HomeMy WebLinkAbout20082979.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1670 FOR A SOLID WASTE DISPOSAL SITE AND FACILITY (RECYCLING
FACILITY/TRANSFER STATION) IN THE A (AGRICULTURAL) ZONE DISTRICT -
LOWELL-PAUL DAIRY, INC., C/O NORTHERN COLORADO DISPOSAL
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 12th day of
November, 2008, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Lowell-Paul Dairy, Inc., 14332 County Road 64, Greeley, Colorado
80634, c/o Northern Colorado Disposal, Attn: Don Frei, 337 East 8th Street, Greeley, Colorado
80631, for a Site Specific Development Plan and Use by Special Review Permit#1670 for a Solid
Waste Disposal Site and Facility (recycling facility/transfer station) in the A (Agricultural) Zone
District, on the following described real estate, being more particularly described as follows:
Lot A of Recorded Exemption #449; being part of
Section 33, Township 6 North, Range 66 West of the
6th P.M., Weld County, Colorado
WHEREAS, said applicant was present and represented by David Peek of Drexel, Barrell
and Company, 6513 West 4th Street, Greeley, Colorado 80634, at said hearing, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS,the Board of County Commissioners heard all of the testimony and statements
of those present, studied the request of the applicant and the recommendation of the Weld County
Planning Commission and all of the exhibits and evidence presented in this matter and, having
been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has shown
compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.B.1 --The proposed use is consistent with Chapter 22 and
any other applicable Code provisions or ordinance in effect.
Section 22-2-60.B (A.Goal 2) states, "Conversion of agricultural land to
urban scale residential, commercial, and industrial uses will be considered
when the subject site is located inside an approved Intergovernmental
Agreement area, Urban Growth Boundary area, Mixed Use Development
area or Urban Development Node,or where adequate services are currently
available or reasonably obtainable. This goal is intended to address
conversion of agricultural land to minimize the incompatibilities that occur
2008-2979
PL1991
�Gc, //L(-y) y&L, /t E7� %�-//-C�8
SPECIAL REVIEW PERMIT#1670-LOWELL-PAUL DAIRY, INC.,C/O NORTHERN COLORADO
DISPOSAL
PAGE 2
between uses in the A(Agricultural)Zone District and other zoned districts
which allow urban uses. In addition, this goal is expected to contribute to
minimizing the costs to County taxpayers of providing additional public
services in rural areas for uses that require services on an urban scale."
This proposed use is located within the Urban Growth Area of the City of
Greeley and will provide recycling services for trash generated
predominately by urban scale residential and commercial areas in the
County.
b. Section 23-2-230.B.2--The proposed use is consistent with the intent of the
A (Agricultural) Zone District. Section 23-3-40.1 of the Weld County Code
provides for Solid Waste Disposal Sites and Facilities (recycling
facility/transfer station) as a Use by Special Review in the A (Agricultural)
Zone District.
c. Section 23-2-230.8.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. Single family residences, along
with industrial uses associated with the railroad, are located approximately
one-eighth(1/8)of a mile west of the site. Single family residences are also
located approximately one-eighth (1/8)to one-quarter(1/4)of a mile east of
the site. Existing railroad tracks and undeveloped land, with the exception
of an oil and gas production facility, are located south of the site.
Agricultural land is located north of the site. The applicants are proposing
to install a six-foot privacy fence along the perimeter of the property for
screening purposes. A Landscaping and Screening Plan will be required as
a Condition of Approval for this proposal to ensure compatibility with the
surrounding area.
d. Section 23-2-230.6.4--The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development, as projected by
Chapter 22 of the Weld County Code, and any other applicable Code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The proposed facility is located within the Urban Growth
Boundary and three-mile referral area for the City of Greeley. The municipal
limits of the City of Greeley are located immediately to the northeast and
east (59th Avenue) of the facility. The City of Greeley, in the referral
received September 30, 2008, recommended approval of this Use by
Special Review Permit, as long as the City's comments are satisfactorily
addressed. The City of Greeley requirements include: 1) screening of the
site with opaque fencing and landscaping, 2) dedication of right-of-way for
future expansions of O Street and 59th Avenue, 3) submittal of evidence
that the building meets City of Greeley design standards, and 4) that the
emergency access onto 59th Avenue be gated at all times.
