HomeMy WebLinkAbout20173504.tiffBEFORE THE WELD COUNTY. COLORADO. PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Gene Stille, that the following resolution be introduced for passage by the Weld County Planning
Commission Be it resolved by the Weld County Planning Commission that the application for.
CASE NUMBER
APPLICANT
PLANNER
REQUEST
LEGAL DESCRIPTION
LOCATION
USR17-0043
CACTUS HILL RANCH CO . CIO SIMON CONTRACTORS
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR
MINERAL RESOURCE DEVELOPMENT INCLUDING ASPHALT AND CONCRETE
BATCH PLANTS MATERIALS PROCESSING (CRUSHING AND SCREENING).
MATERIAL STOCK PILES. AN OFFICE, A SHOP OUTDOOR TRUCK AND
EMPLOYEE PARKING IN THE A (AGRICULTURAL) ZONE DISTRICT
PART W2 SECTION 16. T7N, R67W OF THE 6TH P M WELD COUNTY,
COLORADO
SOUTH OF AND ADJACENT TO CR 80 5. EAST OF AND ADJACENT TO STATE
HIGHWAY 257.
be recommended favorably to the Board of County Commissioners 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 Planning Commission that the applicant has shown compliance with Section 23-2-
220 of the Weld County Code as follows
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect.
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."
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 ' 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.
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 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 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 application materials_
Section 22-2-80. 1.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
RESOLUTION USR17-0043
CACTUS HILL RANCH CO O/O SIMON CONTRACTORS
PAGE 2
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 siteto discuss haul routes in the area and the overall fit of the project within
the area
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
Section 22-2-80.E. 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.
Section 22-2-80.F 1 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 1/2 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, the placement of the batch plant site to the west
behind the earth berm and away from the rural residential development. As previously 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.
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.
Section 22-2-80.F 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 their neighbors within 1.000 feet of
the property and also invited three residents located east along Weld 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. time of
day of operations. traffic. particularly the traffic impact at County Road 80 5 and Highway 257 and the
smell coming from the facility.
RESOLUTION USR17-0043
CACTUS HILL RANCH CO. C/O SIMON CONTRACTORS
PAGE 3
B. Section 23-2-220.A.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.
C. Section 23-2-220.A.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 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 located in the immediate area with the nearest residence being
located approximately 260 -feet north of the property line, with the second residence being
approximately 540 -feet east of the property line. All other residences are located 1500 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) and to
the southwest a 5000 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 150ft 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 Highway 257 with traffic heading north to Highway 14 Vendors and employees
will access the facility from the west onto County Road 80.5
Staff has received no correspondence letter 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 movements. These plans
and proposed vehicular improvements along with the Development Standards and the Conditions of
Approval for this proposal will assist in mitigating the impacts of the facility on the adjacent
properties and ensure compatibility with surrounding land uses.
D Section 23-2-220.A.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.
RESOLUTION USR17-0043
CACTUS HILL RANCH CO CiO SIMON CONTRACTORS
PAGE 4
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 Coordinated Planning Agreement Area (CPA) of a of the Towns of Severance and Windsor.
The Town of Severance, as apart of the application submitted a letter of support: The Town off
Windsor in an email dated August 11, 2017 indicated no conflict with their interests and the Town of
Timnath and Larimar County did not return a referral.
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, 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 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.
