HomeMy WebLinkAbout20182982.tiffHEARING CERTIFICATION
DOCKET NO. 2018-112
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0044, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING A
CONCRETE BATCH PLANT, MATERIAL STOCKPILES, AN OFFICE, OUTDOOR
TRUCK AND EMPLOYEE PARKING IN THE A (AGRICULTURAL) ZONE DISTRICT -
TRICYCLE LANE TEXAS, LLC
A public hearing was conducted on October 3, 2018, at 10:00 a.m., with the following present:
Commissioner Steve Moreno, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem - EXCUSED
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Mike Freeman
Also present:
Acting Clerk to the Board, Selena Baltierra
Assistant County Attorney, Frank Haug
Planning Services Department representative, Kim Ogle
Public Works Engineer representative, Evan Pinkham
Health Department representative, Ben Frissell
The following business was transacted:
el I hereby certify that pursuant to a notice dated August 30, 2018, and duly published
September 4, 2018, in the Greeley Tribune, a public hearing was conducted to consider the
request of Tricycle Lane Texas, LLC, for a Site Specific Development Plan and Use by Special
Review Permit, USR18-0044, for Mineral Resource Development Facilities including a Concrete
Batch Plant, material stockpiles, an office, outdoor truck and employee parking in the
A (Agricultural) Zone District. Frank Haug, Assistant County Attorney, made this a matter of
record.
la Chair Moreno reviewed for the applicant and the public, the procedures to follow should this
case result in a tie vote due to four (4) Commissioners being present and Commissioner
Kirkmeyer excused.
IR Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
stated the approximate 34 -acre site is located north of and adjacent to County Road (CR) 58,
approximately 2,900 feet west of CR 49.5, and borders the Plumb Ditch on the north property line.
He described surrounding land uses and stated the site is located within the Coordinated Planning
Agreement (CPA), and the Intergovernmental Agreement (IGA) Area between Weld County and
the Town of Kersey, as well as in an area that is identified as "Undetermined Use." He mentioned
the applicant met with the Town of Kersey's Administrator, in 2016, and at the time of the meeting
the Town of Kersey expressed no concerns regarding this application. Mr. Ogle stated there are
residential structures located in the immediate area, mentioned the nearby USR applications, and
stated the entire area is located within the 100 -year floodplain. He explained the reasons why the
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proposed Use could not be constructed in the adjacent mining location. Mr. Ogle stated the site
location was selected due to the proximity to the surrounding state highways, current mine site,
as well as the communities. He described aggregate that will be received at the site and indicated
the operator will provide ready -mixed concrete products to numerous Weld County consumers,
both in public and private sectors. Mr. Ogle stated the two (2) letters received in opposition from
surrounding property owners (SPOs) were regarding additional screening, industrialization of the
neighborhood and the heavy truck influence on area roads. He indicated to minimize visual impact
and to buffer noise, earth berms will be planted in drought -tolerant, native grasses and situated
along the east, west and south property boundaries. He stated access to the mine is adjacent to
and north of the proposed site. Mr. Ogle indicated a Lighting Plan and an updated Landscaping
and Screening Plan is required. He mentioned 19 referral agencies have reviewed the application,
and two (2) offered comments that were considered in the staff recommendation. He referenced
a letter received from the Central Colorado Water Conservancy District, and indicated an
Easement Agreement to access the ditch will be granted to the Plumb Ditch Irrigation Company.
Mr. Ogle stated the Planning Department is requiring the applicant to submit evidence from the
Plumb Ditch Board and/or Richard Borys that a Crossing Agreement and easement have been
obtained. He entered the unfavorable recommendation of the Planning Commission into the
record as written and explained the denial. Mr. Ogle stated he reached out to the Business Service
Director for Platte Valley School District RE -7 and was informed there are three (3) bus stop
locations.
In response to Commissioner Cozad, Mr. Ogle stated there would need to be a Condition of
Approval (COA) added to address the concerns of the school district, should the application be
approved. He presented images to the Board of the proposed site.
