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LAND USE APPLICATION
SUMMARY SHEET
Kim Ogle
USR17-0043
Cactus Hill Ranch Company
c/o Simon Contractors, 1130 Old Town Lane, Cheyenne, WY 82009
Hearing Date: October 3, 2017
Anne Johnson, Tetra Tech, 1900 South Sunset Street, Longmont, CO 80501
A Site Specific Development Plan and Use by Special Review Permit, USR17-0043, for
Mineral Resource Development Facilities including Asphalt and Concrete Batch
Plants materials processing (crushing and screening) material stockpiles in the A
(Agricultural) Zone District
Part of the W2 of Section 16, Township 7 North Range 67 West of the 6th P.M., Weld
County Colorado
South of and adjacent to County Road 80.5; East of and adjacent to Highway 257
+1- 31 acres Parcel No. 0705-16-0-00-054
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
Weld County Department of Planning Services - Engineer, referral dated September 12, 2017
Weld County Department of Public Health and Environment, referral dated August 31, 2017
Colorado Department of Transportation, referral dated September 14, 2017
Weld County Department of Public Works, referral dated September 18, 2017
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Town of Windsor, referral dated August 11, 2017
Y Weld County Zoning Compliance, referral dated August 14, 2017
Y Weld County Sherriff's Office, referral dated August 25, 2017
Y Extraction Oil and Gas Company, referral dated August 31, 2017
The Department of Planning Services' staff has not received responses from the following agencies:
V V V V V V V V
Larimer County
Town of Timnath
Town of Severance
Colorado Parks and Wildlife
North Weld County Water District
Weld County School District RE -4
Water Supply and Storage Company
Fort Collins Soil Conservation District
USR17-0043, Cactus Hill Ranch Company, c!o Simon Contractors Page 1 of 15
Windsor -Severance Fire Protection District
Y Colorado Division of Labor and Employment
▪ Weld County Department of Building Inspection
▪ Weld County Office of Emergency Management
▪ Weld County Department of Public Works - Access
▪ Colorado Department of Public Health and Environment
USR17-0043, Cactus Hill Ranch Company, c!o Simon Contractors Page 2 of 15
Planner:
Case Number:
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SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Kim Ogle
USR17-0043
Cactus Hill Ranch Company
d o Simon Contractors, 1130 Old Town Lane, Cheyenne, WY 82009
Hearing Date: October 3, 2017
Anne Johnson, Tetra Tech, 1900 South Sunset Street, Longmont, CO 80501
A Site Specific Development Plan and Use by Special Review Permit, USR17-0043, for
Mineral Resource Development Facilities including Asphalt and Concrete Batch
Plants, materials processing (crushing and screening), material stockpiles in the A
(Agricultural) Zone District
Part of the W2 of Section 16, Township 7 North Range 67 West of the 6th P.M., Weld
County Colorado
South of and adjacent to County Road 80.5; East of and adjacent to Highway 257
Size of Parcel: 31 +/- acres Parcel No. 0705-16-0-00-054
Case Summary:
Simon Contractors Company (Simon) is proposing the development of the Severance Asphalt and
Ready -Mix Concrete Plants. The proposed facility is located on Weld County Road 80.5,
approximately 1/2 mile south of State Highway 14 and adjacent to and east of State Highway 257. The
facility was granted a Use by Right for a temporary asphalt plant associated with a specific CDOT
project on State Highway 85 for a period of 6 months or until November 15, 2017. The uses proposed
through this request is for permanent asphalt and ready -mix concrete plants, an office and shop, truck
and employee parking, crushing and screening, as well as material stock piles.
Simon Contractors Company (Simon) is a company owned by Colas USA, a construction engineering
company. Simon has operations in Wyoming, South Dakota, Western Nebraska and Northern Colorado
and provides a number of services including Asphalt and Asphalt Paving, Ready -Mix Concrete,
Bridge Construction, Utility Construction, and Concrete Construction. The proposed site was selected
due to proximity to the State Highways as well as growing communities. The Severance facility will
provide Asphalt and Ready -Mix Concrete products to any number of potential Weld County and
Northern Colorado customers both in the public and private sectors. Simon anticipates receiving
aggregate to the site from Southern Wyoming by truck, unless a more cost effective local source is
secured. Aggregate received at the site will include crushed stone, sand, gravel, and recycled asphalt
product.
