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Home My WebLink About20170302.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Tom Cope, 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 ASE NUMBER PPLICANT LANNER EQUEST. LEGAL DESCRIPTION. LOCATION 2MJUSR16-03-1360 MARTIN MARIETTA MATERIALS INC KIM OGLE A SITE SPECIFIC DEVELOPMENT PLAN AND 2ND AMENDED USE BY SPECIAL REVIEW PERMIT NO USR-1360 FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING A CONCRETE BATCH PLANT AND A REQUEST TO REMOVE DEVELOPMENT STANDARD NO. 22 (USE BY SPECIAL REVIEW PERMIT #1360 WILL BE CONSIDERED INVALID FIFTEEN (15) YEARS FROM THE DATE OF THE BOARD OF COUNTY COMMISSIONERS RESOLUTION. SHOULD THE OWNERS OF THE BATCH PLANT WISH TO CONTINUE OPERATING. THEY MUST BE APPROVED FOR A PLANNED UNIT DEVELOPMENT) IN THE A (AGRICULTURAL) ZONE DISTRICT PART N2NE4 SECTION 9. T2N, R68W LOT A REC EXEMPT RE -4659 OF THE 6TH P M., WELD COUNTY. COLORADO SOUTH OF AND ADJACENT TO HWY 119: WEST OF AND ADJACENT TO CR 7. 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. Article V. Section 22-5-80 B. (CM Goal 2) states `Promote the reasonable and orderly development of mineral resources." The existing facility and use is in an area that can support this development and the existing transportation improvements, the Development Standards. and the Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region. including the requirement to install earth berms and tree varieties that will more adequately screen the adjacent properties and road right-of-way per Board of County Commissioner resolution dated September 9, 2002. 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_4 of the Weld County Code provides for Mineral Resource Development Facilities, including concrete batch plants as a Use by Special Review in the A (Agriculture) Zone Districts. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. Lands to the south and east have been annexed into the Town of Frederick with the land to the east being undeveloped: lands to the south have improvements including a single family residence. Lands to the north. previously mined for a mineral resource and reclaimed as several water storage ponds has been annexed into the Town of Firestone and is pad of the St Vrain State Park. RESOLUTION 2MJUSR16-03-1360 MARTIN MARIETTA MATERIALS INC PAGE 2 Adjacent land to the west was also previously mined for a mineral resource and reclaimed as several water storage ponds and remain in the County with lands adjacent to the ponds having been annexed into the City of Longmont. All adjacent lands are within the floodplain of St_ Vrain Creek as defined by the FIRM Community Panel map #08123C -1890E effective date of January 20. 2016. Staff has not received any correspondence or telephone calls regarding this land use application 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 Towns of Frederick, Firestone and Mead. the City of Longmont and Boulder County. and within the Intergovernmental Agreement Area for the City of Longmont. The City of Longmont returned a referral dated November 22. 2016 indicating no conflict with their interests_ The Town of Frederick returned a referral response dated December 13, 2016 indicating the property is well within the Town of Frederick comprehensive planning area and is adjacent to the properties that are within the Town's jurisdiction. Town staff reviewed the request and finds that the use does not comply with the Town's commercial designation for the property. Such commercial uses typically include restaurants. retail shops. offices, grocery stores and the like_ TheTown of Frederick is not opposed to the applicant continuing the current operations at this location but has concerns with the cost for road maintenance and repair of the roadway and not being party to a road improvement agreement Historically there have been issues with mud. dirt and dust tracking out onto the roadway and migrating into the Town's drainage infrastructure causing sedimentation and reducing overall capacity." Section 26-1-50 A of the Weld County Code addresses the intent of PUD Districts in the 1-25 RUA ''The PUD provisions shall be applied to all proposals for commercial. industrial and residential developments within the RUAs, with the exception of those developments specifically called out and excluded in this Code. Section 26-1-50_B.1 states the following uses are exempt from utilizing the PUD process within the 1-25 RUA and will require a Use by Special Review (USR) application. including sand and gravel mining operations Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The Martin Marietta Materials property and all adjacent lands are within the floodplain of St. Vrain Creek as defined by the FIRM Community Panel map #08123C -1890E effective date of January 20, 2016. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. Building Permits issued on the proposed lot will be required to adhere to the fee structure of the 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 Martin Marietta Materials concrete batch plant facility is located on approximately 7.25 acres designated as "Irrigated Land (Not Prime) per the 1979 Soil Conservation Service Important Farmlands of Weld County Map None of the subject parcel is identified as "Prime" agricultural land. All of the property is located within the 100 Year Flood Plain, thus it limits the agricultural productiveness of the site. RESOLUTION 2MJUSR16-03-1360 MARTIN MARIETTA MATERIALS INC PAGE 3 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: 1. Prior to recording the map. A The applicant shall attempt to address the requirements (concerns) of the Town of Frederick, as stated in the referral response dated December 13, 2016. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. (Town of Frederick) The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to state highways. Provide written evidence that there are no additional roadway improvements required for this facility_ (Department of Public Works) County Road 7 has been annexed by the Town of Frederick. Please contact the Town of Frederick to verify the access and right-of-way requirements or for any additional requirement that may be needed to obtain or upgrade the access permit. Evidence of such shall be submitted. in writing. to the Weld County Department of Planning Services. (Department Public Works) D The map shall be amended to delineate the following: 1 All sheets of the map shall be labeled 2MJUSR16-02-1360 (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) 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 The map shall delineate the parking area for the vendors, customers and/or employees. (Department of Planning Services) 9 Show the approved Town of Frederick access(es) on the site plan and label with the approved access permit number. if applicable. (Department of Public Works) RESOLUTION 2MJUSR16-03-1360 MARTIN MARIETTA MATERIALS INC PAGE 4 10 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 - Engineer) 11 Show and label the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number. (Department of Planning Services - Floodplain) 12 Show and label the drainage flow arrows (Department of Planning Services -Engineer) 13. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Planning Services -Engineer) 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) 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(a�co,weld.co.us. (Department of Planning Services) 5. Prior to the Release of the Performance Bond A The applicant or operator shall meet with the Department of Planning Services to determine if there are any outstanding issues. (Department of Planning Services) 6. 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) Motion seconded by Jordan Jemiola. VOTE For Passage Bruce Johnson Bruce Sparrow Jordan Jemiola Joyce Smock Michael Wailes Terry Cross Tom Cope Gene Stille Against Passage Absent Cherilyn Barringer RESOLUTION 2MJUSR16-03-1360 MARTIN MARIETTA MATERIALS INC PAGE 5 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 January 17. 2017. Dated the 17'h of January, 2017 -6,6tbri- ' Kristine Ranslem Secretary SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Martin Marietta Materials. Inc. 2MJUSR16-02-1360 A Site Specific Development Plan and 2nd Amended Use by Special Review Permit No USR-1360 for Mineral Resource Development Facilities including a Concrete Batch Plant and a request to remove Development Standard No. 22 (Use by Special Review Permit #1360 will be considered invalid fifteen (15) years from the date of the Board of County Commissioners resolution. Should the owners of the Batch Plant wish to continue operating, they must be approved for a Planned Unit Development) 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 number of on -site employees shall be 25. (Department of Planning Services) 4. The parking area on the site shall be maintained. (Department of Planning Services) 5. 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) 6. The landscaping/screening on the site shall be maintained. (Department of Planning Services) 7. 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) 8. Lighting provided for security and emergency night operation on the site shall be designed so that the lighting will not adversely affect surrounding property owners. (Department of Planning Services) 9. The applicant shall obtain a Department of Army. 404 Clean Water Act Permit, if any work associated with this project requires the placement of dredged or fill material, and any excavation associated with a dredged or fill project, either temporary or permanent, in waters of the United States which may include streams, open water lakes, ponds or wetlands takes place at this bcation (Department of Planning Services). 10 The hours of operation shall be from 5:00 a.m. to 7:00 p.m., except in the case of public or private emergency. or to make necessary repairs to equipment. This restriction shall not apply to operation of administrative and executive offices or repair facilities located on the property. Variance from the hours of operation may be granted by the Weld County Board of County Commissioners. (Department of Planning Services). 11. The facility shall operate in accordance with the approved dust control plan. The facility shall have sufficient equipment available to implement appropriate dust control. Additional control measures shall be implemented as required by the Weld County Health Officer. (Department of Public Health and Environment) 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) RESOLUTION 2MJUSR16-03-1360 MARTIN MARIETTA MATERIALS INC PAGE 7 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 applicant 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) 16. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C R.S (Department of Public Health and Environment) 17. The facility shall utilize the existing municipal sewage treatment system. (St. Vrain Sanitation District) (Department of Public Health and Environment) 18. The applicant shall remove. handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. (Department of Public Health and Environment) 19. A permanent, adequate water supply shall be provided for drinking and sanitary purposes The facility shall utilize the existing public water supply. (Left Hand Water District) (Department of Public Health and Environment) 20. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) 21. The operation shall comply with all applicable rules and regulations of the Colorado Division of Reclamation Mining and Safety. (Department of Public Health and Environment) 22. Adequate hand washing and toilet facilities shall be provided for employees. (Department of Public Health and Environment) 23. The operation shall comply with the Occupational Safety and Health Act (OSHA) (Department of Public Health and Environment) 24. Any vehicle washing area(s) shall capture all effluent and prevent discharges from drum washing and the washing of vehicles in accordance with the Weld County Code, the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health and Environment) 25. 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) 26. The property owner shall control noxious weeds on the site. (Department of Public Works) 27. The access to the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Department of Public Works) 28. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 29. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning Services - Engineer) 30. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Planning Services - Engineer) RESOLUTION 2MJUSR16-03-1360 MARTIN MARIETTA MATERIALS INC PAGE 8 31. A Flood Hazard Development Permit is required for all construction or development occurring in the floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Map # 08123C -1890E dated January 20, 2016 (St. Vrain Creek Floodplain). Any development shall comply with all applicable Weld County requirements. Colorado Water Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado. and FEMA regulations and requirements as described in 44 CFR parts 59, 60. and 65. The FEMA definition of development is any man-made change to improved or unimproved real estate, including by not limited to buildings or other structures, mining, dredging. filling, grading. paving. excavation, drilling operations, or storage of equipment and materials. (Department of Planning Services - Floodplain) 32. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any development activities, the owner should contact Weld County to determine if the floodplain boundaries have been modified. (Department of Planning Services - Floodplain) 33. 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) 34. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 35. 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. 36. 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. 37. 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. 38 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 states 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 39. 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 RESOLUTION 2MJUSR16-03-1360 MARTIN MARIETTA MATERIALS INC PAGE 9 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. Hiyyvv\-cA Hi SUMMARY OF THE WELD COUNTY PLANNING COMMIS Tuesday. January 17. 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 Stifle. Jordan Jemiola. Joyce Smock, Michael Wailes. Terry Cross, Tom Cope. Absent: Cherilyn Barringer Also Present: Chris Gathman and Kim Ogle. Department of Planning Services: Hayley Balzano, Department of Planning Services — Engineering Division, Lauren Light. Department of Health: Evan Pinkham. Public Works; Bob Choate, County Attorney, and Kris Ranslem, Secretary. Motion: Approve the January 3, 2017 Weld County Planning Commission minutes, Moved by Bruce Johnson, Seconded by Joyce Smock. Motion passed unanimously. CASE NUMBER. APPLICANT PLANNER REQUEST LEGAL DESCRIPTION LOCATION 2MJUSR16-03-1360 MARTIN MARIETTA MATERIALS INC KIM OGLE A SITE SPECIFIC DEVELOPMENT PLAN AND 2ND AMENDED USE BY SPECIAL REVIEW PERMIT NO USR-1360 FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING A CONCRETE BATCH PLANT AND A REQUEST TO REMOVE DEVELOPMENT STANDARD NO 22 (USE BY SPECIAL REVIEW PERMIT #1360 WILL BE CONSIDERED INVALID FIFTEEN (15) YEARS FROM THE DATE OF THE BOARD OF COUNTY COMMISSIONERS RESOLUTION. SHOULD THE OWNERS OF THE BATCH PLANT WISH TO CONTINUE OPERATING. THEY MUST BE APPROVED FOR A PLANNED UNIT DEVELOPMENT) IN THE A (AGRICULTURAL) ZONE DISTRICT PART N2NE4 SECTION 9. T2N. R68W LOT A REC EXEMPT RE -4659 OF THE 6TH P M , WELD COUNTY COLORADO SOUTH OF AND ADJACENT TO HWY 119 WEST OF AND ADJACENT TO CR 7 Kim Ogle. Planning Services. presented Case 2MJUSR16-03-1360, reading the recommendation and comments into the record. Mr Ogle noted that the current facility was approved for a concrete ready -mix batch plant operation in 2002 by the Board of County Commissioners for the Western Mobile application. The request was to operate from this location for a period of 15 years and if the facility would operate for a longer term a Planned Unit Development application would be required. This requirement was stated in Development Standard 22. Based on this standard. Martin Marietta Materials. successor to Western Mobile must be approved for either a Planned Unit Development prior to April 24. 2017 or to request that Development Standard 22 be removed from the Resolution. Mr. Ogle stated that Martin Marietta is not making any other changes to their operations other than requesting that Development Standard 22 be removed. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Evan Pinkham, Public Works. reported on the existing traffic and access to the site. Hayley Balzano. Engineering, reported on the drainage conditions for the site Lauren Light. Environmental Health. reviewed the public water and sanitary sewer requirements. on -site dust control. and the Waste Handling Plan_ Commissioner Smock asked why this development standard was put into place. Mr. Ogle said that at the time Western Mobile was operating across the street and that was when County Road 7 was going to come across and it was going to be in the way of that improvement St. Vrain Parks was going to expand and 1 acquire the lands north of Highway 119. Western Mobile said that they will move across the street and would like to be there 15 years to make it worth their while. In 2011 Western Mobile sold their asset to Martin Marietta. Julie Mikulas, Martin Marietta Materials. 1800 North Taft Hill Road, Fort Collins, Colorado. stated that Western Mobile and Lafarge worked to permit this location in 2002. They are not requesting any changes to the permit other than removal of Development Standard 22. In regard to Frederick's referral, she stated that she has discussed all the concerns in Frederick's letter with their planning staff and will continue working with them. She added that they will be submitting a letter to them and are confident they will have an agreement prior to the Board of County Commissioner hearing. Commissioner Smock asked the applicants if they are considering annexation into Frederick Ms. Mikulas replied that they are not interested at this time in annexation. 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 asked the applicant if they have read through the Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Motion: Forward Case 2MJUSR16-03-1360 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Tom Cope, Seconded by Jordan Jemiola. Vote: Motion carried by unanimous roll call vote (summary: Yes = 8). Yes: Bruce Johnson, Bruce Sparrow. Gene Stifle, Jordan Jemiola, Joyce Smock. Michael Wailes. Terry Cross, Tom Cope. Meeting adjourned at 2:07 pm. Respectfully submitted, 461.lbhrt `f' Kristine Ranslem Secretary 2 Hello