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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632   |    Phone: (970) 400-4225   |    Fax: (970) 336-7233   |    Email: egesick@weld.gov   |    Official: Esther Gesick - Clerk to the Board
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HomeMy WebLinkAbout20152510.tiff HEARING CERTIFICATION DOCKET NO. 2015-73 RE : APPROVE AN AMENDMENT TO A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR15-0027 (FORMERLY KNOWN AS USR-1584) FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (CONSTRUCTION BUSINESS WITH TWO SHOP BUILDINGS, OFFICE BUILDINGS, AND OUTDOOR STORAGE) 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 TO INCLUDE A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING ASPHALT AND CONCRETE BATCH PLANTS (MATERIALS PROCESSING) AND TRANSLOADING IN THE A (AGRICULTURAL) ZONE DISTRICT - WELD LV, LLC, AND GERRARD INVESTMENTS, LLC, C/O MARTIN MARIETTA A public hearing was conducted on August 12, 2015, at 10: 00 a. m. , with the following present: Commissioner Barbara Kirkmeyer, Chair Commissioner Mike Freeman , Pro-Tem Commissioner Sean P. Conway Commissioner Julie A. Cozad Commissioner Steve Moreno Also present: Acting Clerk to the Board, Tisa Juanicorena County Attorney, Bruce Barker Planning Services Department representative, Diana Aungst Planning Services Engineer representative , Wayne Howard Public Works representative , Janet Lundquist Health Department representative, Lauren Light Health Department representative, Heather Barbare Health Department representative, Phil Brewer The following business was transacted: a I hereby certify that pursuant to a notice dated June 22, 2015, and duly published June 26, 2015, in the Greeley Tribune, a public hearing was conducted to consider the request of Weld LV, LLC, and Gerrard Investments, LLC , c/o Martin Marietta , for an Amendment to a Site Specific Development Plan and Use by Special Review Permit, USR15-0027 (formerly known as USR-1584) for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (construction business with two shop buildings, office buildings , and outdoor storage) 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 to include a Mineral Resource Development Facility, including asphalt and concrete batch plants and transloading in the A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record . 2015-2510 d c : CaiPL, FL ; 146; 'Vu'//s PL2360 HEARING CERTIFICATION - WELD LV, LLC, AND GERRARD INVESTMENTS, LLC , CIO MARTIN MARIETTA (USR15-0027) PAGE 2 L I Chair Kirkmeyer gave instruction regarding the proceedings, expectations and the schedule for the day. 2 Diana Aungst, Department of Planning Services, presented a brief summary of the proposal to include a description of the site buildings, facilities , and operations. She stated staff sent out 29 referrals and 16 referral agencies indicated no concerns and the rest did not submit a response. She described the site location and the request of the applicant for an asphalt batch plant, a ready-mix concrete batch plant, and 6,400 feet of rail spur to accommodate rail access for transloading of aggregate materials to be brought in three times a week. Ms. Aungst reviewed the number of employees and the hours of operation for both Gerrard Construction and Martin Marietta. She described the parameters and operations of the asphalt plant, storage tanks and storage yards, ready-mix concrete plant, wash plant and the recycling plant. The wash plant and recycling plant equipment are portable and may be moved around the site as needed . She stated the applicant is proposing screening in the form of a landscape berm along the eastern edge of the property and reviewed the primary access that is currently used by Gerrard Construction . Ms. Aungst briefly defined the traffic patterns, emergency accesses, and reviewed the incompatibility issue of the proposed removal of 90-acres of "prime irrigated" farm land from production , based on the Weld County Code. She stated the site is located within the three (3) mile referral area of the Towns of Windsor and Johnstown , the Cities of Greeley and Loveland, and Larimer County, and that these municipalities submitted referral responses. Ms . Aungst reported that most of the responses were not supportive of this application due to incompatibility with the particular area or region . She also listed the number of responses received by the Department of Planning Services reflecting both those in support and those in opposition . Ms . Aungst stated Planning Commission recommended denial of this application with a 4-3 vote and listed reasons based on incompatibility, traffic, and intensity of the proposed use. She displayed images of the site, surrounding views , accesses, surrounding residences, and proposed site plans . In response to Commissioner Conway, Ms . Aungst reviewed the breakdown of percentages reflecting the location of origination of the letters received . .. Wayne Howard , Planning Services Engineer, provided a brief overview of the transportation plans and requirements and began by explaining the site location with an aerial map to indicate traffic signals, subdivision , railroads, site, and proposed traffic signals and accesses. He reviewed the relevant County Roads (CR) to be impacted by this proposed Use and gave the available average daily traffic counts to include percentage of truck traffic and the proposed round truck trips per day. He stated the applicant submitted a traffic study indicating 560 round truck trips per day upon completion of phase one, and potentially increasing at full build out in 2035. Mr. Howard also reviewed several referral comments concerned with additional traffic and he reviewed the requirements for tracking control , various necessary permits, and an Improvements and Road Maintenance Agreement based on potential traffic triggers. He stated haul routes, a final updated drainage report, and certification of compliance signed by an engineer are also requirements for the USR. Mr. Howard conveyed several irrigation companies have expressed concerns regarding drainage flows and contamination . In response to Commissioner Cozad , Mr. Howard clarified CR 13 is constructed as a two-lane paved roadway. 2015-2510 PL2360 HEARING CERTIFICATION - WELD LV, LLC, AND GERRARD INVESTMENTS , LLC, O/O MARTIN MARIETTA (USR15-0027) PAGE 3 Janet Lundquist, Department of Public Works, provided a brief overview of the transportation plans and requirements and stated the main concerns and requests included not wanting CR 56 between CR 13 and CR 15, which is the gravel portion to be used as part of the haul route. Ms. Lundquist also reported that staff does not want CR 50 between CR 13 and State Highway 60 to be used as a part of the haul route either because it is a gravel roadway and the truck traffic would create a structural impact to the roadway. She explained a further concern with the traffic study as it indicated a truck trip generation split of 95% turning north from the facility and 5% turning south from the facility. The Department of Public Works indicated this number might be skewed and a more realistic split would be 75/25 which would trigger additional requirements for construction for this facility type. Ms. Lundquist briefly reviewed the recommended changes to include right/left acceleration lanes at the entrance, a right deceleration lane at the entrance, a traffic signal at CR 13 and U .S . Highway 34, and lengthening of the auxiliary lanes on U . S. Highway 34. She stated staff is requesting an upgrade on CR 13 south of the facility between CR 50 and CR 54 where it is currently gravel , auxiliary lanes potentially at the intersection of CR 54 and CR 15, and further diagnostic study of the railroad crossings to determine if additional signals are needed. Ms. Lundquist clarified that if railroad crossing improvements are needed, it will be the financial responsibility of Martin Marietta. ['LA Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions stating the Little Thompson Water District will be providing water service to the facilities and the applicant has proposed to put in two new septic systems and provide portable toilets for the drivers. Heather Barbare, Department of Public Health and Environment, reviewed the Waste Handling Plan and stated what waste will be generated on-site and how it will be disposed of off-site; the plan also indicated the chemicals that will be stored on-site, and how the chemicals and materials will be managed properly. Phil Brewer, Department of Public Health and Environment, stated that should this application be approved , the Weld County Department of Public Health and Environment (WCDPHE) has certified staff members who can appraise odor, dust, and noise for compliance with required permits, air pollution control division regulations and the Weld County Code. Staff will use certified instruments for evaluation of the emissions and if found to be in violation will be referred to proper authorities at State or County levels for proper enforcement. In response to Commissioner Conway, Mr. Brewer stated all other asphalt plants, concrete plants and aggregate plants in Weld County are subject to the same requirements, evaluations and enforcement. [511 Carolynne White, Attorney, representing Martin Marietta, stated this project is critical to the continued development of northern Colorado and the proposal consists of three basic components to include an aggregate rail unloading facility, an asphalt plant with storage, and a ready-mix concrete plant. She further stated the proposal meets and exceeds the criteria for approval . Ms. White expressed the applicant's desire and efforts to understand and incorporate 2015-2510 PL2360 HEARING CERTIFICATION - WELD LV, LLC , AND GERRARD INVESTMENTS, LLC, C/O MARTIN MARIETTA (USR15-0027) PAGE 4 input from the neighbors throughout the process and included in the presentation would be examples of the measures the applicant has taken to mitigate concerns, and if necessary, she stated several team members are present and available to further explain or answer questions. U 1 Ms. White explained that Martin Marietta is a leading provider of aggregate, concrete and asphalt in northern Colorado, with an ethical company history of over fifty years. She reported that Martin Marietta currently supplies 80% of the asphalt needed for road repairs and projects to both Weld County and the City of Greeley, has provided Weld County ten million tons of aggregate materials over the last three years, employed approximately 300 people, and contributed $42 million to the local economy in 2014 . She described the location as uniquely suited to the Use as it is adjacent to the railroad and close to the interstate. She explained the site plans and proposed operations while displaying images to include access points, road improvements, the current operations of Gerrard Construction, phases of construction , revised configurations of the rail loop and on-site truck loops for each plant to minimize impacts to the surrounding property owners, and described daily/weekly operations in regard to rail use and truck routes within the site. Ms. White reviewed traffic and addressed concerns for increased truck traffic using a chart to represent truck traffic generated by the site when it commences operation in 2017 to be approximately 1 , 120 trips per day, the increase based on a 2035 projection to be approximately 2 , 200 trips per day, and compared these numbers to current traffic trips and the potential traffic approximations generated by alternative uses to include 400 new single family homes, a new business park, a new King Soopers , and the proposed Encore Residential. She concluded that any use of this site would create new traffic and in the grand scheme of things the traffic generated by Martin Marietta would be minimal in comparison . Ms. White reviewed the maximum number of employees and further stated due to the seasonal operation patterns slowing in the winter months, the daily traffic counts will be significantly lower. She reviewed the design standards of CR 13 , the proposed routes on U . S. Highway 34, and stated the total traffic contribution of Martin Marietta is 2-3% . Ms. White also clarified the professional disagreement between the traffic engineer representing Martin Marietta and the Weld County Public Works engineer regarding the pattern of trucks leaving the facility in the projected 95% north and 5% south trip distribution, stating the market supports their findings. She reviewed the long-term improvement plans for relevant roads and highways in the area and the improvements Martin Marietta has committed to, including traffic signals, turn lanes, acceleration/deceleration lanes, and future improvements based on