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HomeMy WebLinkAbout20170305.tiffUSE BY SPECIAL REVIEW (USR) APPLICATION DEPARTMENT OF PLANNING SERVICES * 1555 N. 17TH AVENUE * GREELEY, CO 80631 www.weldgov.com * 970-353-6100 EXT 3540 * FAX 970-304-6498 FOR PLANNING DEPARTMENT USE: AMOUNT $ APPLICATION RECEIVED BY DATE RECEIVED: CASE # ASSIGNED: _ PLANNER ASSIGNED: Parcel Number*: 1 3 1 3. 0 9. 1 _ 0 0. 0 8 1 Address of site: 2702 State Hwy 119 Legal Description: Zone District: Ag Part of the N 1/2 of the NE 1/4 (*A 12 digit number on Tax I.D. information, obtainable at w w w .w eldaov.com). Section: 9 Township: 2 N Range: 68 W Acreage: 6.3 Floodplain:OYON Geological Hazard:OYON Airport Overlay:OYON FEE OWNERJS) OF THE PROPERTY: Name: Attn: Julie Mikulas Company: Phone #: Martin Marietta Materials, Inc. 970-227-4041 Street Address: 1800 N Taft Hill Road Email: julie.mikulasl martinmarietta.com City/State/Zip Code: Fort Collins, CO 80521 Name: Company: Phone #: Street Address: _ City/State/Zip Code: Name: Company' Email: Phone #: Street Address: City/State/Zp Code: Email: APPLICANT OR AUTHORIZED AGENT: (See below: Authorization must accorrpanyall applications signed byAuthorized Agents) Name: _ Company: Phone #: Email: Street Address: City/State/Zp Code: PROPOSED USE: Ready Mix Concrete Batch Plant (Extsftl1- rq Ues+try ur - k 2.2 -from t' Lu.+t 't [en ilt tiutrto5 paelde,C I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property mustsign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the applicti . If a corporation is the fee owner, notarized evidence must be included indicating that the signatory has to legal aulhbri to si or t orporation/ /‘-`.-‘17`-'''';';‘' Ty�c��'� Signature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date Patrick H. Walker, Rocky Mtn Div President Print Name Print Name Rev 4/2016 Martin Mart -Lc October 25, 2016 Weld County Board of County Commissioners P.O. Box 758 Greeley, CO 80632 RE: Del Camino Concrete Ready Mix Plant, USR #1360 Dear County Commissioners: Julie Mikulas Land Manager This application request is being submitted after meeting with Kim Ogle for a pre -application meeting in regards to Development Standard #22 placed on our Del Camino Ready Mix Plant for USR 1360, approved April 24, 2002. 22. Use by Special Review Permit #1360 will be considered invalid fifteen (15) years from the date of the Board of County Commissioners resolut€on. Should the owners of the Batch Plant wkh to continue operating, they must be approved for a Planned Unit Development, Based on this standard we must be approved for a Planned Unit Development prior to April 24, 2017, We met to discuss what needed to be done to ensure we have the ability to run this plant after 2017. Staff recommended that we submit this letter to you requesting removal of Development Standard #22 from the resolution and file an application for an amendment to a USR rather than proceeding with an application for a one lot Planned Unit Development (PUD) and an amendment to the current 1-25 RUA Structural Land Use Map. Martin Marietta is not making any changes to their operations from what was approved in 2002. This site is in the I-25 RUA and the area on which the current facility is located is designated as Community Park and within the Limited Site Factors area, including the designation for a floodplain. The plant was initial constructed and permitted at a time when there was a lot of sand and gravel mining taking place on the adjacent properties by Martin Marietta's predecessors and competitors. At that time there were no plans for development in the area. In recent years, the property to the west has been annexed into the Town of Frederick and is zoned as a Commercial District for auto oriented or auto dependent uses for the highway users. Last month the property directly to the south was annexed by the Town of Frederick and zoned Business/Light Industrial. Also on the south is a property zoned for a future Frederick/Firestone Fire Protection District Station. As you can see, there is significant development planned in the vicinity of County Road 7 and Highway 119 that will not be community park oriented. Rocky Mountain Division — Northern Office 1800 N Taft Hill Road, Fort Collins, CO 80534 ju lie,mikulas@martinmarietta.com www.martinmarietta.com Weld County Board of County Commissioners October 5, 2016 Page 2 Attached is the application for an amendment to the USR. Please note that no significant changes were made to what is already approved and only contains updated information per new regulation requirements. Thank you for taking the time to review the attached and we look forward to discussing this site at a future hearing. Sincerely, . IF Julie Mikulas Land Manager RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT #1360 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING A CONCRETE BATCH PLANT IN THE A (AGRICULTURAL) ZONE DISTRICT - WESTERN MOBILE, 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 17th day of April, 2002, at the hour of 10:00 a.m, in the Chambers of the Board for the purpose of hearing the application of Western Mobile, Inc., 1400 West 64th Avenue, Denver, Colorado 80221, for a Site Specific Development Plan and Use by Special Review Permit #1360 for a Mineral Resource Development Facility, Including a Concrete Batch Plant in the A (Agricultural) Zone District on the following described real estate, to -wit: Part of the E1/2 of the NE1/4 of the NE1/4 of Section 9, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was represented by Michael Hart, Hart Environmental, at said hearing, and 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 recommendations 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 23-2-230.8 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 ordinances in effect. Section 22-5-80.B.1 (CM.Goal 2) states, "Promote the reasonable and orderly development of mineral resources." 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.4 of the Weld County Code provides for concrete batch plants as a Use by Special Review in the A (Agricultural) Zone District, 2002-0667 PL 1594 SPECIAL REVIEW PERMIT #1360 - WESTERN MOBILE, 1NC. PAGE 2 c. Section 23-2-230.B.3 --- The uses which will be permitted will be compatible with the existing surrounding land uses. Western Mobile has an existing gravel mine operation to the west and north of the site permitted by Amended Use by Special Review Permit #1199. Property to the east has not been developed. To the south is an existing home. Northeast of the site are two commercial businesses. Approval of this use will not jeopardize the health, safety and welfare of the surrounding property owners. 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 subject parcel is located within the three-mile referral area of the City of Longmont and the Towns of Firestone and Frederick. The Town of Frederick and the City of Longmont indicated no conflicts with their interests. The Town of Firestone did not respond to the referral request. e. Section 23-2-230,B.5 — The application complies with Section 23-5-230 of the Weld County Code. The entire site is located within the Flood Hazard Overlay District area as shown on FEMA Panel Map #080266 0850O. The Conditions of Approval and Development Standards address the issue of the floodplain. Section 22-5-d0.E.2.cf, (CM.Policy 5.4) of the Comprehensive Plan states, 'the operation will comply with County flood hazard regulations," Approval of a Flood Hazard Development Permit Is required prior to construction on the site. Effective December 1, 1999, Building Permits issued on the Lot will be required to adhere to the fee structure of the Southwest Weld Road Impact Program Area 1. f. Section 23-2-230.B.6 — The applicant has demonstrated a diligent effort to conserve prime agricultural land in the focational decision for the proposed use. The parcel is designated as "Irrigated Land (Nat Prime)," 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. NOW, Weld