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HomeMy WebLinkAbout20170113EXHIBIT INVENTORY CONTROL SHEET Case USR16-0034 - BRANNAN SAND AND GRAVEL COMPANY, LLC Exhibit Submitted By Description A. Planning Commission Resolution of Recommendation B. Planning Commission Summary of Hearing (Minutes dated 12/6/2016) C. Planning Services PowerPoint Presentation D. Applicant PowerPoint Presentation E. Applicant Correspondence, City of Brighton 11/30/16 F. Applicant Correspondence, 11/30/16 G. H. J. K. L. M. N . O. P. Q . R. S. T. U . V. W. 2017-0113 M etas 1�''a`-T , a, • • I' • 1 1 0 ,. H i; to f l P t Putalic hearings concerning thts i',tMy will be heard before the County Planning Commission and Board of County Commissioners. Both h anngs will be held at WELD COUNTY ADMINISTRATION BUILDING 1150 "O" Street • Greeley, CO 80631 Planing Commission Hearing will ale held on E e c4 20,14; at 12.`X ,. Board of County Cornrntssioner Hearing will be het l On *1/4344AUGANAti_____ 2017, at WtC airs a :pant tP3flflO 4nd ard G 'Csfi Request A Seta Specific Development Plan and Use try SpeCiels Review 1-ennd to, a Mineral Haan bevtiopnn.nt irmitzthau men pit miningceand, waves+ and stone 1 and vnalunaihf prcx:eatrp,p +>nd+xi�nq stocilipdtug (-nothing. screening ratyrAcrg ops><ratls vn and iltpottsng of raw 4r>nQ recycled matern l In the 1 3 I Intlts%tfl 1 t' lase District Case Number as, Ili Acres . .__ FOR FURTHER iNF'DRMATtO1si PLEASE CONTACT nit AT THE WELD COUNTY DEPARTMEN 1- CE PLANNING SERVICES, AT 970 -363 -Clot, arn1,a5y&9 Fir a G4.onal IAt0ITYuat►iun wait aviary wnidcount- lanteirqcilses nrg "1Ar afar albabal Canes sa7f 141'1la %elk floes*, Ill.eal!job `n 4••ow Use deem aslab1a Ik •Maw M 46. ♦pus P Assn fl ura J fl els..SIMOWISS b. a abat !SS Orb 41.14O.4•J ! a"" a _Jq ne Na1lll*r f#�'�My • 'lge 11 I I •. I i �! .'`f1iL•a'It• I �'i t .. , .' r' , 4 t. 1p 1 EXHIBIT d .O D l,�st11—C-727-1F-62,c1 I • t r jr Public he.aricsys concerning lilts property 'mill heard bet ona the County Plann4ng Commissfon and Board or County CommissiOriers. Both hearings wIII be held al WELD COUNTY ADMINISTRATION BUILDING 1150 4L O ' Street • Greeley, C 10631 PLanriing: rn m s.ciori 1--t a ring mill tie held' on. tietetaNtir .:624_20 -_20 ! ° at 12-430,00nrin- Board et, County Contrraft5sionisr H"e tirro will beheld On art S :.d: - t vioetkip tntyril P.Grfri and Ill" ri t w E;41C,C.,6;jr &t!air ' elY I'Y meta aseg 'trade irti..YR tJert t r0rr , �Y'ris� Y 7:lj�.Ji cap g e .. nor_: ,,101, igrrirond albeit] yr„rr EBB and rn;ronaft Pfl)t,=!!i!b in bridisiir A a ���a. rn.infrrrg. siztat3a4rig tr ►`c_ rxrla , qtr r ' ittrprCiriiing or raw. it►+tea idly =.r'r#7 rrptliitgt$ J}}s WI (hr I.71 I1M isk irIzkII FOR FURTHER elitiNIFORMATFON PLEASE CONTACT datiatallityjnit_ * r THEViet-L. o CO LINIne 0 EPA lT$AE NT OF PLANNING V icas , Al 9104153-3106, asas'' Far Y Sri fl r l knit isntion vied !miteiter.WrilliCOti ti iog Ar a%r# 1 F a 3 01 View looking east FOR ALL rig:'3 22tE9U4. w A View looking northeas View looking north along CR 27 r- Rot ill Ok* ** nag •: . -. -swat- � a "Ir,I-il a -n it , 4, 4 1 si sac ta es_ F X47 .01,1E aI. r _311 r i sio .�.` _- a s - ,, T� �w. a --:- '. sea Seri. 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'; i t i a - ' -. ; ail. ti Yt1141c._r nolt- . y : l� ;;.� ill7 = + '12 al • to .. a� {Ur ai` w 4 * t • • ",I .34. -c View looking southeast Use By Special Review USRI6 0034 Applicant: Brannan Sand and Gravel Company LLC c/o AGPROfessionals, LLC 3050 67t" Ave #200 Greeley, CO 80634 AGPROfessionals I c")PF'RS O)!' 1C:Itl(:l ( I ( kI a0/7-0/13 Request • USR for Mining Operation: • 213 +/- acre property located south of Weld County Road 8, approximately '/z mile east of Highway 85. • I 3 (Industrial) Zone District AGPROfessionals DEVELOPMRS OF :AGRIGU.LI'U RN Site Location GRAVEL MINING INDUSTRIAL' ZONE UNION PACIFIC RAILROAD HALLIBURTON INDUSTRIAL ZONE INDUSTRIAL ZONE SITE CITY LIMITS: Fort Lupton Brighton AGPROfessionals DEVELOPERS OF' AGRICULTURE Site Plan I • I Pr • LI haeau THE VALLEY'S EDGE RESOURCE USE BY PECIAL REVIEW U .1 -0034 & EXTRACTION PLAN MAP ------ I I LOCATED m SECTICN 2D, TOWNIOWNUEL3 I NORTH, EJIN&E 66 WEST, ImPRINCM L. • lea DIAN vat 1-1.7PICK,IUD IOCIN1'Y, a Yard/Lease Space Sign M tOlearnAU i .p F.6t6:it+Lri`L L: esa tr'_. tC*i — 0 #g ct r.J-ay.