HomeMy WebLinkAbout20173503.tiffRESOLUTION
RE: APPROVE 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, CIO SIMON CONTRACTORS,
INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 25th day of
October, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Cactus Hill Ranch Company, c/o Simon Contractors, Inc., P.O. Box 691,
Windsor, CO 80550, 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, on the following described real
estate, being more particularly described as follows:
Part of the W1/2 of Section 16, Township 7 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the Board heard all of the testimony and statements of those
present and reviewed the request of the applicant and deemed it appropriate to continue the
matter to Monday, November 6, 2017, at 10:00 a.m., to allow Cactus Hill Ranch Company, c/o
Simon Contractors, Inc., adequate time to schedule a second open house for surrounding
property owners to be able to address questions and concerns, and to allow the matter to be
heard by a full quorum of the Board, and
WHEREAS, on November 6, 2017, at said hearing, the applicant was present and
represented by Anne Johnson, Tetra Tech, 1900 South Sunset Street, Suite 1-E, Longmont, CO
80501. The hearing was recessed at 3:30 p.m., and reconvened on Wednesday, November 8,
2017, at 9:00 a.m., and
WHEREAS, on November 8, 2017, the applicant and their representative were present
and after closing the public input, the hearing was continued to January 10, 2018, at 10:00 a.m.,
to allow the Board time to review the large quantity of documents submitted by the public and the
applicant, and
WHEREAS, on January 10, 2018, the applicant and their aforementioned representative
were present, and the Board allowed time for the rebuttal process to hear the expert testimonials
provided by the applicant, and again continued the matter to Monday, February 5, 2018, at
10:00 a.m., to allow the Board time to review the large quantity of materials submitted by the
applicant leading up to and in support of the rebuttal presentation, and
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WHEREAS, on February 5, 2018, the applicant and their representative were present,
and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect, as
follows:
1) Section 22-2-20.G (A.Goal 7) states: "County land use regulations
should protect the individual property owner's right to request a land
use change."
2) Section 22-2-20.G.1 (A.Policy 7.1) states: "County land use
regulations should support commercial and industrial uses that are
directly related to, or dependent upon, agriculture, to locate within
the agricultural areas, when the impact to surrounding properties is
minimal, or can be mitigated, and where adequate services are
currently available or reasonably obtainable."
3) Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of
agricultural land to nonurban residential, commercial and industrial
uses should be accommodated when the subject site is in an area
that can support such development, and should attempt to be
compatible with the region."
4) Section 22-2-20.G.3 (A.Policy 7.3) states: "Conversion of
agricultural land to urban residential, commercial and industrial
uses should be considered when the subject site is located inside
an Intergovernmental Agreement area, Urban Growth Boundary
area, Regional Urbanization Area or Urban Development Nodes, or
where adequate services are currently available or reasonably
obtainable. A municipality's adopted comprehensive plan should be
considered, but should not determine the appropriateness of such
conversion."
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5) Section 22-2-20.H (A. Goal 8) states: "Ensure that adequate
services and facilities are currently available or reasonably
obtainable to accommodate the requested new land use change for
more intensive development."
6) Section 22-2-20.H (A.Policy 8.3) states: "The land use applicants
should demonstrate that the roadway facilities associated with the
proposed development are adequate in width, classification and
structural capacity to serve the proposed land use change."
7) Section 22-2-20.H (A.Policy 8.4) states: "The land use applicants
should demonstrate that drainage providing storm water
management for the proposed land use change is adequate for the
type and style of development and meets the requirements of
county, state and federal rules and regulations."
8) Section 22-2-20.1 (A.Goal 9) states: "Reduce potential conflicts
between varying land uses in the conversion of traditional
agricultural lands to other land uses."
9) Section 22-2-20.1 (A.Policy 9.2) states: "Consider the individuality
of the characteristics and the compatibility of the region of the
County that each proposed land use change affects, while avoiding
requirements that do not fit the land use for that specific region."
10) Section 22-2-20.1 (A.Policy 9.3) states: "Consider mitigation
techniques to address incompatibility issues. Encourage
techniques and incentives, such as but not limited to clustered
development and building envelopes, to minimize impacts on
surrounding agricultural land."
11) Section 22-2-20.1 (A.Policy 9.5) states: "Applications for a change
of land use in the agricultural areas should be reviewed in
accordance with all potential impacts to surrounding properties and
referral agencies. Encourage applicants to communicate with those
affected by the proposed land use change through the referral
process."