Section 23-2-220.A.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
Section 23-2-220.A.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 not Prime per the 1979
Soil Conservation Service Important Farmlands of Weld County Map. The property has historically
been utilized for hay production and currently there is no irrigation on the property
G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health. safety, and
welfare of the inhabitants of the neighborhood and County
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 health, safety, and welfare of the inhabitants of the
neighborhood and County
This recommendation is based. in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request. and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following
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_ (Department of Planning Services)
RESOLUTION USR17-0043
CACTUS HILL RANCH CO . CIO SIMON CONTRACTORS
PAGE 5
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." (Department of Planning Services)
C. The applicant shall submit an updated Landscape/Screening Plan to the Department of
Planning Services for review and approval. 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. (Department of Planning Services)
D. The applicant shall submit a Parking Plan showing at a minimum 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. (Department of Planning Services)
E. The applicant shall submit evidence from Larimer County Canal Company that the canal will accept
overland flows of water from the property into the canal. Evidence shall be submitted in writing on
company letterhead. to the Weld County Department of Planning Services (Department of Planning
Services)
F An Improvements and Road Maintenance Agreement is required for offsite improvements at this
location Road maintenance including. but not limited to dust control, damage repair. specified haul
routes and future traffic triggers for improvements will be included. (Department of Public Works)
G. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required. (Department of Planning Services -Engineer)
H. 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 in writing on company letterhead. to the Weld County Department of
Planning Services. (Department of Planning Services)
The applicant shall submit evidence from the Colorado Department of Transportation that the
concerns and issues in their referral dated September 14, 2017 have been addressed to their
satisfaction. Written evidence shall be submitted in writing on company letterhead. to the Weld
County Department of Planning Services (Department of Planning Services)
J. The map shall be amended to delineate the following:
1 All sheets of the map shall be labeled USR17-0043 (Department of Planning Services)
2 The attached Development Standards. (Department of Planning Services)
3 The map shall be prepared in accordance with Section 23-2-260 D of the Weld County Code
(Department of Planning Services)
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. (Department of Planning
Services)
5. The map shall delineate the earth berms, the vegetative landscape and opaque screening.
(Department of Planning Services)
6. The map shall delineate the parking areas for employees. on -site equipment and vendors.
(Department of Planning Services)
7. The map shall delineate the lighting. (Department of Planning Services)
RESOLUTION USR17-0043
CACTUS HILL RANCH CO.. C/O SIMON CONTRACTORS
PAGE 6
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. (Department of Planning Services)
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 future right-of-way. This road is maintained by Weld County. (Department of Public Works)
10 Show and label the stop sign at each point of outbound egress. (Department of Planning
Services)
11 Show and label the approved access(es) (AP17-00TBD), and the minimum 60 -foot turning radii
on the site plan. (Department of Public Works)
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. (Department of Public Works)
13 Show and label the approved tracking control on the site plan_ (Department of Public Works)
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. (Department of Public Works)
15. Show and label all recorded easements on the map by book and page number or reception
number and date on the site plan. (Department of Planning Services)
16 Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the
plat per the setback requirements of 23-3-50.E of the Weld County Code. (Department of
Planning Services)
17. The applicant shall show and label the accepted drainage features and drainage flow arrows.
Water quality features or stormwater ponds should be labeled as "Water Quality
Feature/Stormwater Detention, No -Build or Storage Area" and shall include the calculated
volume. (Department of Planning Services -Engineer)
18 Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property (Department of Planning Services -Engineer)
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. (Department of Planning Services)
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 added for each additional three
(3) month period. (Department of Planning Services)
RESOLUTION USR17-0043
CACTUS HILL RANCH CO C/O SIMON CONTRACTORS
PAGE 7
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(a�co.weld.co.us. (Department of
Planning Services)
5. Prior to Construction_
A. If more than 1 acre is to be disturbed. a Weld County grading permit will be required. (Department of
Planning Services - Engineer)
B. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
6. Prior to the issuance of the Certificate of Occupancy:
A. An onsite wastewater treatment system is required for the proposed facility and shall be installed
according to the Weld County Onsite Wastewater Treatment System Regulations. The septic system
is required to be designed by a Colorado Registered Professional Engineer according to the Weld
County Onsite Wastewater Treatment System Regulations. (Department of Public Health and
Environment)
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. (Department of Public Health and Environment)
7. Prior to Operation:
A. Accepted construction drawings and construction of the offsite roadway improvements are required
prior to operation. (Department of Public Works) Off -site improvements include asphalt paving of CR
80.5 from Highway 257 to 50 feet east of the easternmost access to the facility. (Department of Public
Works)
B 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 (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.
