HomeMy WebLinkAbout20170570.tiffHEARING CERTIFICATION
DOCKET NO. 2017-13.D
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 August 2, 2017, at 10:00 a.m., with the following present:
Commissioner Julie A. Cozad, Chair
Commissioner Steve Moreno, Pro-Tem
Commissioner Sean P. Conway - EXCUSED
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Stephanie Frederick
Assistant County Attorney, Bob Choate
Planning Services Department representative, Kim Ogle
Public Works Department representative, Evan Pinkham
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, c/o Mary Alice Bramming,
Trustee, c/o 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
cc: PLCMM/DSO), PE -CH 63), HLCe,F),CTBCTT)
2017-0570
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
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. At that time, the Board
deemed it appropriate to continue the matter to March 22, 2017, to allow the Commissioner who
represents that district to be present. It was again continued to April 26, 2017, to allow Asphalt
Specialties CO., Inc., time to have a community meeting to mitigate the concerns of the
surrounding property owners. On April 26, 2017, Asphalt Specialties, CO. Inc., requested a
continuance to provide adequate time to meet with the FRICO Ditch Company and schedule a
follow-up community meeting with the neighbors. On August 2, 2017, Bob Choate, Assistant
County Attorney, made this a matter of record.
Chair Cozad instructed Gary Stillmunker, representing the applicant, with the procedures to
follow should the case result in a tie vote due to four Commissioners being present and
Commissioner Conway excused. She reminded the applicant and the public that this case was
continued, and requested that any testimony brought before the Board should be new information.
le Kim Ogle, Department of Planning Services, presented a summary of the proposal and
reiterated this case has been continued to March 22, 2017, and then on April 26, 2017, so the
applicant could conduct a second community meeting on June 21, 2017, to discuss the proposed
modifications to the site plan, that were brought to their attention at the April 19, 2017, meeting.
He explained the applicants conducted a noise study on the facility and, they have been working
closely with the Farmers Reservoir and Irrigation Company and Bull Canal Lateral to work on
ditch crossings. He entered the favorable recommendation of the Planning Commission into the
record as written.
Evan Pinkham, Public Works Department representative, provided a brief overview of the
transportation plans and requirements. He stated access to the site is on County Road (CR) 6,
under Access Permit AP16-00562, which stipulates to use a new shared access point on CR 6,
for Lots A and B. He noted there is one Industrial access point, located 1,919 feet west. He stated
CR 6 is paved and is classified as a collector road and CR 13 is paved and is classified as an
arterial road. He reviewed the details of the Traffic Study count taken on March 3, 2016, and the
trigger for improvements along CR 6. He stated prior to the operation of the facility, the applicant
shall construct a westbound left deceleration lane, as well as and east bound right deceleration
lane at the facility access point. He stated the Department of Public Works will require tracking
control and an improvements agreement.
In response to Commissioner Kirkmeyer, Mr. Pinkham stated after the applicant spoke with
Public Works, they scaled back their initial request and now are only requesting one access point
on CR 6.
Hayley Balzano, Planning Services Engineer representative, presented the drainage
requirements. She stated since the last hearing the applicant has proposed one change, to the
pond on the north to be full retention, and have also submitted the request variance retention.
2017-0570
PL2460
HEARING CERTIFICATION - BRAMMING FAMILY TRUST AND JOHN G. BRAMMING TRUST
II, C/O MARY ALICE BRAMMING, TRUSTEE, 0/O HUNT BROTHERS PROPERTIES, INC./
ASPHALT SPECIALTIES CO., INC. (USR16-0041)
PAGE 3
She explained Condition of Approval #1.H, can be deleted, because the applicant redesigned the
retention pond.
• Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer
provisions. He reported water will be provided by the Central Weld County Water District. He
stated the applicant is proposing to permit and install a commercial septic system and will need
to provide evidence of an underground injection permit. If the septic system design capacity is
2,000 gallons or more per day, the applicant will need to adhere to the State requirements.
In response to Commissioner Kirkmeyer, Ms. Balzano stated since the north pond will be a
full detention pond it will be addressed in the Drainage Report.
Gary Stillmunker, applicant representative, reviewed the proposed multiple uses and
displayed slides showing the details of the site. He explained the process to implement the
suggestions received from the neighborhood meetings and the modifications made to the first
proposed site. He reported approximately 16 people attended the first meeting that was held on
the actual 120 -acre site so the residents could get an idea of the location. He discussed the
second neighborhood meeting and reported ten (10) issues or concerns were presented by the
neighbors. He explained the importance of providing transparency to the neighbors.
