HomeMy WebLinkAbout20170558.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Johnson, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER
APPLICANT
PLANNER
REQUEST:
LEGAL DESCRIPTION
LOCATION
USR16-0041
R 16-0041
THE BRAMMING FAMILY TRUST
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING
AN ASPHALT BATCH PLANT; ASPHALT AND CONCRETE RECYCLING
OPERATIONS. ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
USE. OR A 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 LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF
ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A
(AGRICULTURAL) ZONE DISTRICT
LOT A OF RECX16-0183 AND LOT A OF RECX16-0184 BEING PART OF THE
NE4 SECTION 25. Ti N R68W & PART E2NW4 E OF RR & S OF BULL CANAL
OF THE 6TH P M , WELD COUNTY. COLORADO.
SOUTH OF AND ADJACENT TO CR 6, APPROXIMATELY 2000 FEET WEST OF
CR 13
be recommended favorably 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 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 22-2-20.G - A.Goal 7 states, "County land use regulations should protect the individual
property owner's right to request a land use change" and Section 22-2-20.G.2- A.Policy 7.2 states,
"Conversion of agricultural land to nonurban residential, commercial. and industrial uses should be
accommodated when the subject site is in an area that can support such development. and
should attempt to be compatible with the region."
The applicant, Asphalt Specialties Company (ASCI) seeks to consolidate a significant portion of its
business activities to this location including relocating the corporate office, Quality Control lab and
company maintenance shop here. The corporate office currently exists in Commerce City
(Henderson) in Adams County and the QC lab is located in Adams County (Denver). ASCI sees the
strategic value of this location. with its proximity and fairly direct access to 1-25 and with respect to
economic development in the Northern Front Range. 1-25 corridor and Weld County. as being central
to a long-range view of company growth and sustainability in Colorado. ASCI is locally -owned and has
been in business since 1991 with a majority of work (heavy -highway construction and
asphalt/concrete paving) being performed in the northern Denver metro area, with much work being
performed on behalf of Weld County. As is evident in recent years. rapid growth and economic well-
being has been experienced in the Northern Front Range and northern I- 25 corridor and this is
expected to continue into the foreseeable future ASCI also operates two sand and gravel mining
operations in Weld County
RESOLUTION USR16-0041
THE BRAMMING FAMILY TRUST
PAGE 2
The applicant proposes to construct a 12.000 square -foot office building: a 10,625 square -foot vehicle
and equipment maintenance building and a 2500 square -foot Quality control Laboratory with an
employee parking area and a storage/parking area for trucks and construction equipment. The
hours of operation are proposed to be between 6:00 a.m. and 11:30 p.m. Monday through Saturday,
with occasional extended hours on Sunday for the maintenance shop only The application materials
state that there will be about sixty (60) employees total on site, not including truck drivers_
The Department of Planning Services is requesting a Lighting Plan and an updated
Landscaping/Screening Plan. The Screening Plan shall screen the truck parking and the outdoor
storage. These two plans along with the Development Standards and the Conditions of Approval for
this proposal will assist in mitigating the impacts of the facility on the adjacent properties and ensure
compatibility with surrounding land uses
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
Section 23-3-40.A Mineral resource development facilities including asphalt and concrete batch plants
and asphalt and concrete recycling operations and Section 23-3-40.S states "Any use permitted as a
Use by Right, an Accessory Use. or a 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 lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions as a
Use by Special Review in the A (Agricultural) Zone District.
C. Section 23-2-220.A 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses
The proposed facility is located on two parcels of land created through the Recorded Exemption land
use application process The Bull Canal Lateral 1 bisects the property in an East-West alignment and
there is an overhead electric 345kV Hoyt -Terry Street transmission line (Western Area Power
Administration) sited south of the ditch and within a recorded easement of 85 feet in width via
Reception No. 1075431.
