HomeMy WebLinkAbout20182970.tiff EXHIBIT
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BEFORE THE WELD COUNTY , COLORADO , PLANNING COMMISSION v�` � _ � � � �,
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Johnson , that the following resolution be introduced for denial by the Weld County Planning
Commission . Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER : USR18-0044
APPLICANT: TRICYCLE LANE TEXAS, LLC
PLANNER : KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING
CONCRETE BATCH PLANT, MATERIAL STOCKPILES , AN OFFICE , OUTDOOR
TRUCK AND EMPLOYEE PARKING IN THE A (AGRICULTURAL) ZONE
DISTRICT
LEGAL DESCRIPTION : CORR LOT B 2ND AMD REC EXEMPT RE- 1053 ; PART SE4 SECTION 12 , T5N ,
R65W OF THE 6TH P . M . , WELD COUNTY, COLORADO .
LOCATION : NORTH OF AND ADJACENT TO CR 58; APPROXIMATELY 2900-FEET WEST OF
CR 49 . 5 .
be recommended unfavorably to the Board of County Commissioners for the following reasons :
1 . The submitted materials are in compliance with the application requirements of Section 23-2-260 of the
Weld County Code .
2 . It is the opinion of the Planning Commission that the applicant has not 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- 80 . F 1 . Goal 6 states " Minimize the incompatibilities that occur between industriai uses
and surrounding properties . "
C . Section 23-2-220 .A. 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses .
The appiication indicates that seventy-five percent (�-9 56+/- vehicle trips) of the truck traffic
associated with the business will utilize County Road 58 heading west to the Weld County Parkway
with twenty-five percent) of the traffic (� 24+/= vehicle trips) heading east on County Road 58 .
Vendors and employees will access the facility from County Road 58 .
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 �rojected 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 .
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 .
Should the Board of County Commissioners approve the proposal , the Planning Commission recommends the
following conditions :
1 . Prior to recording the USR Map :
A. 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 Public Works)
B . If the proposed access is on a different parcel , the applicant shall submit a recorded copy of any
agreement signed by all of the owners of the property crossed by the access . The access shall be for
ingress , egress , utilities and shall be referenced on the USR map by the Weld County Clerk and
RESOLUTION USR18-0044
TRICYCLE LANE TEXAS, LLC
PAGE 2
Recorder's Reception number. (Department of Public Works)
C. 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." Further, the Lighting Plan and incorporate the Dark Sky Standard.
(Department of Planning Services)
D. 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)
E. The applicant shall submit a Parking Plan showing at a minimum 20 parking spaces for the
employees, including site personnel and truck drivers. Additional spaces shall be shown for the on -
site equipment and for vendors who may visit the site. (Department of Planning Services)
F. The applicant shall submit a copy of the signed Plumb Ditch Company crossing agreement, or a letter
indicating no agreement is necessary shall be submitted to the Department of Planning Services.
(Department of Planning Services)
C. The applicant shall submit evidence from Larimcr County Canal Company that the canal will accept
company letterhead, to the Weld County Department of Planning Services. (Department of Planning
specified haul routes. The Agreement shall include provisions addressing engineering requirements,
submission of collateral, and testing and approval of completed improvements. The Agreement shall
(Department of Public Works)
H. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR18-0044. (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 site and faciity lighting incorporating the Dark Sky Standard.
(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 58 is a paved road and is designated on the Weld County Functional Classification
RESOLUTION USR18-0044
TRICYCLE LANE TEXAS, LLC
PAGE 3
Map as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the future and existing right-of-way. This road is maintained by Weld
County. (Department of Public Works)
10. Show and label the approved access locations, approved access width and the appropriate
turning radii (60') on the site plan. The applicant must obtain an access permit in the approved
location(s) prior to construction. (Department of Public Works)
11. Show and label the approved tracking control on the site plan. (Department of Public Works)
12. 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)
13. If applicable, show and label a 30ft minimum access and utility easement to provide legal access
to the parcel on the site plan. (Department of Public Works)
14. The applicant shall show and label the accepted drainage features and drainage flow arrows.
Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area" and
shall include the calculated volume. (Department of Public Works)
15. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Public Works)
16. 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)
17. 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)
18. 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)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit 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 mapsco.weld.co.us. (Department of
Planning Services)
RESOLUTION USR18-0044
TRICYCLE LANE TEXAS, LLC
PAGE 4
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)
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)
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)
Motion seconded by Tom Cope.