County, Development Development 9. Section 23-2-230,8.7 — The Design Standards (Section 23-2-244, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards ensure that there are adequate provisions for protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Colorado, that the application of Western Mobile, Inc. for a Site Specific Plan and Use by Special Review Permit #1360 for a Mineral Resource Facility, including a Concrete Batch Plant in the A (Agricultural) Zone District on 2002-0667 PL1594 SPECIAL REVIEW PERMIT #1360 - WESTERN MOBILE, INC. PAGE 3 the parcel of land described above be, and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Use by Special Review Permit shall be adopted and placed on the Use by Special Review Plat prior to recording, The completed plat shall be delivered to the Weld County Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 60 days of approval by the Board of County Commissioners, 2. Prior to recording the plat: A. The plat shall be amended to delineate the following: 1) Weld County Road 7 is designated on the I-25 Mixed Use Development Area Structural Plan as an arterial, four -lane road with a painted medium with secondary road, which requires 100 feet of right-of-way at full build out, There is presently 60 feet of right-of-way, A total of 30 feet from the centerline of Weld County Road 7 shall be delineated on the plat as right-of-way. An additional 20 feet shall be delineated as right-of-way reservation for future expansion of Weld County Road 7, 2) The applicant indicated that the storm water drainage will be contained on site. The plant wilt be sloped from the east to the west to drain into the storage reservoir on the west side of the site. Any discharge points shall be indicated on the plat. 3) The plat shall indicate one access from Weld County Road 7. Evidence that the Weld County Department of PubIle Works has approved the access location shall be submitted to the Department of Planning Services. 4) Any sign located on the site shall meet the requirements of Section 26-2-90 and Article IV, Division 2, of the Weld County Code and be indicated on the plat. B. The applicant shall submit an entrance analysis and recommendations for turning lanes at the access to Weld County Road 7. Evidence of Weld County Department of Public Works approval shall be submitted to the Department of Planning Services, C. The applicant shall enter into a new Long -Term Maintenance and Improvements Agreement with the Weld County Department of Public Works, The Agreement shall cover the following issues: 1) The designated haul route. 2002-0667 PL1594 SPECIAL REVIEW PERMIT#1360 - WESTERN MOBILE, INC. PAGE 4 2) Improvements for the acceferation/deceleration or left turn slot at the entrance, if warranted. 3) The applicant will finance the full cost of signalising the intersection of Weld County Road 7 and State Highway 119 and that further, the applicant shall be reimbursed for the cost over a period of time to be agreed upon, less $100,000. 4) if the signalization referred to in Condition of #2.C.3 does not occur, the construction of a 550 -foot acceleration lane with a 160 - fool taper (13:5:1 taper ratio) west of the State Highway 119M/eld County Road 7 intersection to facilitate the northbound left -turn movement, appropriate for heavy vehicles leaving the site. 5) The extension of the existing 150 -foot acceleration lane east of the intersection to 550 feet with a 160 -foot taper (13:5:1 taper radius) 1O facilitate the northbound rigrtt turn movement. D In the event that the proposed maintenance/garage facility is equipped with a floor drain system, the applicant must apply for an Underground Injection Control (LIIC) Class V Injection Well permit through the Environmental Protection Agency (EPA), or provide evidence that the applicant is not subject to the EPA Class V requirements. Evidence of Weld County Department of Public Health and Environment approval shall be submitted to the Department of Planning Services. E. Submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application to the Air Pollution Control Division of the Colorado Department of Health and Environment for emissions of criteria, and hazardous or odorous air pollutants, Evidence of Weld County Department of Public Health and Environment approval shall be submitted to the Department of Planning Services. F. The applicant shall submit a Dust Abatement Plan to the Environmental Health Services Division of the Weld County Department of Public Health and Environment, for approval prior to operation. Evidence that the Weld County Department of Public Health and Environment has received the Dust Abatement Plan shall be submitted to the Department of Planning Services. G. If applicable, a Colorado Permit Discharge System (CPDS) shall be obtained from the Water Quality Control Division of the Colorado Department of Public Health and Environment for any proposed discharge into State Waterways. Evidence that the applicant has met this requirement to the satisfaction of the Weld County Department of Public Health and Environment shall be submitted to the Department of Planning Services. 2002-0667 PL1594 SPECIAL REVIEW PERMIT #1360 - WESTERN MOBILE, INC. PAGE 5 H. The apprcant shall provide evidence that any vehicle washing area will be designed and constructed to capture all effluent and prevent any discharges from drum washing and the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control Commission and the Environmental Protection Agency. Evidence of Weld County Department of Public Health and Environment approval shall be submitted to the Department of Planning Services, The applicant shall submit a Waste Handling Plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. Evidence of Department of Public Health and Environment approval shall be submitted to the Department of Planning Services. The plan shall include, at a minimum, the following: 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. 3) The waste handler and facility where the waste will he disposed (including the facility name, address, and phone number). J. The applicant shall obtain a Flood Hazard Development Permit for structures within the 100 Year Flood Plain. K. The applicant shall attempt to address the requirements and concerns of the Mountain View Fire Protection District, as stated in the referral response dated October 10, 2001. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. L. The applicant shall receive approval from the Weld County Department of Planning Services to remove the proposed site from the boundary of Amended Use by Special Review Permit #11199, in accordance with Section 23-2-200,0 of the Weld County Code. M. The applicant shall submit, for approval, a revised Landscape Plan. The revised plan shall include berming and tree varieties that will more adequately screen the adjacent properties and road rights -of -way. 3. Prior to construction: A. Building permits shall be obtained from the Weld County Department of Building Inspection. 4. Prior to operation: A. The off-street parking spaces for trucks and equipment shall be surfaced with gravel, asphalt, concrete, or equivalent and shall be graded and 2002-0667 PL1594 SPECIAL REVIEW PERMIT #1360 - WESTERN MOBILE, INC. PAGE 6 drained to prevent drainage problems. The approach road and circulation pattern shall be asphalt or concrete_ 5. 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of April, A.D., 2002, BOARD OF COUNTY COMMISSIONERS ATTEST: kJ) Weld County Clerk to th BY: Deputy Clerk to the 1 D AS TO F arty At ney '.S Date of signature: 7 WELD COUNTY, C++LO' { +O M, J. C.eil 1'fli H. Jerke (1 . R bent D. Masden 2002-0667 PL1594 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS WESTERN MOBILE, INC. USR #1360 1. The Site Specific Development Plan and Use by Special Review Permit #1360 is for a Mineral Resource Development Facility, including a Concrete Batch Plant in the A (Agricultural) Zone District, as indicated in the application materials on file and subject to the Development Standards stated herein. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. The facility shall operate in accordance with the approved Dust Abatement 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. 4. 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. 5. 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. 6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 7. Fugitive dust shall be controlled on this site. 6. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone District as delineated in Section 25-12-103, C.R.S. 9. The facility shall utilize the existing municipal sewage treatment system (St. Vrain Sanitation District). 10. The applicant shall remove, handle, and stockpile overburden, soil, sand, and gravel from the facility area in a manner that will prevent nuisance conditions. 11. The facility shall utilize the existing public water supply (Left Hand Water District). 12. If applicable, the applicant shall obtain a Storm Water Discharge Permit from the Colorado Department of Public Health and Environment, Water Quality Control Division. 13. The operation shall comply with all applicable rules and regulations of the Colorado Division of Minerals and Geology, 14. Adequate hand washing and toilet facilities shall be provided for employees. 2002-0667 PL1594 DEVELOPMENT STANDARDS - WESTERN MOBILE, INC. (USR #1360) PAGE 2 15. The operation shall comply with the Occupational Safety and Health Act (OSHA). 16, 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, end the Environmental Protection Agency. 17, Effective December 1. 1999, Building Permits issued on the Lot will be required to adhere to the fee structure of the Southwest Weld Road Impact Program Area 1. 18. The landscaping on site shall be maintained in accordance with the approved Landscape Plan. 19. A plan review through the Weld County Department of Building Inspection will be required for each building. Two complete sets of plans are required when applying for the building permit. 20. Buildings shall conform to the requirements of the 1997 UBC, 1998 1MC, 1997 IPC, 1999 NEC, and Chapter 29 of the Weld County Code. 21. Each building will require an engineered foundation based on a site -specific geotechnicai report or an open -hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. 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. 23, The applicant snail 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 Stales which may include streams, open water fakes, ponds or wetlands takes place at this location. 24. 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. 25. Variance from the hours of operation may be granted by the Weld County Board of County Commissioners, 26, 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. 27. The site shall be maintained in such a manner so as to prevent soil erosion, fugitive dust, and the growth of noxious weeds. The site shall be maintained in such a manner as to present a neat and well -kept appearance. 2002-0667 PL1594 DEVELOPMENT STANDARDS - WESTERN MOBILE, INC. (USR #1360) PAGE 3 28, Trees and ground cover along public road frontage and drainage ways shall be planted and maintained in order to protect against and/or reduce noise, dust, and erosion. 29. Weeds and any other unsightly or noxious weeds shall be cut or trimmed as may be necessary to preserve a reasonably neat appearance and to prevent seeding on adjacent property. 30. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 31. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 32. Personnel from the Weld County Departments of Public Health and Environment, Planning Services, and Public Works shall be granted access onte the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. 33. 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. Substenlial 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. 34. 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, 2002-0667 PL1594 855 RESOLUTION RE: APPROVE PARTIAL VACATION OF USE BY SPECIAL REVIEW PERMIT #1360 - LAFARGE WEST, 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, by Resolution dated April 24, 2002, the Board did approve the request of Western Mobile, Inc., for Use by Special Review Permit #1360, for a Mineral Resource Development Facility, including a Concrete Batch Plant in the A (Agricultural) Zone District, on the following described real estate, to -wit: Part of the E1/2 of the NE1/4 of the NE1/4 of Section 9, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board has received a request from the current property owner, Lafarge West, Inc., 10170 Church Ranch Way, Suite 200, Westminster, Colorado 80021, do Lauren Light, Tetra Tech, Inc., 1900 South Sunset Street, Suite I -F, Longmont, Colorado 80501, to vacate a portion of said Use by Special Review Permit #1360, 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 recommendations of the Department of Planning Services staff and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to approve said partial vacation, conditional upon the following: 1. Pursuant to Section 23-2-200.G.5 of the Weld County Code, the applicant shall submit a revised Partial Vacation Use by Special Review Plat, conforming to Section 23-2-260.D of the Weld County Code. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Use by Special Review Permit #1360 be, and hereby is, partially vacated, with the abovementioned condition. 111111111111II IIIIIII]IIIII1liiIIIIIIIIIIIIIIIIII Ill! 35168555 1110W2r1[7 03:1W Weil County. CO 1 of 2 R 0.00 U 0,0D Steve Moreno Clerk d Recorder 2007-3149 PL1594 06' P1, PGA AP`T% // -/41-6 7 PARTIAL VACATION OF USE BY SPECIAL REVIEW PERMIT (USR #1360) - LAFARGE WEST, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of October, A.D., 2007. ATTEST: .4.47 Weld County Clerk to the BY \ A DeJ1v CleW't to the Boa -CA v a/7 nty Attorney RM: Date of signature: ibigt/07 I111I1 IIIII 111111 fill 11111111111 IIIII Milli 3515855 11/0E42007 03:11P Wetd County CO 2 01 2 E} 0.00 U 0.00 Steve Moreno Clerk & Recorder BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO XCUSED avid E. Long, Chair 44�'Ar� Wi14 fry H. Jet Pro -Tern Ar ham F. Garcia Robert D. Masden Dougia Rademac 2007-3149 PL1594 Exhibit B Pre -application meeting minutes MEMORANDUM TO: PRE16-0177; Case File, pre -application DATE: September 8, 2016 FROM: Michelle Wall, Planning Technician SUBJECT: Pre -Application Meeting prior to submitting Major Amendment to USR 1360 Attendees: Julie Mikulas, Martin Marietta Materials Inc., Applicant James Sham, Martin Marietta Materials Inc., Applicant Kim Ogle, Planning Hayley Brown, Engineering Michelle Wall, Planning On Thursday, September 8, 2016 an informal discussion took place at the Greeley Administrative Offices Conference Room regarding a proposed Major Amendment to USR 1360. (The legal description is Lot A RE - 4659, being part of the N2 NE4 Section 9, T2N, R68W of the 6th P.M.; Situs Address is 1702 State Highway 119.) Background Information: USR-1360 included Development Standard #22 that stated: 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. Based on this standard, the applicant needs to know how they need to proceed. They do not plan on making any changes to their facility. Batch Plant hours of operation are 5:00 a.m. - 7:00 p.m. Building Department Staff was unavailable; however please contact Jose Gonzalez at 970-400-3540 for further direction. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently the following has been adopted by Weld County: 2012 International Codes; 2006 International Energy Code; 2014 National Electrical Code; A building permit application must be completed and two 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 or an open -hole inspection report performed by a registered State of Colorado engineer may be required for new structures and or additions. Pre -Manufactured non-residential structures may be required to comply with state Resolution 35. A complete code analysis prepared by a registered design professional may be required, and shall be submitted with Commercial Permit Applications to Weld County. A Fire District Notification letter may be required and shall be submitted with Commercial Permit applications. Building Staff recommends a pre -submittal meeting with Building Department to verify all requirements are present. Current Plan Review time is 20-25 working days. Incomplete applications may delay plan review timelines. All building permit requirements can be found on the Weld County web -site: htti).11www.co_wld.co usiDeportinents/BuildingDeportmenOurldinoPermitsiCommerciathtml. Health Department Staff was unavailable; however please contact Lauren Light at 970-400-2211 for further direction. Waste handling: Waste materials shall be handled, stored, and disposed in a manner that controls blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. Please answer the following if applicable; indicate if there will be washing of vehicles or equipment, fuel storage, maintenance of vehicles or equipment, floor drains in shop, air emissions permit. Onsite dust: 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. Sewage disposal information: Include in application how sewage disposal will be accommodated. If using a septic system provide a copy of the septic permit. Either utilize the County website htlp:llwww.co.weld.co.uslDepartrents/Assessorll ropertylnformatlonPortal.html or call (970-304-6415) or stop by EH front counter and request a copy. Potable water information: Include in application how potable water will be provided. Provide a will serve letter or water bill from the water district or provide a copy of well permit. Portable toilets and Bottled water can be used for employees and customers per policy below: TO DEFINE WHEN PORTABLE TOILETS AND COMMERCIALLY BOTTLED WATER ARE ALLOWED Purpose: To define when portable toilets and commercially bottled water are allowed. Policy: Bottled water from a commercial source is allowed in the following circumstances: 1. Temporary or seasonal uses that are utilized 6 months or less per year (for example recreational facilities, firework stands, farmers markets ) 2. Gravel mines 3. 10 or less customers or visitors per day And/or one of the following: 4. 2 or less full time (40 hour week) employees located on site 5. 4 or less part time (20 hour week) employees located on site 6. Employees or contractors that are on site for less than 2 consecutive hours a day Policy: portable toilets are allowed in the following circumstances: 1. Temporary or seasonal uses that are utilized 6 months or less per year (for example recreational facilities, firework stands, farmers markets ) 2. Gravel mines 3. 10 or less customers or visitors per day And/or one of the following: 4. 2 or less full time (40 hour week) employees located on site 5. 4 or less part time (20 hour week) employees located on site 6. Employees or contractors that are on site for less than 2 consecutive hours a day Public Works Staff comments provided as a courtesy to the applicant. While we strive to help identify as many potential issues upfront during the pre -application meeting we cannot anticipate every issue that may come up during the formal application process. ADT: No Current ADT Information Available. ROADS AND RIGHT OF WAY: CR 7 is owned and maintained by the Town of Frederick. The municipality has jurisdiction over all accesses within their jurisdiction. Please contact municipality to verify the access permit or for any additional requirement that may be needed to obtain or upgrade the permit. SITE MAP REQUIREMENTS: A Site Plan will be required identifying the following (if applicable): o Show and label location of existing road Right -of -Way, future road Right -of -Way, and Easements o Show and label the unmaintained section line Right -of -Way o Show and label location of the access(es) and label with access permit number o Show and label the access turning radii (25 feet for passenger vehicles/60 feet for trucks) o Show and label the approved tracking control CONTACT INFORMATION: Please contact the following staff regarding the following Public Works issues: Access Permits: Morgan Gabbert mcaikert(u co.weid_co.us 970-400-3778 Improvements Agreements: Evan Pinkham epinkham cr,co.weld.00.us 970-400-3727 Traffic Studies: Janet Lundquist jlunclquistaca.welcl.co,us 970-400-3726 Right -of -Way: Tiffane Johnson tviohnsonP.veldqov.co.us weldgov.co.us 970-400-3766 Engineering Department DRAINAGE REQUIREMENTS: Weld County has recently adopted a new stormwater drainage code located under Chapter 23, Article 12 Storm Drainage Criteria. A list of professional engineering consultants is available if you need help finding an engineer to assist you with your project at the following link Eittp:llwww.ca.weld.co.uslDepartnentslf Iaminaf oni ig/Eringineernci.htmI, Please contact the Department of Planning Services/Development Review Engineering for questions or assistance 970-353-6100. URBANIZING VS NON -URBANIZING DRAINAGE AREA: This area IS within an Urbanizing Drainage Area: Require detention of runoff from the 1 -hour, 100 -year, storm falling on the developed site and release of the detained water at the historic runoff rate of the 1 -hour, 5 -year storm falling on the undeveloped site for URBANIZING areas. Detention pond summarized in a drainage report is required unless the project falls under an exception to stormwater detention requirements per code section 23-12-30 F.1. To avoid holding up case processing, a minimum of either a preliminary drainage report or a drainage narrative with exception as shown below must be submitted with 7 -day case submittal information. 1. Detention pond requirements: A drainage report and detention pond design shall be completed by a Colorado Licensed Professional Engineer and adhere to the drainage related sections of the Weld County Code. The drainage report must include a certification of compliance stamped and signed by the PE which can be found on the engineering website. A general drainage report guidance checklist is available on the engineering website. A preliminary drainage report or a qualifying exception and drainage narrative shown below must be submitted for review at the time of application. or 2. Drainage narrative requirements with exception from detention pond. The drainage narrative must describe at the minimum: 1. Which exception is being applied for and include supporting documentation. 2. Where the water originates if it flows onto the property from an offsite source 3. Where it flows to as it leaves the property 4. The direction of flow across the property 5. If there have been previous drainage problems with the property DRAINAGE CODE REQUIREMENTS (informational only): Section 23-12-30. Drainage Policy, F. Exceptions. 1. EXCEPTIONS TO STORMWATER DETENTION SHALL NOT JEOPARDIZE THE PUBLIC HEALTH, SAFETY, AND WELFARE OF PUBLIC AND PRIVATE PROPERTY AND SHALL BE LIMITED TO THE FOLLOWING: a. No stormwater detention will be required for sites that meet any of the following conditions. Requirements of the Municipal Separate Storm Sewer System (MS4) areas remain applicable. 1) Use by Right or Accessory Use in the A (Agricultural) Zone District. 2) Zoning Permits in the A (Agricultural) Zone District. 3) A second dwelling permit in the A (Agricultural) Zone District. 4) Towers including, but not limited to, cell, wind, and telecommunication towers. 5) Pipelines or transmission lines. 6) Gravel pits if the stormwater drains into the gravel pit. 7) Residential developments where all the following conditions exist: A) Nine (9) lots or fewer. B) The average lot size is equal to, or greater than, three (3) acres per lot. C) Downstream roadway criteria are not exceeded. D) The total post -development imperviousness for the rural residential development does not exceed ten percent (10%), assuming that all internal roads and driveways are paved, or will eventually be paved. 