The Board finds that the proposal is consistent with these Agricultural
Goals and Policies and in support, finds as follows: The proposed facility is
located within the Coordinated Planning Area (CPA) between Weld County
and the Towns of Severance and Windsor. The site is located one-half mile
south of an area with a land use designation of Development Node for the
Town of Severance. Development Nodes are identified as areas "where
commercial, mixed -use or urban style development may be appropriate
outside and away from the town core."
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This site, while located within the IGA for the Town of Windsor, is
located outside the Growth and Land Use Planning area, per the
2016 Comprehensive Plan. Simon Contractors met with the Town
of Windsor Planning Director on July 7, 2017. The Planning Director
did not express concerns for this application at the time of the
meeting. The intent of the meeting was to discuss haul routes and
techniques to route traffic away from the Town of Windsor for
delivery of product to projects that are not located within the Town
of Windsor city limits.
Simon Contractors also met with representatives from the Town of
Severance on June 29, 2017, and the Town Planner attended the
Open House held on July 10, 2017. A letter of support from the
Town of Severance is included with the application materials which
indicates adequate services are available and obtainable.
The Poudre Valley Rural Electric Association (PVREA) can provide
electric service to the facility, and does not object to the application.
The applicant will be required to enter into an Improvements and
Road Maintenance Agreement which will ensure that the facility's
traffic is reasonably mitigated.
The applicant's Drainage Plan is designed for a 300 -year storm,
which is a higher standard than that which is required by the Weld
County Code, and will not deposit any stormwater into the adjacent
irrigation ditch.
The applicant owns most of the surrounding properties. The
Conditions of Approval and Development Standards appropriately
mitigate the adverse impacts of the facility on the surrounding area.
12) Section 22-2-80.A (I.Goal 1) states: "Promote the location of
industrial uses within municipalities, County Urban Growth
Boundary areas, Intergovernmental Agreement urban growth
areas, growth management areas as defined in municipalities'
comprehensive plans, the Regional Urbanization Areas, Urban
Development Nodes, along railroad infrastructure or where
adequate services are currently available or reasonably
obtainable." The proposed plant site is within the Intergovernmental
Agreement area between the Towns of Severance and Windsor
and Weld County. The property has access to highway
infrastructure which is essential to deliver aggregate materials to
the site from out of state and to deliver materials from the site to
growing communities in Weld County and Northern Colorado.
Representatives for Simon met with the Town of Severance and the
Town of Windsor, the nearest municipalities to the site, to discuss
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haul routes in the area and the overall fit of the project within the
area. Neither municipality has objections.
13) Section 22-2-80.C (I.Goal 3) states: "Consider how transportation
infrastructure is affected by the impacts of new or expanding
industrial developments." Simon Contractors will be required to
enter into an Improvements Agreement with Weld County to pay
their shared portion of the required road improvements. The
applicant's Traffic Study has been reviewed by representatives for
CDOT who have accepted the recommended and proposed
transportation improvements. The applicant has provided specified
haul routes, as approved by CDOT, utilizing State Highway 257 and
CR 80.5.
14) Section 22-2-80.0 (I.Goal 4) states: "All new industrial development
should pay its own way." The applicant will be required to execute
an Improvements and Road Maintenance Agreement which includes
multiple off -site safety improvements that will mitigate the facility's
traffic impact on the surrounding area.
15) Section 22-2-80.E.2 (I.Policy 5.2) states: "Development
improvements should minimize permanent visual scarring from
grading, road cuts and other site disturbances. Require stabilization
and landscaping of final land forms, and that runoff be controlled at
historic levels." To minimize the visual impact of the site, as well as
provide a noise buffer, earth berms planted in a drought tolerant
native grass have been constructed along the western property
boundary. The existing Water Supply and Storage irrigation canal
is adjacent to the south of the proposed site. This agency did not
return a referral indicating a conflict with their interests. The
applicant worked with the adjacent ditch company as well as took
input from surrounding property owners and downstream properties
as to how they managed their drainage and mitigated to ensure
drainage will not run into the ditch. Landscaping and screening was
also modified in response to input given at public meetings.
16) Section 22-2-80.F (I.Goal 6) states: "Minimize the incompatibilities
that occur between industrial uses and surrounding properties."
