HomeMy WebLinkAbout20170840.tiffHEARING CERTIFICATION
DOCKET NO. 2017-13.B
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR16-0041, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING
AN ASPHALT BATCH PLANT; ASPHALT AND CONCRETE RECYCLING
OPERATIONS; ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(HEAVY EQUIPMENT MAINTENANCE SHOP, ADMINISTRATIVE OFFICE BUILDING,
QUALITY CONTROL LAB, LIQUID ASPHALT STORAGE, COMPANY FUELING
STATION AND OUTDOOR TRUCK AND EQUIPMENT PARKING, STAGING AND
STORAGE AND RAW AND PROCESSED MATERIAL STORAGE WHEN SCREENED
FROM PUBLIC RIGHTS -OF -WAY AND ADJACENT PROPERTIES) PROVIDED THAT
THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION
PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY
REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE
DISTRICT - BRAMMING FAMILY TRUST AND JOHN G. BRAMMING TRUST II, C/O
MARY ALICE BRAMMING, TRUSTEE, C/O HUNT BROTHERS PROPERTIES, INC./
ASPHALT SPECIALTIES CO., INC.
A public hearing was conducted on March 22, 2017, at 10:00 a.m., with the following present:
Commissioner Julie A. Cozad, Chair
Commissioner Steve Moreno, Pro -Tern
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative, Kim Ogle
Public Works Department representative, Janet Lundquist
Planning Services Engineer representative, Hayley Balzano
Health Department representative, Ben Frissell
The following business was transacted:
I hereby certify that pursuant to a notice dated January 20, 2017, and duly published
January 25, 2017, in the Greeley Tribune, a public hearing was conducted on March 8, 2017, to
consider the request of Bramming Family Trust and John G. Bramming Trust II, do Mary Alice
Bramming, Trustee, do Hunt Brothers Properties, Inc./ Asphalt Specialties Co., Inc., for a Site
Specific Development Plan and Use by Special Review Permit, USR16-0041, for Mineral
Resource Development Facilities including an Asphalt Batch Plant; Asphalt and Concrete
Recycling Operations; any Use permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts (heavy equipment maintenance shop,
administrative office building, quality control lab, liquid asphalt storage, company fueling station
and outdoor truck and equipment parking, staging and storage and raw and processed material
storage when screened from public rights -of -way and adjacent properties) provided that the
CC_ PL.(tco/MM), PLC He),
CTO CSC-) 2017-0840
(Aft Dit PL2460
HEARING CERTIFICATION - BRAMMING FAMILY TRUST AND JOHN G. BRAMMING TRUST
II, C/O MARY ALICE BRAMMING, TRUSTEE, C/O HUNT BROTHERS PROPERTIES, INC./
ASPHALT SPECIALTIES CO., INC. (USR16-0041)
PAGE 2
property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior
to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. At that
time, the Board deemed it appropriate to continue the matter to March 22, 2017, to allow the
Commissioner that represents the district, in which the site is located, to be present. Bob Choate,
Assistant County Attorney, made this a matter of record.
la Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
described the site location in relation to relevant County Roads and the recorded exemption
history. He reviewed the site location as being within the three (3) mile referral area of the Cities
of Dacono and Northglenn, Town of Erie, and Adams County, and clarified it is not located within
any Coordinated Planning Agreement Area, nor any Intergovernmental Agreement Area. He
reviewed the referral responses from the aforementioned. Mr. Ogle described the nearest
residences, adjacent land uses, topography and historical use of the site. He further explained
the applicant's request to strategically consolidate a significant portion of the business activity to
this location due to access to Interstate 25 and a long range view of company growth. Mr. Ogle
reviewed the current operations and described the proposed structures to be constructed at the
new location, hours of operation, and number of employees. He further explained mitigation
efforts being considered and reported two (2) letters and a phone call had been received from
surrounding property owners prior to Planning Commission and a few more letters were received
after Planning Commission. Mr. Ogle summarized the concerns. He stated 27 referrals were sent
out with seven (7) responses received. He displayed images of the site and surrounding views
and entered the favorable recommendation of the Planning Commission into the record, as
written. In response to Commissioners Conway and Cozad, Mr. Ogle stated the area referred to
is Industrial and he reported eleven (11) USRs in the area.
Janet Lundquist, Department of Public Works representative, provided information related
to the access denial and explained the different access options that meet code requirements and
approval from the Department of Public Works, but clarified the decision for an Access Permit
needs to be decided upon by the Board. In response to Chair Cozad, Ms. Lundquist confirmed it
is an appeal decision before the Board. Commissioner Kirkmeyer interjected it is not permissible
to make a decision regarding an Access Permit prior to hearing the Use by Special Review case.