The site is located 0.5 miles south from the current City of Dacono corporate limits; 0.5 miles east of
the City and County Boundary for Broomfield and 1.5 miles north of the Adams County line. The
property is not located within an Urban Growth Boundary, an Intergovernmental Agreement Area or a
Coordinated Planning Area
There are few residential structures located in the immediate area with the nearest residence being
located approximately 660 feet northeast of the north property line. To the south is a residence
approximately 775 feet with a substantial change of grade between the residence and the proposed
facility All other residences are located between 1700 feet and 3600 feet from the property line
associated with the proposed facility. Adjacent land uses to the northwest include a RV. Boat and
mini storage facility (USR13-0010); adjacent to the west is a RV and boat storage facility (USR-1607);
a Public Utility Facility — United Power 115 kV substation (USR-1702): and adjacent to the southwest
is the Varra Company mineral resource development facility including a concrete recycle and concrete
batch plant. to the south is a RV. boat storage and 150 dog Kennel (MUSR14-0021).
The application indicates that most heavy truck traffic associated with the business will utilize County
Road 6 heading west to access the Interstate 25 corridor. Vendors and employees may access the
facility from the west or east on County Road 6.
Staff has received one letter from a surrounding property owner that objects to this USR. The letter
outlined concerns with industrial noise. heavy truck traffic. dust. chemical smells. and otherwise
creating a negative impact on what is today a beautiful property. Staff has also received one
telephone call requesting information on the land use application.
RESOLUTION USR16-0041
THE BRAMMING FAMILY TRUST
PAGE 3
The Department of Planning Services is requesting a Lighting Plan and an updated
Landscaping/Screening Plan The Screening Plan shall screen the truck and equipment parking
and the outdoor storage from adjacent property and public rights -of -way. These two plans along with
the Development Standards and the Conditions of Approval for this proposal will assist in mitigating
the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land
uses
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 projected 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.
The site is located within the three (3) mile referral area of the City of Dacono, City of Northglenn,
Town of Erie and Adams County, and is not. located within any existing Intergovernmental Agreement
Area (IGA) or Coordinated Planning Agreement Area (CPA) of a municipality. The City of Dacono
returned a referral dated December 29, 2016 stating that the City of Dacono's future growth boundary
is adjacent to the proposed asphalt batch plant and that the city has concerns regarding fugitive dust,
and other particulate matter, excessive noise and odor negatively impacting nearby residents from the
proposed use. The City has concerns regarding the compatibility of this use based upon the proximity
of current residential development. Additionally. County Road 8. (Summit Boulevard) allows no trucks
or other commercial vehicle with a weight in excess of ten thousand pounds at any time upon any
public street in the City.
Planning staff has received one letter of opposition from an adjacent property owner with concerns.
This property owner writes: "I own the properties directly west and north-west of this proposed project
and I have serious concerns about the proposed development of an asphalt plant next to my
properties. This area is experiencing rapid growth with residential communities pushing north toward
this location. Land such as this is reserved for residential housing and I could see a grocery store
chain mall at the corner of Colorado and CR6. Colorado Blvd and CR6 will be a major cross road
and in the next 10 -15 years this area will look very different. Placing a heavy industrial use here is
not appropriate. Having some use to the south and west does not justify more use in this area. If
each person uses impropriate use to justify their project where does it stop. The area will not be able
to attract residential and strip mall developers if there is an asphalt plant here. It will only attract more
industrial use. A line at CR6 was drawn by Dacono in their comprehensive plan to contain industrial
uses to the north of CR6- Weld County has a history of allowing virtually anything anywhere as long
as someone goes through the USR process_ Neighbor complaints mean little and projects push on as
long as they follow the USR process. If this continues soon there will be a patchwork of unattractive
properties that will make long term use difficult. I urge the planning staff to look at the growth in this
area and attempt to maintain it for more appropriate uses. This is not a land owner wanting to create
a business for land he or she has had for decades. this is a company attempting push its way onto a
piece of land that was never to be used for heavy industrial If this company wants to push forward
they should look for land designated as industrial use in the comprehensive plan. There is an entire
square mile just north of this location designated for these types of uses. They should look there.
In addition this land not being designated for industrial use, not encouraging residential and
commercial growth in the area. I have personal concerns as a neighboring property owner and
business owner. I bought my land and developed it based on the future use for the land around me.