Current surrounding land uses are low intensity agricultural and
rural residential uses. The 2011 Comprehensive Plan for the Town
of Severance has designated land that is half a mile to the north of
the site as a Development Node. This proposed facility will support
the economic growth planned for this area. Simon Contractors has
taken steps in planning for this project to mitigate impacts on its
future neighbors through the large earth berm to the west, and
placement of the batch plant site to the west behind the earth berm
and away from the rural residential development. As previously
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stated, one of the most significant natural site features on the
property is an irrigation ditch located along the southern boundary
of the site. The ditch will be maintained in its current location when
the site develops. The second significant feature is a manmade
structure consisting of the overhead high-tension Platte River
Power Authority Transmission Line. The applicant addressed the
public comments to change the landscaping plan and the overall
site plan in regards to the truck and equipment parking. As
previously stated, this site, while located within the IGA for the Town
of Windsor, is located outside of their Growth and Land Use
Planning area, per the 2016 Comprehensive Plan.
17) Section 22-2-80.F.3 (I.Policy 6.3) states: "Encourage informational
neighborhood meetings for proposed industrial uses that do not
require a public hearing." Representatives for Simon Constructors
and their consultant met with the neighbors concerning this
proposed site development project on July 10, 2017, and invited the
neighbors within 1,000 feet of the property and also invited three
residents located east along County Road 80.5 that were outside
this 1,000 -foot radius to an open house to present the project and
answer questions. Three individuals attended the meeting including
a neighbor, the landowner and the Severance Town Planner. The
neighbor had concerns with the noise generated from plant
operations, hours of operations, traffic, particularly the traffic impact
at County Road 80.5 and State Highway 257 and the smell coming
from the facility.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.A.4 Mineral resource
development facilities, including Asphalt and Concrete Batch Plants,
materials processing (crushing and screening), material stockpiles as a
Use by Special Review in the A (Agricultural) Zone District. This facility
would supply materials to agricultural establishments and provide
improvements to farm -to -market roads.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The proposed facility is located on
a parcel of land located south of County Road 80.5 and the Water Supply
and Storage irrigation canal in an East-West alignment borders the site to
the south. There is an overhead electric transmission line (Platte River
Power Authority) sited south of County Road 80.5 and within a recorded
easement approximately 100 feet in width. The site is located
approximately 2.5 miles north from the current Town of Windsor corporate
limits; 0.5 miles south of the Town of Severance corporate limits; and
2.0 miles west of the Town of Timnath corporate limits and Larimer County.
The property is located within the Intergovernmental Agreement Area for
the Towns of Windsor and Severance. There are few residential structures
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located in the immediate area, with the nearest residence being located
approximately 260 feet north of the property line, and the second residence
being approximately 540 feet east of the property line. All other residences
are located 1,500 feet or greater from the property line associated with the
proposed facility. Adjacent land uses to the northeast include a solar array
facility (Silicon Ranch Corporation MUSR16-0001); adjacent to the south
and southwest are three confined animal feeding operations for 800 cows
and 40,000 sheep, and an adjacent location for 150,000 sheep (Cactus Hill
Ranch Company SUP -309 and AmUSR-803); to the southwest a 5,000 -
head cattle feedlot (Cactus Hill Ranch Company SUP -364); to the west is
a 900 -head dairy for Barkley's Bossies Dairy (USR-1554) and to the north
are several telecommunication towers, including USR-1155 for a 150 -foot
Cellular Tower. Also to the north is a 15 -lot residential subdivision identified
as Valley View Acres approved in 1978. The application indicates that all
truck traffic associated with the business will utilize County Road 80.5
heading west to State Highway 257 with traffic heading north to State
Highway 14. Vendors and employees will access the facility from the west
onto County Road 80.5. Staff has received no correspondence from
surrounding property owners or interested persons regarding this USR.
Staff has received several telephone calls requesting information on the
land use application for the temporary siting component and later from an
adjacent property owner with questions on the proposed longer -term site
development. The Department of Planning Services is requesting a
Lighting Plan and an updated Landscape/Screening Plan. The Screening
Plan shall screen the truck and equipment parking and the outdoor storage
from adjacent property and public rights -of -way. The Public Works
Department, in conjunction with CDOT, will be requesting access
improvements to the facility and on State Highway 257 for acceleration,
deceleration and southbound turning improvements. These plans and
proposed vehicular improvements, along with the Conditions of Approval
and Development Standards for this proposal, will assist in mitigating the
impacts of the facility on the adjacent properties and ensure compatibility
with surrounding land uses. The updated Landscape Plan, updated
Lighting Plan, updated Parking Area Plan, Dust Abatement Plan, road
improvements, updated Drainage Plan and proposed improvements, and
the restriction to Residential Noise Statute for existing residential lots
address the compatibility along with the Conditions of Approval and
Development Standards.