USR17-0043, Cactus Hill Ranch Company, c!o Simon Contractors Page 3 of 15
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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 Department of Planning Services' staff 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."
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 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
USR17-0043, Cactus Hill Ranch Company, c!o Simon Contractors Page 4 of 15
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 (.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.
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
USR17-0043, Cactus Hill Ranch Company, c!o Simon Contractors Page 5 of 15
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.
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
USR17-0043, Cactus Hill Ranch Company, c!o Simon Contractors Page 6 of 15
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.
E. 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.
F. 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 Department of Planning Services' staff 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)
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
USR17-0043, Cactus Hill Ranch Company, c!o Simon Contractors Page 7 of 15
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)
I. 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)
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)
USR17-0043, Cactus Hill Ranch Company, c!o Simon Contractors Page 8 of 15
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)
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.
(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)
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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)
7. 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)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Cactus Hill Ranch Company
clo Simon Constructors, Inc.
USR17-0043
1. 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 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 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
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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.
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 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.
(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)
USR17-0043, Cactus Hill Ranch Company, do Simon Contractors Page 12 of 15
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)
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)
USR17-0043, Cactus Hill Ranch Company, do Simon Contractors Page 13 of 15
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)
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
USR17-0043, Cactus Hill Ranch Company, do Simon Contractors Page 14 of 15
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.
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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September 11, 2017
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@weldgov.com
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
ANNE BEST JOHNSON
1900 S SUNSET ST STE 1E
LONGMONT CO 80501
Subject: USR17-0043 - 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, ASHOP, OUTDOOR TRUCK AND EMPLOYEE PARKING IN THE A(AGRICULTURAL) ZONE
DISTRICT.
On parcel(s) of land described as:
PART W2 SECTION 16, T7N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on October 3, 2017, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on October 25, 2017
at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building,
1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.orq
If you have any questions concerning this matter, please call.
Res.ecttu
Kim Ogle
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@weldgov.com
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
August 11, 2017
ANNE BEST JOHNSON
1900 S SUNSET ST STE 1E
LONGMONT CO 80501
Subject: USR17-0043 - 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, ASHOP, OUTDOOR TRUCK AND EMPLOYEE PARKING IN THE A(AGRICULTURAL) ZONE
DISTRICT.
On parcel(s) of land described as:
PART W2 SECTION 16, T7N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Departments for their review and comments:
Severance at Phone Number 970-686-1218
Windsor at Phone Number 970-674-2400
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
Kim Ogl
Planner
FIELD CHECK — USR17-0043
Inspection Date: September 15, 2017
Applicant: Simon Contractors, Inc.
Request: A Site Specific Development Plan and Use by Special Review Permit, USR16-0043, for
Mineral Resource Development Facilities including Asphalt and Concrete Batch Plant,
materials processing (crushing and screening), material stockpiles, an office, outdoor truck
and employee parking in the A (Agricultural) Zone District
Legal: Part of the W2 of Section 16, Township 7 North Range 67 West of the 6tn P.M., Weld County
Colorado
Location: South of and adjacent to County Road 80.5; East of and adjacent to Highway 257
Parcel ID #: 0705-16-0-00-054
Acres: 31 +/-
Zoning
Land Use
N
AGRICULTURE
N
Irrigated Agricuture
E
AGRICULTURE
E
Single Family Residence and outbuildings
S
AGRICULTURE
S
Larimer County Canal — Water Supply & Storage with Agriculture fields
W
AGRICULTURE
W
State Highway 257 — Agriculture fields
Comments:
The property is located south of County Road 80.5 and the Larimer County Canal on a relatively narrow
width of land that is encumbered by an overhead transmission line within a 100 -foot easement. Also
located within the easement is a local electric line feed operated by Poudre REA. County Road 80.5 is a
local gravel road with several soft spots to the west near the end of the apron adjacent to the State
Highway.. The site is currently graveled and graded and is operational for the production of asphalt.
There are improvements located on the property.
Sight distance is limited as CR 80.5 slopes to the west and SH 257 is an up hill gradient and is posted at
55 MPH. There is a canal bridge approximately 500 feet south of the County Road intersection.
❑ Access to Property
❑ Ditch
❑ Site Distance ❑ Utilities On -Site (transmission lines)
Note any commercial business/commercial vehicles that are operating from the site.
The site is encumbered by a Temporary Batch Plant associated with Simon Constructors who are
providing paving product to the State Highway 85 project.
Hello