(Department of Planning Services)
RESOLUTION USR17-0043
CACTUS HILL RANCH CO CIO SIMON CONTRACTORS
PAGE 8
Motion seconded by Bruce Sparrow
VOTE
For Passage
Bruce Sparrow
Terry Cross
Tom Cope
Gene Stille
Lonnie Ford
Against Passage
Absent
Bruce Johnson
Jordan Jemiola
Michael Wades
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado. adopted on October 3, 2017
Dated the 3rd of October. 2017
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Cactus Hill Ranch Company
c/o Simon Constructors, Inc.
USR17-0043
A Site Specific Development Plan and Use by Special Review Permit. USR16-0043, for Mineral Resource
Development Facilities including Asphalt and Concrete Batch Plants. materials processing (crushing and
screening) material stockpiles in the A (Agricultural) Zone District, subject to the Development Standards
stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. The normal hours of operation are 6:00 AM to 6:00 PM 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
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 COOT, 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 Constructors 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 Ready Mix Concrete:
1) The Ready Mix Concrete Plant will 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) The plant will not operate more than 16 hours per day.
4) Ready Mix trucks will generally operate during plant operations. but may return to the plant
after plant shutdown to be cleaned and parked
C 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 600 p.m. during the winter), actual operating hours will vary
dependent on weather and business levels
RESOLUTION USR17-0043
CACTUS HILL RANCH CO C/0 SIMON CONTRACTORS
PAGE 10
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. (Department of Planning Services)
6. The parking area on the site shall be maintained. (Department of Planning Services)
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. (Department of Planning Services)
8. The landscaping/screening on the site shall be maintained. (Department of Planning Services)
9. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15'h 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 (Department
of Planning Services)
10. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 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. (Department of Public Health and Environment)
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. 30-20-100.5, C.R.S. (Department of Public Health and Environment)
12. Waste materials shall be handled, stored, and disposed 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 1 of the Weld County Code. (Department of Public Health and
Environment)
13. 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 (Department of Public Health and Environment)
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, Colorado Department of Public Health and
Environment, as applicable. (Department of Public Health and Environment)
15. The facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial Zone as
delineated in 25-12-103 C R S (Department of Public Health and Environment)
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 (Department of Public Health and Environment)
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. (Department of Public
Health and Environment)
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. (Department of Public Health and Environment)
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.
(Department of Public Health and Environment)
RESOLUTION USR17-0043
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PAGE 11
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 (Department of Public Health and Environment)
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.
(Department of Public Health and Environment)
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 (Department of Public Health and
Environment)
23. For employees that are on site for less than 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. (Department of Public Health and Environment)
24. A permanent. adequate water supply shall be provided for drinking and sanitary purposes. (Department of
Public Health and Environment)
25 Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to Onsite Waste Water Treatment Systems (Department of Public Health and Environment)
26. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the
Weld County Code. (Department of Public Health and Environment)
27. The property owner shall control noxious weeds on the site. (Department of Public Works)
28. The access on the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking (Department of Public Works)
29. There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized.
(Department of Public Works)
30. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services - Engineer)
31. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Planning Services - Engineer)
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. (Department of Planning
Services)
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. (Department of Building Inspection)
RESOLUTION USR17-0043
CACTUS HILL RANCH CO . C/O SIMON CONTRACTORS
PAGE 12
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
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 person moving into these areas
must recognize the various impacts associated with this development Often times. 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. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in
the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious. but they are
intensively used for agriculture Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than
in town Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural
areas open views, spaciousness, wildlife, lack of city noise and congestion. and the rural atmosphere
and way of life. Without neighboring farms. those features which attract urban dwellers to rural Weld
County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts. including noise from tractors and equipment: slow -moving farm vehicles on
rural roads, dust from animal pens. field work. harvest and gravel roads; odor from animal confinement.
silage and manure: smoke from ditch burning: flies and mosquitoes: hunting and trapping activities:
shooting sports, legal hazing of nuisance wildlife, and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County. Section 35-3.5-102. C.R.S., provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
RESOLUTION USR17-0043
CACTUS HILL RANCH CO C/O SIMON CONTRACTORS
PAGE 13
Water has been, and continues to be. the lifeline for the agricultural community. It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development When
moving to the County, property owners and residents must realize they cannot take water from irrigation
ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses. including law enforcement,
ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and
families to respond to emergencies. County gravel roads, no matter how often they are bladed. will not
provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in
rural areas. in many cases, will not be equivalent to municipal services. Rural dwellers must. by
necessity. be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment. ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open
burning present real threats_ Controlling children's activities is important. not only for their safety, but also
for the protection of the farmer's livelihood.
