HomeMy WebLinkAbout20170557.tiffCORRECTED RESOLUTION
(Corrected as to Development Standards #6, #15, and #18)
RE: APPROVE 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,
CIO MARY ALICE BRAMMING, TRUSTEE, C/O HUNT BROTHERS PROPERTIES,
INC./ ASPHALT SPECIALTIES CO., INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 8th day of
March, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Bramming Family Trust and John G. Bramming Trust II, c/o Mary Alice
Bramming, Trustee, 2014 "J" Hooker Street, Denver, CO 80211, c/o Hunt Brothers Properties,
Inc./ Asphalt Specialties Co., Inc., 10100 Dallas Street, Henderson, CO 80640, fora 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, on the following described
real estate, being more particularly described as follows:
Lot A of Recorded Exemption, RECX16-0183, and
Lot A of Recorded Exemption, RECX16-0184; being
part of the NE1/4 of Section 25, Township 1 North,
Range 68 West, and part of the E1/2 NW1/4 east of
railroad and south of Bull Canal Exc UPRR RES
West of the 6th P.M., Weld County, Colorado
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2017-0557
PL2460
SPECIAL REVIEW PERMIT (USR16-0041) - 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.
PAGE 2
WHEREAS, at said hearing, the applicant was present and the Board deemed it appropriate to
continue the matter to March 22, 2017, and then again to April 26, 2017, to allow the applicant
adequate time to meet with the Farmers Reservoir and Irrigation Company (FRICO) and schedule
a community meeting with the neighbors, and
WHEREAS, on April 26, 2017, the Board deemed it appropriate to continue the matter to
August 2, 2017, to allow for all five (5) Commissioners to be present, and the opportunity to
conduct another neighborhood meeting and address concerns from FRICO, and
WHEREAS, on August 2, 2017, at said hearing, the applicants were present,
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall 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 Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) 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, Inc. (ASCI) seeks to consolidate a
significant portion of its business activities to this location, including
relocating the corporate office, quality control (QC) lab and
company maintenance shop. 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 relocation, 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
2017-0557
PL2460
SPECIAL REVIEW PERMIT (USR16-0041) - 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.
PAGE 3
paving) being performed in the northern Denver metro area, and
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 (2) 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 2,500 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 Conditions of Approval and Development Standards for this
proposal, will assist in mitigating the impacts of the facility on the
adjacent properties and ensure compatibility with surrounding land
uses.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.A allows 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, 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 as a Use by
Special Review in the A (Agricultural) Zone District."
C. Section 23-2-230.B.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 of the current
2017-0557
PL2460
SPECIAL REVIEW PERMIT (USR16-0041) - 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.
PAGE 4
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 1,700 feet and 3,600 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 for United Power 115 kV substation
(USR-1702); adjacent to the southwest is the Varra Company mineral
resource development facility including a concrete recycle and concrete
batch plant; and, 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 (CR) 6 heading west
to access the Interstate 25 corridor. Vendors and employees may access
the facility from the west or east on CR 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 properties and public rights -of -way. These
two plans, along with the Conditions of Approval and Development
Standards for this proposal, will assist in mitigating the impacts of the
facility on the adjacent properties and ensure compatibility with surrounding
land uses. Will meet Residential noise standards, reduction in access
increases safety, road improvements of accel/decel lanes enhance
compatibility.
D. Section 23-2-230.B.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
2017-0557
PL2460
SPECIAL REVIEW PERMIT (USR16-0041) - 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.
PAGE 5
fugitive dust and other particulate matter, and 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, CR 8, (Summit
Boulevard) allows no trucks or other commercial vehicles 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 several concerns (see PC Exhibit 1). The Department
of Planning Services received other letters of opposition that are saved as
PC Exhibits or BOCC Exhibits. 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 CR 6 and the maintenance
shop south of the office yet located north of the FRICO Lateral and adjacent
to CR 6. The City of Dacono's Comprehensive Land Use Plan identifies
lands north of CR 6, between CR 11 and 13, as slated for Industrial
development_ Further, the Conditions of Approval will require a site
Lighting Plan and a Landscape and Screening Plan to be submitted to the
Department of Planning Services for review and approval. Additionally,
Development Standards will address nuisance transient lighting, provided
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 of in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance
conditions; all site activities shall 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 23-2-230.B.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 lots will be required to adhere to the fee structure of
the County -Wide Road Impact Fee, County Facility Fee and Drainage
Impact Fee Programs.
