches and to date, CDOT has
provided a letter of preliminary satisfaction, which was included for the record. He continued to
describe on -site improvements to include turning radii of trucks, site design, and pavement design
to accommodate the on -site requirements and reduce dust. He recapped the traffic study and
pointed out the reason for the variance in the applicant's results and those submitted by a
surrounding property owner (SPO) was due to the different variables of measurement. Mr. Butson
clarified the applicant utilized a peak time count, as is the standard engineering practice for traffic
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studies, and the SPO utilized an all -day count. He clarified the construction on -site would take
three to four months and additional time would be needed for the highway improvements and that
once those are completed there would be a significant reduction in traffic due to the decrease in
construction related traffic.
el Ms. Johnson addressed other Conditions of Approval to include the Access Permit, Lighting
Plan, and the Landscaping and Screening Plan. She reviewed the effort of mitigation regarding
these issues and began by reiterating that the night time lighting on the site is for safety and the
lighting for maintenance will only be on when needed and will only illuminate the area needed.
She emphasized that all the lighting will be shielded and downcast, with the exception of the
lighting for the entrance and the sign. Ms. Johnson moved on to landscaping and provided a 3-D
diagram to illustrate the berm and the heights of the various plants and trees to be planted and
she stated, based on listening to the concerns of the surrounding property owners, the berm will
be designed to be ten feet high and 75 feet long. Also, based on the public comments, the
proposed truck parking area has been moved 280 feet to the east. She explained with the
placement of the agreed upon berm and landscaping, it necessitated the need to move the office
and the shop as well. Ms. Johnson described the visual mitigation in further detail to add the
selection of hearty evergreens, shrubs to add interest and color, a vine along the fence, native
grasses to compliment and she displayed sightline graphic visualizations to depict the mitigation
efforts being proposed. She further insisted the landscaping and screening plan will also mitigate
the view from the nearest residence on the east. Ms. Johnson touched briefly on the Conditions
related to modifications on the plat, grading permit requirements, tracking control measures,
On -site Wastewater Treatment System (OWTS), installation of a Class V injection well, off -site
improvements schematic, Emergency Action and Safety Plan, and Decommissioning Plan, and
stated Simon acknowledges and agrees to uphold the requirements, as amended.
Ms. Johnson reviewed the Development Standards (DS) and requested modifications to
DS #4.A.4, #4.B.3 and #4.B.4. She reviewed the proposed mitigations related to paving which
should help with the control of dust and weeds and provide better site circulation. In response to
Commissioner Conway, Ms. Johnson clarified the unwanted staging that was reported was due
to a weather -related incident and the paving should assist with that and the applicant has no
intention of staging on County Road 80.5 or Highway 257. She reiterated the proposed dark sky
mitigation and reviewed the lighting plan. She presented her closing comments and emphasized
that the applicant meets the intent, will meet and exceed the Conditions and Development
Standards, and far exceeds the requirements of the County Code with mitigations related to noise,
dust, air quality, water quality, lighting, property values, and improvements to the road system.
Ms. Johnson provided statistics related to population growth and stated she understands there
may be tensions related to growth; however, she reminded the Board that none of the surrounding
jurisdictions objected or expressed any concerns and in an area of future growth, it is a smart
decision to allow for affordable materials to be available to area consumers and she believes it
can be harmonious.
Chair Moreno requested clarification related to the number of daily truck trips and neighbor
concerns with potential accidents. Ms. Johnson stated 250 trucks would be the maximum daily
count that can be handled; however, there may be some days when there are none. She stated
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the applicant has re-routed trucks on certain County roads to alleviate concerns and there are a
lot of unknowns that will be dealt with operationally as problems arise.
• In response to Commissioner Conway, Ms. Johnson stated the trees will grow approximately
one foot per year and they are planting trees that are already six feet tall and will take about five
to seven years to reach 12 to 15 feet in height. Mr. Ogle agreed and added that the trees are also
on a berm. Ms. Johnson reviewed the water supply for landscaping.
• In response to Chair Moreno, Ms. Johnson stated Simon Contractors, Inc., will abide by the
Conditions of Approval and Development Standards as amended, with respect to the two DS they
are requesting modifications to.
• In response to Commissioner Kirkmeyer, Ms. Johnson stated the property was last irrigated
in 2016, and the applicant has submitted evidence from both the Poudre REA and CDOT that all
concerns have been addressed. She explained the applicant is paving the internal roads to
address dust and will continue to address air quality and any other dust.
• Jeff Harrington, Tetra Tech, Portland, Maine, stated fugitive dust management is handled by
the regulations in the Air Permit.
In response to Commissioner Kirkmeyer, Mr. Ogle stated setbacks are required based on
structures with habitable space.