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. October 3, 2017
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building. Hearing Room. 1150 O Street. Greeley. Colorado. This meeting was called to order by Chair,
Terry Cross. at 12:30 pm.
Roll Call.
Present: Bruce Sparrow. Gene Stifle, Lonnie Ford, Terry Cross, Tom Cope.
Absent. Bruce Johnson. Jordan Jemiola, Michael Wailes
Also Present Kim Ogle. Chris Gathman, and Michelle Martin. Department of Planning Services. Hayley
Balzano, Department of Planning Services — Engineering Division: Lauren Light and Ben Frissell,
Department of Health. Evan Pinkham. Public Works: Bob Choate. County Attorney, and Kris Ranslem,
Secretary
Motion: Approve the September 19. 2017 Weld County Planning Commission minutes. Moved by Tom
Cope. Seconded by Bruce Sparrow Motion passed unanimously.
CASE NUMBER
APPLICANT
PLANNER
REQUEST
LEGAL DESCRIPTION
LOCATION
USR 17-0043
CACTUS HILL RANCH CO C/O SIMON CONTRACTORS
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR
MINERAL RESOURCE DEVELOPMENT INCLUDING ASPHALT AND
CONCRETE BATCH PLANTS, MATERIALS PROCESSING (CRUSHING AND
SCREENING), MATERIAL STOCK PILES. AN OFFICE, A SHOP. OUTDOOR
TRUCK AND EMPLOYEE PARKING IN THE A (AGRICULTURAL) ZONE
DISTRICT.
PART W2 SECTION 16, T7N. R67W OF THE 6TH P.M., WELD COUNTY,
COLORADO
SOUTH OF AND ADJACENT TO CR 80 5 EAST OF AND ADJACENT TO STATE
HIGHWAY 257
Kim Ogle. Planning Services. presented Case USR17-0043, reading the recommendation and comments
into the record Mr Ogle noted that four (4) letters were received Two letters expressed concern regarding
potential of water and air pollution. expected noise pollution. light pollution. the potential for criminal activity
when the plant is not in operation. and the concern of materials flowing into the canal. One letter was from
the owner of the property requesting that no screening of the property be required. The landowner owns
adjacent lands to the north. south and west of this proposed site. Another letter was received from Platte
River Power Authority indicating they have knowledge of the uses within their utility easement and have no
additional comments at this time. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards
Evan Pinkham, Public Works, reported on the existing traffic and access to the site.
Commissioner Cope clarified if there are three (3) entrances. Mr. Pinkham said that the applicant has
reduced the number of entrances to two (2) with the eastern most entrance removed.
Hayley Balzano. Engineering. reported on the drainage conditions for the site.
Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements. on -site
dust control. and the Waste Handling Plan.
Anne Johnson. Tetra Tech, 1900 South Sunset Street. Longmont. Colorado. stated that on May 2. 2017
they did request a Use by Right for a temporary facility and was approved on May 15, 2017. Since that
time. they had met with Weld County in a pre -application meeting as well as the Town of Severance and
the Severance/Windsor Fire and Rescue Department. Additionally, they held a neighborhood meeting on
July 10, 2017 originally the applicant requested three (3) access points. however after talkin• wi h Weld
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County and the Severance Fire District they have agreed to the removal of one entrance to have two access
points.
Ms. Johnson referred to Condition of Approval 1.E and asked that this be amended to be consistent with
County Code Section 23-2-370.D.2.K regarding evidence of the ditch company of sign off on their
letterhead. She requested that it be consistent with the County Code indicating that if such an agreement
cannot be reached the applicant shall present evidence that an adequate attempt to reach such agreement
has been made. Additionally.. Ms. Johnson referred to Development Standard 4.A.4 regarding the hours of
operation and requested that private companies be included for night paving projects, such as parking lots.