D. Section 23-2-230.B.4 -- The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located within the three (3) mile referral area of
the Towns of Timnath, Severance and Windsor, and Larimer County, and
is located within the existing Intergovernmental Agreement Area (IGA) or
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Coordinated Planning Agreement Area (CPA) of the Towns of Severance
and Windsor. The Town of Severance, as part of the application, submitted
a letter of support; the Town of Windsor in an email dated August 11, 2017,
indicated no conflict of interests; and, the Town of Timnath and Larimar
County did not return a referral response. It is the opinion of the Department
of Planning Services that the siting of the batch plant facility in a low -density
development area with direct access to a State Highway and compliant with
the municipal comprehensive and land use plans for future development
creates an area that can support this type of development. Further, the
Town of Severance Comprehensive Land Use Plan identifies the parcel to
be in a Development Node and the Town indicates it is in support of the
application. To address any mitigating requirements, the Conditions of
Approval will require a site Lighting Plan and a Landscape and Screening
Plan to be submitted to the Department of Planning Services for review and
approval; and, the Development Standards address nuisance transient
lighting, provide that uses on the property should comply with the Colorado
Air Quality Commission's Air Quality Regulations, and all waste materials
shall be handled, stored, and disposed of in a manner that controls fugitive
dust, fugitive particulate emissions, blowing debris, and other potential
nuisance conditions; all site activities be limited to a measurable noise
standard and the property is to be maintained such that a nuisance
condition is not allowed to develop. There are no objections from
surrounding municipalities, the Town of Severance offered support based
on the Intergovernmental Agreement with Weld County, and the site is
located in a Development Node along Highway 14. The applicant owns all
surrounding property on the north, west, and south sides of the site. The
site is in close proximity to two regional State highways, Highway 257 and
Highway 14.
E. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. This property is not located in
a floodplain, or geologic hazard area or airport overlay district. The site is
within the County -Wide Road Impact Fee Area and the Capital Expansion
Impact Fee area. Building Permits issued on the lot will be required to
adhere to the fee structure of the County -Wide Road Impact Fee, County
Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed facility is located on approximately 31 acres of Irrigated
Land considered not "Prime," per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. The property has historically
been utilized for hay production, the site is a small parcel, and currently
there is no irrigation on the property, and it has not been irrigated since
2016. The applicant has committed to not impact the Larimer County
Canal.
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G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County. There are
22 permits required by local, state and federal agencies. The SPCC Plan
surpasses requirements with the additional tertiary containment. Air quality
permits are in place, safety measures are being taken, an updated Lighting
Plan addresses input from surrounding property owners and implements
dark skies practices, and the Drainage Plan exceeds requirements and will
adhere to the 300 -year standards.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Cactus Hill Ranch Company, do 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, on the parcel of land described above
be, and hereby is, granted subject to the following conditions:
1. Prior to recording the USR Map:
A. The applicant shall provide the Department of Public Works with an
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 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. The applicant shall submit an updated Landscape/Screening Plan to the
Department of Planning Services, for review and approval by the Board of
Weld County Commissioners at a public meeting. The equipment parking
area, the employee parking area and areas utilized for outdoor storage
shall be screened from adjacent properties and public rights -of -way.
D. The applicant shall submit an updated Dust Abatement Plan for review and
approval by the Department of Planning Services.
E. The applicant shall submit a Parking Plan showing a minimum of 35 parking
spaces for the employees, including site personnel and truck drivers.
Additional spaces shall be shown for the on -site equipment and for vendors
who may visit the site.
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F. The applicant shall submit evidence of a recorded Drainage License
Agreement indicating that the property owner south of the Water Supply
and Storage Irrigation Canal will accept the historical stormwater release
from the site. This License Agreement shall allow the operator to access
the property for inspection, maintenance, and repairs of the drainage
infrastructure.
G. An Improvements and Road Maintenance Agreement is required for off -
site improvements at this location. Road maintenance including, but not
limited to, specified traffic improvements, dust control, damage repair,
specified haul routes and future traffic triggers for improvements will be
included. Also included in the Road Maintenance Agreement is a timeline
for the submittal of construction drawings and for the construction of the
off -site roadway improvements that shall be completed by October 31,
2018.
H. A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado is
required.
The applicant shall submit evidence from the Poudre REA that the
proposed improvements will not impact their ability to service the existing
electric line adjacent to County Road 80.5. Written evidence shall be
submitted on company letterhead, to the Weld County Department of
Planning Services.