-'u,s I 1 _. CDman end Let r'tia+a'4 RA4iT L VSu20uma&ke — — — — a �.:8ir.'FtT.5C.6 ''., is - e meatstla.FCale Kappa .eaclir - e 'Lt ._. isnAlm p. — a a tiI Os Pe ca agT ra 1� — CcincL}.- RAXI Raa d. xcitt rn mr-vd-r — iSSS cc. ,. i•`" Lei curs:af.at." e — — — — --- — 1s S S I, — — S • 1I Pr.OlocK, sees al amp i a I 1 A IliCE FRIARY auClasistr L(CL.: ...3. -: 1 -' reviEr_S ?' C - —. I I -c_ rata s Site Access Scale and Scale House Stockpile Areas Borrow Resource Central Processing Area, Portable Crushing and Screening Plant (location may vary) Conceptual Cells Topsoil Resource USR Boundary 2. Cr: AGPR Ofessionals DEVELOPERS OF' At.; RIC; ,1.LU: I- Timeline Over limited period 10-20 years: • Commercial aggregate and other construction materials mined and processed at the site • Reclaim site to condition suited to intended long range use as industrial development • Backfill as necessary to establish final reclamation grades Mining and reclamation plans developed to advance long term goals AGPROfessionals DEVELOPERS OF AGRICULt UILL Operations Max number of employees expected at site is ten (10) Facility will operate during daylight hours, primarily 6:00 to 7:00 pm Mon -Sat. No permanent structures Temporary structures proposed: • Temporary construction trailer • Portable lavatory • Excavators and processing equipment • Scale and scale house • 1,300 gal. diesel fuel storage tank • Sign AcPROfessionals DEVELOPERS OF AGRIC.ULi U RE Applicant Obligations • Sec. 23-2-260 A. Uses by Special Review Consistent with: 1. Chapter 22 - Comprehensive Plan 2. Intent of District §-1-3 Zone 3. Existing Surrounding Uses 4. Future Development 5. Complies with Article V & XI — Overlay Districts and Special Flood Hazard Areas 6. Adequate Provisions for Health, Safety & Welfare. ACPROfessionals DEVELOPh;RS )F ACRICU.L;I'U RK Consistency with the Comprehensive Plan S ec. 22-5-70. Commercial mineral deposits ("aggregate") and ore mineral resources. • B. The County recognizes that mineral resource extraction is an essential industry. The availability and cost of materials, such as sand and gravel, have an effect on the successfulness of the general construction and highway construction industries. S ec. 22-5-80. General commercial mineral deposits ("aggregate") and ore mineral resources Goals and Policies. • B. CM.Goal 2. Promote the reasonable and orderly exploration and development of mineral resources. • B. CM.Policy 2.3. Ensure that development of mineral resources addresses the impacts of such development. AGPROfessionals 23-3-330.A. (I-3 Industrial Zone District) Intent • Provide a zone to accommodate industrial uses which may create adverse visual impacts for adjacent uses • Section 23-3-330.D.7. • Open pit mining allowed as a Use by Special Review • Reclamation will add to land suitable for industrial development and support economic development of the County. ACPROfessionals DEVELOP h RS )F ACRICU..L;I'L' RH Compatible with Existing and Future Development INDUSTRIAL ZONE � LHALLIBURTON -"+ WCR t INDUSTRIAL ZONE INDUSTRIAL ZONE • INDUSi ZONE INDUSTRIAL ZONE VESTAS RIAL 1: 13,729 0 SITE ZONING: Agriculture Industrial Residential - Office AGPROfessionals DEVELOPERS OF' AGRICULTURE Overlay Districts and Flood Hazard Areas • No Airport Overlay District • No Floodplain • No Geologic Hazard ACPROfessionals DEVELOPJh RS )F ACRICUR K Provisions for Protection of Health, Safety, Welfare • Subject to various local, state and federal regulations: • State Division of Reclamation, Mining and Safety • Use by Special Review Development Standards ACPROfessionals DEVELOP MRS F :AGRIGU.UI'LRK Nuisance Management • Dust Suppression • Waste Handling and Dust Abatement Plan • Noise Standards • Sec 23-3-360.A. • Light Standards • Sec 23-3-360.F. AGPROfessionals DEVELOPMRS OF :AGRIGU.LI'U RN Traffic SITE CITY LIMITS: Fort Lupton Brighton AGPROfessionals