Mr. Choate concurred the determination of the USR must precede determination of the Access
Permit.
El Ms. Lundquist proceeded with the presentation and stated the applicant is requesting access
on County Roads 6 and 13. She provided the average daily trips for each CR and stated the
applicant is proposing to add 808 single trips per day. She provided the proposed traffic routes
and the triggers for certain improvements related to the trip generation and based on the options
related to the proposed Access Permit. Ms. Lundquist stated tracking control and an
Improvements Agreement are both required. In response to Commissioner Kirkmeyer,
Ms. Lundquist reviewed the triggered improvements based on the Board's approval of either a
single or double Access Permit to include possible acceleration, deceleration and turn lanes.
Commissioner Kirkmeyer stated there are no shoulders on CR 6 and she asked for clarification
on control of the easement related to the access road for the ditch. Ms. Lundquist verified the
easement access is controlled by the ditch company.
2017-0840
PL2460
HEARING CERTIFICATION - BRAMMING FAMILY TRUST AND JOHN G. BRAMMING TRUST
II, C/O MARY ALICE BRAMMING, TRUSTEE, C/O HUNT BROTHERS PROPERTIES, INC./
ASPHALT SPECIALTIES CO., INC. (USR16-0041)
PAGE 3
Ei Hayley Balzano, Planning Services Engineer representative, presented the drainage
requirements, stating the preliminary drainage report includes two separate ponds, one of which
includes partial retention, which will require a variance. She stated the applicant indicated this will
be submitted with the final drainage report. Ms. Balzano reviewed the grading requirements and
provided the relative Conditions of Approval and Development Standards related to drainage and
grading.
Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer
provisions, stating water is provided by the Central Weld County Water District and the applicant
is proposing to permit and install a commercial septic system and provide evidence of an
underground injection control classified injection well permit or evidence that they are not subject
to classified requirements, per the EPA and prior to the issuance of the Certificate of Occupancy.
Additionally, Mr. Frissell clarified that if the proposed system design capacity is over 2,000 gallons
per day, the applicant will need to adhere to the state requirements. He reviewed other Conditions
of Approval and Development Standards (DS) related to spill prevention, air emissions, noise and
odor and stated DS #12-28 address Environmental Health issues. In response to Commissioners
Kirkmeyer and Conway, Mr. Frissell reviewed the decibel limitations.
Gary Stillmunkes, applicant, provided the background of Asphalt Specialties, stating it is a
local Colorado owned company that provides services for construction materials and contracting
throughout the Colorado North Front Range. He explained they are a heavy Highway contractor,
with three (3) sand and gravel pits, two (2) asphalt plants, an inert landfill, four (4) aggregate
recycling facilities, over 200 pieces of heavy equipment, 60 trucks that provide services to sites,
and annual revenues around 65 million dollars annually. He explained the reasons for the
proposed move to consolidate to this Weld County site and described the site plan and proposed
construction for the new location to include the relocation of an asphalt plant and recycling yard.
In response to Commissioner Kirkmeyer, he stated the location of the current asphalt plant in
Firestone. Mr. Stillmunkes displayed photos of surrounding property views and introduced
Mr. Rob Laird to continue with the presentation.
Rob Laird, Resource Manager for Asphalt Specialties, stated he has been with the company
for 15 years and in the Sand and Gravel business as a Permits Land Manager for 20-25 years.
He explained the traffic study includes employees and noted there was no exact number for truck
trips related to the recycled materials. He described the proposed percentages of traffic related
to the different traffic routes and the request for two (2) separate access points for safety to be
able to separate truck traffic and employee traffic. Mr. Laird stated they are willing to put up signs
to designate truck access or truck traffic. He reviewed their interpretation of the access options
and the related triggers and improvements.
Mary Maxwell, surrounding property owner (SPO), stated there are bald eagles in the area
and she continued by citing concerns regarding: dust, no community meeting, the meeting with
FRICO Ditch Company is after today's hearing, screening will not adequately contain dust, her
residence is in close proximity, shielding from their view, retention variance allowance for 100 year
floods, contaminants and chemicals in runoff water polluting farm ground, hay and well water, and
2017-0840
PL2460
HEARING CERTIFICATION - BRAMMING FAMILY TRUST AND JOHN G. BRAMMING TRUST
II, C/O MARY ALICE BRAMMING, TRUSTEE, C/O HUNT BROTHERS PROPERTIES, INC./
ASPHALT SPECIALTIES CO., INC. (USR16-0041)
PAGE 4
high volume of truck traffic. She continued by stating Governor Hickenlooper wants to save
agricultural land, asked if there is a height restriction on proposed construction, and stated her
concerns about the effects on shallow wells. Ms. Maxwell inquired about fencing, limits on
recycled material truck traffic since there is no measurement, if it is required to shield stock piles.
