HomeMy WebLinkAbout20180185.tiffHEARING CERTIFICATION
DOCKET NO. 2017-86.C
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR17-0043, FOR MINERAL RESOURCE DEVELOPMENT INCLUDING ASPHALT
AND CONCRETE BATCH PLANTS, MATERIALS PROCESSING (CRUSHING AND
SCREENING), MATERIAL STOCK PILES, AN OFFICE, A SHOP, AND OUTDOOR
TRUCK AND EMPLOYEE PARKING IN THE A (AGRICULTURAL) ZONE DISTRICT -
CACTUS HILL RANCH COMPANY, C/O SIMON CONTRACTORS, INC.
A public hearing was conducted on January 10, 2018, at 10:00 a.m., with the following present:
Commissioner Steve Moreno, Chair
Commissioner Barbara Kirkmeyer, Pro -Tern
Commissioner Sean P. Conway
Commissioner Julie Cozad
Commissioner Mike Freeman
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative, Kim Ogle
Public Works Department representative, Evan Pinkham
Planning Services Engineer representative, Hayley Balzano
Health Department representative, Ben Frissell
The following business was transacted:
• Chair Moreno called the hearing to order. Commissioner Cozad clarified she does not have
a conflict of interest with the case being heard today.
• Commissioner Kirkmeyer stated a conflict of interest, per the County Code, would mean
receiving a financial gain from the applicants. Commissioner Cozad stated for the record she has
no financial interest and has not received any financial gain from the companies represented in
this case.
• I hereby certify that pursuant to a notice dated September 15, 2017, and duly published
October 20, 2017, in the Greeley Tribune, a public hearing was conducted on October 25, 2017,
to consider the request of Cactus Hill Ranch Company, c/o Simon Contractors, Inc., for a Site
Specific Development Plan and Use by Special Review Permit, USR17-0043, for Mineral
Resource Development including Asphalt and Concrete Batch Plants, materials processing
(crushing and screening), material stock piles, an office, a shop, and outdoor truck and employee
parking in the A (Agricultural) Zone District, at which time the Board deemed it appropriate to
continue the matter to Monday, November 6, 2017, at 10:00 a.m., to allow the applicant time to
schedule a second open house for surrounding property owners and to allow all five (5)
Commissioners to be present. On November 6, 2017, the hearing was conducted and recessed
at 3:30 p.m., to be reconvened on November 8, 2017, at 9:00 a.m., and subsequently continued
to January 10, 2018, at 10:00 a.m., to allow the Board of County Commissioners adequate time
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to review the numerous exhibits submitted at the hearing. On January 10, 2018, Bob Choate,
Assistant County Attorney, made this a matter of record and instructed the audience regarding
the order of procedures for the hearing today.
• In response to Commissioner Conway, Mr. Choate stated the Board has the discretion to
re -open public comment; however, he reviewed the direction given at the prior hearing to not allow
further exhibits from the public due to the amount of information received.
Commissioner Kirkmeyer stated due to the amount of information submitted by the applicant
since the last hearing, and given the responsibility of every Commissioner to review all the
documents, she requested the Board limit the rebuttal to 90 minutes and asked for a continuance
to February 5, 2018, at 10:00 a.m., to be able to review these additional documents submitted so
close to this hearing date. She also requested the Board close public record for the applicant, as
well as the public, to refrain from anymore document submittals.
eg Chair Moreno followed up stating he was also overwhelmed with the amount of documents
submitted and agreed the Board needs more time to review these items.
• Commissioner Conway agreed with the sentiments of his fellow Commissioners and stated
he was stunned regarding the number of documents received. He further clarified the motion for
a continuance opens the option for public comment regarding the continuance.
• Commissioner Cozad agreed and provided a recap of receiving the book of information on
December 27th and the additional documents on Friday prior to this hearing and that she has
spent a lot of time reviewing these documents; however, she stated she would appreciate more
time to review these items more closely. She further stated she is willing to hear the applicant's
closing comments today, but is in agreement with a continuance and closing the public record to
make sure there are no additional submittals.