DEVELOPERS OF ACRICULI URE Referrals, Conditions, Development Standards • 11 local, state and federal referral agencies responded • Use By Special Review materials reviewed, approved, conditioned • I Condition and 28 Standards AGPROfessionals DEVELOP MRS OF :AGRIGU.LI'U RN Applicant Obligations Sec. 23-2-260 A. Uses by Special Review Consistent with: ✓ Chapter 22 — Comprehensive Plan ✓ Intent of District —1-3 Zone ✓ Existing Surrounding Uses ✓ Future Development ✓ Complies with Article V & XI Special Flood Hazard Areas ✓Adequate Provisions for Health, Safety & Welfare. Overlay Districts and AGPROf „ DEVELOPMRS OF :AGRIGlJ.LI'L'RK Use By Special Review USRI6 0034 Applicant: Brannan Sand and Gravel Company LLC c/o AGPROfessionals, LLC 3050 67t" Ave #200 Greeley, CO 80634 ACPROfessionals DEVELOP MRS F :AGRIGU.UI'URK BRANNAN 30 November 2016 Mary Falconburg, Assistant City Manager City of Brighton S00 South 4th Avenue Brighton, CO 80601 Re: Valley's Edge Resource, Weld County USR 16-0034 Dear Marv: Thank you for working with Brannan Sand and Gravel Company in its efforts to understand and respond to local government concerns surrounding its purchase of the disused former feedlot at 2542 Weld County Road 27. As you are aware, Brannan's plans to recover a commercial sand and gravel deposit on a portion of this land, and to subsequently reclaim the property as developable industrial land, are presently under review in the above -referenced Weld County Use by Special Review case. I am writing to review our mutual efforts and to specifically respond to the City of Brighton's referral response in the USR 16-0034 case. First and foremost, it has been my goal on behalf of Brannan to communicate with Brighton as early in our present process as possible, and as often as appropriate. The 2009 intergovernmental agreement between the cities of Brighton and Fort Lupton was a principal focus in Brannan's due diligence process, and Brannan reached out to both jurisdictions immediately after the feedlot property was placed under contract in December 2015. This resulted in an extended series of meetings with all local jurisdictions, including meetings with you at Brighton's City Hall on February 25, April 15, July 19, and October 18. Ultimately, it was determined that Brannan would apply to Weld County for approval of the sand and gravel recovery and reclamation operations. At our most recent meeting, on October 18, we discussed Brighton's referral response. The following comments summarize Brannan's understanding and its approach to mitigating various concerns. • The corridor encompassing Highway 85 and WCR 27 is generally understood to be industrial in nature, both in its current mix of land uses and as a planned employment center in the future. Thus, there is a fundamental question of how much "Urban Development," as cited by the referral letter and defined by Section 22-2-30 the Weld County Comprehensive Plan, is actually affected by Brannan's proposal. Given the integral role of residential development in the County's Urban Development plan (e.g., urban development is "characterized by designated areas for residences" among other land uses), and the absence of such land use in the comprehensive plans of either Brighton or Fort Lupton for the vicinity of the property, the conflict suggested by Brighton's referral letter does not appear to exist. • As implemented by Weld County, particularly in its prior grant of industrial zoning to the subject property, the County's comprehensive plan indicates that the proposal is consistent with relevant 2500 East Brannan Way I Denver I CO 80229 1303.534.1231 Tel 1303.534.1236 Fax www.brannanl.com Response to Referral Letter, USR 16-0034, City of Brighton 30 November 2016 Page 2 goals, including provisions cited in Brighton's referral letter. For example, the property is at the periphery of the two nearby municipalities and immediately connected to major transportation networks, the conventional location for heavy industrial uses according to Section 22-2-30. The proposal is similar to surrounding land uses and will result