Evan Pinkham, Public Works Engineer representative, provided a brief overview of the
transportation plans and stated the site accesses onto County Road (CR) 58. He mentioned the
existing oil and gas access does not meet spacing requirements due to the accesses on the
opposite sides of the road. He indicated the Department of Public Works recommends the
applicant access CR 58. Mr. Pinkham provided the latest traffic counts to include truck
percentages. He stated the traffic study that was submitted with the application indicated there
will be approximately 80 round trips and 60-65 of these trips would be for semi -trucks, nor would
there be a need for triggers or turn lanes at the access location. Mr. Pinkham mentioned the
Department of Public Works is requiring tracking control and an Improvements Agreement. He
stated the applicant's engineer has submitted a preliminary Drainage Report, which has been
reviewed and returned with comments. He mentioned a Grading Permit will be required if they
are disturbing more than an acre.
Ben Frissell, Department of Public Health and Environment, stated water will be provided by
the Central Weld County Water District (CWCWD). He indicated the applicant is proposing to
install a commercial septic system, which will be required prior to the Certificate of Occupancy.
He stated Development Standards (DS) #9-27 address Environmental Health items. Mr. Frissell
reviewed the water and sewer provisions.
Mark Johnson, Vice President of Aggregates, represented the applicant and stated the
company has 175 to 200 employees, and they expect to increase that number by 60-70 people.
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Mr. Johnson stated approximately 450 people are employed by Tricycle Lane throughout the
Front Range. He explained the reasoning for the site selection and summarized the reasons the
Nissen Pit was deemed insufficient. He reiterated the interaction with the Plumb Ditch, and
mentioned the precautions for dust control. Mr. Johnson addressed the concerns of surrounding
property owners regarding backup alarms, he described the visual mitigation to three (3) sides of
the proposed site, and mentioned previous and planned future discussion with the Platte Valley
School District. Mr. Johnson explained the Foster's have access to a piece of land to the northeast
of the subject property and stated they will continue to utilize that easement to access their
property. Mr. Johnson addressed the truck route, discussed the future of the concrete plant in
relation to the gravel pit, and presented and explained images of the site.
IR Commissioner Cozad provided a disclosure for the record and those present, stating she
used worked for Hall -Irwin, she has no financial interest in the company and has never worked
for Burnco or Best Way. She clarified she worked on the Nissen Gravel Pit and indicated she has
never worked on this particular parcel or project. She stated she felt she could be fair and
impartial. Mr. Johnson indicated Hall -Irwin is no longer affiliated with Tricycle Lane Texas, LLC.
Mr. Haug determined there is not a conflict of interest and concluded Commissioner Cozad could
participate in the proceedings.
122 Ben Lobban, Surrounding Property Owner (SPO), stated his grandparents bought the home
in the 1960s and his family has occupied the home since that time. He read a letter of opposition
on behalf of his mother, Exhibit G. Commissioner Conway clarified Planning Commission
recommended this USR for denial. In response to Mr. Lobban, Commissioner Cozad stated this
application does not include the plant being converted into an asphalt plant in the future; therefore,
a new USR would need to be obtained before converting the proposed plant.
Mary Lee Foster, SPO, presented letters of opposition from SPOs who were not able to
attend the hearing (Exhibit E) and expressed her concerns' including decreased property value
and quality of life. She provided images, and explained why the plant was not compatible. She
also voiced concerns about light pollution, noise, dust, traffic, and safety. Mrs. Foster stated she
did not feel that the concerns of the school bus stop were properly addressed at Planning
Commission and indicated she wrote a letter to the school district concerning the safety of the
students. She requested the Board deny the application and stressed the importance of allowing
future generations to grow up in the same community with the same quality of life. In response to
Chair Moreno, Mrs. Foster indicated Mr. Johnson held a meeting where he spoke to surrounding
property owners including Mr. Foster.