triggers of increased traffic. [ = Ms. White stated for the remainder of the presentation she would demonstrate meeting and exceeding compatibility with Weld County criteria, meeting and exceeding the compatibility with surrounding current and future land uses in the vicinity, the extensive communication and outreach opportunities, and the extensive modifications to the proposed plan based on efforts to mitigate. She explained the reasons for this proposal include the projected 75-100% growth in Weld County over the next 20 years which will lead to a need to accommodate the demand for aggregates, asphalt and concrete for infrastructure and the physical growth to accommodate a population of that size. These industries are the customers of Martin Marietta and she gave several examples of projects that would need these materials while reporting the future closure 2015-2510 PL2360 HEARING CERTIFICATION - WELD LV, LLC , AND GERRARD INVESTMENTS, LLC , C/O MARTIN MARIETTA (USR15-0027) PAGE 5 and decommissioning plan of the current asphalt plant located at 35th Avenue and "O" Street. She described the current plant is linked to the mining operations at that location and in five years, this mining operation will be completed and the plant will go offline so this proposal is planning for the future to make sure these products are available at a local level for the ever growing market. She explained where aggregate resources come from and that these resources are dwindling in the Front Range area; however, she conveyed Martin Marietta has a source in Wyoming and these products can be transported by rail or truck to the site. Ms. White continued explaining that transporting by rail is much less expensive, generates less pollution , and causes less wear and tear on the roads, and that the use of rail results in a savings of $18 million. r�'= Ms . White displayed a map of the local market area and recognized the neighbors' desire for the facility to be located elsewhere and she explained why this location was chosen and how it best fits in this location when considering the parameters, including rail access, access to major arterial roads, minimal impact on infrastructure, access to transportation infrastructure, relatively flat topography, room to accommodate the structures on the site, and relative distance to existing residential . She clarified it is common to see industrial uses next to residential development in Weld County and compatibility does not mean the same, it can mean different things co-existing in reasonable proximity to each other and with minimal impact. She reiterated the various Uses in the area and pointed out that different Uses were already in close proximity to each other and that infrastructure drives land use. She further clarified that residential is the least of the uses in the area. .J Ms. White discussed mitigation efforts and outreach before, during , and after the submittal of the proposal to include neighborhood meetings , providing a landscape charrette to entertain a dialogue regarding the best landscape plan to mitigate visual impact and views, and hosting business community meetings all in the effort to recognize the impacts to the nearby community and mitigate accordingly. In response to Commissioner Cozad, she clarified the neighborhood meeting was held January, 2015. Ms. White stated along with several letters of concern and opposition , there were also several letters of support from local businesses. a; Ms. White listed the community concerns to include air quality, health and safety, odor, traffic, noise, visual impact, compatibility, property values decreasing, and impact to wildlife. She stated Martin Marietta has taken each concern and engaged experts and devoted time and resources to analyze and design measures to respond accordingly. She mentioned the additional studies submitted in response to the concerns include a Traffic Study, Sound Analysis Report, Visual Analysis Model, Answers to Asphalt Plant Health Questions, Review of Potential Impact on Organic Farms, Wildlife Desktop Review, Water Resources Impact Report, Community Benefits of Industry, Real Estate Diminution Study, and a Martin Marietta' Culture Of Safety and Commitment to Sustainability. She briefly reviewed each report and Martin Marietta's responses and mitigation efforts to the list of concerns which led to describing the Community Neighborhood Working Group as a means of cooperating with the surrounding property owners in hopes of being a good neighbor. Lastly, Ms. White discussed how this project meets the intent and criteria of the Weld County Code, how it is compatible and able to co-exist with surrounding land use, how the applicant has had extensive communications with the neighbors 2015-2510 PL2360 HEARING CERTIFICATION - WELD LV, LLC, AND GERRARD INVESTMENTS, LLC, O/O MARTIN MARIETTA (USR15-0027) PAGE 6 and made extensive modifications to the plan, how it balances property owner's rights, and how it provides a long term vision for Weld County's economic future. i' Commissioner Conway stated he would like clarification on the Community Work Group and more discussion on lighting . With that, Chair Kirkmeyer called a short recess at 11 : 00 a. m. , and said upon commencement the opposition would be allowed to present. (Clerk's Note: Recessed at 11:00 a. m. , and reconvened at 11 :07 a.m.) UA 11 : 08 a . m . , Dave Kisker, CLR-34 Neighborhoods Association and resident of Indianhead Estates, thanked the Board for the opportunity to speak and began the presentation for the opposition by refuting the comparison regarding truck traffic created by Martin Marietta and car traffic from Indianhead Estates, and he also pointed out that emissions can be monitored but frequently are not, which is part of the problem . He stated it is important to remember the USR goes with the land and if Martin Marietta leases this land or sells it, what is decided today has to be enforced . He reported there is a serious problem with emissions with both fugitive dust and potentially with formaldehyde and an extensive detailed analysis will have to be done. Mr. Kisker communicated other discrepancies to include the proposed plant is not an asphalt batch plant but a continuous drum mix plant which can operate 24 hours a day and seven days a week with a higher scope of operations; truck traffic matters ; and, only 1 % of production goes to support agriculture. As a matter of interest, he reported there has never been a schematic submitted , and he displayed a slide to demonstrate the sources of odor and dust from an asphalt plant and also showed recent pictures of dust coming off the Taft Hill Plant and further stated the odor there is a big problem . He stated he had more pictures displaying dust from truck loading and unloading at that facility. He stated this proposal is not compliant with the Weld County Code Chapters 22 and 23, nor is it compliant with the Right To Farm Statement; and , in all these code issues the data says it does not fit because it is incompatible with surrounding land uses and it does not promote the health , safety and welfare of the Weld County residents. ' John Cummings, surrounding property owner, stated he is a farmer, a wildlife biologist, and a board member of the Reorganized Farmer's Ditch ; and, his farm is 400 yards south of the proposed facility. He stated his focus of opposition is regarding the Weld County Right to Farm Statement and water quality. He displayed a PowerPoint presentation explaining that agricultural producers deal with sustainability each day from environmental , economic and social issues and the enormity of the proposed development and the variety of activities will have a major effect on sustainability of the surrounding farmers. He stated that Martin Marietta's intrusion will create an environmental impact to agricultural practices by increasing traffic, hazardous air pollutants, contaminants , fugitive dust, and have a negative impact on water quality. He pointed out a slide emphasizing the dust aftermath of two semi trucks on CR 56 and asked the Board to imagine 650 trucks, and trains unloading , and front end loaders moving around the site. Mr. Cummings explained fugitive dust negatively impacts crops and it is estimated that 200 tons will be produced annually at this site. He reported there are numerous studies proving that fugitive dust reduces the yield, and can harm or kill the plants. He also explained the concerns to water quality with contaminants ending up in the Koenig Reservoir 2015-2510 PL2360 HEARING CERTIFICATION -- WELD LV, LLC , AND GERRARD INVESTMENTS , LLC, O/O MARTIN MARIETTA (USR15-0027) PAGE 7 and eventually to adjacent farmland . He mentioned the area is scattered with underground drains and the surface groundwater is within two feet of the surface and that at times the water movement is on the surface itself. He reported that Martin Marietta's solution is to bring in fill which will affect the water patterns. Mr. Cummings suggested mitigation to include installing a geotextile under the site, locating and determining drainage patterns, not using chemical dust suppressants, directing all runoff through a detention pond, installing a release control valve on the detention pond, and conducting water quality testing before releasing any water. Ea Ray Moe, Traffic Expert, began with a brief overview of his expertise and awards in transportation planning and referred to Exhibit #340 from the Planning Commission hearing . He prepared a 28-page critique of the traffic study submitted by Martin Marietta listing issues with data sources, assumption regarding the growth to six lanes on U . S . Highway 34, and the missing pieces like the requirement to do a signal warrant analysis. He further stated the picture painted at Planning Commission was much different than what was submitted on the traffic study and that the traffic consultant for Martin Marietta had two major inconsistencies regarding heavy vehicles operating the same as other vehicles and sufficient green time on CR 13 to allow vehicles access to U . S . Highway 34 without backing up traffic. Mr. Moe stated both of these assumptions are false and need to be addressed. He displayed a PowerPoint presentation and explained that heavy trucks need adjustments due to the significant impact on traffic flow, large size, and the operational characteristics that impact traffic operations. He also addressed the long term transportation plans for Weld County and the City of Greeley and stated they are all financially constrained and have no long term plans for six lanes and no plans for a signal at the intersection of CR 13 and U . S . Highway 34. He explained the decreasing level of service rating and the delays caused by the approval of this proposal because of the increased truck traffic and the impacts this will have on all transportation on surrounding County roads, U . S Highway 34 and Interstate Highway 25. Mr. Moe further explained the transportation concerns with additional train traffic, delays and analysis for improvements. P Gary Oplinger, resident of Indianhead Subdivision , stated he would be addressing Weld County Code Section 23-2-230. B.6 which states the applicant shall demonstrate making a diligent effort to conserve prime farmland while selecting a site. He reviewed the site options considered by Martin Marietta and displayed a PowerPoint Presentation with images of these sites and distinguishing the prime farmland in each location , along with the site selection criteria of Martin Marietta noting that conserving prime farmland was not listed as criteria. He reviewed the distances, scores given by the applicant, and stated there are at least five industrially zoned sites available that would not remove prime farmland from production with access to rail , and briefly described each one. He reiterated that Martin Marietta made no effort to conserve prime farmland . Ua Chris Friede, resident of Johnstown , stated she was here less than two months ago for approval of USR15-0028, for the Rockin S Ranch . She described the work and planning that went into creating her business and stated she is adjacent to the proposed facility. Ms. Friede communicated her mission criteria is critical to the success of her business, including a peaceful rural setting , spectacular Mountain views, convenient location , and a renovated dairy barn . If this proposal is approved , she stated her setting becomes a noisy industrial setting and the 2015-2510 PL2360 HEARING CERTIFICATION - WELD LV, LLC , AND GERRARD INVESTMENTS, LLC, 0/O MARTIN MARIETTA (USR15-0027) PAGE 8 views change to an asphalt plant, rail spur, and piles of aggregate. She continued to point out the convenient location becomes difficult to access because of the industrial truck