• Commissioner Freeman stated he left town on December 26th and returned on January 3rd
to this large amount of information. He asserted that although he has reviewed much of it, he
agreed with the suggested continuance to allow time to review these items more completely.
• In response to Chair Moreno, Commissioner Kirkmeyer reiterated the idea of limiting the
rebuttal to 90 minutes for expert testimonies.
• In response to the Board's limit on the rebuttal, Anne Johnson, Tetra Tech, represented the
applicant and explained the nature of the rebuttal is to walk through the Conditions of Approval,
Development Standards and the mitigation responses to questions and concerns presented at
prior hearings.
• Ms. Johnson began with a summation of the presentation to include the dates additional
documents were presented and the reasoning behind these submittals to mitigate and answer
questions presented to the applicant at prior hearings. She clarified the intended land use is for a
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ready mix concrete plant, not a cement plant; and an asphalt plant, not a paving operation, and it
would include parking, an office, and recycling. She introduced several individuals who will
discuss their areas of expertise and be available to answer questions. Ms. Johnson stated the
rebuttal presentation is being divided into three (3) main sections to illustrate how the applicant
meets and exceeds standard application requirements, has considered questions and concerns
from both the Board and the public comment, and has mitigated or addressed compliance with
Conditions and Development Standards.
• Michael Smith, consultant with Foster Valuation, spoke regarding diminution related to
property values, as referenced in Exhibit CP pages 96-252, offered to answer questions regarding
the results of his value comparisons and sales analysis as related to similar residential sites in
Weld County being adjacent to an industrial facility. In response to Commissioner Conway, he
provided basic site analysis regarding properties that fit the criteria and average cost per acre in
terms of A (Agricultural) zoned land. When asked the average cost to buy an industrial site, versus
an agricultural site, Mr. Smith stated that would be difficult for him to answer accurately; however,
he did believe an industrial site would cost more per acre.
eA In response to Commissioner Kirkmeyer, Mr. Smith stated there are plenty of analyses to
suggest similar increase in resale in subdivisions adjacent to industrial sites, over the course of
time, opposed to the price increase of subdivisions not adjacent to an industrial site. He confirmed
he is not seeing less appreciation.
• Commissioner Cozad clarified Mr. Smith was tasked to look at residential values in proximity
to industrial sites and he was not asked to look at the site selection process. He agreed. In
response to Commissioner Cozad, Mr. Smith provided his background education, credentials and
experience to support his findings regarding property values and his expertise was not in the site
selection process. Ms. Johnson confirmed every question will be answered and she introduced
those to speak regarding toxicology and air modeling.
• Dr. Scott Phillips stated he is an internal medicine doctor and medical toxicology physician
for the University of Colorado and Rocky Mountain Poison Center. He stated he has focused on
the health impact assessments of these types of sites and has been working on these types of
sites for at least five (5) years and looking at associated health impacts. Dr. Phillips provided
information as related to the Environmental Protection Agency, the Center for Disease Control
and the World Health Organization and emphasized the difference between science and opinions.
He summarized his documentation and stated he is not concerned about the heath impact from
this site given the measures being taken by the applicant and the regulations enforced by the
State.
• In response to Commissioner Cozad, Dr. Phillips stated he reviewed all the comments and
information that was submitted by the surrounding property owners and reiterated his confidence
in the science, strict regulations and monitoring provided by the State regarding the facility which
controls the emissions very specifically and carefully monitors the particulates and his
professional opinion is there is no health risk.
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In response to Commissioner Conway, Dr. Phillips stated the Colorado Department of Public
Health and Environment (CDPHE) monitors particulates and criteria pollutants; however, he is not
aware of perimeter monitors in relation to asphalt plants.
Ms. Johnson followed up with the clarification that much of the information submitted was in
relation to cement facilities and paving operations which was not applicable to this case.