in the clean-up and economic revival of existing industrial property (see Sections 22-2-70, 22-2-80(A)(2), 22-2-80(F)(4)(a)). Critically, the Weld County Comprehensive Plan recognizes that resource extraction is an essential industry and includes provisions to promote the development of aggregate deposits (see Section 22-5-70), as well as provisions to promote a well-balanced commercial and industrial economic base in the County (see Section 22-6-20(A)). • The proposal is designed to minimize incompatibilities between the industrial use and surrounding properties. In addition to noting the prevalence of industrial uses (e.g., oil and gas field services, sand and gravel mining, heavy manufacturing, auto salvage, available industrial lots) in the surrounding area, the proposal presents a minimal net impact in several areas of concern expressed in the referral letter. o Traffic. The site is a replacement source of sand and gravel for Brannan. Vehicular traffic in the U.S. Highway 85 corridor will remain unchanged, as Brannan currently obtains material from other sources in the region. A detailed traffic impact study suggests appropriate mitigation for local access routes. Brannan has committed to making these improvements as part of its local land use approvals. o Aesthetics. The property is an abandoned feedlot and feedmill. Illicit dumping has occurred on the east side of the property. For the past 10 years or more, the owners of the property have invested nearly zero budget in its maintenance and upkeep. By investing in the property and converting it to useable lots, Brannan will improve the land from its current derelict condition. Brannan intends to demolish abandoned structures and to accommodate landscape plantings and other "Gateway" features in visible, public areas. o Noise. Brannan will operate its facility in compliance with all applicable noise regulations. Sand and gravel recovery is a daytime operation, so processing and haul equipment will generate noise only during daytime hours. In addition, the property is a substantial distance from residential uses (on agriculturally -zoned property), and significant noise attenuation will also occur due to stockpile berms and mining slopes as acoustic (and visual) barriers. Noise is not expected to detrimentally affect any property, having no more than a minimal effect on any property in Brighton. o Air pollution. Dust control is embedded in Brannan's operating plans for the site, as well as its existing practices. Pit run material typical contains residual moisture, but spray equipment will suppress dust during processing, and stockpiled aggregate products will be sprayed as needed to limit the potential dust source. Dust control practices are comprehensively detailed in a state air quality permit for the facility. Air quality is also regulated through Development Standards applied through the Weld County Use by Special Review process. • There is no blasting associated with the proposed sand and gravel extraction. Unconsolidated material (e.g., loose alluvial "river rock" and sand) is extracted directly from the natural deposit by excavators and loaders. Response to Referral Letter, USR 16-0034, City of Brighton 30 November 2016 Page 3 • Crushing and other processing (e.g., sorting, stacking) is customarily associated with sand and gravel extraction, as the creation of economically useable construction materials generally depends upon the classification and specification of aggregate products. Moving this function off -site only displaces perceived and/or unmitigated impacts, if any remain following permit review. Off -site processing also produces unnecessary bulk hauling, resulting in increased wear on roads, also a carbon footprint to backhaul fines and other low -value backfill material in the present case. The most appropriate response to crushing activity is on -site mitigation, as described above relative to noise and other impacts. • Asphalt and concrete recycling is a feature of sand and gravel operations contemplated and allowed by state environmental policy. This activity