8) Development of sites where the change of use does not increase the imperviousness of the site. 9) URBANIZING areas where the total project stormwater runoff of less than, or equal to, 5 cubic feet per second (cfs) for the 1 -hour, 100 -year, storm event. 10) NON -URBANIZING areas where the total project stormwater runoff of less than, or equal to, 10 cfs for the 1 -hour, 100 -year, storm event. 11) Parcels with total area less than, or equal to, a 1.0 gross acre. 12) Individual parcel with an unobstructed flow path and no other parcel(s) between the Federal Emergency Management Administration (FEMA) regulatory floodplain channel and the project. 13) A parcel greater than 1 gross acre and less than, or equal to, 5 gross acres in size is allowed a onetime exception for a new 1,000 sq ft building or equivalent imperviousness. 14) A parcel greater than 5 gross acres in size is allowed a onetime exception for a new 2,000 sq ft building or equivalent imperviousness. 15) Approved by a variance. See Section 23-12-150. Stormwater Drainage Criteria Variances. OR Existing Drainage Report and Detention Pond: Please submit a drainage narrative stamped and signed by a Colorado Licensed Professional Engineer indicating the existing detention pond can handle the increased imperviousness or update the Drainage Report and drainage design to accommodate the increase in imperviousness. Historic Flows: The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from the property. MS4 AREA: This site is located in a Municipal Separate Storm Sewer System (MS4) Area which may trigger specific water quality requirements or other drainage improvements. In addition to compliance with applicable Weld County regulations, property owner is required to be compliant with any additional MS4 requirements. Questions pertaining to the MS4 requirements should be directed to the Public Works Department 970-304- 6496. GRADING PERMIT: A Weld County Grading Permit will be required if disturbing more than 1 acre. Grading Permit applications are accepted after the planning process is complete (map recorded). An Early Release Request Form may be entertained only after the applicant and Planning Department have reviewed the referral and surrounding property owner comments. The Early Release Request may or may not be granted depending on referral comments and surrounding property owner concerns. Contact an Engineering representative from the Planning Department for more information. Application Fees: 1-5 Acres/ $50, 5.1 - 20 Acres/$100, 20.1 Acres or Greater/$200 + $1 per acre over 20. A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact: Colorado Department of Public Health and Environment, Water Quality Control Division, Rik Gay, 303-692- 3575. GEOLOGIC HAZARD AREA: This site IS NOT in a Geologic Hazard Area. FLOODPLAIN: This site IS in a FEMA regulatory floodplain. A flood hazard development permit is required for any development in the floodplain. Contact the floodplain planner Diana Aungst at 970-353-6100. If the site requires a detention pond and the detention pond is located in the FEMA regulatory floodplain, the drainage report will be required to indicate how the detention facility will be maintained after a flooding even. SITE MAP REQUIREMENTS: A Site Plan will be required identifying the following (if applicable): o Show and label location of drainage related features i.e. detention pond(s), ditches, etc... Detention ponds shall be labeled as "No Build/Storage Area" and include design volume o Show and label the drainage flow arrows showing how the stormwater flows across the property o Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property o Show and label the location of any floodplain boundaries (include permit number, floodplain type, map panel number and date) Planning Department Staff recommended that the applicant write a letter to the Board of County Commissioners to request removal of Development Standard #22 from the resolution and continue with a Major Amendment to a USR. The letter will be a part of the land use application. This action is in lieu of proceeding with an application for a one lot Planned Unit Development (PUD) and an amendment to the current I-25 RUA Structural Land Use Map. The site is in the 1-25 RUA and the area on which the current facility is located is designated as Community Park and within the Limited Site Factors area, including the designation for a floodplain. Additional fees may be included with the Building Permit such as Road Impact, County Facilities and Drainage fees. Please refer to the handout provided. Screening of the parking area or outdoor storage may be required from any adjacent landowners or public rights -of -way. Weld County has a Coordinated Planning Agreement (CPA) with the Towns of Firestone and Mead and the City of Longmont. The Planning Director will contact the town managers to give notice of this pre -application meeting. Staff advised the applicants to contact the towns regarding possible land use permitting including possible annexation. Please identify any proposed lighting or signs on the Site Plan. Lighting needs to be downcast and shielded. A 16sf sign is allowed in the Agricultural Zone District; however if there are potentially any additional or larger signs please include those in the application. Prior to submittal of the County land use application, please submit evidence of State permits as in the case of Mining permits. The site is located in a designated FEMA floodplain. Flood Hazard Development Permits will be required. Please show and label the floodplain boundaries and the FEMA Flood Zone and FEMA Map Panel Number on the plat. Contact the Floodplain Administrator, Diana Aungst, at 970-400-3524 to discuss your project. Staff urged the applicant to contact staff for any questions: Planner on Call available Monday through Friday 7:30 a.m. to 4:30 p.m. or contact Kim Ogle at 970-400-3549 or koctle cx weldgov.corn. Staff explained the Major Amendment to a USR process. The applicant shall submit 1 packet for a 7 day completeness review. After the 7 day completeness review the applicant will be informed of what items are still required to make the application complete. Staff requested that the applicant submit the remaining material in electronic form. Upon submittal of a completed application it will be sent out for referral for 28 days. The applicant will then meet with their Planner to discuss the referrals and address as many of the referrals as possible. At that meeting the Planning Commission hearing will be scheduled. The Board of County Commissioners hearing typically follows approximately 3 weeks after the Planning Commission hearing. The above notes are provided as a courtesy to the applicant. While we strive to help identify as many potential issues upfront during the pre application meeting we cannot anticipate every issue that may come up during the formal application process. The information contained herein has been placed on file with the Department of Planning Services. The pre -application is valid for a period of one (1) year from the date of pre - application, If a formal application is not received following the time period specified herein the Planning Department reserves the right to require a new pre -application meeting. Please note that eland use, building and impact fees are subject to change throughout this time period. End memorandum. STATEMENT OF AUTHORITY 1. This Statement of Authority relates to an entity' named MARTIN MARIETTA MATERIALS, INC., and is executed on behalf of the entity pursuant to the provisions of Section 3S- 30-172. C.R.S. 2, The type of entity is a: fg corporation �] nonprofit corporation limited liability company Ij general partnership Li limited partnership Li other: J registered limited liability partnership registered limited liability limited partnership E limited partnership association Pi government or governmental subdivision or agency trust (Section 38-30-108.5, C.R.S.) 3 The entity is formed under the laws of: the State of North Carolina 4. The mailing address for the entity is: 2710 Wycliff Road. Raleigh. North Carolina 27607 5. Ilk: [mine posiliwl eat +~aLrh IN:rsUI] authorized Ti) c\t:ctJle instrutt3e iliA Lilnve4 I1;tr. ,:11c.11 beli 110,', O7 uiilt:rwl c at#1~cliii tillc to rc,tI propvi-n on bchaif [Fic el];t[w is t'atricli H. 