Commissioner Kirkmeyer requested Ms. Johnson describe the specific differences, at some point
in the presentation, between a cement facility and ready -mix facility, and between a paving
operation and an asphalt production facility. Ms. Johnson stated her suggestion is noted.
Jeff Harrington, Tetra Tech, stated he is a Senior Environmental Engineer based in the
Portland Maine office and has been doing air quality permitting work for 30 years for many states
in the country. He reviewed the rigorous process and strict statutes the applicant must address in
the permit process as outlined in Exhibit CP, pages 2-71. Mr. Harrington stated he reviewed the
applicant's submittals to comply with permit procedures and their implementation of Best
Management Practices (BMPs) that exceed the requirements. He concluded his review by
asserting this is a state-of-the-art facility with respect to air emissions. In response to several
questions from the Board, Mr. Harrington stated the applicant has exceeded the requirements
related to air permitting.
Mitchell Little, Hellman and Associates, addressed Development Standard #15 regarding
noise, as related to Exhibit CO, pages 8-11. He provided his background, credentials and
experience and explained he was hired by Simon Contractors to evaluate noise emissions and
recommend control measures with the intent of compliance. Mr. Little provided a summary of his
findings and reported the efforts made by the applicant to include proposed mitigation as the site
is developed and comes online and other equipment is installed. He clarified the measurements
he takes also considers intensity and frequency. He cited back-up alarms for mobile equipment,
berms, hay bales, baffles, redirection, enclosing point sources, noise treatment, all with the intent
to reduce noise through specific science. In response to Chair Moreno, Mr. Little explained there
are several factors taken into consideration when taking noise measurements.
al Ms. Johnson stated corn bales will be placed around the recycling operations which will baffle
and absorb the noise on three (3) sides, along with landscaping and berms that have been added
to provide visual and noise buffers on the western side. She also covered a few quick points
between speakers to emphasize the developer's effort to create better communication tools which
include a blog, and an entrance sign with contact information on it.
al Brett Baker, Simon Contractors, spoke on the site selection process and stated, from a
business perspective, the cost and value of the land is an important factor and equally important
is the opportunity for growth in the market, how the competitor layout is, and what the opportunity
is for products, materials and services. He stated they performed a lengthy assessment of the
northern Colorado market and based on population growth forecasts being very high and rapid, it
confirmed a good market and this site allows the company to be close to the growth with access
to Highway 14.
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la Ms. Johnson reviewed the criteria for the site selection process to include: approximately
five miles from 1-25, on the east side of 1-25, one mile from Highway 14, minimum parcel size of
20 acres, land that is zoned to support the use, not in wetlands or floodplains, not on Weld County
delineated prime farm ground, close access onto a state highway, limited use of county roads,
near signalized highway intersections, not in platted residential subdivisions, and haul routes to
minimize direct routes through communities. She continued by stating this particular site offers a
bonus because it is within a development node for the Town of Severance and the development
node recognized by Weld County as well, which elevates the selection of this property from others
because it is zoned to support the land use and designated for development. She described
similar uses in the area and reiterated the parcel was difficult to farm and the Use proposed is
allowed as a Use by Special Review option in the A (Agricultural) Zone District.
• In response to Commissioner Conway, Ms. Johnson stated there were industrial properties
for sale along 1-25 but they were located in the City of Fort Collins and do not support the land
use.
▪ Mr. Baker explained the difference between a cement production facility, which creates the
cement powder, and a ready -mix facility, which uses the cement powder to make a sidewalk or
foundation when mixed with water and sometimes sand. He also explained the difference
between asphalt production, mixing and heating the asphalt to send out in trucks to the location
of the paving operation which is using equipment that holds the asphalt and applies it to the
roadway. In response to Ms. Johnson, Mr. Baker stated there are no plastic bottles in the asphalt
production, only recycled aggregate and road base from tearing up old roads.