VOTE:
For Denial
Bruce Johnson
Michael Wailes
Tom Cope
Richard Beck
Against Denial
Bruce Sparrow
Elijah Hatch
Absent
Gene Stille
Lonnie Ford
The Chair ordered that a certified copy be forwarded with the file of this case to the Board of County
Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on September 18, 2018.
Dated the 18th of September, 2018
Kristine Ranslem
Secretary
RESOLUTION USR18-0044
TRICYCLE LANE TEXAS, LLC
PAGE 5
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BURNCO USA
Bestway Concrete Company and Hall -Irwin Company
USR18-0044
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0044, for Mineral Resource
Development Facilities including a Concrete Batch Plant, materials processing (crushing and screening)
material stockpiles, an office, outdoor truck and employee parking 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.
4. The hours of operation shall be the following:
A. 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) 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 concrete, night operations could
occur seven days per week. When BURNCO USA, Bestway Concrete Company and Hall -Irwin
Company become 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.
4) Ready Mix trucks will generally operate during plant operations; but may return to the plant
after plant shutdown to be cleaned and parked.
B. Hours of Operation for Aggregate
1) Aggregate washing operations will only occur during daylight hours (dawn to dusk), actual
operating hours will vary dependent on weather and business levels.
5. The number of on -site employees for BURNCO USA shall be 5 full-time employees and 15 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. 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)
10. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes
RESOLUTION USR18-0044
TRICYCLE LANE TEXAS, LLC
PAGE 6
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)
11. 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)
12. 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)
13. 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)
14. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
15. 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)
16. 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)
17. 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)
18. 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)
19. 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)
20. 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)
21. 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)
22. 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 harxi sanitizers. (Department of Public Health and Environment)
23. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of
Public Health and Environment)
RESOLUTION USR18-0044
TRICYCLE LANE TEXAS, LLC
PAGE 7
24. 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)
25. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
26. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non-
compliance of a State issues permit, and of the outcome or disposition of any such compliance advisory or
other notice of non-compliance. (Department of Public Health and Environment)
27. 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)
28. The property owner shall control noxious weeds on the site. (Department of Public Works)
29. The access on the site shall be maintained to mitigate any impacts to the public road including damages
and/or off -site tracking. (Department of Public Works)
30. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
31. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an
approved Right -of -Way Use Permit prior to commencement. (Department of Public Works)
32. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
33. The Improvements Agreement for this site shall be reviewed on an annual basis, including possible
updates (Department of Public Works)
34. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
35. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
36. Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent
properties and incorporate Dark Sky Standards. 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)
37. 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 2017
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)
38. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
39. 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.
RESOLUTION USR18-0044
TRICYCLE LANE TEXAS, LLC
PAGE 8
40. 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.
41. 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.
42. 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.
43. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in
the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than
in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural
areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere
and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld
County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on
rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement,
silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities;
shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
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,
RESOLUTION USR18-0044
TRICYCLE LANE TEXAS, LLC
PAGE 9
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.
� C � r�1 � � v �e S
� � � I o � I (`�j EXMI �IT
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING � �
s
Tuesday , September 18 , 2018 _ �
A regular meeting of the Weld County Planning Commission was held in the Weld County Adrrrinistration
Building , Hearing Room , 1150 O Street, Greeley , Colorado . This meeting was called to order by Chair,
Michael Wailes , at 12 : 30 pm .
Roll Call .
Present: Bruce Johnson , Bruce Sparrow, Elijah Hatch , Michael Wailes , Richard Beck , Tom Cope .
Absent: Gene Stille and Lonnie Ford .
Also Present: Kim Ogle, Chris Gathman , Diana Aungst, Department of Planning Services; Lauren Light
and Ben Frissell , Department of Health ; Evan Pinkham , Public Works ; Frank Haug , County Attorney , and
Kris Ranslem , Secretary .
CASE NUMBER : USR18-0044
APPLICANT: TRICYCLE LANE TEXAS , LLC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING
CONCRETE BATCH PLANT, MATERIAL STOCKPILES, AN OFFICE , OUTDOOR
TRUCK AND EMPLOYEE PARKING IN THE A (P,GRICULTURAL) ZONE
DISTRICT
LEGAL DESCRIPTION : CORR LOT B 2ND AMD REC EXEMPT RE-1053; PART SE4 SECTION 12 , T5N ,
R65W OF THE 6TH P . M . , WELD COUNTY, COLORADO .
LOCATION : NORTH OF AND ADJACENT TO CR 58 ; APPROXIMATELY 2900-FEET WEST
OF CR 49 . 5.