e. Section 23-2-230.B.5--The application complies with Chapter 23,Article V,
of the Weld County Code. Effective January 1, 2003, building permits
2008-2979
PL1991
SPECIAL REVIEW PERMIT#1670-LOWELL-PAUL DAIRY, INC.,C/O NORTHERN COLORADO
DISPOSAL
PAGE 3
issued on the proposed lots will be required to adhere to the fee structure
of the County-Wide Road Impact Fee Program. Effective August 1, 2005,
building permits issued on the proposed lots will be required to adhere to the
fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
f. Section 23-2-230.6.6 --The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. Section 22-2-60.1 (A.Goal 9) states, "The minimum lot size of parcels
in the A (Agricultural) Zone District should remain at eighty (80) acres to
encourage parcels large enough to retain viable farming operations or to
accommodate modern agricultural equipment and irrigation practices." The
site is only six (6) acres in size, which limits its feasibility to be used for
farming operations.
g. Section 23-2-230.6.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the Weld
County Code), Conditions of Approval, and Development Standards ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
h. Section 23-4-380 -- Solid waste sites and facilities or hazardous waste
disposal sites.
1) Certificates of Designation for Solid or Hazardous Waste Disposal
Sites and Facilities, as required by the Colorado Revised Statutes
and Code of Colorado Regulations, shall not be deemed approved
until, or unless, a Use by Special Review Permit has been approved
by the Planning Commission or the Board of County Commissioners
where required by this Chapter. The Board shall be guided in its
review of a Certificate of Designation by State statute and
regulations contained in Colorado Revised Statutes and Code of
Colorado Regulations. A Certificate of Designation is not required
for this facility.
2) Applicants for activities reviewed pursuant to Chapter 23, Article II,
Division 4, for any Solid Waste Sites and Facilities or Hazardous
Waste Disposal Sites shall have the burden of proof to demonstrate
that there is a need for the facility within the proposed area of
service, and the Planning Commission and Board of County
Commissioners shall be satisfied that a need exists as part of the
determinations for any such permit.
3) The applicant has demonstrated compliance with supplementary
regulations and criteria applying to Solid Waste Disposal Sites. The
application states that 239 residential trash trucks will be accessing
the site monthly,with 57 anticipated loads leaving the facility headed
2008-2979
PL1991
SPECIAL REVIEW PERMIT#1670-LOWELL-PAUL DAIRY, INC., C/O NORTHERN COLORADO
DISPOSAL
PAGE 4
for the landfill and 28 loads transferred to other facilities for
recycling. This would result in an anticipated reduction of 182 loads
headed for the landfill.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Lowell-Paul Dairy, Inc., do Northern Colorado Disposal,
fora Site Specific Development Plan and Use by Special Review Permit#1670 fora Solid Waste
Disposal Site and Facility(recycling facility/transfer station)in the A(Agricultural)Zone District, on
the parcel of land described above be, and hereby is, granted subject to the following conditions:
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) O Street is a major arterial road, which requires a 140-foot
right-of-way at full buildout. There is presently a 60-foot
right-of-way. A total of 40 feet of additional right-of-way (70 feet
from centerline in total) shall be dedicated to Weld County on the
plat. This road is maintained by Weld County. Pursuant to the
definition of SETBACK in Section 23-1-90 of the Weld County Code,
the required setback is measured from the right-of-way line.
3) An additional 37.5 feet of right-of-way for 59th Avenue shall be
dedicated on this plat. This road is maintained by the City of
Greeley.
4) The approved Landscaping and Screening Plan.