She cited concerns to include detrimental loss to solar, dust in the water and on fields, excessive
traffic impact, slow moving farm equipment, livestock, and stated her overall objection for reasons
of incompatibility. In response to Commissioner Moreno, Ms. Maxwell stated there is already loud
noise from the Varra operation in the middle of the night. In response to Commissioner Conway,
she pointed out her residence on the map. She also pointed out the ditch access and stated her
husband owns water rights and needs access to the ditch to clean it out to allow the irrigation
water supply for their crops. In response to Commissioner Kirkmeyer, She stated there was no
community meeting and no opportunity to speak to them. In response to Commissioner Conway,
she stated her mother-in-law heard from them for the first time late last week.
Jordan Gutierrez, SPO, stated he would like to reinforce all that Ms. Maxwell said. He
explained the location of his residence and his objection to the increased truck traffic in an already
congested area. Mr. Gutierrez reported four (4) traffic deaths in the ten (10) years they have lived
there and the thought of adding more trucks and no stop light is not recommended. He explained
the current residential growth and stated this business is not appropriate for the area and will have
a negative impact on property values.
El Hazel Frank, SPO, stated she lives due east from the stockpiles, and is concerned about the
dust because the wind is constantly blowing. She further stated she is concerned for her neighbors
and that if this is not appropriate for the neighborhood then perhaps the Board will consider
imposing mitigation measures to protect property values and assist with maintaining the
agricultural lifestyle Ms. Frank suggested berming along the eastern and southern edges because
of the prevailing winds, planting evergreen trees on top of the berming to contain fugitive dust,
limiting the hours of operation and truck traffic. She further cited concerns regarding noise, lights,
odor, and the traffic safety. Ms. Frank stated she did not know about this proposal until after
Planning Commission. In response to Commissioner Conway, she explained which hours of
operation she was concerned with.
Duane Kirkmeyer, SPO, stated he has several concerns to include weight restriction on the
roads, containment of overflow water as that field tends to flood badly, inadequate retention pond
south of the ditch, overflow containing chemicals that will affect the stock pond on their property,
historic water flow, and a lack of agreement to cross the lateral ditch. In response to Chair Cozad,
Mr. Kirkmeyer stated his concern with fencing is dust containment because the hill is very prone
to erosion so there needs to be some vegetation to prevent that erosion and dust issues. He
further reported having a brief conversation with Asphalt Specialties regarding the recycling
portion of the business and they stated at the time they would only be recycling asphalt and now
they are saying concrete also which creates dust problems as well. In response to Commissioner
Conway, Mr. Kirkmeyer suggested hydrocarbon testing of wells to get a baseline on water in the
area and further research on proposed traffic counts. In response to Commissioner Kirkmeyer,
Mr. Kirkmeyer stated the brief conversation took place approximately three (3) weeks prior to
today's hearing. In further response, he stated he was aware of Planning Commission because
2017-0840
PL2460
HEARING CERTIFICATION - BRAMMING FAMILY TRUST AND JOHN G. BRAMMING TRUST
II, C/O MARY ALICE BRAMMING, TRUSTEE, C/O HUNT BROTHERS PROPERTIES, INC./
ASPHALT SPECIALTIES CO., INC. (USR16-0041)
PAGE 5
he received the notice card in the mail but no one contacted him personally until after the Board
of County Commissioners continuance. In response to Commissioner Moreno, Mr. Kirkmeyer
politely declined to comment on the proposed hours of operation,
• Eva Guiterrez, SPO, stated she is particularly concerned with the air quality due to her
asthma and the extreme wind makes it impossible to contain odors, dust and erosion. She stated
it will be difficult to maintain the quality of their farmland if there is odd dust settling on it and then
being plowed under and poisoning the crops. She further stated she is on Weld County Water
and concerned with the potential impact to water pressure. Ms. Gutierrez stated this is not the
kind of business that should be in this area with new houses going up and other property for sale
and it should be kept farmland. In response to Commissioner Kirkmeyer, she stated she was not
contacted by Asphalt Specialties and knew nothing other than it was for Bramming Trust.