'Walker. Division President 6! The authority of the foregoing person(s) to bind the entity is al not limited ❑ limited as follows: 7. Other matters concerning the manner in which the entity deals with interests in real property: Executed this 7th day of March, 2016. t tl r sl (Type or Priell \anlr 4}LIr,1, I M Guy Brock% III, Assistant 5ecrelan', Martin Marietta Materials, Inc. STATE OF NORTH CAROLINA ) ) ss. County of Wake) The foregoing instrument was acknowledged before me this 7m day of March. 2016, hyr ` ko eNcc, L. \c. ,r Witness my hand and official seal. My commission expires: Gf t � / Notary Public l liiti tin In tine+tllcf lira IsL I,i.L1 unless the •'I[iil'• r: �,:h,Ftl i. L ! hul�3let li[Iti [r I property, I Itie klhsetiCo U1 :Iu. tiinil 7lilril shall be priFlid ;aw¢>.• W+ id�I:�C i Il,il no giLl, I Ifal[aiion exists, d1.[crnciii 111 :Stl]i1EYrJ11 Jlle:st be recor,l"i :0 'Nom No. 1112. Rev. 8-01. STATEMENT OF AUTHORITY Document must be filed electronically. Paper documents will not be accepted. Document processing fee Fees & forms/cover sheets are subject to change. To access other information or to print copies of filed documents, visit www.sos.state.co.us and select Business. -Filed' Colorado Secretary of State Date and Time: 10/27/2011 04:32 PM ID Number: 20111601288 $1.00 Document number: 20111601288 Amount Paid: $1.00 ABOVE SPACE FOR OFFICE USE ONLY Statement of Foreign Entity Authority filed pursuant to § 7-90-803 of the Colorado Revised Statutes (C.R.S.) 1. The entity ID number, the entity name, and the true name, if different, are Entity ID number Entity name True name (if different from the entity name) 20111601288 (Colorado Secreraty of State ID number) Martin Marietta Materials, Inc. 2. The form of entity and the jurisdiction under the law of which the entity is formed are Form of entity Jurisdiction Foreign Corporation North Carolina 3. The principal office address of the entity's principal office is 2710 Wycliff Road Street address Mailing address (leave blank if same as street address) (Street number and name) Raleigh (city) (Province - if applicable) NC 27607 Urlliep States (Z1P/Postal Code) (Country) (Steel number and name or Post Office Box information) (City) (Province - if applicable) (State) (TIP/Postal Code) (Country) 4. The registered agent name and registered agent address of the entity's registered agent are Name (if an individual) (Last) OR (First) (if an entity) The Corporation Company (Caution: Do not provide both an individual and an entity name.) (Middle) (Suffix) AUTHORITY Page I of 3 Rev. 9/1/2011 Del Camino Ready Mix Use by Special Review Questionnaire 10/25/16 PLANNING 1. Explain, in detail, the proposed use of the property. In 2002, this parcel was permitted along with the parcel to the west for a mineral resource development facility and a concrete batch plant under USR 1360. Part of this process included relocating the concrete batch plant location from the north side of Hwy 119 (Hamm Pit under USR 1199) to the south side where it sits today. Our predecessor also shared in the cost to fund the signalization of the intersection of County Road 7 and Hwy 119 not to exceed $100,000. This plant services the ready -mix concrete market in the southwest portion of Weld County and the I-25 corridor. We are NOT requesting any changes or additions to the current USR except to request that Standard #22 be removed from the resolution. 2. Explain how this proposal is consistent with the intent of the Weld County code, Chapter 22 of the Comprehensive Plan. In the 2001 application, the following was stated and is still valid: The proposed use is consistent with the Weld County Comprehensive Plan. Chapter 22 of the Weld County Code articulates the County's policies regarding mineral resources development. In particular, CM Goal 5 states that the County's policy "provide for timely reclamation and reuse of mining sites in accordance with this Chapter and Chapters 23 and 24 of this Code." As the sand and gravel resources permitted under USR 1199 are depleted, reclsmst+ion of the Hamm/Heaton properties is under way. The goal of this reclamation work is to support a number of post -mining land uses, including: 1. Wildlife habitat 2. Water storage 3. Ready -mix concrete production The subject property is located within the Mixed Use Development (MUD) area on land designated as "limiting site factors —lowest intensity." The property lies within the 100 -year flood plain of Saint Vrain Creek. Development of the Heaton parcel avoids the Boulder and Saint Vrain Creeks` riparian corridor, as the subject property is one-half mile east of the Creek. The proposed 16.4 -acre parcel is approximately 22% of the total Heaton property (74.6 acres) and equals 4% of the land area originally permitted under USR 1199. Therefore, the proposed concrete plant can be characterized as low intensity when viewed in the context of USR 1199 and the associated post mining land uses. 3. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 23 (Zoning) and the zone district in which it is located? The 2001 application stated the following which is still valid: The subject property is zoned "A" Agricultural. The proposed use is allowed by Special Review pursuant to Sec. 23-3-40(A.X4.) of the Weld County Land Use Code. Furthermore, as previously stated, USR 1199 approved the operation of a concrete batch plant at the Hamm Pit. The purpose of this USR Application is to relocate, within the original boundary of USR 1199, a use currently approved by the Weld County Commissioners. 4. Describe what type of land uses surround the site? Explain how the proposed use is consistent and compatible with surrounding land uses. Surrounding land uses are as follows: West Reclaimed sand and gravel pit as a water storage reservoir owned by Martin Marietta North Reclaimed sand and gravel pits, fence construction business and bar East Vacant Land annexed into the Town of Frederick and is currently zoned as a Commercial District for auto oriented or auto dependent uses for highway users. South 2 residences, reclaimed sand and gravel pits, farm annexed last month into the Town of Frederick and is currently zoned Business/Light Industrial. There are very few residences in the vicinity and the majority of the area is vacant land with several properties being developed for commercial and industrial uses. 5. What are the hours and days of operation? 5:00am to 7:00pm, except in the case of public or private emergency, or to make necessary repairs to the equipment. Variance from the hours of operation may be granted by the Weld County Board of County Commissioners. 6. List the number of full time and/or part time employees proposed to work at this site. 25 full time employees are permitted by the USR. This includes the ready mix drivers that are assigned to this location which park their personal vehicles on site in the mornings and leave in a ready mix truck. Currently have 16 employees (14 drivers and 2 plant operators) assigned to this site. 7. If shift work is proposed include the number of employees per shift. No shift work proposed 8. List the number of people who will use this site. Include contractors, truck drivers, customers, volunteers, etc. We do not anticipate more than the 20 stated in the original application. We have only had quality control technicians and the plant manager visiting the site. Ready mix truck drivers are included in the full time employees above. Contractors and customers typically do not visit the plant. Orders are all done over the phone. Aggregate and cement deliveries generally pull in, dump their load and return to the site they are hauling from. 9. If this is a dairy, livestock confinement operation, kennel, etc., list the number and type of animals. Not applicable 10. Describe the type of lot surface and the square footage of each type. (e.g. asphalt, gravel, landscaping, dirt, grass, buildings) Concrete Dirt Grassed perimeter and berm Buildings 138,500 SF 27,100 SF 97,600 SF 10,800 SF 11. How many parking spaces are proposed? How many handicapped (ADA) parking spaces are proposed? 