Placing an asphalt plant next to me will certainly create noise. heavy truck traffic, dust. chemical
smells, and otherwise be a negative impact on what is today a beautiful property. Given the negative
impact of this property it will certainly cause a decline in value for my property, possibly resulting in
a multi -hundred thousand dollar loss of value for my business. Who will compensate my business for
the loss in its value if this is approved. It's not okay to allow this and not compensate me for a financial
loss and marketing problem for attracting high -end customers. I set out to change the RV & Boat
storage industry by developing projects that far exceed what has been in the past in this area. Weld
County has often recognized me for doing things to higher standards and creating attractive
properties. I run an upscale business and what is around me is important to my customer's
experience. My customers and employees do not want to be subjected to noise, smell, and truck
RESOLUTION USR16-0041
THE BRAMMING FAMILY TRUST
PAGE 4
traffic this will bring. The impact on my business. my customers. and property value need to heard.
Find land zoned for industrial use. not this land. I've been developing land and doing business in
Weld County for over ten years now, and have worked with the planning staff to find appropriate
locations for my business. As a land owner, business owner. and someone who has worked to
improve the area, this project is not appropriate here and should not be approved."
It is the opinion of the Department of Planning Services that the siting of the batch plant facility south
of the FRICO Lateral and near the existing Varra concrete batch plant and the existing Tri-State
Generation and Transmission, Inc. substation (USR-1702) sited to the west creates an area that can
support this type of development. Further, the office is located near County Road 6 and the
maintenance shop south of the office yet located north of the FRICO Lateral and adjacent to County
Road 6 The City of Dacono's Comprehensive Land Use Plan identifies lands north of County Road 6
between County Road 11 and 13 as slated for Industrial development_ Further, the Conditions of
Approval will require a site Lighting Plan. a Landscape and Screening Plan to be submitted to the
Department of Planning Services for review and approval and Development Standards address
nuisance transient lighting, provide that uses on the property should comply with the Colorado Air
Quality Commission's air quality regulations, and all 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: all site activities be limited to a measurable noise standard and
the property is to be maintained such that a nuisance condition is not allowed to develop.
E Section 23-2-220.A.5 -- The application complies with Chapter 23. Articles V and Xl, of the Weld
County Code. This property is not located in a floodplain, however it is located in the Geological
Hazard Overlay District. The Colorado Geologic Survey (CGS) in their referral dated December 19,
2016 indicated that the area east of the proposed office/shop/lab is undermined by the Lincoln Mine at
depths of approximately 150-200 feet. All proposed uses are not known to be directly undermined
and does not contain any known mine shafts that could provide a path for groundwater contamination,
nor is it exposed to any geologic hazards or geo-technical constraints that would preclude the
proposed use(s). CGS finds no conflict between the currently proposed use and any potential
subsidence hazard. CGS therefore has no objection to the approval of the USR as proposed.
The site is within the County -Wide Road Impact Fee Area and the Capital Expansion Impact Fee
area Building Permits issued on the lot will be required to adhere to the fee structure of the County -
Wide Road Impact Fee. County Facility Fee and Drainage Impact Fee Programs.
Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural
land in the locational decision for the proposed use.
The proposed facility is located on approximately 34.1 acres of Prime (Irrigated) land per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The property has no irrigation on
the property and there are no water rights associated with the property to provide irrigation: the
property has only been good for dry -land wheat farming.
G. Section 23-2-220.A.7 - There is adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240. Weld County Code). Operation Standards (Section 23-2-
250. Weld County Code). Conditions of Approval and Development Standards can ensure that there
are adequate provisions for the protection of health, safety. and welfare of the inhabitants of the
neighborhood and County.
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.