traffic, the special events are now exposed to asphalt odors, interruptions by trains screeching and unloading , and beautiful table settings covered in dust. Ms. Friede stated the impact will make it impossible to continue as a viable business. She reviewed her efforts to meet with a neighbor concerned about the noise generated from her business and she met with the neighbor and addressed the issues and made changes to make it viable for both parties. She stated she has never been by Martin Marietta and there has been no offer to mitigate relevant to her business; however, they changed the rail spur location which was beneficial to Indianhead Estates but worse for her property and business. She respectfully requested denial because this would ruin her business. [a Dave Kisker, summarized the concerns based on incompatibility and not protecting the health , safety and welfare of the County residents. He stated that regarding mitigation in most areas of concern, Martin Marietta has hired a study, all of which have been completed to negate any concerns . Mr. Kisker reviewed the CLR-34 NA mitigation requests to include enforceable noise standards, 4: 1 ratio dilution of odor or even a 2 : 1 ration dilution as enforced in California, enclose the asphalt plant and concrete plant and lower building heights, landscaping on the applicant's land , health monitoring, early warning emissions systems, clay liner for water quality, reclamation plan, and lastly, some kind of compensation for the loss of quiet and enjoyment of the surrounding property owners . He reported that all of the mitigation requests have been rejected . Mr. Kisker insisted the odors and emissions are real and displayed recent photos of the Taft Hill facility. He also reminded the Board of the health hazards of being exposed to fugitive dust, stated that in North Carolina a new asphalt plant agreed to limit the buildings to 55 feet in height, and displayed photos of the Centennial site that has the concrete and asphalt plants enclosed and an attractive brick wall surrounding the property proving it doesn't have to be ugly and smelly and Martin Marietta can do better than what is being offered. He listed concerns regarding enforcement of the landscaping and screening agreements, and concluded by stating that Martin Marietta has done a lot of talking but in reality there is not much offered as mitigation . V- In response to Commissioner Moreno, Mr. Cummings referenced Exhibit Z for the factual findings related to contaminated stormwater. ?- In response to Commissioner Cozad , Mr. Kisker agreed that limiting the USR to only Martin Marietta is a start to the mitigation . Commissioner Cozad reminded Mr. Kisker that the Conditions of Approval and Development Standards are also tools for mitigation and the Commissioners can add to them if needed . Ms. Friede responded that railroad is close to her property and related that only a few trains go past her property each week. Nh In response to Chair Kirkmeyer, Mr. Moe clarified the adjustment ratios being three (3) passenger cars to each heavy truck and the percentages of traffic impacts based on the traffic distribution patterns and additional truck traffic generated by Martin Marietta. He further responded regarding the comparisons in relation to future growth and other proposed 2015-2510 PL2360 HEARING CERTIFICATION - WELD LV, LLC, AND GERRARD INVESTMENTS , LLC , 01O MARTIN MARIETTA (USR15-0027) PAGE 9 developments and the impact at the intersection of U .S. Highway 34 and CR 13 that will trigger improvements. G Commissioner Freeman requested clarification of the truck percentage in relation to the 42,000 vehicles. Mr. Moe reviewed the statistic given earlier of 3. 3% truck traffic today. a Chair Kirkmeyer recessed the hearing at 12: 11 p. m. and instructed the staff and the public that the Board will reconvene at approximately 1 :40 p. m . [% 1 Chair Kirkmeyer reconvened the hearing at 1 :50 p. m. and reviewed the earlier instructions and offered guidance regarding the public hearing portion of the proceedings. Public Testimony NiLori Saine, State Representative, stated that it seems apparent the area will develop with more industrial uses given the proximity to railroads and highways and she encouraged the Board to continue with the approach that different uses can co-exist for the benefit of all property owners. She further stated she supports this proposal because it benefits the tax payer and Martin Marietta has done a great job mitigating . She concluded by encouraging Weld County to continue to be "open for business." a Troy Mellon, Town of Johnstown Council Member, and John Franklin , Staff Planner for the Town of Johnstown , introduced themselves and Mr. Mellon began by stating main points to include trucks are not equal to cars and the impact from both truck traffic and increased rail use is going to be problematic for the area. He further stated the City of Greeley is exporting a problem into Johnstown, and the use of Johnstown's land use map is misleading as there are no industrial zones in that area. He mentioned there is only limited industrial use allowed , not heavy industrial use. He also stated land use permits last a long time and there needs to be a promise of reclamation and a trust fund set up to take care of that. [a In response to Commissioner Cozad , Mr. Mellon explained the Scheele's project and explained the Town of Johnstown is working with the Colorado Department of Transportation and Loveland for intersection improvements. He further stated he is not sure they would have approved this development had they known Martin Marietta was moving in because this proposal is a radical departure from the plan and there is another subdivision planned. �= In response to Commissioner Cozad , Mr. Franklin reported the Encore Subdivision is a mix of 212 acres of Commercial and 220 acres of Residential . In response to Commissioner Conway, he explained the traffic impacts expected and the Town of Johnstown is prepared to put in traffic signals when warranted based on increased traffic. In response to Commissioner Freeman , Mr. Franklin reviewed the acreage Encore is planning to develop clarifying that it is currently farmland . In response to Chair Kirkmeyer, he stated the property was annexed in 2005, and two years ago an application was received to consider a metropolitan district for the 2015-2510 PL2360 HEARING CERTIFICATION - WELD LV, LLC, AND GERRARD INVESTMENTS, LLC , C/O MARTIN MARIETTA (USR15-0027) PAGE 10 purpose of financing infrastructure and an application for a preliminary plat and design guidelines were also received and the Town is currently in the process of completing the review. He estimated a development schedule of about five to eight years . In response to Chair Kirkmeyer, he replied they did have access to the other plans and that he would not disagree regarding the potential number of vehicles related to Encore. a In response to Chair Kirkmeyer, Mr. Franklin did not have the average daily traffic counts for when Encore was permitted. He stated the Town of Johnstown was involved in the interchange plans at 1-25 and stated the long term plans requiring urban interchanges are not clear. Mr. Mellon interjected regarding the Encore development and the radical reconstruction of CR 3 pulling the road to the east to decouple from the Railroad , and that this project is not pursued lightly. Mr. Franklin verified commercial/mixed use development is slated for the NW and SE corners and in response to Chair Kirkmeyer, stated that the developer is required and willing to fully participate with road improvements. He reported in 2006, the last updated and Comprehensive Land Use Plan was created and it has become the Master Plan as it is used for estimates in utility planning and the reason it extends to that area is they believe they can serve that area with utilities as it develops . Nh In response to Commissioner Conway, Mr. Franklin stated they examined and projected the traffic levels using the MPO data and regional data and projected when and where those intersections would need improvements. He stated the developer will be responsible for their share of the impact and the Town is also looking at the utilization of transportation impact fees. In response to Chair Kirkmeyer, Mr. Mellon stated the light industrial uses currently in the area fit the plan and were approved . Mr. Franklin stated the portion in question is designated for commercial development and behind that is light industrial. In conclusion , Mr. Franklin stated the governments that have jurisdiction are coming together and have a unified vision for that corridor. [7-(1-E: John Moser, Greeley resident, stated he is in support because the community is going to need this plant to take care of the infrastructure and the repairs and building taking place in this area. If it doesn't pass, the community will lose an option of provision for these materials which will cost more to complete these projects. [ Mel Bickling , Johnstown resident, stated he is opposed to this proposal because Martin Marietta has not met all the standards and conditions for the approval of the application, despite saying they want to be a good neighbor and that best practices will be used . Mr. Bickling submitted a handout with slides from a PowerPoint Presentation to emphasize his main points regarding safety and appearance. Scott Renfroe, former State Senator and Greeley resident, stated he supports this proposal because he owns a concrete company in Greeley and purchases aggregate and asphalt from Martin Marietta. He explained the need for aggregate for growth and future development and that his company has experienced a shortage in these supplies because of the high demand and not enough places to get it. In response to Commissioner Conway, Mr. Renfroe stated his 2015-2510 PL2360 HEARING CERTIFICATION - WELD LV, LLC, AND GERRARD INVESTMENTS , LLC, 0/O MARTIN MARIETTA (USR15-0027) PAGE 11 company has been the largest concrete contractor in northern Colorado for years and has experienced the shortage of product which affects keeping employees. He further stated a new plant with these capabilities will increase production and keep prices down with shipping because it will be local . [5`' Ellen Delorenzo, Johnstown resident, retired from a competitor of Martin Marietta and stated she is opposed to this proposal because of the odor, and losing 90 acres of agriculture land . She suggested the re-permitting and reusing of the Greeley site instead of building another facility. She also stated her concern with the large industrial vision and becoming the next Commerce City. In response to Commissioner Cozad , Ms. De Lorenzo stated she does not live in Indianhead Estates and understands agricultural land was used for the subdivision but the decision today is regarding heavy industrial . In response to Chair Kirkmeyer, she replied she is a resident of Teton County, Wyoming . '= Kevin Ross , Eaton resident, stated he is supportive of the application and mentioned the County Road 49 Project which is using aggregate. He stated he is the President of the Weld County Builders Association and has been a partner with Martin Marietta to provide scholarships to the area . He further explained Martin Marietta is vital to growth and gave examples . He also emphasized the provision of jobs. In response to Commissioner Conway, Mr. Ross stated he does not have specific numbers but everyone is waiting for product. In response to Commissioner Moreno, he stated he agrees both sides have a say but also believes in capitalistic views and if someone owns the property, they should be able to choose what to do with it. r , la Jim Piraino, Indianhead Estates resident, stated he is opposed and concerned with others being able to understand how intolerable this is. There isn't anything to compare it to except drilling oil wells, which is offensive but lasts for a shod time, while Martin Marietta will go on forever. He stated Martin Marietta will meet the regulations required of them , yet it will be intolerable to live close by during all phases. V- John Borges, Windsor resident, stated he is supportive as the owner and president of a concrete company in Windsor that currently has 55 employees and uses Martin Marietta for purchases. He reported having experienced a shortage in materials. He shared that he understands the other side of things as he lost two agricultural properties to development in years past. However, he communicated that Martin Marietta is responsible and professional to work with . In response to Commissioner Cozad , Mr. Borges stated he began working with Martin Marietta ten years ago and now uses them solely for materials and he explained the effects of delays regarding his business. In response to Commissioner Moreno, Mr. Borges replied he took a loss on both of his farms. In response to Commissioner Conway, he clarified the second loss was because development came too close to his dairy. Ul Dr. Natalie Rochester, Indianhead Estates resident, stated she is a physician and a mother of two and she stated her concerns as a physician regarding health and safety due to the plant proximity and the difficulties this will cause regarding her work schedule because of noise and 2015-2510 PL2360 HEARING CERTIFICATION - WELD LV, LLC, AND GERRARD INVESTMENTS, LLC, O/O MARTIN MARIETTA (USR15-0027) PAGE 12 light. In response to Commissioner Cozad, she stated the reasons they chose that location to live is because it is in close proximity to the Medical Center of the Rockies where she works, and that further residential/commercial development and farmland and is cohesive but heavy industrial is not. In further response she replied there is nothing Martin Marietta can do to mitigate this Use in their backyard, and in response to Commissioner Moreno, she said she was not contacted nor did she attend an outreach meeting . Preston Kunkel , Longmont resident, stated he is an employee of Martin Marietta at the Brighton facility and he believes in this project. He conveyed there is a lot of fear and misunderstanding; however, he is pleased to work for a progressive company that has integrity and is willing to do things the right way. In response to Commissioner Conway, he stated his perspective is if they have issues on-site , they take care of them , and the fence is patrolled daily. 