• Ms. Johnson took a moment to clarify items related to waste water handling to point out
aggregates are not washed on -site and reclaimed water will be used for dust suppression. She
mentioned landscaping, access, and lighting items to be addressed. In response to Commissioner
Kirkmeyer, she acquiesced to instead move forward with addressing the issue regarding the
Larimer County Ditch.
la Ken Lind and John Siren, attorneys, introduced themselves to address the ditch and water
rights issues. Mr. Lind referred to Exhibit D, a letter from Cactus Hill Ranch Company stating they
agreed to accept the historical overland flows from the USR site, which was an alternative to water
flowing into the canal, and described they would take water from the site underneath the canal
and onto property owned by Cactus Hill. He explained County staff then requested evidence that
the down slope property owner will accept the stormwater and drainage water, which was
referenced as a proposed license agreement involving Simon Contractors and Cactus Hill
because you cannot install an easement on your own property and Cactus Hill owns all the
property north of the site, the site, over and under the ditch, and to the south and to the west of
the site. The draft license agreement provides for all the storm and drain water to come onto
Cactus Hill Ranch Company property. He stated there was a question regarding what the Division
of Water Resources might have to say about this arrangement, and those responses are included
as letters in Exhibit CO, pages 12-31.
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el Mr. Siren began by reviewing his credentials as a water attorney to include extensive
experience with the Division of Water Resources. He explained the intent to channel water in a
way that it avoids the Larimer Canal and that this is typically not a concern with the Division of
Water Resources. He stated to be sure, he contacted Jeff Deatherage, Chief of Water Supply for
the Colorado State Engineer at the Colorado Division of Water Resources and explained the
intent to channel the water to prevent it from entering the canal and while maintaining historic
drainage patterns. He reiterated the water is not being used for agriculture, will be returned to the
native grass fields and will only be moving a short distance in a way that injures no one. Mr. Siren
stated the intended alternative meets the requirements and complies with the cited Colorado
Revised Statutes and was of no concern to the State (Exhibit CO, pages 12-31).
ID Mr. Lind confirmed the license agreement between Cactus Hill Ranch Company and Simon
Contractors is completed, it includes a paragraph citing compliance with directives from the State
and also a paragraph referencing compliance with a decommissioning plan. Lastly, he requested
the language be changed on the Condition regarding the ditch company to reflect the alternative
plan to not utilize the Larimer County Canal.
• In response to Commissioner Conway, Ms. Balzano stated she had not reviewed the license
agreement; however, she suggested adding language to allow the operator to access the property
for inspection, maintenance and repairs. She further recommended replacing the current
language on Condition of Approval (COA) #1.E with the language she suggested and forwarded
to both the applicant and the Board. Mr. Lind interjected that he has seen the language and
agrees. The Board agreed also to remove reference to easement and replace with license.
Mr. Lind stated they plan to record the license agreement and he confirmed the language for the
license agreement contains the suggestion from Ms. Balzano to allow the operator access to the
property for inspection, maintenance and repairs.
• In response to Commissioner Conway, Mr. Lind verified the language will reference
"drainage license," not "easement" throughout the document.
• In response to Commissioner Kirkmeyer, Ms. Johnson asked for clarification regarding any
opportunity to continue the rebuttal presentation on February 5th. Commissioner Kirkmeyer
reviewed the procedures to follow on February 5, 2018, and explained the Board will engage with
the applicant and the staff in a normal manner of discussion and she reiterated the importance of
having more time to review the documents that have been submitted and there needs to be a
stopping point. Ms. Johnson stated there are items she wishes could have been discussed today
such as drainage modifications.
• Chair Moreno recessed the hearing at 11:45 a.m., for a five (5) minute break.
• Chair Moreno reconvened at 11:51 a.m.
• Ms. Johnson requested one (1) hour for the engineers to discuss drainage, proposed road
improvements, and traffic. She also requested time to summarize her other points regarding
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Conditions of Approval and the Development Standards to indicate items that are either being
modified by staff or acknowledged by the applicant regarding compliance.