Don Foster, SPO, agreed with the previous comments and argued Mr. Johnson stated there
would be no materials hauled out of the pit; however, he has seen trucks haul material from one
site to another. Mr. Foster gave personal testimony of experiences he has had with the trucks and
business. He indicated an access has not been built for him to access his property, although it
was supposed to be done before mining operations began. Mr. Foster expressed concern
regarding safety, dust, inadequate landscaping, and decreased property values. He clarified he
opposes everything in front of his property but is fine with what is behind his home.
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• In response to Commissioner Cozad, Mr. Foster stated there are trucks parking and/or
staging in the County road right-of-way. Commissioner Cozad clarified there are two (2) USRs in
close proximity, and the focus needs to remain on the proposed USR. Mr. Foster pointed to the
location of his home and property line on a displayed map. Commissioner Cozad explained there
is specific criteria the Board reviews to approve an application and she summarized the concerns
heard from the applicant. In response to Commissioner Cozad, Mr. Foster stated there is nothing
the applicant can do to make the USR compatible.
IR Mr. Pinkham provided more current traffic counts to include truck percentages. In response
to Commissioner Conway, Mr. Pinkham stated in two (2) years the traffic has doubled.
• Marsha Baker, SPO north of CR 58, stated traffic has increased tremendously due to the J-2
plant. She indicated during corn harvest there is a designated flag person on CR 58 to be able to
cross with corn trucks. Ms. Baker stated her main concern is additional traffic; however, she is
also concerned about the proposed plant bringing in more gravel as the J-2 plant did.
IR Mr. Johnson clarified if the proposed plant is moved to any of the suggested surrounding
locations, there will still be an increase of traffic. He indicated with a trucking route to the west, it
would have less impact to surrounding property owners. He estimated the J-2 plant will be done
mining in approximately two (2) years. Mr. Johnson briefly discussed some other issues brought
forth by surrounding property owners about a different USR.
• Commissioner Cozad stated when the Board is looking at USRs, it is the responsibility of the
applicant to show how they meet the criteria. She indicated Mr. Johnson has addressed the traffic
concerns, and expressed appreciation for Mr. Johnson's truck route suggestion. In response to
Commissioner Cozad regarding Jake brakes, Mr. Johnson stated it is hard to restrict the use of
Jake brakes on a public road; however, they can ask the drivers not to use them. He indicated
there can be limitations set for school traffic in accordance with the bus stop timing, and those
discussions can be had with SPOs and the school district if the application is approved.
IR In response to Commissioner Cozad regarding compatibility issues, Mr. Johnson explained
the site selection process in order to distance themselves from a majority of the neighbors. He
also indicated the site will operate in accordance with the hours of operation, there are water
trucks and street sweepers on the site and they will strive for noise and dust mitigation. In
response to Commissioner Cozad, Mr. Johnson stated the mixing is done in an enclosed building;
therefore, a majority of the noise comes from truck fans. In response to Commissioner Cozad,
Mr. Ogle stated the Foster's house is approximately 600 feet from the proposed plant. In response
to Commissioner Cozad regarding visual mitigation, Mr. Johnson stated the plant will be enclosed,
but the applicant will not make the enclosure look like a barn, as other plants do, because there
is a possibility of moving the concrete plant when mining is done. He confirmed the plant will be
65 feet in height.
eg In response to Chair Moreno, Mr. Johnson explained the proposed site must have an access
for the Foster's to be able to access their property on the northeast corner of Tricycle Lane's
property. He explained the state of the current easement, and stated eventually the access will
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move to be adjacent to the Plumb Ditch. Mr. Johnson mentioned they hope to create a long-term
access that does not lead through the gravel pit. In response to Commissioner Cozad regarding
light pollution, Mr. Johnson explained there is downcast lighting on the sides of the structure.