01 Martin Brown , Johnstown resident, requested that the Board listen to their constituency including Greeley, Windsor and Johnstown , and vote to have Martin Marietta find another location . 21 Earl Wellnitz, Greeley resident, stated he has been an employee of Martin Marietta for 44 years, he has lived in Weld County for 45 years, and he has operated and managed the asphalt plant in Greeley for 26 years. He shared he lives within a mile of the plant and considers himself very healthy at 65 years old. He further stated that Martin Marietta meets all the environmental standards. In response to Commissioner Cozad , he described the fencing and stated there are security guards to patrol the fence. He stated he did not know the fence was down. In response to Commissioner Conway, Mr. Wellnitz stated there are no problems with people coming onto the property and he described his procedure for addressing calls or problems. In response to Commissioner Moreno , Mr. Wellnitz stated he has never heard of contamination and if there is a spill it would be taken care of immediately with sand and fill. Further in response to Commissioner Conway, he explained the standard three-foot berm all the way around the property and the procedures for weather related events to include flooding . V Denise Rhodes, Johnstown resident, stated she is opposed to this USR and the jobs being created are not new jobs but will be filled with current employees and she is concerned with increased traffic, odor, dust and noise . She is also concerned that emergency personnel are not prepared for fires or explosions that require specialized equipment and training . In response to Commissioner Cozad , Ms. Rhodes stated her comments are based on asphalt heating to 200 degrees and needing foam for these types of fires or explosions. Chair Kirkmeyer stated the emergency personnel responsible for this area does have a foam truck. Jamie Cummings, Johnstown resident, stated she opposes the USR based on incompatibility as it will irrevocably change their quality of life because of noise, traffic, dust and odors. In response to Commissioner Moreno, she stated she is the wife of John Cummings who spoke earlier and , yes, they use farm equipment. 2015-2510 PL2360 HEARING CERTIFICATION - WELD LV, LLC , AND GERRARD INVESTMENTS, LLC, C/O MARTIN MARIETTA (USR15-0027) PAGE 13 John Darnell , Greeley resident, stated he supports Martin Marietta on behalf of the 300 employees of Hensel Phelps Construction Company and he emphasized the importance of growth requiring aggregate. He stated he lives in close proximity to the asphalt plant in Greeley and does not consider this a health hazard . In response to Commissioner Conway, he stated getting aggregate is challenging which makes project costs go up and developers start shelving projects. He encouraged the Board to refrain from stopping economic development. � 1 Jacquelyn Ross, Johnstown resident, stated she is opposed and the the fund for landscaping does not solve the problems that will be caused . She is concerned regarding the conditions and maintenance of CR 56. In response to Commissioner Conway, Ms. Ross stated she was invited to attend the landscape charrette and was told to plant trees as a solution which she disagrees with . In response to Commissioner Moreno , she said there are generally five or six trains a day on Union Pacific and more than that for Great Western and Vestas. Gs;-' Jeff Wright, Greeley resident, stated he is in support and began by reporting labor statistics in Weld County and transitioned to statistics regarding needed repairs and repaving of roads, and culminating with a request to approve the proposal based on the need for jobs , the good mitigation plan of Martin Marietta , and the accountability provided to the neighborhood . Lucas Brown , Johnstown resident, stated he has the property directly across the road from the reservoir on CR 56 and is opposed to the plant because they will see it, smell it, hear it, and may even taste it. He stated it seems obvious what the majority wishes and he expressed his frustration regarding the classless move of Martin Marietta to pay employees to come speak on their behalf and waste everyone else's time as this is not their only option. He further reminded the Board they are elected officials representing the people and hopes they will oppose this, otherwise it makes democracy a fraud because it doesn't matter what the people think; only what the people with money think. a Harold Amerin , Ft. Lupton resident, stated he is a contractor and farmer in Weld County and works with Martin Marietta as a subcontractor and as far as taking farm land out of production, every farmer hopes for a buyout. Mr. Amerin mentioned he is currently bidding the CSU project and trucking material totaling thousands of truck loads with up to 30 trucks a day running from Idaho Springs to Fort Collins. In response to Commissioner Cozad , he stated he is trucking the material for various jobs related to the new CSU stadium using Interstate 25. He further stated this plant would have saved CSU $250, 000. 00. a Bob Meusch , Greeley resident, stated he is opposed as they are building their dream home in Indianhead Estates and no berm or trees will sufficiently mitigate. He stated his concerns with incompatibility, intensity, and public safety. In response to Commissioner Conway, Mr. Meusch stated this was not disclosed when they purchased the property. Nh Tom Haren, Greeley resident, stated he supports the project, on behalf of the Board of Directors of Upstate Colorado Economic Development, because this would create jobs and build infrastructure. He further stated the need for aggregate and explained the gross contortion 2015-2510 PL2360 HEARING CERTIFICATION - WELD LV, LLC , AND GERRARD INVESTMENTS, LLC , O/O MARTIN MARIETTA (USR15-0027) PAGE 14 to the Right to Farm Statement that he helped create. In response to Commissioner Moreno, it was a majority decision of the Upstate Board of Directors to support this project. Taunya Feyen , Johnstown resident, recently purchased a lot in Coyote Ridge Subdivision and stated she is opposed due to traffic increase and congestion, road deterioration, risk of accidents and road closures during the winter. In response to Commissioner Conway, she reemphasized poor road conditions and stated mitigation does not seem viable. Chair Kirkmeyer recessed the hearing at 3: 34 p. m . for a short break. Chair Kirkmeyer reconvened the hearing at 3:42 p. m . Sharon Collins , Johnstown resident, stated she is opposed and began by describing a scenario of a possible accident and explosion at the proposed location and culminated by stating it is incompatible, dangerous, needs a larger buffer zone, and will increase traffic concerns. [5`" Jeff Reckard , Ft. Lupton resident, stated he supports this proposal because he works in the pipeline construction business and aggregate is hard to get and he is all for it being shipped by train. Michael Earwood , Johnstown resident, stated he is opposed because he grew up in Commerce City and experienced the heavy industrial buildup of that community and he asked the Commissioners if this is the look they want on the Highway 34 corridor coming into Weld County. U Greg Miedema, Windsor resident, stated he is with Northern Colorado Home Builder's Association and endorses the proposal to support affordable housing and growth in northern Colorado. He further stated the benefits including location , lower costs, and financial savings to homebuyers . �y k 1 Mike Chrisman , Johnstown resident, stated he is opposed to the proposal because it is an intense industrial Use infringing on his property rights. He reminded the Board that all the surrounding communities have requested denial and that this Use is incompatible with the area. In response to Commissioner Moreno, Mr. Chrisman stated he attended the meeting he was invited to; however was not invited to any of the community meetings. Steve Tool, Windsor resident, expressed support of the proposal as it will make aggregate more available and bring down the costs for road repairs and projects for the future. In response to Commissioner Moreno, Mr. Tool stated common sense implies there may be some negative impact on existing home values. 2015-2510 PL2360 HEARING CERTIFICATION - WELD LV, LLC , AND GERRARD INVESTMENTS , LLC, CIO MARTIN MARIETTA (USR15-0027) PAGE 15 Royal Kupec, Johnstown resident, stated as an accredited safety auditor and safety professional since 1990, he is concerned about fires and explosive hazards as shown on Exhibit BU . He explained it is difficult to put out an asphalt fire and that the local agency does not have the exact foam equipment needed to put these fires out. He further explained because of the explosive force, there would have to be an evacuation of the public within one half mile and this could mean evacuating over 150 families, and he stated Martin Marietta needs a bigger buffer zone. In response to Commissioner Cozad, Mr. Kupec stated he is a consultant covering the Front Range and he works with various types of companies to include construction , mining , general , and oil and gas, and he got his statistics from the internet. In response to Commissioner Conway, he clarified there were a total of 22 fires and he does not know the age of the facilities. a Josh Duran , Severance resident, stated he is in support of the proposal because his family owns Duran Excavating and it would provide a place to get road base materials at a better cost. a Pete Straub, Johnstown resident, expressed his frustration with living only 700 feet away from the site and the proposed economic benefit to Martin Marietta to minimize costs and increase profits. He stated the facility needs to move to a better suited location and he emphasized his concerns with the noise limits and the fact that the subdivision sits higher in elevation , therefore, a berm is not a noise mitigation solution and the subdivision will still be subject to the full spectrum of the noise created by the plant operations and the traffic from trains and trucks. In response to Commissioner Moreno, Mr. Straub stated he was contacted and he did attend every open house and engaged the engineers to voice his concerns . In response to Commissioner Conway, he stated the suggestions were listed in the presentation. 