5) The approved Lighting Plan, if applicable.
6) A minimum 60-foot turning radius shall be indicated.
7) A total of 28 parking spaces shall be indicated on the plat, per
Appendix 23-B of the Weld County Code. At least one parking
space shall meet the requirements of the Americans with Disabilities
(ADA)Act.
8) One off-street loading space shall be indicated on the plat, per
Section 23-4-50 of the Weld County Code.
9) The emergency access gate shall be indicated.
10) The plat shall be labeled USR-1670.
2008-2979
PL1991
SPECIAL REVIEW PERMIT#1670-LOWELL-PAUL DAIRY, INC.,C/O NORTHERN COLORADO
DISPOSAL
PAGE 5
B. The Operations Plan, submitted in the application materials, shall be
amended to address the comments of the Colorado Department of Public
Health and Environment, Hazardous Materials and Waste Management
Division, dated October 9, 2008. This amended plan shall then be
submitted to, and approved by, the Hazardous Materials and Waste
Management Division and the Weld County Department of Public Health
and Environment. Evidence of such shall be provided to the Department of
Planning Services.
C. A Fugitive Particulate Emissions Control Plan (Dust Control Plan) shall be
submitted to, and approved by, the Weld County Department of Public
Health and Environment. Evidence of such shall be provided to the
Department of Planning Services.
D. The applicant's Operations Plan shall demonstrate that all process
wastewater will be collected and disposed of in accordance with the
Colorado Water Quality Control Commission and U.S. Environmental
Protection Agency Regulations. Evidence of such shall be provided to the
Department of Planning Services.
E. The facility's Fire Protection Plan shall be approved by the Union Colony
Fire Rescue Authority and be included in the Operations Plan. Evidence of
such shall be provided to the Departments of Public Health and Environment
and Planning Services.
F. The applicant shall attempt to address the requirements of the City of
Greeley, as outlined in the referral received September 30, 2008. Written
evidence of such shall be provided to the Department of Planning Services.
H. The applicant shall address the requirements of the Department of Planning
Services Landscape referral, dated September 5, 2008. Written evidence
of such shall be provided to the Department of Planning Services.
The applicant shall address the requirements of the Department of Public
Works, as outlined in the referral dated October 6, 2008. Written evidence
of such shall be provided to the Department of Planning Services.
J. The applicant shall provide evidence to the Department of Planning Services
that they have addressed, or made a good faith effort to address, the
requirements and conditions of the City of Greeley, as stated in Exhibit 12,
submitted at the Planning Commission hearing on November 4, 2008.
K. The applicant shall submit a Private Improvements Agreement According to
Policy Regarding Collateral for Improvements and post adequate collateral
for transportation (access drive, parking areas, etcetera) and
non-transportation (landscaping, screening, and drainage) improvements.
The applicant shall submit an itemized landscaping bid to the Department
2008-2979
PL1991
SPECIAL REVIEW PERMIT#1670-LOWELL-PAUL DAIRY, INC.,C/O NORTHERN COLORADO
DISPOSAL
PAGE 6
of Planning Services for review. The agreement and form of collateral shall
be reviewed by County staff and accepted by the Board of County
Commissioners prior to recording the plat, or, the applicant may submit
evidence that all the work has been completed and approved by the
Departments of Planning Services and Public Works.
L. The applicant shall submit an Improvements Agreement that addresses the
timing and scope of the applicant's participation in paying the costs of
improvements to the intersection of County Road 64 and 59th Avenue
based upon the applicant's proportional share of current traffic counts taken
at the time of intersection upgrades.
M. The applicant shall submit two (2) paper copies of the plat, for preliminary
approval, to the Weld County Department of Planning Services.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit a
Mylar plat, along with all other documentation required as Conditions of Approval.
The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code.
The Mylar plat and additional requirements shall be submitted within thirty(30)days
from the date of the Board of County Commissioners Resolution. The applicant
shall be responsible for paying the recording fee.