2017-0557
PL2460
SPECIAL REVIEW PERMIT (USR16-0041) - 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.
PAGE 6
F. Section 23-2-230.6.6 -- 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 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 23-2-230.6.7 — 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 the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Bramming Family Trust and John G. Bramming Trust II,
do Mary Alice Bramming, Trustee, do Hunt Brothers Properties, Inc./ Asphalt Specialties Co.,
Inc., for a Site Specific Development Plan and Use by Special Review Permit, USR16-0041, for
Mineral Resource Development Facilities including an Asphalt Batch Plant; Asphalt and Concrete
Recycling Operations; any Use permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts (heavy equipment maintenance shop,
administrative office building, quality control lab, liquid asphalt storage, company fueling station
and outdoor truck and equipment parking, staging and storage and raw and processed material
storage when screened from public rights -of -way and adjacent properties) provided that the
property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior
to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, on the
parcel of land described above be, and hereby is, granted subject to the following conditions:
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.
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.
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
2017-0557
PL2460
SPECIAL REVIEW PERMIT (USR16-0041) - BRAMMING FAMILY TRUST AND JOHN G.
BRAMMING TRUST II, 0/O MARY ALICE BRAMMING, TRUSTEE, C/O HUNT BROTHERS
PROPERTIES, INC./ ASPHALT SPECIALTIES CO., INC.
PAGE 7
following standards: sources of light shall be shielded so that beams or rays
of light will not shine directly onto adjacent properties."
D. The applicant shall submit an updated Landscaping/Screening Plan to the
Department of Planning Services for review and approval. The equipment
parking area and the employee parking area shall be screened from
adjacent properties and public rights -of -way to the north, south and east
and any residential properties.
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.
F An Improvements and Road Maintenance Agreement is required for off -site
improvements at this location. Road maintenance, including dust control,
damage repair, specified haul routes and future traffic triggers for
improvements will be included.
G. A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado is
required.
H. 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.
The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR16-0041.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
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.
5) The map shall delineate the landscaping, berming and/or
screening. Include, at a minimum, decorative fencing in key areas
to reflect the rural agricultural character.
6) The map shall delineate the lighting.
2017-0557
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SPECIAL REVIEW PERMIT (USR16-0041) - 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.
PAGE 8
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.
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.
9) Show and label the approved access (AP#16-00562), and the
minimum 60 -foot turning radii on the site plan.
10) Show and label the approved tracking control on the site plan.
11) Show and label the entrance gate set back a minimum of 100 feet
from edge of shoulder.
12) Show and label all recorded easements on the map by book and
page number or reception number and date on the site plan.
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.
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.
15) Show and label the parking and traffic circulation flow arrows
showing how the traffic moves around the property.
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.
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
2017-0557
PL2460
SPECIAL REVIEW PERMIT (USR16-0041) - 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.
PAGE 9
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.
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.
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.
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
B. The approved access and tracking control shall be constructed prior to
on -site construction.
6. Prior to Operation:
A. Accepted construction drawings and construction of the off -site roadway
improvements are required.
B. The applicant shall construct a westbound acceleration lane on County
Road 6, westbound left deceleration lane on County Road 6 and an
eastbound right deceleration lane on County Road 6 at the facility access,
in accordance with the Road Improvements Agreement.
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.
7. Prior to the issuance of the Certificate of Occupancy:
A. An on -site wastewater treatment system is required for the proposed facility
and shall be installed according to the Weld County On -site Wastewater
Treatment System Regulations. The septic system is required to be
2017-0557
PL2460
SPECIAL REVIEW PERMIT (USR16-0041) - 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.
PAGE 10
designed by a Colorado Registered Professional Engineer according to the
Weld County On -site Wastewater Treatment System Regulations.
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.
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 2nd day of August, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditA,A) G: •vi
Weld County Clerk to the Board
BY: (;:
puty Clerk to the Board _h R
Steve Moreno, Pro -Tern
ozad, Chair
Date of signature: I
rr•ara Kirkmeyer
2017-0557
PL2460
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
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
1 The Site Specific Development Plan and Use by Special Review Permit, USR16-0041, is
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, subject to the
Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The hours of operation for the office are 8:00 a.m. to 5:00 p.m., Monday through Saturday,
as stated by the applicant.