1511-= Roger Knoph, Greeley resident, stated he is in support of the proposal and the use of rail to bring in the materials. al Alice Anderson , Johnstown resident, opposed this proposal because Martin Marietta is not being a good neighbor as they only notified those required by the County code, are reluctant to answer questions, made no offers to purchase any residences on the adjacent site borders, expressed no interest to purchase bonds, and they are promoting their business and their client interests over the wellbeing of the individuals already living in the area. In response to Commissioner Conway, Ms. Anderson stated she was not aware of receiving any additional answers. Egl Dino DiTullio, Ft. Collins resident, stated they have been a landlord for Martin Marietta for ten years in a different location and they have been model operators by being accountable, proactive and getting things done above and beyond the scope of expectations. He emphasized the fear of the unknown may be greater than the reality; a rail line next to a vacant field should expect impactful development; and the need for the materials is evident. In response to Commissioner Moreno, he stated issues are immediately addressed . In response to Commissioner Cozad , he confirmed there is just gravel mining at the location he has owned for 2015-2510 PL2360 HEARING CERTIFICATION - WELD LV, LLC , AND GERRARD INVESTMENTS , LLC, CIO MARTIN MARIETTA (USR15-0027) PAGE 16 eight years. In response to Commissioner Conway, he stated he is developing the adjacent property to residential and they are filling up with no complaints. Ea Eric Wingerson , Johnstown resident, stated he is opposed based on air pollution and site selection . He reviewed the health hazards and the alternative sites and recommended Martin Marietta find a different location . L14 Troy McWhinney, Johnstown resident, stated he is in support of the proposal because of the location , the growth in northern Colorado, and the commitment to use rail and get trucks off the road which will lower costs . He further mentioned Scott Erhlich had to leave ; however, he is also in support of the proposal. Lj Melanie Slaughter, Johnstown resident, stated she is opposed and asked the Commissioners if they are 100% sure the proposed plant will not be detrimental to the neighbors in any of the ways she listed for the record and if they are not sure, they should vote no. al Gary Rath , Greeley resident, stated they own a lot in Coyote Ridge with plans to build and they are opposed to Martin Marietta. He provided a video with audio of the daily operations of a similar site as the one being proposed to operate 24 hours a day, with only a chain link fence and a berm that will not mitigate. k1 Chad Niesent, Wellington resident, stated he is in support of the proposal and gave an extensive history of family members having worked for Martin Marietta and stated not one family member has had health related issues. Brad Thomas, Johnstown resident, stated he is opposed to the proposal and reminded the Board that every surrounding community is opposed . �/� Curt Burgener, Loveland resident, stated he is the owner of a trucking company and is in support of the project with over 350 trucks working between Weld County, Larimer County and Southern Wyoming . He stated Martin Marietta is a good customer and having the facility centrally located will make materials easier to get. In response to Commissioner Cozad, he stated his company travels everywhere to get materials to customers. In response to Commissioner Conway, Mr. Burgener explained the cost of hauling materials by truck. C Sue Thomas , Johnstown resident, stated she is opposed because of the odor of hot asphalt that she and her neighbors will be smelling constantly and she explained the use of odor rangers, devices that mix pure air with an odor and dilute it down to a specific standard . She requested that the Board consider requiring the 2: 1 dilution standard because of the proximity to the neighborhood . She requested the Board visit the Taft Hill location to witness the very noticeable odors and expressed her concern of not being able to live in her home because the 2015-2510 PL2360 HEARING CERTIFICATION - WELD LV, LLC, AND GERRARD INVESTMENTS , LLC , C/O MARTIN MARIETTA (USR15-0027) PAGE 17 smell nauseates her. In response to Commissioner Moreno, Ms. Thomas stated she was invited to the open houses, other than that, no contact. Jason Waldo, Wellington resident, stated he owns Waldo Trucking and is in support of Martin Marietta as his trucks haul their material all over northern Colorado. He expressed his frustrations with the shortage of product and additional costs, and said that Martin Marietta is a strict customer as they inspect the trucks and make sure the rules are followed . Janet Ross, Loveland resident, stated she has a farm in the area and is opposed to the facility because of the drainage issues and the potential for overflow into her field . She said currently the pipe goes under the road, fills up with silt, and then overflows in their field where they currently have cattle and horses . In response to Commissioner Conway, Ms. Ross requested the hours of operation not be 24/7, and she suggested 6:00 a. m . to 6: 00 p. m . , with perhaps half days on Saturdays and closed on Sundays. a Tony Fiore, Greeley resident, stated he supports the proposal and came to dispel that living in an industrial zone is detrimental to the public's health . V John Wallace, Johnstown resident, stated he is opposed to the proposal based on visual incompatibility to the neighborhood . Tom Peterson, Elizabeth resident, stated he is the director of the Colorado Asphalt and Pavement Association and in support of this proposal . He reiterated that Martin Marietta is an industry leader, very accurate, concerned about quality, supports safety, and operates at the highest standards with state-of-the-art equipment. He also stated there is an ongoing demand for the products. 21 Tammy Brown, Johnstown resident, stated she is opposed based on traffic congestion , smell of asphalt, noise of train cars being unloaded, and trucks parked back-to-back for 16 miles. She expressed the facility needs to be built elsewhere to prevent a heavy industry plant being a welcome site to Greeley. Randy Gustafson , Ft. Collins resident, stated he is not affiliated with Martin Marietta ; however, he is a neighbor of the asphalt plant on Taft Hill and he supports the proposal. He reported that he has not smelled the plant in the six years they have lived there and that Martin Marietta has been a good neighbor offering community meetings, addressing any concerns and working with the neighbors. In response to Commissioner Cozad , Mr. Gustafson stated there have been quarterly meetings continually for the last ten years that he knows of. In response to Commissioner Conway, he stated he has not had problems with dust or odors; however, there is a lot of truck traffic with aggregate coming and going . G Ellen Kisker, Johnstown resident, stated she is opposed based on anticipated decreases in property values and the loss of quality of life when financial resources are affected. 2015-2510 PL2360 HEARING CERTIFICATION - WELD LV, LLC , AND GERRARD INVESTMENTS, LLC, 0/O MARTIN MARIETTA (USR15-0027) PAGE 18 1 Carol Pernicka, Johnstown resident, stated she opposes the proposal based on dust, described the various sources and tonnage potential from the proposed facility, and emphasized the invisible dust particulates that cause health hazards. She further mentioned the air pollution from the trains that may be idling for eight hours or more on the loops and there has been no mitigation offered for the noise or pollution from the trains . Sara Cassidy, Director of Public Affairs for Union Pacific Railroad for the Colorado and Wyoming Division , stated she is in support of the application and wanted to make herself available regarding any questions . She clarified that the rail is capable of handling the train traffic that would service this facility and also reviewed the safety standards. In response to Commissioner Cozad , Ms. Cassidy explained the benefits to using rail in comparison to trucks. In response to Commissioner Conway, Ms. Cassidy stated there are federal guidelines for noise and emissions regarding idling trains and it does not seem from the operations plan that the trains will be idling much at the facility. a Jeff Kroeger, Johnstown resident, stated he is a licensed architect and opposed to the project based on the visual impact and screening which is not adequate due to the difference in elevation. He expressed his frustrations and concluded no level of landscaping can mitigate the visual impact the community will experience. In response to Commissioner Cozad, Mr. Kroeger stated the maintenance of screening should not be placed on the adjacent landowners. k;J Jack Mount, Greeley resident, stated he supports Martin Marietta based on the economic benefit from the locational standpoint to pull trucks off of the County roads. In response to Commissioner Cozad , Mr. Mount responded that farmers use aggregate in various ways. Gary Gettman , Greeley resident, stated he is opposed and concerned regarding the train traffic and delays that may cause in Greeley, Evans and LaSalle. O Craig Wilson, Johnstown resident, stated he is opposed to the proposal from the standpoint of being a physician for 39 years and listed several health issues that may be caused or aggravated by the potential pollution. a Frank Piacentino, Johnstown resident, stated he is opposed due to the heavy industrial Use in this area, which does not meet the County code, is not compatible, and screening will not mitigate. He also stated his home has been for sale since November with six interested buyers quickly becoming uninterested once they knew about the proposed facility, so it does affect property values, and he respectfully asked the Board to deny the application . �r`1 Vicki Wilson, Johnstown resident, stated she is opposed due to the potential health and safety issues related to dust and pollution. She strongly urged the Board to uphold the decisions of the Planning Commission and the staff of Weld County, deny the application and encourage Martin Marietta to move to a true industrial area 2015-2510 PL2360 HEARING CERTIFICATION - WELD LV, LLC, AND GERRARD INVESTMENTS, LLC, 0/O MARTIN MARIETTA (USR15-0027) PAGE 19 Clint Liniger, Johnstown, stated he is a professional truck driver with 25 years of experience and he understands what effects a truck fleet has on a community. From a driver's perspective, he is opposed based on traffic congestion, lack of infrastructure, merge lanes lacking distance for speed , railroad tracks, and lanes for acceleration are not adequate. He clarified he is not against Martin Marietta or growth , just the location . Chair Kirkmeyer recessed the hearing at 5:22 p. m. Li Chair Kirkmeyer reconvened the hearing at 5:27 p. m . Larry Sipes, Johnstown resident, stated he is opposed to the proposal based on incompatibility with the Weld County Code and the decisions made by Planning Staff and Planning Commission . P ' Garret Varra, Longmont resident, stated Martin Marietta is a competitor; however, he supports the proposal based on the aggregate shortage. U Roxanne Chrisman , Johnstown resident, stated she is opposed and will be referring to Exhibit BU regarding the diminished aggregate supply being used as a scare tactic. P t Paul Worrel , Johnstown resident, stated he is an audio engineer and opposed based on noise and he pointed out two factual errors from the applicant stating the distance and topography make it difficult to mitigate. In response to Commissioner Conway, Mr. Worrel stated there has been an audible noise increase with increased traffic and he suggested ideas for further mitigation efforts. Judith Feyen , Loveland resident, stated she is opposed due to concerns regarding traffic, and other industrial companies wanting to build in the area which would cause an increase of pollution of all types in the area. She also stated it was zoned residential surrounded by agriculture, not industrial. k Barbara Moe , Loveland resident, stated she is strongly opposed and wanted to enjoy her retirement at her home; instead she is facing an invasion of diesel trucks 24/7 and her retirement will become a nightmare and family subjected to health risks. Lastly, she stated there is no way to mitigate 2,000 trucks per day and asked that the facility be located somewhere else. J Dennis Moe, Loveland resident, stated he is opposed and very concerned regarding the traffic light that will be installed and the backup of semi-trucks in front of his house with the diesel , odor, noise and dust. 2015-2510 PL2360 HEARING CERTIFICATION - WELD LV, LLC , AND GERRARD INVESTMENTS , LLC, C/O MARTIN MARIETTA (USR15-0027) PAGE 20 .'