Ms. Johnson requested the removal of Development Standard 4.B.3 and add a new Development Standard
4.B.5 regarding the hours of the ready -mix facility to be consistent with the asphalt plant.
In regard to the letters of concern. Ms. Johnson stated that the conditions of approval and development
standards address the issues of air and water pollution. Ms. Johnson said that County Road 80.5 will be
paved to the 50 feet past the eastern entrance point and will eliminate dust. Lighting will only be done
during nighttime operations only and the lights will be downcast. The height of the silos will be
approximately 65 feet high. For safety reasons. the stockpiles of material will be approximately 12 foot
high.
Ms. Johnson stated that in their discussions with the Town of Severance they were happy to see this type
of facility as it represents more competition for building materials.
Ms. Johnson said that they would be willing to add a second aqua swirl to mitigate any perceived water
quality issues
Commissioner Cope asked the applicant to explain how the aqua swirl operates and what it treats. Jeff
Butson. Tetra Tech, provided a brief explanation and said it is a type of device that treats flowing water to
remove free -flowing hydrocarbons and sediments from the water stream The waste collected from the
device is vacuumed out and disposed of at an appropriate landfill.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Tom Moore. Managing Partner of K&M Company, which is s a family partnership, and stated that they own
a farm immediately east of this site. He said that this project has a huge impact on their farm including
noise, dust. air pollution, light and traffic. His farm irrigates out of the next head gate down from the site
and pollution to the ditch is a large concern.
Christian Schulte. representing Tom Moore. stated that he provided a Severance Land Use Map and said
that the intended use of this area for residential and commercial use as part of that development node is
something that the Planning Commission should consider. He said that the 65 foot structures create an
eyesore as the surrounding area becomes more residential and is not suitable for this kind of operation.
Mr. Schulte requested denial of this application. He added that he was distressed to hear the request of
modifications of various conditions of approval and development standards.
Commissioner Cope asked if the applicant is required to have a discharge permit from the detention ponds
into the irrigation ditch. Mr. Butson said that there is a discharge permit required by the State of Colorado
for industrial or commercial activities. Mr. Cope asked if in that discharge permit what the criteria is Rod
Havens. Simon Contractors. 6215 Clear Creek Parkway, Cheyenne. Wyoming. stated that this site has a
statewide Air Quality Permit and a statewide Water Quality Permit. With this permit, they are required to
list outfalls and perform periodic testing of the water at the outfall of the drainage.
Commissioner Ford referred to the dust concerns and asked if dust will be visible when crushing. Mr.
Havens said that it will be sprayed with water so there will be no visible dust.
Commissioner Cope asked how many trucks per day are expected to come to the facility. Ms. Johnson
replied that there will be an average of 250 trucks per day. Commissioner Ford asked how much traffic is
currently coming out of the facility. Ms. Johnson said that with the current temporary use there are 200
trucks per day.
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The Chair asked staff for their opinion regarding the requested changes to the conditions of approval and
developments standards by the applicant Mr. Ogle stated that Staff is requesting that the staff report stand
as is and that the request be brought to the Board of County Commissioners.
The Chair asked Staff's opinion on the requested changes to the conditions of approval and development
standards. Mr Ogle recommended that the staff report remain as is and the requested changes be brought
up at the Board of County Commissioner Hearing.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Commissioner Stille said that it seems there is quite a bit of traffic. however CDOT didn't seem concerned
with the stop light handling that kind of traffic. Commissioner Cope said that this site is in a tight area and
the amount of traffic does concern him.
Motion: Forward Case USR17-0043 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Gene Stille, Seconded by Bruce Sparrow.
Vote: Motion passed (summary: Yes = 4, No = 1. Abstain = 0)
Yes: Bruce Sparrow, Gene Stille. Lonnie Ford, Terry Cross.
No: Tom Cope.
Commissioner Cope said that he doesn't believe it is compatible with the surrounding area and the intended
use of the Town of Severance
Meeting adjourned at 2:59 pm.
Respectfully submitted.
Kristine Ranslem
Secretary
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