4. The hours of operation for the Quality Control Lab are 6:00 a.m. to 4:00 p.m., Monday
through Friday, as stated by the applicant.
5. The hours of operation for the Maintenance Shop are 6:00 a.m. to 11:30 p.m., Monday
through Sunday, as necessary, as stated by the applicant.
6. When the asphalt plant is operating at night, it will only occur when material is requested
by cities, counties, or CDOT, for night paving projects. Operations will be considered
"night operations" when they take place between the hours of one hour after sundown to
one hour before sunrise. Depending on the request of the jurisdiction purchasing the
asphalt, night operations could occur seven days per week. When Asphalt Specialties
becomes aware of projects that require night operations, they will email the Weld County
Planning Director to let him/her know about the plans to operate outside of daylight hours,
who the project is for, how long it will be occurring, and where the materials are being
delivered.
7. The number of on -site employees shall be no more than seventy (70).
8. The parking area on the site shall be maintained.
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.
2017-0557
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DEVELOPMENT STANDARDS (USR16-0041) - 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.
PAGE 2
10. The landscaping/screening on the site shall be maintained.
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.
12. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 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.
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, Section 30-20-100.5, C.R.S.
14. Waste materials shall be handled, stored, and disposed of 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 I, of the Weld
County Code.
15. Odors detected off -site shall not exceed the level of seven -to -one dilution threshold, as
measured pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations. The
facility shall be operated in a manner so as not create a public nuisance.
16. 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.
17. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit Application and obtain a permit from the Colorado Department of Public Health and
Environment, Air Pollution Control Division, as applicable.
18. This facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone, as delineated in Section 14-9-30 of the Weld County Code, as
measured at the property line of the adjacent residential lots. In all other locations, the
facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial
Zone District, as delineated in Section 14-9-30 of the Weld County Code.
19. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the
applicable provisions of 40 CFR, Part 112, shall be available on the site.
20. 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.
2017-0557
PL2460
DEVELOPMENT STANDARDS (USR16-0041) - BRAMMING FAMILY TRUST AND JOHN G.
BRAMMING TRUST II, CIO MARY ALICE BRAMMING, TRUSTEE, CIO HUNT BROTHERS
PROPERTIES, INC./ ASPHALT SPECIALTIES CO., INC.
PAGE 3
21. 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.
22. 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.
23. 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.
24. 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.
25. 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 (WQCD)
Regulations.
26. For employees that are on -site for less than two (2) consecutive hours a day, or ten (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.
27. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
28. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Onsite Waste Water Treatment Systems.
29. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
30. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
31. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
32. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
33. The historical flow patterns and runoff amounts on the site will be maintained.
2017-0557
PL2460
DEVELOPMENT STANDARDS (USR16-0041) - 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.
PAGE 4
34. Weld County is not responsible for the maintenance of on -site drainage related features.
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.
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.
37. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
38. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
39. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards, as shown or stated, shall require the
approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
40. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development
Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
41. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
2017-0557
PL2460
DEVELOPMENT STANDARDS (USR16-0041) - BRAMMING FAMILY TRUST AND JOHN G.
BRAMMING TRUST II, CIO MARY ALICE BRAMMING, TRUSTEE, C/O HUNT BROTHERS
PROPERTIES, INC./ ASPHALT SPECIALTIES CO., INC.
PAGE 5
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. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
2017-0557
PL2460
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
PERMIT, USR16-0041, FOR MINERAL RESOURCE DEVELOPME FACILI
INCLUDING AN ASPHALT BATCH PLANT; ASPHALT AND CONCR RECYCLING
OPERATIONS; ANY USE PERMITTED AS A USE BY RIGHT, ACC SORY
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR IND TRI NE
DISTRICTS (HEAVY EQUIPMENT MAINTENANCE SHOP, ADM ISTR E FICE
BUILDING, QUALITY CONTROL LAB, LIQUID ASPHALT ORAGE, PANY
FUELING STATION AND OUTDOOR TRUCK AND EQUIPME PARKING, S AGING
AND STORAGE AND RAW AND PROCESSED MAT IA TORAGE WHEN
SCREENED FROM PUBLIC RIGHTS -OF -WAY AND JACE PROPERTIES)
PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN A PROVED ECORDED
SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF
ANY REGULATIONS CONTROLLING SUBDIVISIO N THE A (AGRICULTURAL)
ZONE DISTRICT - BRAMMING FAMILY TRUST AN JOHN G. BRAMMING TRUST II,
C/O MARY ALICE BRAMMING, TRUSTEE, C/O NT BROTHS PROPERTIES,
INC./ ASPHALT SPECIALTIES CO., INC.