• In response to Commissioner Conway, Mr. Frissell pointed out DS #15 addresses the
maximum noise and he reviewed the maximum decibel allowance for the Light Industrial and the
Residential Zone Districts.
• In response to Commissioner Kirkmeyer, Mr. Ogle clarified there is no COA or DS at this
time that states runoff will not go into the ditch. She further requested a clarification regarding the
requested change to the hours of operation. Ms. Johnson reviewed the requested modifications
to include adding private companies as an option for accepting paving projects at night. In
response to Commissioner Kirkmeyer, Brett Baker, Simon Contractors, explained the process for
private night paving jobs and stated they performed only one in 2017. Ms. Johnson continued with
the requested modifications to include amending the hours of operation for the Ready Mix
Concrete Batch Plant to match the hours of operation for the Asphalt Batch Plant and in response
to Commissioner Cozad, she explained the reasons for consistency.
• In response to Commissioner Kirkmeyer, Ms. Johnson explained the Dust Abatement Plan
and how it relates to compliance with the Air Permit. In response to Commissioner Cozad,
Mr. Frissell stated the Dust Abatement Plan is acceptable and similar to other like facilities and
the reason staff put "attempt to be confined" is due to exceptions like high winds. Commissioner
Cozad suggested adding a sentence to the beginning of DS #13 to read, "The property
owner/operator shall comply with the Dust Mitigation Plan, as approved by the Department of
Planning Services." Commissioner Cozad clarified a new COA #1.D will need to be added as well
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stating, "The applicant shall submit an updated Dust Abatement Plan for review and approval by
the Department of Planning Services." Commissioner Cozad further asked if COA #1.E is
necessary. Ms. Balzano stated it is necessary but needs a correction to remove the word
"easement" and replace it with "license", and she clarified the license has been drafted but did not
include allowance for access regarding inspection, maintenance and repairs of the drainage
infrastructure and those changes will need to be made. Commissioner Cozad suggested COA
#1.J.18 be corrected to reflect drainage license, not easement.
• Mr. Pinkham raised the question of adding a deadline for completion to COA #7.A requiring
the construction of the off -site roadway improvements be completed by October 31, 2018, due to
the existing temporary site. Following discussion, Commissioner Kirkmeyer asked what direction
the Board was headed before amending Conditions and Development Standards. Commissioner
Conway agreed and asked the Board to consider if the applicant has met the burden of proof in
relation to Sections 23-2-2330.6.3, 23-2-230.6.6 and 23-2-230.B.7.
• Commissioner Cozad stated she believes the applicant did meet the burden of proof. She
addressed Section 23-2-230.B.3 regarding the compatibility with surrounding existing land uses
and listed off several other uses in the area and she called attention to the mitigation efforts of
the applicant based on public input. She addressed Section 23-2-230.B.6 and reiterated the land
has not been irrigated since 2016 so it is not prime agricultural land. Commissioner Cozad also
addressed Section 23-2-230.B.7 and reviewed the 22 permits required by local, state and federal
government and reminded the Board that the SPCC Plan exceeds requirements with the added
tertiary containment, and there are mitigations related to safety, lighting and drainage.
El Chair Moreno concurred with Commissioner Cozad, staff recommendations and the findings
of the Planning Commission. He further added his comments regarding Section 23-2-230.B.4
based on being compatible with future development and he reminded the Board that the
surrounding municipalities had no objections. He stated there needs to be further mitigations but
he believes it can get to the point of approval.
• In response to Commissioner Cozad, Mr. Ogle confirmed the Planning Commission
Resolution is wrong and the Planning Commission vote was 4-1 for approval, with three (3)
Planning Commissioners absent.
• Commissioner Kirkmeyer stated she agrees with the comments of Commissioner Cozad
and she clarified she wished the applicant would have clarified the distinctive difference between
a Concrete Plant and a Ready Mix Plant earlier in the process because there were many
documents submitted by the public that related to a concrete plant and a lot of the information
was based on plants not located in the United States. She stated the information from Dr. Phillips
and Mr. Harrington was very helpful. She further supported the idea that property values will not
decrease, as she lives in close proximity to an asphalt batch plant and her property has not
decreased in value.
• Commissioner Freeman stated he agrees with the comments from Commissioner Cozad
and although it needs mitigation, he agrees with moving forward.
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• Commissioner Cozad began by addressing the modification to the hours of operation and
asked to hear from her fellow Commissioners. Commissioner Freeman supported emergency
hours. Commissioner Kirkmeyer followed up and stated she does not agree with adding private
companies, as requested by the applicant. Commissioners Cozad and Freeman agreed. Chair
Moreno agreed with emergency hours. In response to Commissioner Cozad, Mr. Ogle stated in
the event of an emergency situation, normal protocol is the applicant would submit a letter stating
there is an emergency and they would request nighttime operations and this would come before
the Board for review and approval. Commissioner Kirkmeyer explained what an emergency
situation is. Commissioner Cozad stated she does not see how a private company needing a
parking lot that can only be paved at night is an emergency and she is not in support of that.