The Planning Commission recommendation for approval is conditional upon the following:
Prior to recording the USR Map
RESOLUTION USR16-0041
THE BRAMMING FAMILY TRUST
PAGE 5
A. The applicant shall provide the Department of Public Works with an updated application for an access
permit for the number of access(es) approved by the Board of County Commissioners and place the
Access Permit Number, on the USR map. (Department of Planning Services)
B. The applicant shall submit documents associated with meeting the Conditions of Approval: submit
payment for recording the plats: and submit the signed Mylar for Recorded Exemption No. RECX16-
0183 and Recorded Exemption No. RECX16-0184 to the Department of Planning Services for
recordation. (Department of Planning Services)
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." (Department of Planning Services)
D. The applicant shall submit an updated Landscaping/Screening Plan to the Department of
Planning Services for review and approval. The applicant indicated that the screening of the
outdoor storage area will be a chain link fence with slats. These slats shall be 90% or greater
opacity The equipment parking area and the employee parking area shall be screened from
adjacent properties and public rights of way (Department of Planning Services)
E. The applicant shall submit evidence of a crossing agreement for the Bull Canal (FRICO) Lateral 1
Ditch Evidence shall be submitted in writing on FRICO letterhead. to the Weld County Department of
Planning Services. (Department of Planning Services)
An Improvements and Road Maintenance Agreement is required for offsite improvements at this
location. Road maintenance including dust control. damage repair. specified haul routes and future
traffic triggers for improvements will be included. (Department of Public Works)
G. 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 Planning Services -Engineer)
H. A Drainage Variance Request is required for the storm water retention proposed on site, (Department
of Planning Services -Engineer)
The applicant shall submit written evidence of inclusion into the boundaries of the Northern Colorado
Water Conservancy District and the Northern Water Municipal Subdistrict. Submit evidence of
acceptance for inclusion to the Department of Planning Services. (Department of Planning Services)
J The applicant shall submit written evidence of meeting all of the requirements of the Central Weld
County Water District and evidence each parcel associated with the facility has an adequate water
supply of sufficient quality, quantity and dependability. (Department of Planning Services)
K. The applicant shall attempt to address the requirements of the City of Dacono, as stated in the referral
response dated December 29, 2016. Written evidence of such shall be submitted to the Weld County
Department of Planning Services. (Department of Planning Services)
The map shall be amended to delineate the following-
1 All sheets of the map shall be labeled USR16-0041 (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)
RESOLUTION USR16-0041
THE BRAMMING FAMILY TRUST
PAGE 6
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 landscaping and/or screening. (Department of Planning Services)
6. The map shall delineate the lighting_ (Department of Planning Services)
7 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)
8 County Road 6 is a paved road and is designated on the Weld County Road Classification Plan
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. All setbacks shall be measured
from the edge of future right-of-way. This road is maintained by Weld County. (Department of
Public Works)
9 Show and label the approved access(es) (AP17-00 TBD), and the minimum 60 -foot turning radii
on the site plan. (Department of Public Works)
10 Show and label the approved tracking control on the site plan. (Department of Public Works)
11 Show and label the entrance gate set back a minimum of 100ft from edge of shoulder.
(Department of Public Works)
12 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)
13. 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)
14. 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)
15. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property (Department of Planning Services -Engineer)
16 Show and label the accepted thirty (30) foot wide joint access and utility easement extending
across Lot A of RECX16-0183 and the Bull Canal Lateral 1 Ditch for the benefit of Lot A of
RECX16-0184. (Department of Planning Services)
2. Upon completion of Condition of Approval #1 above. the applicant shall submit one (1) paper copy or one
(1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of Planning
Services Upon approval of the plat the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the
Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in
accordance with the requirements of Section 23-2-260 D of the Weld County Code. The Mylar plat 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 plat 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)
RESOLUTION USR16-0041
THE BRAMMING FAMILY TRUST
PAGE 7
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 maps[c�co.weld.co.us. (Department of
Planning Services)
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)
B. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
6. Prior to Operation:
A. Accepted construction drawings and construction of the offsite roadway improvements are required
prior to operation. (Department of Public Works)
B The applicant shall construct a westbound left deceleration lane on County Road 6 and an eastbound
right deceleration lane on County Road 6 at the facility access. (Department of Public Works)
C. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency
Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility
operator, the Fire District and the Weld County Office of Emergency Management. Submit evidence of
acceptance to the Department of Planning Services. (Department of Planning Services)
7. 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)
B. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V Injection Well
permit from the Environmental Protection Agency (EPA) for any large -capacity septic system (a septic
system with the capacity to serve 20 or more persons per day). Alternately, the applicant can provide
evidence from the EPA that they are not subject to the EPA Class V requirements. (Department of
Public Health and Environment)
8. 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)
RESOLUTION USR16-0041
THE BRAMMING FAMILY TRUST
PAGE 8
Motion seconded by Gene Stille.