WHEREAS, the Board of County Commiss ners of Weld L1wrRy, Colorado, pursuant to
Colorado statute and the Weld County Home ule C rter, i vested with the authority of
administering the affairs of Weld County, Colorado, • d
WHEREAS, the Board of County Co
March, 2017, at the hour of 10:00 a.m., in
the application of Bramming Family Tr
Bramming, Trustee, 2014 "J" Hooker Str
Inc./ Asphalt Specialties Co., Inc., 10100 Da
Development Plan and Use by Sp
Development Facilities including
Operations; any Use permitted a
the Commercial or Industrial Zo
office building, quality control lab,
truck and equipment parkin
screened from public righ
in an approved or record
regulations controlling su
real estate, being more pa
st
n Asp
a Use •
• istri
f -way a
subdivision
ivisions in the
icularly descri
Lot A
Lot A of
part of the
Range 68
railroad an
West of the
corded
rd
oner geld = public hearing on the 8th day of
bers of Board, for the purpose of hearing
John G. Bramming Trust II, do Mary Alice
r, C. •0211, c/o Hunt Brothers Properties,
treet, Henderson, CO 80640, for a Site Specific
ermit, USR16-0041, for Mineral Resource
It Batc Plant; Asphalt and Concrete Recycling
Ri • ht Accessory Use, or Use by Special Review in
eavy e• uipment maintenance shop, administrative
asphalt storage, company fueling station and outdoor
storage and raw and processed material storage when
ent properties) provided that the property is not a lot
art of a map or plan filed prior to adoption of any
(Agricultural) Zone District, on the following described
d as follows:
xemption, RECX16-0183, and
xemption, RECX16-0184; being
E1/4 of Section 25, Township 1 North,
est, and part of the E1/2 NW1/4 east of
south of Bull Canal Exc UPRR RES
th P.M., Weld County, Colorado
WHE AS, at said heing, the applicant was present and the Board deemed it
appropriate to gtinue the ma -r to March 22, 2017, and then again to April 26, 2017, to allow
the applicant adeq - ime ► eet with the Farmers Reservoir and Irrigation Company (FRICO)
and schedule a commune y meeting with the neighbors, and
cc: PL. (Mtn Ko), P£CHe), Hc.CSF)
cre( TS), A.PPI.
q/t9/17
2017-0557
PL2460
SPECIAL REVIEW PERMIT (USR16-0041) - 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.
PAGE 2
WHEREAS, on April 26, 2017, the Board deemed it appropriate to continue the matter to
August 2, 2017, to allow for all five (5) Commissioners to be present, and the opportunity to
conduct another neighborhood meeting and address concerns from FRICO, and
WHEREAS, on August 2, 2017, at said hearing, the applicants were present,
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall 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 Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) 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, Inc. (ASCI) seeks to consolidate a
significant portion of its business activities to this location, including
relocating the corporate office, quality control (QC) lab and
company maintenance shop. 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 relocation, 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, and
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
2017-0557
PL2460
SPECIAL REVIEW PERMIT (USR16-0041) - 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.
PAGE 3
corridor and this is expected to continue into the foreseeable future.
ASCI also operates two (2) 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 2,500 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 Conditions of Approval and Development Standards for this
proposal, will assist in mitigating the impacts of the facility on the
adjacent properties and ensure compatibility with surrounding land
uses.
B. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.A allows 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, 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 as a Use by
Special Review in the A (Agricultural) Zone District."
C. Section 23-2-230.6.3 -- 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 of 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.
2017-0557
PL2460
SPECIAL REVIEW PERMIT (USR16-0041) - 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.
