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HomeMy WebLinkAbout20170559.tiffLAND USE APPLICATION SUMMARY SHEET Planner: Kim Ogle Hearing Date: February 7, 2017 Case Number: USR16-0041 Applicant: Bramming Family Trust, John E. Bramming Trust II, c/o Mary Alice Bramming, Trustee Address: 2040 "J" Hooker Street, Denver CO 80211 Representative: Asphalt Specialties Company, Inc.; Hunt Brothers Properties, Inc.; c/a Rob Laird Request: Legal Description: 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 Lot A of RECX16-0183 and Lot A of RECX16-0184 being part of the N2 NE4 and E2NW4 of Section 25, Township 1 North Range 68 West of the 6th P.M., Weld County Colorado Location: South of and adjacent to County Road 6; Approximately 1900 feet West of County Road 13 Size of Parcel: +/- 34.1 acres Parcel No. 1467-25-0-00-026 The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: v Central Weld County Water District, referral dated December 7, 2016 Y Colorado Geologic Survey, referral dated December 19, 2016 Y Weld County Department of Public Works, referral dated December 21, 2016 Y Anadarko Land; Kerr-McGee, referral dated December 22, 2016 Y Weld County Department of Planning Services — Engineer, referral dated December 22, 2016 Y Town of Dacono, referral dated December 29, 2016 Y Weld County Department of Public Health and Environment, referral dated January 4, 2017 The Department of Planning Services' staff has received referral responses without comments from the following agencies: • Weld County Zoning Compliance, referral dated November 28, 2016 • Weld County Sherriff's Office, referral dated November 30, 2016 ▪ Colorado Parks and Wildlife, referral dated December 14, 2016 USR16-0041, Asphalt Specialties Company, Inc, Page 1 of 14 The Department of Planning Services' staff has not received responses from the following agencies: V V V V V V V V V V V V V V V Brighton Fire Protection District Weld County Department of Building Inspection Colorado Division of Labor and Employment Town of Erie City of Northglenn Adams County Farmer's Reservoir and Irrigation Company Regional Transportation District Western Area Power Administration Amoco Production Company West Adams Soil Conservation District Colorado Department of Public Health and Environment Colorado Department of Transportation, Weld County School District RE -8 Colorado Water Conservation Board Weld County Department of Public Works —Access USR16-0041, Asphalt Specialties Company, Inc, Page 2 of 14 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Planner: Kim Ogle Hearing Date: February 7, 2017 Case Number: USR16-0041 Applicant: Bramming Family Trust, John E. Bramming Trust II, do Mary Alice Bramming, Trustee Address: 2040 "J" Hooker Street, Denver CO 80211 Representative: Asphalt Specialties Company, Inc.; Hunt Brothers Properties, Inc.; do Rob Laird Request: Legal Description: 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 Lot A of RECX16-0183 and Lot A of RECX16-0184 being part of the N2 NE4 and E2NW4 of Section 25, Township 1 North Range 68 West of the 6th P.M., Weld County Colorado Location: South of and adjacent to County Road 6; Approximately 1900 feet West of County Road 13 Size of Parcel: +/- 34.1 acres Parcel No. 1467-25-0-00-026 Case Summary: Asphalt Specialties Co., Inc. proposes a multiple -use development project consisting of an office building, heavy -equipment maintenance facility ("shop"), truck parking and equipment storage, an asphalt batch plant, a quality -control lab ("QC" lab), recycling of construction materials and liquid asphalt storage. The office building would employ from between 30 to 35 employees and would normally operate during the hours of 8:00 AM to 5:00 PM Monday through Friday with employees occasionally working Saturdays. The QC lab would have 4-5 employees and would normally work between the hours of 6:00 AM to 4:00 PM Monday through Friday. The shop would employ a maximum of 14 employees over two working shifts (days and evenings). Normal hours of operation will be 6:00 AM to 11:30 PM. Days of operation can be 7 days/week if needed. The asphalt plant and recycling operation would have 3-4 employees each and would normally work between the hours of 6:00 AM to 4:00 PM Monday through Friday and on Saturdays during the peak construction season. The asphalt plant and recycling operations are being proposed to be located at the southern portion (Lot A RECX16-0184) of the parcel away from the County Road 6 frontage and nearby to the already existing Varra Companies concrete batch plant operation (USR-1341). Views to these two operations (asphalt batching and recycling) are very limited from County Road 6 due to distance and elevation USR16-0041, Asphalt Specialties Company, Inc, Page 3 of 14 loss to the south. Two access points are being proposed: one for heavy truck traffic only on the west side of the parcel and one for employee access on the east side. Sight distance visibility is very good for both access points along County Road 6. Outside parking and storage will consist of a maximum of approximately 55 trucks (tractor/trailer and tandems) that will be parked at night at the facility service yard and on construction location or on the road during the day in the construction season. Truck drivers park their personal vehicles on the site in the morning for the duration of the working day and leave at night. During winter shutdown of highway construction activities, there may be as many as 35 pieces of heavy equipment parked in the southern parking, staging and storage area. DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED 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 Department of Planning Services' staff 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 1- 25 corridor and this is expected to continue into the foreseeable future. ASCI also operates two sand and gravel mining operations in Weld County. 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. USR16-0041, Asphalt Specialties Company, Inc, Page 4 of 14 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. 