Kim Ogle , Planning Services , presented Case USR18-0044 , reading the recommendation and comments
into the record . Mr. Ogle noted that two (2) letters were received from surrounding property owners outlining
concerns that additional landscaping of the property be done , industrialization of the neighborhood and the
heavy truck influence on area roads . Mr. Ogle recommended deleting Condition of Approval 1 . G as the
Larimer County Canal Company is not located on this property . The Department of Planning Services
recommends approval of this application with the attached conditions of approval and development
standards .
Evan Pinkham , Public Works , reported on the existing and proposed traffic, access to the site and drainage
conditions for the site .
Ben Frissell , Environmental Health , reviewed the public water and sanitary sewer requirements , on-site
dust control , and the Waste Handling Plan .
Mark Johnson , 301 Centennial Drive, Milliken , Colorado, stated that this is a proposed stand -alone ready
mix concrete plant to service future growth in the area . Mr. Johnson provided a brief description of the
layout of the proposed site on a visuai slide. Mr. Johnson said that no crushing of gravel or recycled
concrete will be done on site as it will be done in the gravel pit .
Commissioner Cope asked if there will be a conveyor belt from the pit to the plant. Mr. Johnson said that
they will initially use the new crossing structure to get started . He added that long term they plan to have a
conveyor belt. Mr. Cope asked how many trucks would run back and forth between the pit and the plant.
Mr. Johnson said that up to 15 trucks per day that will remain on site between the pit and the plant . He
added that no aggregate will be coming off site. Mr. Cope asked what type of dust abatement will be
proposed for the interior of the site . Mr. Johnson said that a water truck will be used ; however, if there is a
dust problem they will most likely use mag chloride .
The Chair asked if there was anyone in the audience who wished to speak for or against this application .
Donn and Mary Lee Foster, 23989 CR 58 , stated that they live directly east of this site . He is concerned
with losing their view, the dust, and added that he understood that the concrete plant is allowed below this
1
property on the existing USR. He said that it is a rural residential area with homes and a school bus that
run on the roadway. He is also concerned with the decrease in property values.
Ms. Foster said that the access they want to use on County Road 58 is a school bus stop. She added that
this affects their quality of life.
Jesse Stewart, 23736 CR 58, stated that he is concerned with the traffic and the school bus stop. He
disagrees with the traffic numbers as he has a camera that has documented the number of trips in one and
one-half months. He also agrees with the Foster's comments and doesn't want to lose his view and destroy
property values.
Steve Rosenquist, 23982 CR 58, said that he is allowed to hunt on Foster's property; however, with all this
activity no wildlife can be found. He stated that he is opposed to having this facility next to him.
Ron Baker, 28806 CR 51, stated that he is the President of the Plumb Irrigation Company. He said that he
has spoken with Mr. Johnson regarding concerns that the Ditch Company has, and they have agreed on a
tentative plan. Mr. Baker said that he is also a resident of that area and lives next to the Journey Ventures
Pit which is one mile from this site. He said that County Road 58 has no shoulders, so it is very narrow and
added that he is concerned with the safety concerns on the amount of traffic on that roadway.
Sam Ellis, 23752 CR 58, stated that they just moved into the area one and one-half years ago. He added
that they have children who will be standing at the bus stop in the future and he is opposed to this facility.
Brandy Lesher, 23962 CR 58, agreed with the previous concerns and added that one of her children has
asthma. She said that the screening that is proposed is more of a dust hazard than a noise barrier. She is
concerned with the amount of traffic and the dust.
Mr. Johnson said that Weld County has dust requirements that they will need to comply with. He added
that they haven't received complaints from the County on any of their sites, but they will fix it if there is a
problem. The berms are meant to screen properties from the noise and added that they will install
landscaping as well. He said that they have talked with the School District regarding the bus stop and
added that if the School thinks it is a hazard to children they will move the bus stop location. He added that
they haven't asked them to move it, but the School District will consider that. Mr. Johnson referred to the
main entrance for the gravel pit by the river and said that the slurry wall is pretty close to the inside of that
gate and there is no room for a concrete plant. He added that they do not own that land as well.
Commissioner Cope asked if the existing permit allows for an asphalt plant and/or concrete plant. Mr.
Johnson said that it does allow for a concrete plant. He added that they could amend the existing permit
to allow for portable temporary asphalt and concrete plants in the reservoir. Mr. Cope asked that once this
pit is mined out where will the aggregate come from. Mr. Johnson said that there are places in Platteville,
Ft. Lupton, Brighton, Windsor, and west Greeley but most likely he will find a place in east Greeley that
would bring aggregate from.