VOTE:
For Passage
Bruce Johnson
Bruce Sparrow
Joyce Smock
Terry Cross
Tom Cope
Gene Stille
Against Passage
Absent
Cherilyn Barringer
Jordan Jemiola
Michael Wailes
The Chair declared the resolution passed and 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 February 7, 2017.
Dated the 71n of February, 2017
*61.1.466W144/1/1WK_
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Asphalt Specialties Company, Inc.
USR16-0041
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, an Accessory Use, or a 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 lots parts of a map or plan filed prior to adoption of any regulations controlling
subdivisions 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 hours of operation for the office are 8:00 AM to 5:00 PM Monday through Saturday. as stated by
the applicant. (Department of Planning Services)
4. The hours of operation for the Quality Control Lab are 6 00 AM to 4 00 PM Monday through Friday. as
stated by the applicant. (Department of Planning Services)
5. The hours of operation for the Maintenance Shop are 6:00 AM to 11:30 PM Monday through Sunday,
as necessary, as stated by the applicant_ (Department of Planning Services)
6. The hours of operation for the asphalt plant and recycling operation are 6.00 AM to 4 00 PM Monday
through Saturday, as stated by the applicant. (Department of Planning Services)
7. The number of on -site employees shall be 60. (Department of Planning Services)
8. The parking area on the site shall be maintained. (Department of Planning Services)
9. 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)
10. The landscaping/screening on the site shall be maintained. (Department of Planning Services)
11. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15t" of any given year signed by representatives for the Fire District and
the Weld County Office of Emergency Management to the Department of Planning Services. (Department
of Planning Services)
12. 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)
13. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes
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)
14. 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)
15. 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)
RESOLUTION USR16-0041
THE BRAMMING FAMILY TRUST
PAGE 10
16. 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)
17. The facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial Zone as
delineated in 25-12-103 C.R.S (Department of Public Health and Environment)
18. 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)
19. 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)
20. 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)
21. 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)
22. 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)
23. 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)
24. 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)
25. 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)
26. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of
Public Health and Environment)
27. 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)
28. 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)
29. The property owner shall control noxious weeds on the site. (Department of Public Works)
30. The access on the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking. (Department of Public Works)
RESOLUTION USR16-0041
THE BRAMMING FAMILY TRUST
PAGE 11
31. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
32. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services - Engineer)
33. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Planning Services - Engineer)
34. This property lies within a known Geologic Hazard Area as defined by the Colorado Geological Survey.
(Planning and Engineering)
35. Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent
properties 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)
36. 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 2014
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)
37. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
38. 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.
39. 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_
40. 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.
41. 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.
RESOLUTION USR16-0041
THE BRAMMING FAMILY TRUST
PAGE 12
42. 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,
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.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. February 7, 2017
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building. Hearing Room. 1150 O Street. Greeley. Colorado. This meeting was called to order by Chair,
Bruce Sparrow, at 12:30 pm_
Roll Call.
Present: Bruce Johnson. Bruce Sparrow, Gene Stille. Joyce Smock, Terry Cross, Tom Cope.
Absent Cherilyn Barringer, Michael Wailes. Jordan Jemiola.
Also Present Diana Aungst. Chris Gathman. and Michelle Martin, Department of Planning Services;
Hayley Balzano. Department of Planning Services — Engineering Division: Ben Frissell. Department of
Health: Janet Lundquist and Evan Pinkham. Public Works: Bob Choate, County Attorney. and Kris
Ranslem. Secretary.
Motion Approve the January 17, 2017 Weld County Planning Commission minutes, Moved by Joyce
Smock, Seconded by Bruce Johnson. Motion passed unanimously
CASE NUMBER
APPLICANT
PLANNER
REQUEST
LEGAL DESCRIPTION.
LOCATION
USR16-0041
R 16-0041
THE BRAMMING FAMILY TRUST
Kim Ogle
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING
AN ASPHALT BATCH PLANT: ASPHALT AND CONCRETE RECYCLING
OPERATIONS. ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
USE, OR A 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 LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF
ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A
(AGRICULTURAL) ZONE DISTRICT
LOT A OF RECX16-0183 AND LOT A OF RECX16-0184 BEING PART OF THE
NE4 SECTION 25. Ti N. R68W & PART E2NW4 E OF RR & S OF BULL CANAL
OF THE 6TH P M . WELD COUNTY. COLORADO.