Mr. Stillmunker reviewed the modifications they made to the site plan, because of the
neighborhood meeting, and presented an artist rendition showing the details of the access points
and the landscaping. He stated they plan to install a 15 -foot berm to mitigate noise and dust.
Rob Laird, Resource Manager for Asphalt Specialties, discussed the results from the noise
studies which were conducted for the proposed site at the existing Firestone plant. He stated the
plant meets the daytime noise limit requirements; however, the nighttime noise limit could exceed
the limit into the RV storage area.
• In response to Commissioner Kirkmeyer, Mr. Laird pointed out the residential and light
industrial noise borders on the map and he defined the noise limits for day and night hours.
• Mr. Laird addressed the solutions for only having one access point and how they will utilize
the access to accommodate all types of traffic. He stated they will build an inside westbound truck
lane within the right-of-way of Weld County. He further stated they worked with CDOT to construct
a 550 -foot deceleration lane.
• In response to Commissioner Kirkmeyer, Mr. Ogle stated the applicants' PowerPoint was
just submitted today (Exhibit X).
Mr. Stillmunker presented the plans from the engineering company to address the FRICO
ditch requirements and summarized the time and action that Asphalt Specialties Co., Inc., has
taken since the last meetings.
2017-0570
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
• Shonal Vhe, surrounding property owner (SPO), stated her concerns with the construction
of the plant, and the potential health impacts it will have on her and her family. She stated if the
company builds there they must buy her out.
Hazel Frank, area resident, expressed her appreciation for Asphalt Specialties, Co., Inc.,
and their neighborhood meetings that they held on -site. She stated she would like to have the
berming located to the south, and any operations outside of daylight hours be done inside. She
requested the applicants install a four-way stop sign at the intersection of CR 6 and County Road
13 and a reduced speed limit on County Road 13. She explained she doesn't feel this facility is in
a good location because industrial use does not belong in the Agricultural zone.
• (Clerk's note: the meeting was paused at 11:49 a.m. and reconvened at 1:33 p.m.)
• Katee Pevler, adjacent neighbor, stated the applicant did a better job of inviting residents
and considering their concerns. She stated she has concerns with drainage and would like to ask
that the berms are built as high as the piles, to keep the dust away from the neighboring
properties. She suggested using a variety of plants in the landscaping. She stated she want
specific hours of operation and the area east of County Road 13 to be designated as open space.
She stated she would like a fence that blends with the agricultural zone. She expressed her desire
to have all the buildings more barn like.
Richard Roos Jr., SPO, stated his residence is located one and a half miles north of the site
and he supports the proposed business, because he believes it will benefit his company. He
stated other facilities like this one are well operated. He stated it is important to allow well planned
projects such as this one into the community; he doesn't feel that this project will have much
impact on the surrounding area.
• Rick Hulstrom, SPO, stated he wanted to put his other neighbors at ease, because he lives
close to another batch plant and he hasn't had any issues.
• Mr. Stillmunker expressed his appreciation for the comments from the adjacent neighbors
and stated the applicant has done what they can to mitigate some of the concerns.
In response to Commissioner Kirkmeyer, Mr. Stillmunker stated the engineering company
changed the size and location of the retention/detention pond. Mr. Laird stated the north pond is
a total retention pond and the pond on the south side is a detention pond. It will be a controlled
flow, all protected with rip -rap.
EI Mr. Laird explained how the detention pond will collect the suspended sediment and the
design will allow easy removal of the finds. He stated this is a requirement from the Department
of Public Works. Chair Cozad stated she just wanted to make sure the applicant had a water
quality feature on the property.
2017-0570
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
• In response to Commissioner Kirkmeyer, Mr. Stillmunker stated they are not interested in a
buyout of the adjacent properties. Commissioner Kirkmeyer stated she has been doing
comparisons with Martin Marietta's Development Standards in regards to hours of operation. She
Commissioner Kirkmeyer distributed a page which stated requirements of hours of operations
Exhibit Y). In response to Commissioner Kirkmeyer, Mr. Stillmunker stated there are some
government municipality contracts which will require the operation to occur during the night time
paving. He explained, if this occurred, they would obtain permission to operate during the night,
and if they did operate the plant at night it would be for smaller jobs, so it would not be continuous.
Chair Cozad asked if Mr. Laird was suggesting they have hours similar as Martin Marietta.
Commissioner Kirkmeyer clarified the hours of the maintenance shop and that the work will be
done indoors.
• Mr. Stillmunker stated they plan on installing some fencing around the corporate office and
shop buildings, there will be security fencing where the equipment is stored, and explained the
berms and landscaping along the east side will have trees planted 15 feet apart.