-- Vicki Betten, Johnstown resident, stated she is opposed and asked that the Board recommend Martin Marietta find another location. She also expressed concern about the property values decreasing . In response to Commissioner Conway, Ms. Betten suggested a fund to compensate for the 40% loss in property values and the she asked that fire safety be addressed . Lori Horn , Johnstown resident, stated she is opposed and frustrated because they were not notified and her concerns include the noise and lack of mitigation to include night time noise levels which will cause sleep deprivation and related health issues. She stated Martin Marietta would not return her phone calls. �'_.l Dale Horn , Johnstown resident, stated he is opposed and concerned for everyone being affected by this negative impact. '` Anita Comer, Johnstown resident, stated she is opposed because she owns a business in the area and is concerned her trucks will not be able to access the highways due to truck traffic from Martin Marietta . She conveyed the traffic congestion is already bad and will tip to disastrous by adding , 000 trucks. She stated her business relies on the ability to move product and this facility does not belong in this area. Silencia Cox, Ft. Collins resident, stated she is one of the owners of Motherlove Herbal Company located 400 yards from the proposed site and making products for breastfeeding mothers with organic herbs as the main basis of alt the products. She is greatly concerned there could be heavy metal contaminants , which will hinder their strong mission to be natural. In response to Chair Kirkmeyer, Ms. Cox indicated the location on the map and that the farm is 120 acres certified organic. In response to Commissioner Cozad , Ms. Cox confirmed there are traditional crops in the area using herbicides and pesticides . R.J . Ottaviano, Johnstown resident, stated he opposes this facility because he is the farm manager of the organic farm and is concerned about the possibility of heavy metals being blown and deposited on their land and possibly getting into the water supply as well . He addressed the issue of aerial sprays and herbicides used by other farmers in the area and stated this happens on a scheduled basis and they can track it and address it. In response to Commissioner Conway, he stated they are in the third year of five year lease and if Martin Marietta moves in they will most likely move out. In response to Commissioner Moreno, Mr. Ottaviano stated the dust from the pollution of an asphalt plant is different from plowing . V.-.1 Jenny Duer, Ft. Collins resident, stated she is the quality control manager for the Motherlove Herbal Company and is opposed to the asphalt plant and its known contaminated byproducts . She explained the detrimental effects this facility will have on their business as they are heavily regulated by the FDA and USDA with rigorous inspections and testing . In response to Commissioner Conway, Ms. Duer explained the laws and different market expectations (both international and national) and the loss that would be incurred. In response to Chair Kirkmeyer, 2015-2510 PL2360 HEARING CERTIFICATION - WELD LV, LLC , AND GERRARD INVESTMENTS, LLC , CIO MARTIN MARIETTA (USR15-0027) PAGE 21 Ms . Duer stated 25% of their product is sold internationally and 75% is sold within the USA, with California being the largest buyer. a Chair Kirkmeyer recessed the hearing for a short dinner break at 6: 15 p. m . [a Chair Kirkmeyer reconvened the hearing at 6:47 p. m. Tom Lord, Johnstown resident, stated he is opposed and has been to all the meetings and conveyed the biggest problem is there is no adequate separation or any plan to provide any protection for the area neighborhood, and he does not understand why Martin Marietta could not choose another site. 1? ] Chair Kirkmeyer invited Mr. Kisker back to the podium for the opportunity to share mitigation ideas with the Board per Commissioner Conway's request. k . Mr. Kisker expressed the mitigation recommendations offered by the opposition neighborhood group, CLR-34 NA, to address traffic, visual impact, noise, odor, emissions, operating hours, height limit of structures, creation of a bigger buffer zone, enclosing the asphalt and concrete plants, visual screening of aggregate piles, compensation for risks and impacts that cannot be mitigated such as a reclamation fund , victims' compensation for health issues, property value compensation fund for currents residents within 5 miles, and procuring a significant amenity to offset the negative effects ($20 million) . %= Ms. White stated there were documents to be submitted as exhibits to the County Attorney and for each Commissioner to include suggested changes to the draft resolution , three additional letters of rebuttal , and Ms. White also reminded the Board that the experts were present to answer any questions and to present different aspects of the rebuttal . She pointed out a few of the additional Development Standards created by Martin Marietta for further mitigation and the change to the hours of operation . Patrick Groom , attorney representative for Gerrard Investments, LLC, explained the plan to purchase the parcel from Weld LV, LLC , and then enter into a long term lease with Martin Marietta and continue to own the property . He stated it is significant that the landowner will be responsible and continue to monitor Martin Marietta. He reviewed the reasons for this proposal and shared the history of Gerrard Excavating experiencing a lack of aggregate and the choice of Martin Marietta as the tenant. He reminded the Board that Martin Marietta has made numerous concessions already and that compatibility means different uses can be mitigated to coexist and also pointed out that part of the land will be left as natural grasses. 6."1 Ms. White introduced David Hagerman and explained he will be addressing questions regarding site selection and why this site is best for all involved with minimal impact. 2015-2510 PL2360 HEARING CERTIFICATION - WELD LV, LLC , AND GERRARD INVESTMENTS , LLC, C/O MARTIN MARIETTA (USR15-0027) PAGE 22 L David Hagerman, regional VP for Martin Marietta Aggregates Group, began by explaining why the other sites were not feasible. He reported the Milliken site is currently zoned Industrial ; however, the uses do not include their type of operation, the rail portion would have to be built in the floodplain , there are two subdivisions being developed on adjacent properties, and traffic would have to travel through Milliken. He ruled out the Evans and Ault locations because of the added cost for transportation to get the product to market and the Greeley site does not allow for development of the rail spur to accommodate the trains needed . He reviewed the Northern rail corridor and Kodak, would not be beneficial for access to 1-25 or transportation through Windsor. In response to Commissioner Conway, He explained the Greeley site area that has been mined will be turned into water storage and the space left is not large enough for a rail loop. He further explained the issues with traveling through Windsor. In response to Commissioner Moreno, Mr. Hagerman stated Martin Marietta has researched for three years to find the right site. Fernando Del Monte, Civil and Geotechnical Engineer Consultant for Martin Marietta, addressed the reason for not needing to install a clay liner due to sufficient soil characteristics being mostly impermeable. He further addressed the concerns regarding the preservation of ditch water and the underground clay pipes taking irrigation water to the reservoir and the removal of chemicals from the water. Mr. Del Monte explained the use of magnesium chloride for dust suppression is a better choice than using water, and that magnesium chloride also works as a binding agent causing the sediment to get caught in the detention pond and all runoff will pass through the detention pond prior to release off-site. In response to Commissioner Conway, he explained the SPCC plan and how these are mandated and the presence of oils and greases are typical of any development. In response to Commissioner Cozad , Mr. Del Monte stated the clay pipes mentioned are over 100 years old and he has not located all of the pipes . He also clarified that there are secondary containment measures planned for the fuel storage. In further response to Commissioner Cozad , he stated there is an open ditch that runs through the middle of the site that will be modified to continue irrigation and the site grading has been done in such a way to maintain the flow and not impact irrigation practices. Lastly, he communicated the ground water levels are from two to six feet. In response to Commissioner Conway, Mr. Del Monte verified the audit is signed off by a professional engineer. Ms. White interjected that the Greeley plant located at 35th Avenue has almost all the same operations as the proposed site. The discharge is tested and there has never been a violation . In response to Chair Kirkmeyer, she can find out when the Taft Hill facility was permitted. L'= Dr. Dave Stewart addressed the concerns regarding the air permits and stated it is a requirement that the facility meet the national and state quality standards. He also addressed the concerns regarding the metal particulates associated with any emissions from the facility and clarified the processes of dispersion and diffusion in relation to these very small percentages. He reminded the Board that the soils of Colorado already contain higher percentages of these metals than what would be dispersed from this site and again, the facility must meet the requirements of the Environmental Protection Agency regarding all emissions. 2015-2510 PL2360 HEARING CERTIFICATION -- WELD LV, LLC , AND GERRARD INVESTMENTS, LLC , O/O MARTIN MARIETTA (USR15-0027) PAGE 23 U 1 Dr. Scott Phillips stated he is a physician specializing in internal medicine and medical toxicology, and an associate professor at the University of Colorado, and a faculty member of the Rocky Mountain Poison and Drug Center. He has spent his entire career dealing with toxicology, seeing patients , publishing hundreds of articles , and eight or nine textbooks and he clearly stated his reputation is all he has and he would not allow anyone to sway his opinions or comments. He further stated it is necessary to separate emotion from medical facts and in his professional opinion , there is nothing from this site or the other sites that would cause any chronic health problems. In response to Commissioner Conway, Dr. Phillips stated that Dr. Stewart is the person to address the concerns of the organic farm. ?= Dr. Stewart stated the risk mechanisms include availability to the organic plant and it has to be the right Ph balance. He clarified the risk is very low due to the distance from the asphalt facility and he reminded the Board that the presence of these metals are 100 times greater already in the natural state of the soil . In response to Commissioner Conway, Dr. Stewart described the three ways of measuring particulates and stated the metal particulates would come from the asphalt plant which has filters that take out toxic emissions and the State requires these emissions be tested and reported before permitting . If they are not in compliance, they will be given a period to come into compliance. He verified the emissions are regularly tested and required to re-permit every five (5) years which is dependent on satisfactory results. In response to Chair Kirkmeyer, he clarified the permitting requirements, compliance standards, and stated even if the standards are stricter, the filters are already keeping these emissions much lower than the requirement. Lastly, he verified the metals would be less than one percent from the air in comparison to what is already in the soil . NiMs. White followed up with the information as requested by Chair Kirkmeyer and stated the Taft site was permitted in the 1960's. She further addressed the concerns regarding noise and clarified without mitigation it would still meet the requirements; however, Martin Marietta has submitted to further noise mitigation and in response to Chair Kirkmeyer, she displayed a slide and clarified the daytime and nighttime noise measurements at various points along the adjacent boundaries with mitigation . In response to Commissioner Conway, Mr. Brewer clarified the mitigated noise level Martin Marietta was proposing would be similar to a normal conversation. Ms. White reviewed the noticing process and the answers provided to the neighborhood opposition group. She pointed out the funding requests from the neighborhood totaled $75, 000, 000. 