25 parking with no ADA spaces 12. Explain the existing and proposed landscaping for the site. The company planted landscaping along the north, east and south boundaries as approved in 2002 on the landscape plan. We have had a few trees die from the original planting which will need to be replanted in spring of 2017. 13. Describe the type of fence proposed for the site. Smooth wire or barbed wire fencing run along the north, east and south boundaries as depicted on the site plan approved in 2002. 14. Describe the proposed screening for all parking and outdoor storage areas. The grassed berm screens the parking and outdoor storage areas. 15. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs. Upon termination of the USR activities the concrete plant would be torn down and removed so the site can be developed for uses consistent with Weld County zoning and the new owner. 16. Who will provide fire protection to the site? Mountain View Fire Protection currently provides fire protection. 17. List all proposed on -site and off -site improvements associated with the use and a timeline of when you will have each one of the improvements completed. All improvements are completed. Plant has been operational for over 10 years. ENGINEERING 1. Describe how many roundtrips/day are expected for each vehicle type: At full capacity: Passenger Cars/Pickups 40 Tandem Trucks/Ready Mix Trucks 75 Sem i-Trucks/Trailer 45 Current production: We are running at 50% of our permitted annual volumes so the numbers above would be cut in half. 2. Describe the expected travel routes for site traffic. Traffic utilizes Weld County Road 7 and complies with the existing Road Improvement Agreement. 3. Describe the travel distribution along the routes 85% head north from County Road 7 to Highway 119 and 15% head south on County Road 7 to Highway 7 or to local developments. 4. Describe the time of day that you expect the highest traffic volumes from above. On average, our busiest times of day are usually between 5:30-9:00am and 1:00-4:00pm. 5. Describe where the access to the site is planned Vehicle traffic ingresses and egresses onto Weld County Road 7 as shown on the Special Review plat. 6. Drainage Design: Detention pond summarized in a drainage report is required unless the project falls under an exception to storm water detention requirements per code section 23-12-30 F.1 A. Does your site qualify for an exception to storm water detention? Yes, per code section 23-12-30 F.1. a.8 "No storm water detention will be required for development of sites where the change of use does not increase the imperviousness of the site." We are not requesting any site changes to what was previously approved in 2002. The original design shows storm water being contained on site. The plant site is sloped from the east to the west in order to drain the site to the existing detention pond and into the water storage reservoir on the west side of the site. B. Does your site require a storm water detention pond? Yes, it is shown on the previously recorded plat and was installed prior to operating the plant. ENVIRONMENTAL HEALTH 1. What is the drinking water source on the property? Left Hand Water District is used for drinking and toilets. Water needed for batching concrete and is pumped from the water storage reservoir west of the plant site which is owned and operated by Martin Marietta. 2. What type of sewage disposal system is on the property? Sewage disposal is provided by St Vrain Sanitation District. 3. If storage or warehousing is proposed, what type of items will be stored? Sand and gravel, cement, concrete additive mixtures 4. Describe where and how storage and/or stockpile of wastes, chemicals, and/or petroleum will occur on this site. Returned concrete will be windrowed, allowed to harden, and recycled as road base. 5. If there is fuel storage on site indicate the gallons and the secondary containment. 10,000 gallon diesel AST double walled tank 6. If there will be washing of vehicles or equipment on site indicate haw the wash water will be contained. A truck wash facility was permitted with the original application in 2002. It has several containment areas which allows the sediment to settle and be re -used with the returned concrete. The water is recycled. 7. If there will be floor drains indicate how the fluids will be contained? No floor drains 8. Indicate if there will be any air emissions. Yes there are air emissions in compliance with CDPHE air permit 03WE0615. 9. Provide a design and operation plan if applicable. Not applicable 10. Provide a nuisance management plan if applicable. Not applicable BUILDING 1. List the type, size (Square footage), and number of existing and proposed structures. Concrete plant (10797 SF) will continue to be used as previously approved in 2002 and recorded on the USR plat. 2. Explain how the existing structures will be used for this USR? Structures will continue to be used as previously approved in with the building permits and recorded on the USR plat. 3. List the proposed use(s) of each structure. No change from previously approved in 2002 and recorded on the USR plat. Exhibit J Drainage Report Per the pre -application meeting, a drainage report is not required per: Exception F.a.8) Development of sites where the change of use does not increase the imperviousness of the site. Drainage Narrative No on -site changes are being requested with this application from what was previously approved in 2002. The site has a berm on north, east and south and does not receive any offsite flows. Site is already graded to flow to the west into a small detention pond before leaving this parcel. From this parcel water flows onto another property owned by Martin Marietta referred to as the Heaton Reservoir which is a reclaimed gravel pit and SEO approved lined water storage. There have been no previous drainage problems with the exception of the 2013 flood which flooded our property as well as adjacent neighbors and blew out County Road 7 when waters in the St. Vrain River and Boulder Creek flooded the banks. Exhibit K Other Permits Available Upon Request Air Permit COR900344 Stormwater Permit 03WE0615 Spill Prevention, Control, and Countermeasure Plan FOR COMMERCIAL SITES, PLEASE COMPLETE THE FOLLOWING INFORMATION BUSINESS EMERGENCY INFORMATION: Business Name Martin Marietta Materials, Inc. Phone Address: 2702 Hwy 119 City, ST, Zip: Longmont, CO Business Owner: Martin Marietta Materials, Inc. Phone: 303-657-4489 Home Address 1590 W 12th Ave City, ST, Zip: Denver, CO 80204 List three persons in the order to be called in the event of an emergency: NAME Nate Kaspar TITLE ADDRESS PHONE Plant Manager 1590 W 12th Ave, Denver, CO 80204 343-882-9183 (cell) Patrick Reeves Production Manager 1590 W 12th Ave, Denver, CO 80204 303-810-9036 (cell) Oliver Brooks General Manager 1590 W 12th Ave, Denver, CO 80204 720-284-9979 (cell) Business Hours ' 5am-7pm Days: 7 days/week Type of Alarm None Burglar Holdup Fire Silent Audible Name and address of Alarm Company: None Location of Safe: None **'*****************************'******.*******************k***************%kx Ax..