J. The applicant shall submit evidence from the Colorado Department of
Transportation that the concerns and issues in the referral response dated
September 14, 2017, have been addressed to their satisfaction. Written
evidence shall be submitted on company letterhead, to the Weld County
Department of Planning Services.
K. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR17-0043.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate on the map the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
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5) The map shall delineate the earth berms, the vegetative landscape
and opaque screening.
6) The map shall delineate the parking areas for employees, on -site
equipment and vendors.
7) The map shall delineate the lighting.
8) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code.
9) County Road 80.5 is a gravel road and is designated on the Weld
County Road Classification Plan as a local road which requires
60 feet of right-of-way at full buildout. The applicant shall delineate
on the site plan the existing right-of-way. All setbacks shall be
measured from the edge of the future right-of-way. This road is
maintained by Weld County.
10) Show and label the Stop sign at each point of outbound egress.
11) Show and label the approved access locations, and the appropriate
turning radii (60') on the site plan. The applicant must obtain an
access permit in the approved location(s) prior to construction.
12) Show the approved Colorado Department of Transportation
(CDOT) access(es) on the site plan and label with the approved
access permit number, if applicable.
13) Show and label the approved tracking control on the site plan.
14) Show and label the entrance gate, if applicable. An access
approach that is gated shall be designed so that the longest vehicle
(including trailers) using the access can completely clear the
traveled way when the gate is closed. In no event shall the distance
from the gate to the edge of the traveled surface be less than 35
feet.
15) Show and label all recorded easements on the map by book and
page number or reception number and date on the site plan.
16) Setback radiuses for existing oil and gas tank batteries and
wellheads shall be indicated on the plat, per the setback
requirements of Section 23-3-50.E of the Weld County Code.
17) The applicant shall show and label the accepted drainage features
and drainage flow arrows. Water quality features or stormwater
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ponds should be labeled as "Water Quality Feature/Stormwater
Detention, No -Build or Storage Area" and shall include the
calculated volume.
18) Show and label the accepted recorded drainage License
Agreement and reference the reception number.
19) Show and label the parking and traffic circulation flow arrows
showing how the traffic moves around the property.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) paper copy or one (1) electronic copy (.pdf) of the map for preliminary approval
to the Weld County Department of Planning Services. Upon approval of the map,
the applicant shall submit a Mylar map along with all other documentation required
as Conditions of Approval. The Mylar map shall be recorded in the office of the
Weld County Clerk and Recorder by the Department of Planning Services. The
map shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. The Mylar map and additional requirements shall be
submitted within one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution. The applicant shall be responsible for paying
the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the map not be recorded within the required one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution, a
$50.00 recording continuance charge shall be added for each additional three (3)
month period.
4. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable format is a projected ESRI
shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983
UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS
0501 (US Feet), etc.). This digital file may be sent to maps@co.weld.co.us.
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
B. The approved access and tracking control shall be constructed prior to
on -site construction.
6. Prior to the issuance of the Certificate of Occupancy:
A. An On -site Wastewater Treatment System (OWTS) is required for the
proposed facility and shall be installed according to the Weld County
OWTS. The septic system is required to be designed by a Colorado
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SPECIAL REVIEW PERMIT (USR17-0043) - CACTUS HILL RANCH COMPANY, C/O SIMON
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PAGE 13
Registered Professional Engineer according to the Weld County OWTS
Regulations.
B. As applicable, 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.
7. Prior to Operation:
A. 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.
8. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder or the
applicant has been approved for an early release agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of February, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
ATTEST: dit4,1) jeL:eik,
Weld County Clerk to the Board
BY
APP
uty Clerk to the Board
ounty • torney
WELQ,COUNTY, COLORADO
Steye Moreno, Cha,y
Date of signature: oral 1 8'
arbara Kirkmey, Pro-Tem
can P. Conway
1
Mike Freeman
(AYE)
� — (AYE)
471W
NAY)
(AYE)
(AYE)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CACTUS HILL RANCH COMPANY, C/O SIMON CONTRACTORS, INC.
USR17-0043
1. The Site Specific Development Plan and Use by Special Review Permit, USR16-0043, is
for Mineral Resource Development Facilities including Asphalt and Concrete Batch Plants,
materials processing (crushing and screening) material stockpiles, an office, a shop, and
outdoor truck and employee parking in the A (Agricultural) Zone District, subject to the
Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The normal hours of operation are 6:00 a.m. to 6:00 p.m., Monday through Saturday, for
the site office and is unrestricted in the case of public or private emergency or to make
necessary repairs to equipment.