_ = Greg Kirkmeyer, SPO, stated he is concerned with the FRICO access and the ditch that runs
through the property and he would like to suggest that the Board consider a pipeline for the water
rather than a cement ditch that leaks everywhere. Mr. Kirkmeyer explained the importance of
access to be able to clean out the ditch. He expressed concerns with potential bridges, runoff and
the facility's history of compliance. In response to Commissioner Kirkmeyer, Mr. Greg Kirkmeyer
stated he has had no contact from Commissioner Kirkmeyer regarding this project and there have
been no outside conversations. Mr. Duane Kirkmeyer attested there were no conversations
between himself and Commissioner Kirkmeyer either. Commissioner Kirkmeyer requested these
testimonies be added for the record. In response to Commissioner Conway, Mr. Greg Kirkmeyer
stated he had not been contacted by Asphalt Specialties.
• In response to Chair Cozad, Mr. Stillmunkes explained their engineering firm has met with
the FRICO Ditch Company to design a crossing and they have an engineering review meeting
tomorrow, March 23rd, at 10am.
• In response to Chair Cozad, Mr. Stillmunkes stated the idea of a community meeting never
came up in preparation, but yes they are willing to host a community meeting.
• Commissioner Conway stated his appreciation for the applicant's willingness to give local
residents an opportunity to ask questions, provide input and suggest mitigation. He also stated
the FRICO Ditch Agreement is a big deal.
Commissioner Kirkmeyer stated the FRICO Ditch Agreement for a crossing is not in place
and it needs to be, and there needs to be a community meeting to address several concerns.
• Commissioner Moreno expressed his agreement regarding the importance of an Agreement
with FRICO and the necessity of a community meeting.
Commissioner Freeman concurred with his fellow Commissioners and stated he hopes the
communication and mitigation gets to a point that everyone can agree.
2017-0840
PL2460
HEARING CERTIFICATION - BRAMMING FAMILY TRUST AND JOHN G. BRAMMING TRUST
II, C/O MARY ALICE BRAMMING, TRUSTEE, C/O HUNT BROTHERS PROPERTIES, INC./
ASPHALT SPECIALTIES CO., INC. (USR16-0041)
PAGE 6
Mr. Stillmunkes stated his agreement with the opportunity to address the fears of the
neighbors in light of the strict regulations of the industry to satisfy the needs of the community.
• Commissioner Kirkmeyer provided a recommended list to consider addressing at the
community meeting to include: containment of fugitive dust, access to the ditch, containment of
water runoff, screening and landscaping, berming and trees, clarification regarding access options
and number of trucks, safety for traveling public on CR 6, impact to sight distance, hours of
operation, FRICO ditch and access across the ditch, and concerns with water and water pressure.
Commissioner Conway reiterated the importance of access to the ditch and reception of
water rights and reassuring the public that this will not be interfered. He further stated the
importance of the applicant taking the responsibility to schedule the meeting,
.. = Chair Cozad recommended truly inviting discussion and ideas for mitigation at the
community meeting and suggested the applicant pursue a follow up meeting with Public Works
regarding the access options as well. She suggested continuing the hearing to April 26, 2017, at
10:00 a.m., and clarified the Board will allow further public hearing to follow up.
• Commissioner Kirkmeyer moved to continue the request of Bramming Family Trust and
John G. Bramming Trust II, do Mary Alice Bramming, Trustee, do Hunt Brothers Properties, Inc./
Asphalt Specialties Co., Inc., for a Site Specific Development Plan and Use by Special Review
Permit, USR16-0041, for Mineral Resource Development Facilities including an Asphalt Batch
Plant; Asphalt and Concrete Recycling Operations; any Use permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (heavy
equipment maintenance shop, administrative office building, quality control lab, liquid asphalt
storage, company fueling station and outdoor truck and equipment parking, staging and storage
and raw and processed material storage when screened from public rights -of -way and adjacent
properties) provided that the property is not a lot in an approved or recorded subdivision plat or
part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the
A (Agricultural) Zone District, to April 26, 2017, at 10:00 a.m. The motion was seconded by
Commissioner Conway, who encouraged those present to reach out to other neighbors regarding
the community meeting. There being no further discussion, the motion carried unanimously and
the hearing was completed at 11:50 a.m.
2017-0840
PL2460
HEARING CERTIFICATION - BRAMMING FAMILY TRUST AND JOHN G. BRAMMING TRUST
II, CIO MARY ALICE BRAMMING, TRUSTEE, C/O HUNT BROTHERS PROPERTIES, INC./
ASPHALT SPECIALTIES CO., INC. (USR16-0041)
PAGE 7
This Certification was approved on the 27th day of March, 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLOR
ATTEST: idiot/4A)
Weld County Clerk to the Board
BY: Cv •
uty Clerk to the Board ��•••�„�
APPD AS
unty Attorney
Date of signature: (-t(5( ( 7
ie A. Cozad, Chair
Steve Moreno, Pro -T
6
Sean P. Conway
Mike Freeman
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ara Kirkmeyer
2017-0840
PL2460
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