• Commissioner Cozad stated she is agreeable to making the hours consistent between the
Asphalt Batch Plant and the Ready Mix Plant.
IR Commissioner Kirkmeyer requested a new COA #1.D regarding the Dust Abatement Plan,
as mentioned earlier. She further recommended amending COA #1.E to reflect evidence of a
recorded drainage license as also mentioned earlier. Regarding COA #1.F, Commissioner
Kirkmeyer suggested adding the timeline requirement as mentioned by Mr. Pinkham in relation to
the off -site roadway improvements be completed by October 31, 2018. She stated COA #7.A can
be deleted based on this requirement being added to COA #1.F. The Board had a lengthy
discussion regarding the existing Temporary Use Permit, the acceptable timeline of construction
drawing submittals, and off -site roadway improvements in relation to the calendar, the potential
need for the extension of the Temporary Use Permit, and the intent to record plat before the
extension expires. The Board agreed to the aforementioned amendments.
• In response to Chair Moreno, Commissioner Kirkmeyer suggested a change to DS #4.A to
add, "and Ready Mix Concrete" thereby allowing the hours of the Asphalt Batch Plant and the
Ready Mix Concrete Plant to be the same and making it possible to delete DS #4.B.
IR Commissioner Cozad recommended a complete change to DS #6, to read: "The internal
paved road and parking area shall be paved and maintained in accordance with the approved
Parking Plan."
• Commissioner Kirkmeyer stated regarding DS #8 that the language needs to be added that
the applicant shall comply with the approved Landscaping and Screening Plan. Commissioner
Conway suggested the Landscaping Plan come back before the Board for approval and to allow
public comment. Commissioner Kirkmeyer stated that can be added to COA #1.C. After further
discussion with staff and the applicant, the Board agreed.
El Commissioner Kirkmeyer clarified language for DS #8, to read, "The property owner/operator
shall comply with the approved Landscaping/Screening Plan."
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• Commissioner Kirkmeyer requested clarification for the Dust Abatement Plan being in DS #6
and DS #13 and she suggested the Dust Abatement Plan language be added to DS #13 and
removed from DS #6. The Board agreed.
• Commissioner Conway recommended DS #15 be amended to enforce the Residential Zone
District noise limit, as delineated in Section 14-9-30, as measured at the property line of the
existing residential lots, and all other boundaries will adhere to the Light Industrial Zone District,
as delineated in Section 25-12-103, C.R.S. In response to Commissioner Cozad, Mr. Ogle
provided the distance to the nearest residence. Mr. Frissell clarified there is no Light Industrial
Zone District in reference to County Code Noise statutes.
• Commissioner Kirkmeyer suggested clarification to the end of DS #30, to add, "in compliance
with the approved Drainage Plan." The Board agreed.
• In response to Chair Moreno, Ms. Johnson indicated they have reviewed, and agree to abide
by, the Conditions of Approval and Development Standards, as amended.
• Commissioner Cozad added to the findings, based on her support of the application,
A.Goal 7 to start with and Commissioner Kirkmeyer interjected with the addition of A.Policy 7.1
and A.Policy 7.2, which Commissioner Cozad stated were also on her list and she explained
briefly regarding A.Policy 7.2 that the subject parcel is surrounded by land owned by the applicant,
and with a letter of support from Severance and adequate services attainable, and an
Improvements Agreement, the proposal is consistent with Chapter 22. She referenced
Section 22-2-80.C (I.Goal 3), and requested language reflect haul routes and roadway
improvements. She continued with Section 22-2-80.E.2 (I.Policy 5.2) and requested language be
added to reflect the applicant worked with the adjacent ditch company and took input from
surrounding property owners and downstream properties regarding controlling runoff and not
discharging into the ditch and they added landscaping and berming based on public input. She
reviewed Section 22-2-80.F (I.Goal.6), and requested language be added to state the applicant
addressed the public comments to change the landscaping plan and overall site plan in regards
to the truck and equipment parking. Under Section 23-2-230.6.2, Commissioner Cozad requested
language added to reflect this facility will supply materials to agriculture and improve farm to
market roads. Under Section 23-2-230.B.3, Commissioner Cozad requested language be added
to reflect the updated Landscape Plan, updated Lighting Plan, updated Parking Plan, Dust
Abatement Plan, road improvements, updated Drainage Plan, which address compatibility along
with the Conditions of Approval and Development Standards that were amended during the
hearing. Commissioner Cozad stated she agrees with the findings in the Resolution and in
reference to Section 23-2-230.B.4, stated there were no objections from surrounding
municipalities. In Section 23-2-230.B.5, she confirmed the property is not in any hazard overlay
and will be subject to all County fees. In Section 23-2-230.6.6, she requested it be added to the
findings that the property is not designated as "Prime" and has not been irrigated since 2016. In
Section 23-2-230.B.7, Commissioner Cozad requested language be added to reflect the 22
permits required by local, state and federal agencies, the applicant's SPCC Plan exceeds the
State and County requirements with the addition of the tertiary containment, the Air Permits,
safety updates, updated Lighting Plan to include implementing dark skies practices at night, and
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the Drainage Plan exceeds the requirements by adhering to the 300 -year standards and that all
of these address any concerns regarding health, safety and welfare.