supports efficient recovery of construction materials from the existing built environment and is necessary to meet existing market demand for recycled aggregate materials, particularly demand from large public projects. Processing capacity exists for asphalt and concrete recycling within the controlled operation described in state Reclamation Permit M-2016-030 (and related permits). Exclusion of asphalt and concrete recycling is not necessary or warranted to meet applicable permitting standards. • Reclamation is planned to provide redevelopment opportunities after mineral extraction operations are completed. Post -mining use is a central enforcement concern of the Mined Land Reclamation Board and Division of Reclamation, Mining and Safety. It is also in the operator's financial interest to return value to affected land. Brannan's proposed Valley's Edge Resource is specifically designed to clean up the former feedlot and prepare affected land for industrial or commercial use. Completion of the reclamation program is guaranteed through performance and financial warranties held by state reclamation officials. In addition to satisfying all regulatory concerns, it is Brannan's strategic plan to make available portions of the subject property as soon as reclamation can be completed and released from permitting. This approach is flexible and allows Brannan to use its reclamation process to facilitate "build -to -suit" industrial and commercial development that expands and diversifies the regional economy. • Brannan has planned for the selective use of conveyors in the mining operation. Conveyors may be installed if beneficial to the operation, including potential use as a mitigation measure. It is not anticipated that a haul truck or other vehicular method of transporting pit run to the processing area will produce amounts of additional noise noticeable from adjacent properties. If necessary to attain compliance with applicable air quality standards, Brannan will use conveyors as the primary means of transport to the processing plant. • Extraction rate and phased implementation of mining and reclamation are covered by state reclamation standards. Life of mine is estimated for state permitting, but this number is not enforced or corrected if market demand and other factors periodically accelerate or dampen production at the Valley's Edge Resource. Conservatively, Brannan believes that it may take 20 years to complete all phases of mining and reclamation. Based on current market trends, the actual expected timeframe is less than 20 years, with portions of the subject property expected to be available for other uses within 6 years of the commencement of operations. This project has given me a chance to interact with you in detailed, and direct, conversations. In these conversations, it is my philosophy on behalf of Brannan to address a sand and gravel mine for what it is, and Response to Referral Letter, USR 16-0034, City of Brighton 30 November 2016 Page 4 to plainly describe the appropriate design and operation of the mine as it will be permitted. We appreciate that poorly conceived mines are a public hazard. On the other hand, the Valley's Edge Resource is well studied and well defined in the submitted state reclamation permit, the Weld County Use by Special Review, the state APEN, and other permits. Systematic adherence to regulation ensures that Brannan will not burden surrounding property owners or the regional community. The Valley's Edge Resource is more than the proposed temporary sand and gravel operation. It is an economic opportunity to clean up an unproductive, derelict site. The regional community does not benefit from the property's present status. The changes proposed for the property are specifically designed to promote efficiency and post -mining benefits. The reclamation plan will result in 200 acres of land that more closely resembles its surroundings and is suitable for planned future land uses. As Brannan continues in its permitting and potential future operations, I welcome any further conversations. Please let me know if this