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. USR16-0041, Asphalt Specialties Company, Inc, Page 5 of 14 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 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 a 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 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." USR16-0041, Asphalt Specialties Company, Inc, Page 6 of 14 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 XI, 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. F. 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 Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the USR Map 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) USR16-0041, Asphalt Specialties Company, Inc, Page 7 of 14 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) F. 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) I. 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) L. 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) 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) USR16-0041, Asphalt Specialties Company, Inc, Page 8 of 14 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) USR16-0041, Asphalt Specialties Company, Inc, Page 9 of 14 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@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) USR16-0041, Asphalt Specialties Company, Inc, Page 10 of 14 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Asphalt Specialties Company, Inc. USR1 6-0041 1. 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 15th 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) USR16-0041, Asphalt Specialties Company, Inc, Page 11 of 14 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) 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) USR16-0041, Asphalt Specialties Company, Inc, Page 12 of 14 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) 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. USR16-0041, Asphalt Specialties Company, Inc, Page 13 of 14 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. 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. USR16-0041, Asphalt Specialties Company, Inc, Page 14 of 14 January 13, 2017 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: kogle@co.weld.co.us PHONE: (970) 353-6100, Ext. 3549 FAX: (970) 304-6498 LAIRD ROB 10100 DALLAS ST HENDERSON CO 80640 Subject: 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 On parcel(s) of land described as: LOT A OF RECX16-0183 AND LOT A OF RECX16-0184 BEING PART OF THE NE4 SECTION 25, T1N, R68W & PART E2NW4 E OF RR & S OF BULL CANAL OF THE 6TH P.M., WELD COUNTY, COLORADO. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on February 7, 2017, at 12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on March 8, 2017 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at www.weldcountyplanningcases.orq Page 2 of 2 If you have any questions concerning this matter, please call. Respectfully, Kim Ogl Planner November 28, 2016 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: kogle@co.weld.co.us PHONE: (970) 353-6100, Ext. 3549 FAX: (970) 304-6498 LAIRD ROB 10100 DALLAS ST HENDERSON CO 80640 Subject: USR16-0041 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR16-0039, 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 On parcel(s) of land described as: LOT A OF RECX16-0183 AND LOT A OF RECX16-0184 BEING PART OF THE NE4 SECTION 25, T1 N, R68W & PT E2NW4 E OF RR & S OF BULL CANAL EXC UPRR RES OF THE 6TH P.M., WELD COUNTY, COLORADO. Dear Applicants: Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the following Planning Departments for their review and comments: Dacono at Phone Number 303-833-2317 Erie at Phone Number 303-926-2700 Northglenn at Phone Number 303-450-8709 It is recommended that you contact the listed Planning Departments for information regarding their process and to answer any questions that might arise with respect to your application. Page 2 of 2 If you have any questions concerning this matter, please call. Respectfully, Kim O Planner FIELD CHECK - USR16-0041 Inspection Date: December 9, 2016 Applicant: Bramming Family Trust, John E. Bramming Trust II Request: 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 Legal: Lot A of RECX16-0183 and Lot A of RECX16-0184 being part of the N2 NE4 and E2NW4 of Section 25, Township 1 North Range 68 West Location: South of and adjacent to County Road 6; Approximately 1900 feet West of County Road 13 Parcel ID: 1467-25-0-00-026 Acres: 34.1 +/- Zoning Land Use N AGRICULTURE N Agricultural Field and RV, Boat and Storage E AGRICULTURE E Dryland Agriculture S AGRICULTURE S Dryland Agriculture, Bull Canal, Western 345kV Transmission Line W AGRICULTURE W Varra Concrete Plant, Tri-State Substation & RV and Boat Storage Yard Comments: The two parcels are split by the right-of-way associated with the Bull Canal. Adjacent to the West property line is the Bull Canal, then the transmission line corridor. The land has historically been in agricultural production, but without irrigation water is limited to dryland farming. There are oil and gas appurtenances on site and there is a ditch access road utilized to gain vehicular access to all facilities. The land slopes off to the south, with a moderate change of grade. County Road 6 is the high point to the site. County roads 6 and 13 are paved, and there is currently only one access to the property \that of the ditch road. The former UPRR track is immediately adjacent to the west and is now owned by RTD. There are four residences in the immediate area all located to the north, east and southeast adjacent to CR 13. Signature ❑ Access to Property — Bull Canal only ❑ Crops — Dryland Agriculture ❑ Site Distance — Good onto CR 6 ❑ Oil & Gas Structures ❑ Utilities On -Site (transmission lines) — Western high voltage lines on "H: Frames ❑ Ditch — Bull Canal and Lateral ❑ Topography — Slopes to South Note any commercial business/commercial vehicles that are operating from the site. Hello