El In response to Commissioner Conway, Mr. Johnson explained what types of trucks and trips
are going to be made at the site. Commissioner Conway concluded there will be up to 128 trucks
coming and going per day, plus employee traffic.
la Commissioner Cozad requested Mr. Ogle's staff recommendation for approval. Mr. Ogle
explained staff looked at the IGA, as well as the Comprehensive Plan and zoning. He stated the
Town of Kersey did not return any comments, so staff looked at the Comprehensive Plan and
Kersey's mapping designation for the area. Staff then considered the County Comprehensive
Plan and how this use could be placed on the property with mitigation. Mr. Ogle stated staff also
considered traffic patterns and the site selection. Commissioner Cozad stated staff findings were
thorough; however, there were little to no Planning Commission findings. In response to
Commissioner Cozad regarding the overlapping USRs, Mr. Ogle stated staff considered vacating
USR-1435; however, there is no way around overlapping without amending the Recorded
Exemption due to a slurry wall.
• Commissioner Conway referenced the minutes from the Planning Commission hearing and
Sections of the Code (22-2-80.F, 23-3-220.A.3, 23-2-220.A.4) that were a part of the discussion
before the final denial. Mr. Ogle agreed there was discussion and initially a motion to approve,
which failed, and a second motion for denial, which passed. He further explained the initial motion
to approve was based on support for staff findings and the applicant's effort to mitigate.
eg In response to Chair Moreno, Mr. Johnson stated the industrial part of Weld County is moving
to the east. He expressed the need for a concrete plant in the area, and mentioned if denied, the
materials will still need to be transported off the site. Mr. Johnson reiterated the alternate traffic
route to the west will minimize the impact on neighbors.
• In response to Chair Moreno, Mr. Johnson indicated he had reviewed, the Conditions of
Approval and Development Standards.
• Commissioner Cozad stated her appreciation for the Planning Commission and mentioned
the importance of public input. She referenced Planning Commissioner Cope's citation of Section
22-2-80.F, regarding minimizing incompatibilities by leaving the facility in the bottom of the gravel
pit; however, she reflected on Mr. Ogle's findings that this is an impossible solution because the
particular pit is full of water from the mining. She emphasized the use of this same Code reference
22-2-80.F (I.Goal 6) and reviewed her findings based on the testimony and the mitigations to
include a lighting plan, hours of operation, dust control, improved haul route to the west, an
Improvements Agreement, compliance to meet the requests of the school district, noise
standards, permits that have to be acquired and adhered to through the state, and visual
mitigation with screening and landscaping to include berms. She continued to state that property
values are not one of the criteria that the Board must consider in accordance with state statute
when reviewing the application. Lastly, she declared she will be supporting the application and
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stated if a concrete batch plant cannot be located next to an aggregate mining operation, that is
a problem.
12 Commissioner Freeman agreed with the comments made by Commissioner Cozad, and
stated truck traffic is unavoidable, and having the plant at the proposed site would be less truck
traffic than having to haul the materials elsewhere. He reiterated the need for a concrete plant in
this part of the county. He gave his opinion in stating the site selection is ideal with the mitigation
provided in staff's recommendation to impact the SPOs in the least way possible.
Commissioner Cozad clarified this USR is not for an asphalt plant, and stated her support of
the application.
Commissioner Conway appreciated the comments made by his fellow Commissioners;
however, he stated he had a different perspective. He credited the Planning Commission in their
work and recommendations. He reiterated if the USR is approved, there would be an additional
128 trucks onto a roadway that has no shoulders. He stressed the traffic safety concerns, and
stated there would be a 48 percent increase in traffic with the numbers given by Public Works. He
emphasized his concerns if this application is approved, and stated he does not feel that a batch
plant is compatible in this location.
O7 Chair Moreno stated his respect for the comments made by the other Commissioners. He
echoed the comments made by Commissioner Conway; however, he commented Planning
Commission is not always presented with all of the information that the Board is. He indicated
public safety is a major concern with this application, and stated the letter from the school district
is alarming. Chair Moreno appreciated the public input and the efforts made by the applicant to
limit impact. He struggled to support the USR; however, agreed with the need for a batch plant in
this part of the County.