letter has failed to adequately address the City of Brighton's referral letter. Respectfully, BRANNAN SAND AND GRAVEL COMPANY, L.L.C. Alex Schatz Diana Aungst Subject: Attachments: FW: Brannan USR-B rightonReferral-112916_FINALPDF From: Tim Naylor [mailto:tnaylor@agpros.com] Sent: Wednesday, November 30, 2016 11:38 AM To: Diana Aungst <daungst@co.weld.co.us> Cc: Alex Schatz <aschatz@brannanl.com>; Kelsey Bruxvoort <Kbruxvoort@agpros.com> Subject: Brannan Diana As discussed in the Pre -hearing meeting, Alex Schatz has provided the following COA responses for your review. Please let me know if you have any questions. 1A. A letter to Brighton is attached. This is being mailed November 30, but prior efforts (summarized in the letter) may also demonstrate the very significant attempt Brannan has made to address the concerns of the City of Brighton. 1B. Brannan has attempted to address Fort Lupton's concerns related to a Pre -Annexation Agreement. Specifically, Brannan submitted a draft Pre -Annexation Agreement to the City of Fort Lupton at the time of a City Council meeting on November 21. Todd Hodges received the draft and is presently reviewing. Incidentally, the same action (submittal of a Pre -Annexation Agreement) is a requirement of the City's minor subdivision process that approved the creation of a new platted lot in the dimensions of Brannan's access road. 1C. Brannan requested an appropriate offsite improvements agreement from the City of Fort Lupton and received the City's approved generic form on Monday, November 28. This is prompted by the same action being required in the City's minor subdivision process (see 1B). In this case, the submittal of a improvements agreement. There are a few relatively minor legal and technical concerns that I expect to address in a re -draft of the improvements agreement. It is my goal to submit this for City Council approval (if needed) in the month of December 2016. (Note: I do not have a copy of the City's formal response to Weld County, the referral response dated October 10, 2016.) 1D. AGPRO has addressed the FPD referral through the Ft Lupton Minor Subdivision process and believes satisfaction of this condition has been achieved. Some notes or linework on the USR plat map may be appropriate. Brannan is planning to follow all standard fire protocols, including obtaining addressing, a Knox Box, etc. 1E. Similar to Brighton, this agency has received a great deal of attention from Brannan. Moments after CCWCD replied to the USR referral process, Brannan initiated discussion with CCWCD about use of its existing wells, the potential for abandonment credit, and other options to obtain water from Central. We have met with CCWCD staff and CCWCD committees and the board on multiple occasions since September. We are presently negotiating a water sale, though mutually agreeable terms remain unclear. In any event, we understand the status of our Class D Water Allotment contracts with CCWCD. I F. The Division of Water Resources informed Weld County of several jurisdictional issues that would require review by the State Engineer if applicable to Brannan's site. The first comment is not applicable, as Brannan is i not planning to discharge water into an active diversion structure. Addressing the Division's final two comments: Brannan plans to submit to the Division a gravel well permit and also, unless exempted due to inclusion in an approved augmentation plan, a substitute water supply plan. As part of our work on the DRMS 112 reclamation permit application, as well as support for our conversation with CCWCD, Brannan has retained Applegate Group to produce detailed depletion calculations and to prepare permit applications and other documentation for review by the Division of Water Resources. 1G. All required revisions to the USR map will be completed upon approval of the USR in accordance with the approved Resolution. Regards, Tim Naylor AGPROfessionals 3050 67th Avenue, Suite 200 Greeley, CO 80634 970-535-9318 office 970-535-9854 fax (303) 870-0013 mobile www.agpros.com AC PROfessionals DEVELOPERS 0 2 Hello