• Commissioner Cozad moved to approve the request of Cactus Hill Ranch Company, c/o
Simon Contractors, Inc., for a Site Specific Development Plan and Use by Special Review Permit,
USR17-0043, for Mineral Resource Development including Asphalt and Concrete Batch Plants,
materials processing (crushing and screening), material stock piles, an office, a shop, and outdoor
truck and employee parking in the A (Agricultural) Zone District, based on the recommendations
of Planning staff and the Planning Commission, with the Conditions of Approval and Development
Standards as amended and entered into the record. The motion was seconded by Commissioner
Kirkmeyer.
la Commissioner Kirkmeyer added to the findings and stated the proposed area can support
the development and it is compatible with the goals and policies of Chapter 22. She cited A. Policy
7.1 and A.Policy 7.2 because of the proposed roadway improvements and the related
Improvements Agreement. She cited (.Goal 4, A.Goal 8, A.Policy 8.3, and A.Policy 8.4 as
supported by the updated Drainage Plan, the engineering for a 300 -year event, agreeing to
prevent runoff into the canal and preservation of historic flow patterns. Commissioner Kirkmeyer
cited A.Goal 9, A.Policy 9.2, A.Policy 9.3, and A.Policy 9.5 to reduce conflict and she stated there
are many Conditions of Approval and Development Standards which address and implement
several mitigation measures to assist with making it consistent with the Comprehensive Plan and
to reduce conflict. She identified (.Goal 1 to promote the location of industrial uses within urban
growth boundary areas and this site is within the Intergovernmental Agreement area for the Town
of Severance and they have no objections. She stated Section 23-2-230.B.3 references the
Drainage Plan and the Board put on limitations regarding the noise standard. Under Section 23-
2-230.B.6, she reiterated this land is not "Prime" farm land and the applicant has made a
commitment to not impact the ditch. Commissioner Kirkmeyer stated again that this location is
within a Development Node for the Town of Severance and the proposed use is dependent on
road infrastructure and the applicant has committed to improving State Highways 257 and 14,
and this is an area that is transitioning to other uses.
• Commissioner Freeman agreed with the additional findings and stated originally his concern
was the water supply and the drainage into the ditch, but the fact that both of these issues have
been mitigated is huge. He reiterated the same property owner owns this property and much of
the surrounding property, which means minimal impact to adjacent neighbors. Commissioner
Freeman also emphasized that the Town of Severance supports this use, combined with the
available road infrastructure already in place, the improvements that are proposed, and the
mitigations agreed upon today, make it possible for him to support the application and he believes
it will be beneficial.
▪ Commissioner Conway stated he is still struggling with this case and thanked his fellow
Commissioners for their efforts to mitigate the impacts regarding noise, landscaping, road
improvements, and lighting. He stated at the end of the day they diligently tried to do that;
however, he will not be supporting this USR. He cited Section 22-2-80 and stated it is not
consistent with the A (Agricultural) Zone District; Section 23-2-230.B.3 and stated it is not
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compatible with existing land uses; Section 23-2-230.B.7 and stated there are documented health
issues related to batch plants, and even though the land may not be deemed Prime, he explained
the neighbors did not receive notice of the batch plant to begin with and now it is going to double
in size and be permanent. Commissioner Conway thanked the applicant and encouraged them
to be respectful and to make the proposed changes, and he thanked the public for their
participation.
El Chair Moreno also thanked the public for being a part of the review and decision making
process and stated he was supportive of moving forward with the discussion and he explained
that he did go back and listen to the public input from the prior hearing and he is pleased that
many concerns have been mitigated. Chair Moreno called for a roll call vote and the matter carried
by a vote of 4-1, with Commissioner Conway voting no. There being no further discussion; the
hearing was completed at 1:06 p.m.
This Certification was approved on the 7th day of February, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dieLd4,
Weld County Clerk to the Board
ty Clerk to the Board
APPROVED AS TO,.F
Attorney
Date of signature:
Steve Moreno, Chair
er1 Pro-Tem /
J J `,-may
Mike Freeman
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ATTENDANCE LIST
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