•.rn rvr.r9.x..xw•wx*...x.i svr w xx..... ..x»c. M..x.. MISCELLANEOUS INFORMATION: Number of entry/exit doors in this building: 5 Location(s): one to bate office and one on each side of the plant building Is alcohol stored in building? no Location(s): Are drugs stored in building? no Location(s): Are weapons stored in building? no Location(s): The following programs are offere 2_,Q a public service of the Weld Coun , 'qheri€f's Office Please indicate the programs of interest. Lti Physical Security Check Crime Prevention Presentation UTILITY SHUT OFF LOCATIONS: Main Electrical: electrical room below plant Gas Shut Off west side of building Exterior Water Shutoff: east side of berm Interior Water Shutoff: admix room on north wall Date of Inquiry Town Referred to. Name of Person Inquiring Property Owner Planner Legal Description Legal Parcel # Major Crossroads Type of Inquiry Notice of Inquiry Development within an Intergovernmental Agreement Urban Growth Boundary �i���r1G ►-a`� LrVM t X- : LAS ! . �M GS orb -#a [-G'T' / ,t -FT til l N —4 2 ` 14- c 1 AT if.f� t 4 -Mc HP 9- +' f .1r' a { [` } 1OT , The above person inquired about developing a parcel of land inside your designated Intergovernmental Agreement Urban Growth Boundary. This person has been referred to your community by Weld County Planning to discuss development options on this site. Weld County Comments: Town/City Comments: The CO,reserves the right to comment on the future land use applications, but doesn't have additional comments at this time. _ _ _ Sic r,� „-,51 Weld County Planner C!/lFOS?/Ck Signature of Town/City Representative It is the applicant's responsibility to return the completed form to Weld County White copy: Applicant, Yellow Copy: Town/City; Pink Copy: Weld County Weld Counly Planning Department 1555 N l7t Ave, Greeley CO 80631 - (970) 353-6100, exl- 3540 - (970) 304-6498 Fax Background Information: USR-1360 included Development Standard #22 that stated: 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. Martin Marietta Materials Inc. will request to remain at this location, and will therefore request that Development Standard #22 be eliminated. The Department of Planning Services is requiring a major amendment to the current permit, USR-1360. A USR land use application will be required with referral comments requested by all potentially impacted agencies and municipalities within three miles of the site. This serves as the Notice of Inquiry to the City of Longmont by Weld County to discuss development options for the property. Ak Martin MorFetto January 12, 2017 Mr. Christopher Kennedy Town of Frederick PO Box 435 Frederick, CO 80530 Julie Mikulas Land Manager RE: Weld County Planning Case 2MJUSR16-03-1360 Dear Mr. Kennedy, Thank you for taking the time to discuss your letter dated December 13, 2016. Below is what I believe we have agreed upon. 1. The property is currently accessed solely by Aggregate Blvd, which is owned and maintained by the Town of Frederick. Because the property is not within the Town's jurisdiction, no tax revenues are currently paid by Martin Marietta to the Town to offset the cost of maintenance and repair of the roadway even though the site generates heavy truck traffic. Martin Marietta acknowledges that they do not currently pay any cost of maintenance and repair for Aggregate Blvd to the Town of Frederick. We do have a Weld County Road Maintenance Agreement to cost share repairs based on the proportional traffic from our ready mix plant compared to the baseline traffic volumes. A copy of the Weld County agreement has been provided to Town of Frederick and Martin Marietta is willing to work up an agreement similar to the Weld County Agreement to cover maintenance and repair. 2. It appears as though the right-of-way needed to eventually widen the section of Aggregate Blvd adjacent to the property has not been dedicated to the Town. Because the property is not within the Town's jurisdiction and any land use cases associated with the property will not be reviewed by the Town, there is no point within the foreseeable future where the Town will have the opportunity to exact the needed right-of-way. There is an existing 60' ROW (30' from CL). An additional 20' for future ROW was also delineated on the previously approved site plan and it is included in the site plan for this amendment. Town of Frederick was not aware of this and we have shared a copy of site plan for your records. Town of Frederick does not have any immediate plans for road widening but the 20' has been reserved for purchase by the Town of Frederick or another municipal entity needing the ROW for road widening. Rocky Mountain Division - Northern Office 1800 N Taft Hill Road, Fort Collins, CO 80534 Julie.mikulas@martinmarietta.com www.martinmarietta.com Mr. Christopher Kennedy January 12, 2017 Page 2 3. The processing equipment on -site is an eyesore and the property currently has no landscaping. The Town recognizes that the area was much more rural when the plant was initially constructed and became operational. However, as more urban/suburban development occurs in the area in the form of retail, office, residential and other uses, the less visually compatible the plant will be. Because the property is not within the Town's jurisdiction and any land use cases associated with the property will not be reviewed by the Town, there is no point within the foreseeable future where the Town will have the opportunity to regulate the appearance of the facility. Martin Marietta's predecessor made a significant investment to enclose the plant and build the berm to make it more visually compatible. There is also a landscape plan that was previously approved and installed. Unfortunately most of the trees died prior to Martin Marietta acquiring this property in December 2011. We have already committed in the amendment application to reinstalling the trees with a water system to ensure better success this next time and we will be replanting in the spring following this amendment approval. Town of Frederick has been provided a copy of the landscape plan and re -planting the trees will be acceptable. 4. The site is largely unpaved. As a result, traffic accessing Aggregate Blvd, which is owned and maintained by the Town of Frederick, track mud and dust out onto the roadway. This material eventually finds its way into the Town's drainage infrastructure causing sedimentation and reducing overall capacity. Because the site is not within the Town's jurisdiction, the Town cannot regulate site surfacing issues. Martin Marietta has never received a complaint on track out. Portions of the ready mix truck driving path is paved. We will work this next year on getting all of the driving path paved as previously approved. We have been slowly completing with excess concrete as it comes available, which is a common practice in our business. This will also be addressed in the improvement agreement. 5. While law enforcement service to the site is currently provided by the Weld County Sheriff's Department, deputies often have to travel from Greeley or other far-flung portions of the County to provide service. In these situations, Frederick Police Officers are obligated to take calls for service if they are in the area. Frederick Police Officers typically wait until deputies arrive to provide service except in emergency situations where they provide service immediately. Frederick Police Officers can be tied up on these kinds of calls for extended periods of time without reimbursement to the Town for their time. The referral from the sheriff indicated no conflicts. Deputies will not need to travel from far-flung portions of the county to provide service. The SW Service Center is located at 4209 Weld County Road 24 %z, Longmont, CO 80504, which is only 2 miles east of our site on the east side of I-25. We have also checked their records and there has not been service needed at our address within the last 5 years. Mr. Christopher Kennedy January 12, 2017 Page 3 Thank you for bringing these issues to our attention. At this time, Martin Marietta is not interested in annexing to the Town of Frederick but we look forward to working with you in the future to resolve any issues that may arise. I would appreciate a response by email before Monday if I am incorrect on any items above. Otherwise, a copy of this letter will be forwarded to Weld County Planning to be included in the Planning Commission and County Commissioners packets. Sincerely, Julie Mikulas Land Manager Hello