00. She explained how many notices were sent out, to whom , and for which meetings and added more details regarding the landscape fund for property owners in excess of the landscaping Martin Marietta already has planned for the site. Pam Flora, Tetra Tech, clarified the mailings were not certified , they were sent by regular mail service. �J In response to Chair Kirkmeyer, Ms. White clarified the landscape fund is for any adjacent property owners, not just Indianhead Estates , and she explained the fund would be managed by a collaborative community work group that would also be a forum for issues that may arise . In 2015-2510 PL2360 HEARING CERTIFICATION - WELD LV, LLC, AND GERRARD INVESTMENTS , LLC , O/O MARTIN MARIETTA (USR15-0027) PAGE 24 response to Commissioner Conway, she agreed this would be a formalized forum to discuss potential solutions in an ongoing manner. al Gene Coppola stated he has 44 years of traffic engineering experience and clarified the 3: 1 ratio should not be used as a factor to determine the traffic or congestion but only for storage lane equation; he was misquoted as saying there is no difference between cars and trucks. He clarified that he has worked with COOT and Janet Lundquist regarding the facts presented. He explained the difference is noticed with acceleration and deceleration and will require longer acceleration and deceleration lanes. He explained the arguments regarding the time delays with the traffic light proposed by Martin Marietta, the additional lanes and improvements being proposed , the improvements surrounding the railroad crossings , and the levels of service. In response to Commissioner Conway, Ms. Lundquist stated a signal light is an intermediate solution, then an interchange later on when traffic increases to a certain point. In response to Chair Kirkmeyer, Mr. Coppola stated it depends on where the trucks need to go. Ms . White interjected the Improvements Agreement is the control mechanism if traffic counts demonstrate a greater than 5% proportion of traffic is headed south , then the County has the ability to require that Martin Marietta pay for and complete those additional improvements. She clarified the traffic counts do include proposed retail traffic and that any development at this site will generate traffic, and she reiterated the proposed traffic counts generated by Martin Marietta . Jim Marshall , Railpros, stated his background is 35 years with Union Pacific doing public projects. He clarified a PUC application is required for the widening of Highway 34. In response to Commissioner Cozad , he stated if changes are needed there will be a solution . R. Karen Hinkenson , Traffic Engineer for Union Pacific, stated based on diagnostics she does not see a problem with widening or any other necessary changes to the rail crossings. `l Ms. White wrapped up her rebuttal with supporting statements in regard to various sections of the Weld County Code reiterating reasons of compatibility and mitigation measures for the citizens of the County and that the proposal is consistent with Chapter 22 of the Weld County Code. She explained why it is not feasible to change the height of the buildings to 55 feet. In response to Commissioner Conway, she explained it is not feasible to enclose the asphalt plant; however, the concrete plant is enclosed . She further reiterated the location is optimal because of the rail , there is no proposed change of zone, it is compatibile with future development, Martin Marietta is going to take care of the traffic signal and possible road improvements, and there is adequate provision for the protection of the health, safety, and welfare of the citizens and the inhabitants of the county. Ea. In response to Commissioner Cozad , Ms. White stated Martin Marietta has already made an effort to significantly reduce the number of hours of operation and reducing them any more would be detrimental to operations. In response to Chair Kirkmeyer, she explained standard operations and the occasional need to operate outside those hours. 2015-2510 PL2360 HEARING CERTIFICATION - WELD LV, LLC, AND GERRARD INVESTMENTS, LLC, C/O MARTIN MARIETTA (USR15-0027) PAGE 25 L,j Mr. Hagerman explained there are certain instances that require a continuous pour which would require starting earlier but not before 3:00 a. m. In response to Chair Kirkmeyer, he agreed that starting at 3: 00 a . m . requires shutting down for the day at 7:00 p. m. In response to Commissioner Conway, Mr. Hagerman reviewed the hours of operation at the Greeley Plant. In response to Chair Kirkmeyer, he explained the restrictions at that site and the schedule difference between the summer hours and winter hours . 1d In response to Commissioner Cozad , Mr. Hagerman clarified what materials will be brought in by rail, the potential hours the train might arrive, and that the unloading activities would not take place until the normal hours of operation. He further explained it is typical for the asphalt plant to be closed from late October until late March. Mr. Hagerman explained Martin Marietta is open to discussing modifications regarding aesthetics; however, there are safety concerns with completely enclosing the asphalt plant. In response to Chair Kirkmeyer, Mr. Hagerman reviewed the emergency action plans and clarified Martin Marietta has never had an asphalt plant fire at any location . In response to Commissioner Cozad, Mr. Hagerman discussed the State permit reclamation requirements. He also noted this site is to be a permanent location for at least 40-50 years. Ms. White interjected the property is leased by Martin Marietta and owned by Gerrard Investments and there are also provisions in the lease regarding reclamation responsibilities . UJ In response to Chair Kirkmeyer, Mr. Groom stated Martin Marietta is obligated through the lease agreement to restore the property to the condition prior to operation . v In response to Chair Kirkmeyer, Mr. Hagerman stated Martin Marietta is willing to look at putting in a larger fence, and in certain areas, consider a more decorative fence. Mr. Stewart explained the extent Martin Marietta is proposing for odor control and explained a wastewater plant uses chemicals to deaden the sense of smell while an asphalt plant removes the odor. In response to Commissioner Freeman, Mr. Stewart explained the use of the certified nose ranger, stated the current standard in Colorado is 7: 1 and confirmed the goal is the smell not be present at that ratio . 1 In response to Chair Kirkmeyer, Mr. Del Monte explained the drainage coming onto the site will be routed around the site so that any natural drainage does not come into contact with the developed portions of the site. Historic drainage patterns have been maintained. In response to Commissioner Moreno, Ms. White explained both operational lighting and safety and security lighting and mentioned that Martin Marietta reduced the height of the light poles to 25 feet from 35 feet to meet the requirements for dark sky ordinances, and the other component is the light needs to be directional , meaning it must shine down to the ground. In response to Commissioner Conway, Mr. Hagerman clarified the security light comes on with motion sensors with the intent to minimize the amount of night lighting, and he explained the lighting at the Greeley site. 2015-2510 PL2360 HEARING CERTIFICATION - WELD LV, LLC, AND GERRARD INVESTMENTS , LLC , 0/O MARTIN MARIETTA (USR15-0027) PAGE 26 a In response to Commissioner Conway, Ms. Lundquist explained why she is questioning Martin Marietta's statements to control directional trip distribution and pointed out alternative routes and traffic triggers for improvements. She verified it will be clearer when operation begins. Commissioner Cozad countered Ms. Lundquist's approximation and supported the applicant's efforts to perform and present the traffic analysis further stating these assumptions can be controlled with the Improvements Agreement if/when increased traffic triggers improvements. Ms . Lundquist stated her numbers are a result of meeting with Public Works Engineering , CDOT, and Larimer County and they all came to the conclusion that the probability of directional trip distribution would more likely represent the 75/25 breakdown and she clarified various triggers for improvements . Commissioner Cozad asked why these options would not be more suitably added to the Improvements Agreement instead of requiring them up front. Ms. Lundquist stated for the sake of transparency these items need to be addressed and perhaps could be mitigated in the conditions regarding haul routes. L 1 In response to Commissioner Cozad , Ms. Aungst stated she does not know why Weld County was not part of the Intergovernmental Agreement and this site is not in the planning area for Windsor or their growth expansion area. She further stated staff took the referrals into consideration and based on incompatibility with the area it is located in , recommended denial . In response to Chair Kirkmeyer, she stated referrals were sent to adjacent communities. In further response to Commissioner Cozad , she stated staff did review the compatibility regarding rail and the area it is located . Ms. Lundquist replied the improvements are based on triggers of additional traffic volume for the Traffic Signal as a first response and an interchange later when the volume increases to a point to require it. Mr. Brewer stated he is a certified Nose Ranger and there are four who are certified and the instrument itself is certified annually. In response to Commissioner Conway, Mr. Brewer stated there have been no complaints regarding odor from any asphalt plant in Weld County since 2001 . In response to Commissioner Freeman , Ms. Lundquist clarified the 3% truck traffic currently on U . S . Highway 34. In response to Commissioner Conway, she estimated the increase would be approximately 8.4% and that is assuming 100% of their traffic travels to Highway 34. In response to Chair Kirkmeyer, she confirmed the current total traffic count is 42 ,000 with approximately 1 , 300 truck trips. i In response to Chair Kirkmeyer, Ms. Aungst stated the map referred to was created by Martin Marietta and when staff reviewed the existing land uses within a quarter mile to a half mile of the site, and in respect of the current agricultural zoning and limited industrial zoning , which according to Windsor means commercial, and in combination with the Master Plan from Johnstown, the culmination resulted in the recommendation of denial based on incompatibility. 1] Commissioner Moreno stated he does not see that it is not compatible. 2015-2510 PL2360 HEARING CERTIFICATION - WELD LV, LLC, AND GERRARD INVESTMENTS , LLC, C/O MARTIN MARIETTA (USR15-0027) PAGE 27 a Commissioner Cozad suggested the acceptance of the modified Condition of Approval (COA) #1 . 0 with proposed language from the Department of Public Works including the additional language from the applicant. She recommended accepting the modified COA #1 . E , keeping COA #1E. 1 through 5, but removing COA #1 . E. 6 and 7 and adding these to the Improvements Agreement. [j In response to Commissioner Conway, Ms. Lundquist suggested the paving and turn lanes will immediately be triggered and Martin Marietta will be required to pay for their portion of the improvements. She further suggested there be a requirement to restrict the haul route from the gravel portions , which may reduce the applicant's responsibility for paving certain portions. She explained the triggers for paving. r 1?-5 Chair Kirkmeyer requested the deletion of COA #1 . E. 6 and 7 and add language specific to haul routes and triggers regarding auxiliary lanes as a part of COA #1 .A as a part of the requirements of the Improvements Agreement. Ms . Lundquist verified the CDOT requirements and Chair Kirkmeyer recommended changing the wording of COA #1 . D to read: "shall attempt to address the requirements". . . and deleting the word: "concerns". Ms. Aungst clarified the referral requests per Larimer County. Chair Kirkmeyer suggested the deletion of COA #1 .G based on the Improvements Agreement. She further requested the deletion of COAs #1 . H through K. Ms. Aungst concurred. Chair Kirkmeyer suggested the word , "must" be changed to "should" on COA #1 . M . 11 . Chair Kirkmeyer requested verbiage be added to create a new COA #6. B regarding the emergency action plan. P-1. 2,i Chair Kirkmeyer suggested striking from Development Standard (DS) #6: "24 hours a day, seven days a week; however, Martin Marietta will operate under". . . and "restrictions". Commissioner Cozad requested more specific language on DS #6. B.2 and Chair Kirkmeyer suggested removing the last sentence and the word "generally" from the second sentence. She further suggested a change to DS #24 based on mitigation to reflect the Residential Zone instead of the Industrial Zone. Chair Kirkmeyer requested the Board revisit COA #1 . M . 5 regarding additional landscaping , fencing and screening requirements. Commissioner Conway suggested the additional wording include the consultation with the Community Work Group. G Bruce Barker, County Attorney, stated typically if it is not included as a condition , it may not happen . Chair Kirkmeyer suggested the following language: "Landscaping/screening shall include, at a minimum, decorative fencing in key areas as agreed upon with the Community Work Group. " Mr. Barker recommended the language be added as a second sentence to COA #1 . M . 