4. The hours of operation for Simon Constructors shall be the following:
A. Hours of Operation for Asphalt and Ready Mix Concrete:
1) The plant will typically only operate Monday through Saturday.
2) The standard hours of plant operation will be limited to one hour before
sunrise to one hour after sunset.
3) Load -out from storage silos will be limited to one hour before sunrise to one
hour after sunset.
4) When the plant is operating at night, it will only occur when material is
requested by cities, counties, or CDOT, for night paving projects.
Operations will be considered "night operations," when they take place
between the hours of one hour after sundown to one hour before sunrise.
Depending on the request of the jurisdiction purchasing the asphalt, night
operations could occur seven days per week. When Simon Contractors
becomes aware of projects that require night operations, they will email the
Weld County Planning Director to let him/her know about the plans to
operate outside of daylight hours, who the project is for, how long it will be
occurring, and where the materials are being delivered.
B Hours of Operation for Aggregate and Recycling
1) Aggregate recycling operations will only occur Monday through Saturday.
2) Aggregate washing and recycling operations will only occur during daylight
hours (dawn to dusk or 6:30 a.m. to 6:00 p.m. during the winter); actual
operating hours will vary dependent on weather and business levels.
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5. The number of on -site employees for Simon Constructors shall be 35 full-time employees
and 17 truck drivers, as stated by the applicant.
6. The internal road and parking area shall be paved and maintained in accordance with the
approved Parking Plan.
7. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
8. The property owner/operator shall comply with the approved Landscaping/Screening
Plan.
9. 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.
10. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
11. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
12. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The facility shall operate in accordance with Chapter 14, Article I, of the Weld
County Code.
13. The property owner/operator shall comply with the Dust Mitigation Plan, as approved by
the Department of Planning Services. Fugitive dust should attempt to be confined on the
property. Uses on the property should comply with the Colorado Air Quality Commission's
Air Quality Regulations.
14. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit Application and obtain a permit from the Air Pollution Control Division of the
Colorado Department of Public Health and Environment, as applicable.
15. The facility shall adhere to the maximum permissible noise levels allowed in the Light
Industrial Zone District, as delineated in Section 25-12-103, C.R.S. The facility shall
adhere to the maximum permissible noise levels allowed in the Residential Zone District,
as delineated in Sec 14-9-30 and as measured at the property line of the existing
residential lots.
16. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the
applicable provisions of 40 CFR, Part 112, shall be available on -site.
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PAGE 3
17. 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.
18. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges
in accordance with the rules and regulations of the Water Quality Control Commission,
and the Environmental Protection Agency.
19. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault
and hauled off for proper disposal. Records of installation, maintenance, and proper
disposal shall be retained.
20. All potentially hazardous chemicals must be handled in a safe manner in accordance with
product labeling. All chemicals must be stored secure, on an impervious surface, and in
accordance with manufacturer's recommendations.
21. Any stained or contaminated soils on the facility shall be removed and disposed of in
accordance with applicable rules and regulations. Any reportable spills will be reported
and documented in accordance with all state and federal regulations and records will be
kept onsite for WCDHPE review upon request.
22. 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's (WQCD)
Regulations.
23. For employees that are on the site for less than two (2) consecutive hours a day or 10 or
less customers or visitors per day, portable toilets and bottled water are acceptable.
Records of maintenance and proper disposal for portable toilets shall be retained on a
quarterly basis and available for review by the Weld County Department of Public Health
and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County
and shall contain hand sanitizers.
24. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
25. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Waste Water Treatment Systems (OWTS).
26. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
27. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
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28. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
29. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
30. The historical runoff amounts on the site will be maintained, in compliance with the
approved Drainage Plan.
31. Weld County is not responsible for the maintenance of on -site and off -site drainage related
features.
32. Sources of light shall be shielded so that beams or rays of light will not shine directly onto
adjacent properties. Sources of light should not cause a nuisance or interfere with the use
on the adjacent properties in accordance with the map. Neither the direct, nor reflected,
light from any light source may create a traffic hazard to operators of motor vehicles on
public or private streets. No colored lights may be used which may be confused with, or
construed as, traffic control devices.
33. 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.
34. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
35. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
36. 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.
37. 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.
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38. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and persons moving into these areas
must recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
39. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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