In response to Commissioner Conway, Mr. Johnson addressed the concern regarding the
future of the plant when it gets "mined out." He stated in approximately 10-15 years when mining
is done, there will be a decision to move the plant, or it could stay. He indicated there is a contract
with another company to move necessary gravel and sand from the adjacent gravel pit to the site.
Chair Moreno stated his appreciation for the hard work of staff. Commissioner Cozad expressed
her appreciation for the Planning Commission, but also appreciates the work of Planning staff
who make their decision solely on the information in the application. She explained the importance
of testimony given by the surrounding property owners. Commissioner Cozad stated she
respectfully disagrees with the comments made by Commissioner Conway regarding traffic, which
can be better mitigated with this USR by working with the applicant and Public Works and
identifying improvements and haul routes. She mentioned if the application gets denied and the
site location is moved, they will no longer have a voice in traffic mitigation. She stated she too has
concerns regarding the apprehensions of the school district, but reminded the Board of the
attempt the applicant is making to work with the school district.
IR After further discussion regarding traffic, Mr. Johnson clarified Texas Lane's trucks would
only be a 30 percent increase, versus the 48 percent that Commissioner Conway mentioned
previously.
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• Commissioner Cozad suggested additional language to Condition of Approval (COA) #1.H
regarding the haul route. She also requested a new COA #1.1 regarding the school district
concerns.
El Commissioner Conway asked for clarity regarding accountablilty for the
Landscape/Screening plan. Commissioner Cozad recommended additional language be added
to COA #1.D, and Mr. Ogle provided language to require approval by the Board of County
Commissioners.
In response to Commissioner Conway, Mr. Frissell stated this application was suggested to
adhere to the commercial noise standard to be consistent with previous batch plant USRs.
Following further discussion, the Board agreed to change Development Standard (DS) #14 to
state, "The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone, as delineated in C.R.S. §25-12-103. The facility shall adhere to the maximum
permissible noise levels allowed in the Residential Zone District, as delineated in Section 14-9-30
and as measured at the existing residential structure directly to the east."
• Commissioner Cozad emphasized DS #30 which states there will be no parking or staging
of vehicles on public roads.
• In response to Chair Moreno, Mr. Johnson indicated he had reviewed, and agrees to abide
by, the Conditions of Approval and Development Standards, as amended.
• Commissioner Freeman moved to approve the request of Tricycle Lane Texas, LLC, for a
Site Specific Development Plan and Use by Special Review Permit, USR18-0044, for Mineral
Resource Development Facilities including a Concrete Batch Plant, material stockpiles, an office,
outdoor truck and employee parking in the A (Agricultural) Zone District, based on the
recommendations of Planning staff and the Planning Commission, with the Conditions of Approval
and Development Standards as entered into the record. The motion was seconded by
Commissioner Cozad, and she added to the findings the Improvements Agreement and the
additional condition to address the school district's concerns. Commissioner Freeman stated with
the Conditions of Approval and Development standards, staff can mitigate the presented issues.
He commented on the traffic, and stated there may be improvements to CR 58 due to this USR.
He stated his support of the application. Commissioner Cozad indicated the Board has to weigh
the testimony and the staff comments. She mentioned through the Conditions of Approval and
Development Standards there are requirements to mitigate the impacts and stated her support of
the application. Commissioner Conway indicated to the residents that their presence made a
difference, he mentioned he supports Planning Commission's decision, acknowledged the
changes that have been made may mitigate the concerns of the SPOs, and requested a roll call
vote. Chair Moreno expressed confidence that the applicant will comply with the COAs and DSs
to mitigate the concerns. Chair Moreno stated his support and called for a roll call vote. The motion
passed on a 3-1 vote, with Commissioner Conway opposed. There being no further discussion,
the hearing was completed at 1:37 p.m.
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This Certification was approved on the 8th day of October, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: to �.% de:do)oc•
Weld County Clerk to the Board
BY
eputy Clerk to the Board
APPRO - ED
/County Attorney
Date of signature: (1151 I S'
Steve Moreno, Chair
EXCUSED
Barbara Kirkmeyer, Pro -Tern
Mike Freeman
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