3. The Department of Planning Services respectfully requests the surveyor provide a
digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo
Coverages and Arclnfo Export files format type is .e00. The preferred format for
Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent
to maps@co.weld.co.us.
4. Prior to release of building permits:
A. A building permit application must be completed and two sets of complete
plans, including engineered foundation plans, must be issued prior to the
start of construction.
B. A letter from the Union Colony Fire Rescue Authority shall be provided
indicating whether or not a Fire District permit is required.
5. Prior to operation:
A. The applicant shall submit evidence to the Weld County Department of
Public Health and Environment, and the Colorado Department of Public
Health and Environment, Hazardous Materials and Waste Management
Division,demonstrating the recycling facility was constructed in accordance
with the approved design.
2008-2979
PL1991
SPECIAL REVIEW PERMIT#1670-LOWELL-PAUL DAIRY, INC.,C/O NORTHERN COLORADO
DISPOSAL
PAGE 7
6. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat is
ready to be recorded in the office of the Weld County Clerk and Recorder.
The above and foregoing Resolution was, on motion duly made and seconded,adopted by
the following vote on the 12th day of November, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
'`c
k Gs✓
ATTEST: �� T Y`loll
i Iasi t W' iam H. Jerke, Chair
Weld County Clerk to r
". 4.1\
f \/ (i ,�. j' Robert D. Masde Pro-Tern
BY: / ��`
Deputy Cler o the Board L
William F. Garcia
OVED AS/T2S F#4.7 EXCUSED
David E. Long
County torney _ e,11, e , 1 jr �
Douglas Rademach
Date of signature: /a
2008-2979
PL1991
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LOWELL-PAUL DAIRY, INC.
CIO NORTHERN COLORADO DISPOSAL
USR #1670
1. The Site Specific Development Plan and Use by Special Review Permit#1670 is for a Solid
Waste Disposal Site and Facility (recycling facility/transfer station) in the A (Agricultural)
Zone District, as indicated in the application materials on file and subject to the
Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
3. The hours of operation shall be from 6:00 a.m., to 6:00 p.m., Monday through Friday, and
occasional Saturday mornings.
4. The facility shall have a maximum of twenty (20) employees.
5. The emergency access point onto 59th Avenue shall remain gated at all times and shall
only be used in an emergency situation. This emergency access shall not become a
long-term access point but, rather, only as long as needed to make the main access
functional again.
6. The property owner or operator shall comply with the applicable sections of the Regulations
Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2) and operate in
compliance with the approved Operations Plan.
7. The facility shall comply with the approved Fire Protection Plan and any additional
requirements of the Union Colony Fire Rescue Authority.
8. Volume records shall be maintained, which include solid waste processed, solid waste
shipped for disposal, and the amounts and types of materials shipped for recycle. An
annual report shall be submitted to the Weld County Department of Public Health and
Environment, and the Colorado Department of Public Health and Environment, Hazardous
Materials and Waste Management Division, by May first of each year.
9. Only residential and commercial solid waste may be accepted at this facility. No medical
waste, hazardous waste, special wastes, asbestos waste, contaminated soils, or
demolition/construction wastes may be accepted for processing.
10. All material received at the facility shall be processed within 24 hours. After processing, all
solid waste shall be stored in closed containers. After processing, all recyclable materials
shall be stored under cover on an impervious surface or in closed containers.
11. The property owner or facility operator shall notify the Weld County Departments of Public
Health and Environment and Planning Services, and the Colorado Department of Public
Health and Environment in the event of any deviations from, or proposed changes to, the
facility's Operations Plan or Fire Protection Plan.