The Board agreed to grant the hour on February 5th as requested by the applicant.
• Commissioner Kirkmeyer moved to continue the request of Cactus Hill Ranch Company,
do Simon Contractors, Inc., for a Site Specific Development Plan and Use by Special Review
Permit, USR17-0043, for Mineral Resource Development including Asphalt and Concrete Batch
Plants, materials processing (crushing and screening), material stock piles, an office, a shop, and
outdoor truck and employee parking in the A (Agricultural) Zone District, to February 5, 2018, at
10:00 a.m., to allow adequate time for the Board to review document submittals and to reiterate
there will be no more documents received from the public or applicant. The motion was seconded
by Commissioner Conway.
Chair Moreno opened public comment regarding the continuance only.
• Christian Schulte, attorney, stated with respect to the continuance he has two (2) requests
of the Board. He recommended the Board allow further input from the public, otherwise it is unfair
to have only heard from the applicant recently. He also requested the Board allow time for the
public to submit additional documents for their review but to put a cap on it such as 10 days, if the
materials submitted can fairly be characterized as new information. Mr. Schulte stated he is
concerned with the volume of materials submitted by the applicant, and stated the public should
be given a chance to respond.
• The Board and Mr. Choate discussed the recommendations from Mr. Schulte and how it
relates to due process and whether it is a direction they should consider given the volumes of
materials received to date and if it would cause a further continuance.
• Tom Moore, surrounding property owner (SPO), requested the continuance not be granted
and the decision be made today. He asked for a denial based on incompatibility and the cost he
will incur if it is passed.
• Eric Steidl, SPO, stated his observation that the Board received a large notebook and
another addendum and there was no opportunity for the public to review these submittals. He
requested the public be allowed to review these items and provide feedback.
• Ken Lind, on behalf of applicant, stated it will be a problem for the applicant if the hearing is
opened for public input again, because he would request a sur-rebuttal time. He stated they
attempted to provide answers to the public input from the prior hearings. He reiterated the
importance of the rebuttal and mitigation and requested the Board not go beyond, otherwise it
never ends and raises a due process issue.
• Ms. Johnson stated, for the record, that the only items submitted by the applicant were direct
answers to questions they were asked to answer or were directly related to Conditions and/or
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Development Standards. She requested if the Board chooses to open it to public input again, that
the applicant would again have adequate time to review public input and prepare for an additional
rebuttal.
El Commissioner Kirkmeyer stated only the Board can decide if the process moves past
rebuttal.
Commissioner Cozad stated if the Board decides to take additional information from the
public, the February 5th date will not work because then the applicant will need time to review the
documents and then the Board would need time to review the documents. In response to the
comment made by Mr. Moore, she explained they cannot make a decision today because they
must have time to review the materials submitted.
• Susan Lake, SPO, asked who is going to monitor the water and the air and will it be monitored
properly so there is no leakage of pollution into the water or air.
• Chair Moreno closed public input and called the Board's attention back to the motion to
continue to February 5, 2018, with no new information allowed from either the public or the
applicant, other than the agreed upon time on February 5th to allow the applicant to finish their
rebuttal and make any wrap up comments. The Board discussed the motion.
• Commissioner Conway requested staff provide direction to the public on how to access the
additional documents provided by the applicant.
El Chair Moreno called for a vote on the motion to continue the matter to Monday, February 5,
2018, at 10:00 a.m., to allow the Board adequate time to review the document submittals and no
new information from the applicant or the public will be allowed. The motion carried unanimously.
There being no further discussion, the hearing was completed at 12:22 p.m.
This Certification was approved on the 15th day of January, 2018.
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BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: detifiA)•�
Weld County Clerk to the Board
BY: Pf$ J t —JsAv
Deputy Clerk to the
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County Attorney
Date of signature: G l -o
Steve Moreno, Chair
Sean P. Conway
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Cozad l�
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Mike Freeman
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