In response to Commissioner Moreno, Mr. Stillmunker stated they will bring in mature trees
for the landscaping. He stated he is not sure what type of fencing will be on the south half of the
site. Mr. Stillmunker stated they are fine with a fence that has an agricultural feel and offers
superior security.
• In response to Commissioner Kirkmeyer, Mr. Stillmunker stated he understands that if they
can't get the letter from FRICO the project will not be able to move forward.
• Mr. Stillmunker stated they are willing to construct their buildings to blend in with the
Agricultural nature of the area.
El Commissioner Kirkmeyer referred to Condition of Approval (COA) #1. D, they will not allow
chain link or slat fencing on the site. She stated the applicants aren't required to have decorative
fencing the type of screening should be decided after meeting with the community. Chair Cozad
stated she is fine with some chain link fence inside the facility for security reasons, with decorative
fencing at the entrances. Commissioner Kirkmeyer stated screening and landscaping needs to
occur on the north side of the property, the east side of the facility and the south side where there
are residential uses. She recommended the type of landscaping she would like the applicants to
use. Commissioner Kirkmeyer stated she recommends deleting COAs #1. H., and #1.1.
In response to Commissioner Kirkmeyer, Mr. Ogle stated the City of Dacono requested
mitigation for dust and odor and to buffer the existing site from CR 6. Commissioner Kirkmeyer
suggested the Board delete COA #1.K.
Chair Cozad suggested amending COA #1.L.5 to add fencing shall include, at a minimum,
decorative fencing in key areas to reflect the rural agricultural character. Commissioner Kirkmeyer
2017-0570
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
recommended also adding berming and suggested the landscaping be deciduous trees and low
water plants with a mixture of materials that will blend in with the surrounding landscaping.
CI Commissioner Kirkmeyer stated she would like to add screening to the northeast side of
residential properties, because it isn't important to have screening from another asphalt batch
plant.
Commissioner Kirkmeyer proposed amending COA #6.B concerning the construction of a
westbound acceleration lane on CR 6, in accordance with the Improvement Agreement.
IN Commissioner Kirkmeyer addressed DS #6 and the required hours of operation for the
maintenance shop that all maintenance take place indoors. After discussion, it was decided to
replace DS #6 with the language from Martin Marietta's Development Standard #6.A.4.
Concerning DS #17, she stated the maximum noise level should be 55 decibels for residential
areas using the language from Martin Marietta DS #24.
IN - Mr. Frissel stated he wants to give staff direction on where to take the measurements to
address any complaints about noise.
In response to Commissioner Kirkmeyer, Mr. Frissel noted he will add a Development
Standard that addresses odors and will include nuisance odors. Commissioner Kirkmeyer
proposed use of Martin Marietta DS #30 language which refers to the seven -to -one dilution
threshold to be added as a new DS #15.
arm
IU Ms. Balzano stated after the required exemptions were complete, the geologic hazard area
was not located on the actual site, therefore, DS #34 can be deleted.
Mr. Laird explained the 62 employees does not include the truck drivers. Commissioner
Freeman suggested adding the language of "no more than 70 employees"to DS #7. Chair Cozad
reviewed the changes made to the resolution under the DS.
• In response to Chair Cozad, Mr. Stillmunker and Mr. Laird indicated they have reviewed,
and agree to abide by, the Conditions of Approval and Development Standards, as amended.
• Commissioner Freeman moved to approve the request of Bramming Family Trust and John
G. Bramming Trust II, do Mary Alice Bramming Trustee, c/o 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
2017-0570
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 7
part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the
A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning
Commission, with the Conditions of Approval and Development Standards as amended and
entered into the record. The motion was seconded by Commissioner Moreno, and it carried
unanimously.
Commissioner Kirkmeyer reported she lives in this area and she will support this USR with
the new language in the resolution and the fact that it is located near to the railway and in close
proximity to Interstate 25, and it sets a high standard for future companies coming to the County.
She requested they become part of the community and keep open communication with the
neighbors. Commissioner Freeman stated this is compatible with the surrounding area. Chair
Cozad stated she appreciates the applicant doing their due diligence with the noise study, road
accesses and the road improvements. There being no further discussion, the hearing was
completed at 2:56 p.m.
This Certification was approved on the 7th day of August, 2017.
BOARD OF COUNTY COMMISSIONERS
WELD CONTY, COLORADO
ATTEST: daitm) uCdto•4,
Weld County Clerk to the Board
BY
APP
ounty Attorney
Date of signature: a l Co( (1
uiie A. Cozad, Chair
Steve Moreno, Pro -Tern
ikke, Freeman
rbara Kirkmeyer
2017-0570
PL2460
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