Commissioner Wailes asked the applicant to clarify why the plant cannot be located in the mine. Mr.
Johnson said that Central County Water District owns the land and the land will be mined. He added that
there is water in the pit now and they are pumping the water down so that it can be mined as quickly as
possible. The room around the slurry wall is not enough to put a concrete or asphalt plant. He added that
the life of this concrete plant would probably be up to 20 years.
Commissioner Johnson stated that he is concerned with this operation so close to residential homes. He
asked if they have looked at alternative sites. Mr. Johnson said that they did look at some other sites but
added that there are benefits having it close to the source, so they haven't look at other sites at length.
Commissioner Cope asked what the life of the pit is. Mr. Johnson estimated that it would take approximately
10 years to mine out.
The Chair referred to Staff's recommendation of deleting Condition of Approval 1.G. Mr. Ogle replied that
was correct.
2
Motion: Delete Condition of Approval 1.G, as recommended by Staff, Moved by Bruce Johnson,
Seconded by Bruce Sparrow. Motion carried unanimously.
Mr. Ogle referred to Item 2.C and requested an amendment to the fifth paragraph to read "The application
indicates that seventy-five percent (56 +1-) of the truck traffic associated with the business will utilize County
Road 58 heading west to the Weld County Parkway with twenty-five percent of the traffic (24 +/-) heading
east on County Road 58. Vendors and employees will access the facility from County Road 58".
Motion: Amend Item 2.C, as recommended by Staff, Moved by Michael Wailes, Seconded by Richard
Beck. Motion carried with Bruce Johnson casting the No vote.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR18-0044 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Bruce Sparrow agreed with Staff's findings, Seconded by Richard Beck.
Commissioner Cope said that he has some issues with this case. He cited Section 22-2-80.F which states
that they will minimize incompatibility between industrial uses and surrounding properties. He feels that if
they presently have a permit down in the gravel pit area it will minimize this incompatibility between the
present use and the industrial use. He also cited Section 23-3-220.A.3 which states that the uses will be
permitted will be compatible with the existing surrounding land uses. He feels that if they have a permit in
an area adjacent to this site that it would be compatible there. However, for the applicant to move this plant
and now they will be bringing trucks in and out of this area he feels that if they were to go out the other
entrance that the pit has there would be less safety issues. Additionally, he cited Section 23-2-220.A.4
which states compatibility with future development. He said that the applicant has stated that basically
once the gravel is mined out of this area they will potentially be bringing in aggregate into this plant. He
added that they are no longer looking at 80 trucks but now they are looking at a higher range and it would
be a significant impact on future development and impact on the neighbors. Mr. Cope said that for health
and safety issues they can enter where their pit has access and it would be a much better alternative for
the County.
Commissioner Beck concurred with Mr. Cope.
Vote: Motion failed (summary: Yes = 2, No = 4, Abstain = 0).
Yes: Bruce Sparrow, Elijah Hatch.
No: Bruce Johnson, Michael Wailes, Richard Beck, Tom Cope.
Commissioner Johnson cited Sections 23-2-220.A.3 and 23-2-220.A.4.
Commissioner Hatch cited Section 23-2-220.A.2 against the denial.
Commissioner Wailes cited Sections 23-2-220.A.3 and Section 23-2-220.A.4. and added that aside from
the existing pit it is not compatible with the existing residential use in the area.
Motion: Forward Case USR18-0044 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of denial, Moved
by Bruce Johnson, Seconded by Tom Cope.
Commissioner Cope referred to his previous comments and said that they still remain.
Commissioner Sparrow referred to Mr. Cope's comment in regard to once the pit is mined out it will take an
equal amount of trucks of aggregate to number of trucks going out of the site and feels that it might be a
little wrong. He figured that there would be one (1) load of aggregate per three (3) trucks of cement leaving
the plant. Mr. Cope said that he doesn't know and threw out some numbers but either way there will be
additional trucks, much more than what the applicant has presented.
3
Vote: Motion passed (summary: Yes = 4, No = 2, Abstain = 0).
Yes: Bruce Johnson, Michael Wailes, Richard Beck, Tom Cope.
No: Bruce Sparrow, Elijah Hatch.
Commissioner Hatch cited Section 23-2-220.A.2.
Commissioner Sparrow stated that he believes they are in compliance with Section 23-2-220.
Commissioner Wailes cited Sections 23-2-220.A.3 and Section 23-2-220.A.4.
Meeting adjourned at 3:41 pm.
Respectfully submitted,
41-AusbnLF A4,1442./14,
Kristine Ranslem
Secretary
4
ATTENDANCE RECORD
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