PAGE 4
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 1,700 feet and 3,600 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 for United Power 115 kV substation
(USR-1702); adjacent to the southwest is the Varra Company mineral
resource development facility including a concrete recycle and concrete
batch plant; and, 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 (CR) 6 heading west
to access the Interstate 25 corridor. Vendors and employees may access
the facility from the west or east on CR 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 properties and public rights -of -way. These
two plans, along with the Conditions of Approval and Development
Standards for this proposal, will assist in mitigating the impacts of the
facility on the adjacent properties and ensure compatibility with surrounding
land uses. Will meet Residential noise standards, reduction in access
increases safety, road improvements of accel/decel lanes enhance
compatibility.
D. Section 23-2-230.B.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, and 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, CR 8, (Summit
2017-0557
PL2460
SPECIAL REVIEW PERMIT (USR16-0041) - 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.
PAGE 5
Boulevard) allows no trucks or other commercial vehicles 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 several concerns (see PC Exhibit 1). The Department
of Planning Services received other letters of opposition that are saved as
PC Exhibits or BOCC Exhibits. 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 CR 6 and the maintenance
shop south of the office yet located north of the FRICO Lateral and adjacent
to CR 6. The City of Dacono's Comprehensive Land Use Plan identifies
lands north of CR 6, between CR 11 and 13, as slated for Industrial
development. Further, the Conditions of Approval will require a site
Lighting Plan and a Landscape and Screening Plan to be submitted to the
Department of Planning Services for review and approval. Additionally,
Development Standards will address nuisance transient lighting, provided
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 of in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance
conditions; all site activities shall 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 23-2-230.B.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 lots 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 23-2-230.B.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
2017-0557
PL2460
SPECIAL REVIEW PERMIT (USR16-0041) - 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.
PAGE 6
Farmlands of Weld County Map. The property has no irrigation 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 23-2-230.B.7 — 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 the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application 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 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, on the
parcel of land described above be, and hereby is, granted subject to the following conditions:
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.
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.
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."
D. The applicant shall submit an updated Landscaping/Screening Plan to the
Department of Planning Services for review and approval. The equipment
2017-0557
PL2460
SPECIAL REVIEW PERMIT (USR16-0041) - BRAMMING FAMILY TRUST AND JOHN G.
BRAMMING TRUST II, CIO MARY ALICE BRAMMING, TRUSTEE, C/O HUNT BROTHERS
PROPERTIES, INC./ ASPHALT SPECIALTIES CO., INC.
PAGE 7
parking area and the employee parking area shall be screened from
adjacent properties and public rights -of -way to the north, south and east
and any residential properties.
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.
F. An Improvements and Road Maintenance Agreement is required for off -site
improvements at this location. Road maintenance, including dust control,
damage repair, specified haul routes and future traffic triggers for
improvements will be included.
G. A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado is
required.
H. 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.
I. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR16-0041.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
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.
5) The map shall delineate the landscaping, berming and/or
screening. Include, at a minimum, decorative fencing in key areas
to reflect the rural agricultural character.
6) The map shall delineate the lighting.
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.
2017-0557
PL2460
SPECIAL REVIEW PERMIT (USR16-0041) - 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.
PAGE 8
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.
9) Show and label the approved access (AP#16-00562), and the
minimum 60 -foot turning radii on the site plan.
10) Show and label the approved tracking control on the site plan.
11) Show and label the entrance gate set back a minimum of 100 feet
from edge of shoulder.
12) Show and label all recorded easements on the map by book and
page number or reception number and date on the site plan.
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.
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.
15) Show and label the parking and traffic circulation flow arrows
showing how the traffic moves around the property.
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.
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.
2017-0557
PL2460
SPECIAL REVIEW PERMIT (USR16-0041) - 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.
PAGE 9
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.
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.
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
B. The approved access and tracking control shall be constructed prior to
on -site construction.
6. Prior to Operation:
A. Accepted construction drawings and construction of the off -site roadway
improvements are required.
B. The applicant shall construct a westbound acceleration lane on County
Road 6, westbound left deceleration lane on County Road 6 and an
eastbound right deceleration lane on County Road 6 at the facility access,
in accordance with the Road Improvements Agreement.
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.
7. Prior to the issuance of the Certificate of Occupancy:
A. An on -site wastewater treatment system is required for the proposed facility
and shall be installed according to the Weld County On -site Wastewater
Treatment System Regulations. The septic system is required to be
designed by a Colorado Registered Professional Engineer according to the
Weld County On -site Wastewater Treatment System Regulations.
2017-0557
PL2460
SPECIAL REVIEW PERMIT (USR16-0041) - 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.