SOUTH OF AND ADJACENT TO CR 6. APPROXIMATELY 20O0 FEET WEST OF
CR 13
Michelle Martin, Planning Services, presented Case USR16-0041. reading the recommendation and
comments into the record. Two letters have been received in objection of this project concerning heavy
traffic. dust, noise, and negative impact on surrounding properties. The Department of Planning Services
recommends approval of this application with the attached conditions of approval and development
standards.
Janet Lundquist, Public Works. reported on the existing traffic and access to the site.
Commissioner Johnson asked where most of the traffic will come from and go to. Ms. Lundquist said that
60 percent will come from 1-25 and 40 percent from County Road 13
Commissioner Smock asked where the access point is proposed. Ms Lundquist said that the applicants
have requested two (2) access points from County Road 6: however it was denied by Public Works.
Therefore the applicants have made an appeal to the Board of County Commissioners and the County
Commissioners prefer to hear the appeal at the USR hearing. Ms Lundquist said that currently there is an
access from County Road 13
1
Commissioner Cope asked if acceleration lanes will be required as well. Ms. Lundquist said that she doesn't
believe the volumes of traffic are extreme enough to require that: however it can be included in the
improvements agreement through triggers.
Hayley Balzano, Engineering. reported on the drainage conditions for the site. Ms. Balzano requested that
Development Standard 34 be removed as there will be no geologic hazard area under the USR site.
Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Rob Laird, Asphalt Specialties Company, 10100 Dallas Street, Henderson. Colorado, stated that they have
been looking for a site like this for several years. They have been looking for industrial sites as well as a
maintenance facility and came across this site 15 months ago. The key ingredient is access to 1-25. They
have been looking for a corporate site outside of Adams County to where they do a lot of paving in Weld
County.
Mr. Laird said that they are requesting two (2) accesses. The proposed west access is for truck traffic only
and the proposed second access would be for employee access only.
Commissioner Stille asked staff to explain the access points and why the two proposed accesses are not
allowed. Ms. Lundquist said that according to the Weld County Code when there is a land split they look
at the existing accesses on the ground and try to not have a net increase. Therefore when these two
Recorded Exemptions came through they looked at the proposed access points which showed access from
the FRICO ditch road to the southern lots, which was acceptable and the two access points on Lot A of the
northern two lots. which is not typical. Ms. Lundquist stated that Public Works will only grant one access
to be shared between Lot A and Lot B for the northern lots. She added that they are cautious in allowing
two accesses on one parcel_ Mr. Laird noted that on the 117 acres there is currently no legal access. It
has been in the Bramming Family since the 1940's and the only access to the property has been to utilize
the FRICO ditch access road since the property has been in wheat production_ Therefore it is an unwritten
agreement between the Brammings and the oil and gas company that they can utilize the road along the
ditch. He added that FRICO will not allow them to utilize their ditch road for this development.
Commissioner Stille said that the Planning Commission should make a consideration to the Board of County
Commissioners for safety of the trucks and employee traffic.
Commissioner Cope said that it would make sense to have two accesses: however the accel/decel lanes
should be tied to the truck access due to safety. Mr. Laird said that they are agreeable to that and have
proposed to have the left deceleration lane for the truck access.
Commissioner Johnson asked about creating an easement or joint access between the two lots to be
shared with the employee traffic and the parcel to the east Ms. Lundquist said that we have done that and
added that it is a possibility. Mr. Laird said that there could be a shared access with the employee access
only_
Commissioner Johnson referred to the letter submitted by Anadarko and asked if there has been a
resolution Mr. Laird said that they are working with Anadarko in developing a Surface Use Agreement.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair referred to the change to Development Standard 34.
Motion: Delete Development Standard 34. Moved by Terry Cross. Seconded by Tom Cope. Motion
carried unanimously.
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
2
Motion: Forward Case USR16-0041 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 Johnson. Seconded by Gene Stille.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Bruce Johnson, Bruce Sparrow. Gene Stifle. Joyce Smock, Terry Cross. Tom Cope.
Meeting adjourned at 3:05 pm.
Respectfully submitted,
4#5\466nti4inabfrt_
Kristine Ranslem
Secretary
3
Hello