2008-2979
PL1991
DEVELOPMENT STANDARDS - LOWELL-PAUL DAIRY, INC., C/O NORTHERN COLORADO
DISPOSAL (USR#1670)
PAGE 2
12. No permanent disposal of wastes shall be permitted at this site.
13. Any liquid or solid wastes,as defined in the Regulations Pertaining to Solid Waste Disposal
Sites and Facilities, as promulgated by the Solid Waste Disposal Sites and Facilities Act,
Title 30, Article 20, part 1, C.R.S., shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
14. The facility shall be operated and maintained in a manner to prevent nuisance conditions
from the attraction, breeding, and emergence of birds, rodents, insects, and other vectors.
Additional control measures shall be implemented at the request of the Weld County
Department of Public Health and Environment.
15. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility
shall comply with the approved Fugitive Dust Control Plan.
16. The maximum permissible noise level shall not exceed the Light Industrial limit of 70
decibels (dB(A)), as measured according to Section 25-12-102, C.R.S.
17. There shall be no shredding, melting, grinding, or other secondary material processing.
18. Exhaust removal systems shall be installed in enclosed areas and for dust producing
processes and equipment.
19. Visible stack emissions from exhaust removal and material processing shall not exceed 20
percent opacity(measured in accordance with EPA Reference Method 9). There shall be
no visible emissions from any building openings (measured in accordance with EPA
Reference Method 22).
20. In accordance with the Colorado Air Quality Control Commission, Regulation Number 2,
odor detected off the site shall not exceed the level of seven-to-one(7:1)dilution threshold.
21. The Colorado Department of Public Health and Environment, Weld County Department of
Public Health and Environment, and the public shall be provided with notification in the
event of temporary or permanent closure. Upon closure,the facility shall follow the Closure
Plan portion of the Operations Plan. All solid waste, wastewater, and recyclables shall be
removed and properly disposed of.
22. Waste materials, not specifically addressed by other Development Standards, shall be
handled,stored,and disposed of in a manner that controls fugitive dust, blowing debris,and
other potential nuisance conditions.
23. An Individual Sewage Disposal System(I.S.D.S.)is required to dispose of sewage from the
facility and must be designed by a Colorado registered professional engineer and in
accordance with Weld County I.S.D.S. Regulations. Any I.S.D.S. on the property shall be
permitted, installed, maintained, and operated in compliance with Weld County I.S.D.S.
Regulations. No process wastewater may be disposed of in this system.
2008-2979
PL1991
DEVELOPMENT STANDARDS - LOWELL-PAUL DAIRY, INC., C/O NORTHERN COLORADO
DISPOSAL (USR #1670)
PAGE 3
24. Process wastewater(such as floor drain wastes)shall be captured in a watertight vault and
hauled off for proper disposal. Records of installation, maintenance, and proper disposal
shall be retained.
25. The applicant shall obtain Stormwater Discharge Permit coverage from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
26. This facility shall comply with the laws, standards, rules, and regulations of the Water
Quality Control Commission, Air Quality Control Commission, Hazardous Materials and
Solid Waste Division, and any other applicable agency.
27. Pursuant to Chapter 15, Articles I and II, of the Weld County Code, if noxious weeds exist
on the property or become established as a result of the proposed development, the
applicant/landowner shall be responsible for controlling the noxious weeds.
28. Effective January 1, 2003, building permits issued on the proposed lots will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
29. Effective August 1, 2005, building permits issued on the proposed lots will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
30. The landscaping on the site shall be maintained in accordance with the approved
Landscape and Screening Plan.
31. The property owner acknowledges that mineral owners and lessees have real property
interests that entitle them to surface use in accordance with Colorado Revised Statutes and
applicable Colorado Oil and Gas Conservation Commission Regulations.
32. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
33. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
34. Weld County Government personnel shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Development Standards stated herein and all applicable Weld County regulations.
35. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards, as shown or stated, shall require the
approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
2008-2979
PL1991
DEVELOPMENT STANDARDS - LOWELL-PAUL DAIRY, INC., C/O NORTHERN COLORADO
DISPOSAL (USR #1670)
PAGE 4
36. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards
may be reason for revocation of the Permit by the Board of County Commissioners.
2008-2979
PL1991
Hello