PAGE 10
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.
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 2nd day of August, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dit,f46)��
Weld County Clerk to the Board
BY:
APP
_'County Attorney
Date of signature: R (Co ( ( ?
JACozad, Chair
rbara Kirkmeyer
Steve Moreno, Pro-Tem
2017-0557
PL2460
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
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
1. The Site Specific Development Plan and Use by Special Review Permit, USR16-0041, is
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, subject to the
Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The hours of operation for the office are 8:00 a.m. to 5:00 p.m., Monday through Saturday,
as stated by the applicant.
4. The hours of operation for the Quality Control Lab are 6:00 a.m. to 4:00 p.m., Monday
through Friday, as stated by the applicant.
5. The hours of operation for the Maintenance Shop are 6:00 a.m. to 11:30 p.m., Monday
through Sunday, as necessary, as stated by the applicant.
6. The hours of operation for the asphalt plant and recycling operation are 6:00 a.m. to
4:00 p.m., Monday through Saturday, as stated by the applicant. (SEE 6.A.4 OF MM Reso
re: emergency contracts and night paving)
7. The number of on -site employees shall be no more than seventy (70).
8. The parking area on the site shall be maintained.
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.
10. The landscaping/screening on the site shall be maintained.
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.
2017-0557
PL2460
DEVELOPMENT STANDARDS (USR16-0041) - BRAMMING FAMILY TRUST AND JOHN G.
BRAMMING TRUST II, CIO MARY ALICE BRAMMING, TRUSTEE, C/O HUNT BROTHERS
PROPERTIES, INC./ ASPHALT SPECIALTIES CO., INC.
PAGE 2
12. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 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.
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, Section 30-20-100.5, C.R.S.
14. Waste materials shall be handled, stored, and disposed of 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 I, of the Weld
County Code.
15. Odors detected off -site shall not exceed the level of seven -to -one dilution threshold, as
measured pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations. The
facility shall be operated in a manner so as not create a public nuisance (MM DS #30).
16. 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.
17. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit Application and obtain a permit from the Colorado Department of Public Health and
Environment, Air Pollution Control Division, as applicable.
18. This facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone, as delineated in Section 14-9-30 of the Weld County Code, as
measured at the property line of the adjacent residential lots. In all other locations, the
facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial
Zone District, as delineated in Section 14-9-30 of the Weld County Code. (Replace with
DS #24 from MM Reso)
19. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the
applicable provisions of 40 CFR, Part 112, shall be available on the site.
20. 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.
21. 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.
2017-0557
PL2460
DEVELOPMENT STANDARDS (USR16-0041) - BRAMMING FAMILY TRUST AND JOHN G.
BRAMMING TRUST II, CIO MARY ALICE BRAMMING, TRUSTEE, C/O HUNT BROTHERS
PROPERTIES, INC./ ASPHALT SPECIALTIES CO., INC.
PAGE 3
22. 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.
23. 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.
24. 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.
25. 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 (WQCD)
Regulations.
26. For employees that are on -site for less than two (2) consecutive hours a day, or ten (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.
27. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
28. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Onsite Waste Water Treatment Systems.
29. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
30. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
31. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
32. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
33. The historical flow patterns and runoff amounts on the site will be maintained.
34. Weld County is not responsible for the maintenance of on -site drainage related features.
2017-0557
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DEVELOPMENT STANDARDS (USR16-0041) - BRAMMING FAMILY TRUST AND JOHN G.
BRAMMING TRUST II, CIO MARY ALICE BRAMMING, TRUSTEE, C/O HUNT BROTHERS
PROPERTIES, INC./ ASPHALT SPECIALTIES CO., INC.
PAGE 4
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.
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.
37. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
38. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
39. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards, as shown or stated, shall require the
approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
40. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development
Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
41. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and person moving into these areas must
recognize the various impacts associated with this development. Often times, mineral
2017-0557
PL2460
DEVELOPMENT STANDARDS (USR16-0041) - BRAMMING FAMILY TRUST AND JOHN G.
BRAMMING TRUST II, CIO MARY ALICE BRAMMING, TRUSTEE, C/O HUNT BROTHERS
PROPERTIES, INC./ ASPHALT SPECIALTIES CO., INC.
PAGE 5
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. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
2017-0557
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