5. Chair Kirkmeyer recommended the addition of a Decommissioning Plan . Mr. Barker suggested language. Chair Kirkmeyer recommended it be placed under COA #6, and 2015-2510 PL2360 HEARING CERTIFICATION -- WELD LV, LLC , AND GERRARD INVESTMENTS, LLC , C/O MARTIN MARIETTA (USR15-0027) PAGE 28 Ms. Aungst read the language for the Emergency Action Plan, as COA #6. B, and the Decommissioning Plan would then be COA #6.C. 1c - Chair Kirkmeyer requested discussion regarding new language reflecting the height of and appearance of site buildings . Mr. Barker suggested this new language be added to the Improvements Agreement. [21 Commissioner Cozad suggested a follow up to discuss the termination of the USR if the Lease is terminated . Chair Kirkmeyer directed the Board to review the suggested new Development Standards proposed by Martin Marietta beginning with discussion regarding the Community Work Group. The Board agreed to finalize the language to read : "Martin Marietta will establish and operate a Community Work Group that meets at least quarterly and will be comprised of a representative group of surrounding neighbors and Martin Marietta officials. A list of the participating members shall be submitted to the Department of Planning Services. " Further, the Board agreed to language regarding the Landscape Fund for an additional DS to read : "Martin Marietta will set up a $100, 000. 00 landscaping fund in escrow to be managed by the Community Work Group to fund landscaping for installation on the lots of adjacent landowners with views of the facility. Under no circumstances is Weld County obligated to manage or fund the landscaping fund. " _ Chair Kirkmeyer suggested additional language be added regarding the Noise Monitoring Plan. Mr. Barker suggested adding the following language to DS #24 instead of creating an additional DS: "The applicant shall submit a Noise Mitigation Plan to the Department of Public Health and Environment which shall include Noise Monitoring at the borders of the property to ensure compliance with the standards set forth. " Chair Kirkmeyer suggested the last two suggested Development Standards be combined to read : "Martin Marietta 's asphalt plant will operate with vertical liquid AC storage tanks, carbon filters, and an emission capturing system. Martin Marietta must have a certified nasal ranger at the site while the asphalt plant is operating. " The Board agreed to the suggested additions and renumbering accordingly. Mr. Barker reminded the Board to revisit COA #1 .A to address the additional language for the Improvements Agreement regarding building limitations to read: "The Improvements and Road Maintenance Agreement shall include requirements and possible height limitations and appearance of buildings on the site, consulting with the Community Work Group established by the applicant. " - Ms. Lundquist requested a minor change to COA #1 .A.2, the second sentence will read: "A southbound right turn lane will be required when 25 vehicles per hour turn right onto CR 54 during a peak hour " And, she suggested the deletion of CR 54 from the list of roads in COA #1 .C. 2015-2510 PL2360 HEARING CERTIFICATION - WELD LV, LLC , AND GERRARD INVESTMENTS, LLC , C/O MARTIN MARIETTA (USR15-0027) PAGE 29 �'- Chair Kirkmeyer recessed the hearing at 10: 00 p. m. for a short break. [' Chair Kirkmeyer reconvened the hearing at 10:08 p. m . ral Ms . Lundquist stated over the break it was pointed out the need to add CR 15 to the list of roads on COA #1 .C. P.= Ms. Aungst suggested the addition of the Mineral Resource Statement in light of the recent code change requiring such . It would become a new DS #39. The Board concurred. Va In response to Chair Kirkmeyer, Ms. White requested a copy of the changes be given to the landowner's representative for their review. Chair Kirkmeyer invited Mr. Groom to state that for the record. Patrick Groom , representative for Gerrard Investments, stated he would like a copy of the proposed resolution to review the changes that may affect the landowner. Chair Kirkmeyer requested staff get him a copy. P In response to Chair Kirkmeyer, Ms. White requested the Board consider changes to include alternative language for DS #6. B. 2 to match DS #6.A. 2 and to include an allowance for the Ready Mix Concrete Plant hours of operation reflecting up to three (3) times per month during the months of March through October to begin operations earlier than daylight hours but not earlier than 3:00 a. m. The Board agreed to these changes with the added Development Standard #6. B. 3 to include the allowance for the Ready Mix Concrete Plant for up to three (3) times per month during the months of March through October, to begin operations earlier than daylight but not before 3:00 a. m. , and to include the requirement of notifying the Planning Department when there is an exception to the hours of operation as described herein . Ms. White also requested a language change to DS #24 regarding the maximum permissible noise levels to specify residential standards applying only to lots adjacent to residential and allowing industrial standards to apply to adjacent industrial lots, measured at the respective adjacent property. The Board agreed. a Mr. Groom requested a change to the last sentence of COA #1 .A to read : "The Improvements and Road Maintenance Agreement shall include requirements and possible height limitations and appearance of buildings on the site based on consultation by the applicant with the Community Work group, established by the applicant. " The Board agreed . He reported another concern with COA #1 . M . 5 and suggested the following change: "Landscaping/screening shall include at a minimum decorative fencing in key areas based upon the applicant's consultation with the Community Work Group. " The Board concurred. Mr. Groom requested that the last sentence of COA #6. B read, "The applicant shall submit evidence of acceptance to the Department of Planning Services. " The Board accepted this change . Lastly, Mr. Groom requested DS #34 be clarified so that the landscape fund is to be managed by both Martin 2015-2510 PL2360 HEARING CERTIFICATION - WELD LV, LLC , AND GERRARD INVESTMENTS, LLC, CIO MARTIN MARIETTA (USR15-0027) PAGE 30 Marietta and the Community Work Group to reflect consultation with the applicant. The Board agreed . Ia Ms. White, on behalf of Weld LV, LLC , and Gerrard Investments, LLC , c/o Martin Marietta , stated they have all reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as amended. Commissioner Moreno stated it has been a long day, thanked everyone for being present for the process and stated he will be making a motion . Chair Kirkmeyer agreed it has been a very long day and thanked everyone for coming , whether a supporter or an opponent, as it is a very important part of the process that the public participate. She clarified the State statute to approve the Use if the applicant has substantially proven the criteria . She reviewed the number of conditions and development standards and mitigation measures and stated she will support the application based on Weld County Code Section 23-2-230. B. 1 requiring consistency with Chapter 22 . She clarified the specifics of protecting a private property owner's right to convert their agricultural lands to other uses. She clarified the Right to Farm Statement does not mean it is an obligation to farm. She further listed Goal A/ regarding protecting land use change and supporting commercial and industrial uses; Goal A.8 regarding the availability to accommodate the requested land use change; and Goal A. 9 regarding reducing conflict between various land uses in the conversion of traditional agriculture lands to other uses. She further stated there is already new development bringing change to the corridor. Chair Kirkmeyer stated she supports the mitigation and landscaping efforts to be put into place and can also relate to living next to other uses. She further mentioned this Use agrees with Industrial Goal 1 ; and, Goal 1 . 3 regarding transportation infrastructure; Goal 1 .4 regarding new industrial development will pay its own way, which Martin Marietta has demonstrated; and lastly she stated the entire corridor is already industrialized and commercialized which makes this a good fit for the area. For those reasons, Chair Kirkmeyer stated she will be supporting the application . 1 Commissioner Conway thanked everyone for participating in the process as it has been beneficial . He thanked the applicant for incorporating additional measures of mitigation that go above and beyond what was requested by Code criteria . He further explained the Board's job is to separate the emotion from the science and facts and although it has been controversial , he stated his agreement with the comment that the fear is sometimes greater than the reality. He reiterated the public's participation has impacted the process, and he shared his personal experience of living in close proximity to the Greeley Asphalt Plant. Commissioner Conway also reiterated the fact that since 2001 , there have been zero complaints regarding odor or noise at any asphalt plant in Weld County and that he was satisfied with the Board's mitigation and the establishment of a Community Work Group. Commissioner Conway stated growth doesn't happen without the needed materials and he will be supporting the motion. P Commissioner Freeman also thanked the public for their attendance and stated he agreed with Commissioner Conway regarding mitigation. He also shared his personal experience of 2015-2510 PL2360 HEARING CERTIFICATION - WELD LV, LLC , AND GERRARD INVESTMENTS , LLC , 01O MARTIN MARIETTA (USR15-0027) PAGE 31 living in close proximity to other uses. He further stated this is an industrial area that will continue to grow in industrial and commercial uses. Commissioner Freeman stated the Board did a good job of mitigating and he will be supporting the application. Commissioner Cozad concurred with fellow commissioners regarding prior comments and stated the rail line that goes to the site runs through her backyard . She expressed her desire for growth and additional jobs. She also reiterated the requirement that if the applicant proves the satisfaction of criteria, the Use must be approved . Commissioner Cozad shared she has been reviewing the letters, and there is a public process that has to happen. She listed A. Goal 7 and A. Policy 7. 1 , regarding supporting commercial and industrial uses and agriculture is dependent on these products, the importance of Railroad infrastructure, and compatibility with future land uses in the area. Commissioner Cozad emphasized the Conditions of Approval and the Development Standards make this more compatible. She also reported there has been talk for several months regarding planning on the Highway 34 corridor and it is moving forward . She stated she has gone to several Johnstown Town Board meetings and encouraged them to procure a Coordinated Planning Agreement so that these cases can be referred back to the municipality, but without that agreement in place the County has to process and vote on these proposals. For the reasons mentioned , she stated she will also be supporting the motion . Commissioner Moreno moved to approve the request of Weld LV, LLC , and Gerrard Investments , LLC , c/o Martin Marietta, for an Amendment to a Site Specific Development Plan and Use by Special Review Permit, USR15-0027 (formerly known as USR- 1584) for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or industrial Zone Districts (construction business with two shop buildings, office buildings, and outdoor storage) 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 to include a Mineral Resource Development Facility, including asphalt and concrete batch plants (materials processing) and transloading in the A (Agricultural) Zone District, with the Conditions of Approval and Development Standards as amended and entered into the record. The motion was seconded by Commissioner Freeman. Commissioner Conway encouraged the opposition to get involved with the Community Work Group. The motion carried unanimously. There being no further discussion, the hearing was completed at 11 :08 p. m . 2015-2510 PL2360 HEARING CERTIFICATION - WELD LV, LLC, AND GERRARD INVESTMENTS , LLC, 01O MARTIN MARIETTA (USR15-0027) PAGE 32 This Certification was approved on the 17th day of August, 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY4lJ/7 ( Lt/ COLORADO ATTEST: dmidiet � u• � O!��'C., C �'1C�t Barbara KirkmeChair Weld County Clerk t the Board k B reeman , Pro-Tem Dep y Clerk to the Board - C, (7 0 don, ism t P. onway O � �'' i -��'''�Cozad EXCUSED DATE OF APPROVAL Steve Moreno 2015-2510 PL2360 %.1 \< XI - O Z a. * � 0 O w t i l.e - L < y • !.i. cm?: z ,c-_,, ts. ,---. \. __ f; ___,) ,..ci v. ‹..i --a r, ill ,c, 2 Lal * 4 .? (-. •-.Z ..... , _ -:..., izzl.. ,‘ a • M (7) k 0 & '-' ,N i ._. 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