HomeMy WebLinkAbout20082265.tiff INVENTORY OF ITEMS FOR CONSIDERATION
• Applicant Anderson Properties, LLC Case Number AMUSR-1501
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
Department of Planning Services Field Check Form X
Letter to Applicant X
Legal Notifications X
�• 2 Application X
Maps X
Deed/Easement Certificate
Surrounding Property/Mineral Owners X
Utilities
3 Referral List X
Referrals without comment X
Weld County Sheriffs Office referral received June 30, 2008
4 Referrals with comments X
• Weld County Department of Public Works referral received 5/28/2008 X
+ Weld County Department of Public Health and Environment referral received X
6/13/2008(3 pages)
Weld County Zoning Compliance Officer referral received 5/19/2008 X
City of Greeley referral received June 10, 2008 X
5 Surrounding Property Owners/Mineral Owners -Letters
'N' 6 PC Exhibits
6A Sign posting affidavit LI:Li butde, 1(Amroa4it) X
(~sJLt..4wrn (,L.ua Pac¢ty Au, rh,tnrna.P -raa[jcr X
I hereby certify that the 9 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled
Planning Commissioners hearing.
Chris Gathman + Planner
• EXHIBIT
2008-2265 1 A
Anusi 4,9,
• 1a*
lliDc LANDSUMMARY SHEET
ON
COLORADO
Planner: Chris Gathman
Case# : AMUSR-1501 Hearing Date: August 5, 2008
Applicant: Andersen Properties, LLC
Address: 1490 E. 8th Street, Greeley, CO 80631
Request: A Site Specific Development Plan and Amended Special Review Permit for a business
permitted as a use by right or an accessory use in the Industrial Zone District(Railroad car
loading area for recyclable materials from Andersen's Salvage Yard) in the A(Agricultural)
Zone District
Legal
Description: Part of the E2 of Section 29,Township 6 North, Range 65 West of the 6th P.M.,Weld County,
Colorado
Location: A mile north of"O"Street(County Road 64),approximately 600 feet east of County Road 39
Y:and approximately 430 feet west of County Road 41
• Parcel #: 0803 29 100001 Parcel Size: 9.084 +/-acres
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received responses from the following agencies:
• Weld County Zoning Compliance, referral received 5/19/2008
• Weld County Department of Public Health and Environment, referral received 6/13/2008
• Weld County Department of Public Works, referral received 5/28/2008
• Weld County Sheriff's Office, referral received 6/20/2008
• City of Greeley, referral received 6/10/2008
The Department of Planning Services' staff has not received responses from the following agencies:
• Eaton Fire Protection District
• Eaton Draw Ditch Company
• West Greeley Soil Conservation District
EXHIBIT
• AMUSR-1501 Andersen Properties LLC 1
• if SPECIAL REVIEW PERMIT
vise ADMINISTRATIVE REVIEW
COLORADO
Planner: Chris Gathman
Case# : AMUSR-1501 Hearing Date: August 5, 2008
Applicant: Andersen Properties, LLC
Address: 1490 E. 8'h Street, Greeley, CO 80631
Request: A Site Specific Development Plan and Amended Special Review Permit for a business
permitted as a use by right or an accessory use in the Industrial Zone District(Railroad car
loading area for recyclable materials from Andersen's Salvage Yard) in the A(Agricultural)
Zone District
Legal
Description: Part of the E2 of Section 29,Township 6 North, Range 65 West of the 6th P.M.,Weld County,
Colorado
Location: %mile north of"O"Street(County Road 64),approximately 600 feet east of County Road 39
/z and approximately 430 feet west of County Road 41
• Parcel #: 0803 29 100001 Parcel Size: 9.084 +/-acres
Summary:This application proposes to amend an existing USR(USR-1501)to add a railroad spur and allow
up eighteen (18)railcars on site at any given time for loading of processed, ready-to-ship recycled materials
collected at the Andersen's Sales and Salvage, Inc. property.
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST 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 Department of Planning Services'staff that the applicant has shown compliance
with Section 23-2-220 of the Weld County Code as follows:
a. Section 23-2-220.A.1 --The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect. Section 22-2-60.D (A.Goal 4) states, "Conversion of
agricultural land to nonurban residential, commercial and industrial uses will be accommodated
when the subject site is in an area that can support such development. Such development shall
attempt to be compatible with the region." This site contains an existing railroad spur for
unloading of railroad cars and is screened by fencing.
b. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)Zone
District.Section 23-3-40.R of the Weld County Code provides for a Use by Right, an Accessory
Use,or a Use by Special Review in the Industrial Zone District as a Use by Special Review in the
A (Agricultural) Zone District. Conditions of approval ensure that the Use by Special Review
• AMUSR-1501 Andersen Properties LLC 2
• boundary is removed from the R-1 (Residential)Zone District.
c. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.Vacant Agriculturally zoned properties lie to the north;Agricultural zoned
property lies to the south with Hungenberg Produce to the southwest. 1-3(Industrial)zoning lies
along the Highway 85 corridor to the west of the site.Single family residences are located to the
east adjacent to County Road 41. Conditions of Approval and Development Standards require
stockpiles of recycled material to be fully screened from surrounding properties and road rights-
of-way.The existing site is already screened by opaque fencing under USR-1501. A maximum
of eighteen railcars is proposed to be parked at this site at any given time under this request.
d. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The
proposed use is located within the 3-mile referral area for the City of Greeley. In a referral
response dated June 10, 2008 the City of Greeley indicated no concerns nor recommended
conditions of approval for this application.
e. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code.A
portion of the site along the eastern boundary lies within the flood overlay district. Floodplain
requirements were addressed through conditions of approval for the original USR(USR-1501).
A drainage study has been provided for the site.
Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the County Road Impact Program. (Ordinance 2002-11)
• 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.
(Ordinance 2005-8 Section 5-8-40)
f. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. The agricultural value of the
property is limited by its size, shape and changing elevations.
g. Section 23-2-220.A.7--The Design Standards(Section 23-2-240,Weld County Code),Operation
Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development
Standards ensure that there are adequate provisions for the protection of health, safety, and
welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services'staff recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The access width requirement for emergency equipment(fire department)is usually 20-feet.The
applicant should verify and provide the Department of Public Works with written documentation
from the local fire department/emergency services that the width of the access and lane is
adequate for emergency response purposes. (Department of Public Works)
• AMUSR-1501 Andersen Properties LLC 3
B. The applicant shall submit a dust abatement plan for review and approval, to the Weld County
•
Department of Planning Services for review and approval by Environmental Health Services,
Weld County Department of Public Health&Environment and Weld County Department of Public
Works. The dust abatement plan shall include an alternate plan to crushed concrete if there are
related dust complaints. (Departments of Public Health and Environment and Public Works)
C. The applicant shall submit a waste handling plan, for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health& Environment. Evidence of
Department of Public Health & Environment approval shall be submitted to the Department of
Planning Services. The plan shall include at a minimum, the following:
1. A list of wastes which are expected to be generated on site(this should include expected
volumes and types of waste generated).
2. A list of the type and volume of chemicals expected to be stored on site.
3. The waste handler and facility where the waste will be disposed(including the facility name,
address, and phone number). (Department of Public Health and Environment)
D. An individual sewage disposal system is required (a vault system with a handwash station is an
option) and shall be installed according to the Weld County Individual Sewage Disposal
Regulations.
E. The applicant shall provide evidence of an approved permanent water source (North Weld
County Water District). (Department of Public Health and Environment)
F. The plat shall be amended as follows:
• 1. All pages of the plat shall be labeled AMUSR-1501. (Department of Planning Services)
2. The attached Development Standards shall be shown on the plat.(Department of Planning
Services)
G. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld
County Department of Planning Services. (Department of Planning Services)
2. Upon completion of 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 Department of Planning Services' Staff. 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.(Department
of Planning Services)
4. The Department of Planning Services respectively 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(a?co.weld.co.us. (Department of Planning Services)
• AMUSR-1501 Andersen Properties LLC 4
• 5. Prior to issuance of building permits:
A. A stormwater discharge permit may be required for a development/redevelopment/construction
site where a contiguous or non-contiguous land disturbance is greater than or equal to one acre
in area. Contact the Water Quality Control Division of the Colorado Department of Public Health
and Environment at www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department
of Public Health and Environment)
6. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and
Recorder. (Department of Planning Services)
•
• AMUSR-1501 Andersen Properties LLC 5
• SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Anderson Properties, LLC
AMUSR-1501
1. The Site Specific Development Plan and Special Use Permit is for a business permitted as a use by
right or an accessory use in the Industrial Zone District (Railroad car loading area for recyclable
materials from Andersen's Salvage Yard) in the A (Agricultural) Zone District, and subject to the
Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the County Road Impact Program.(Ordinance 2002-11)(Department of Planning Services)
4. 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.(Ordinance
2005-8 Section 5-8-40)
5. The landscaping/screening on site shall be maintained in accordance with the approved
Landscape/Screening Plan. (Department of Planning Services)
6. The off-street loading spaces shall be surfaced with gravel, asphalt, or concrete and shall be graded
to prevent drainage problems. Each space should be equipped with wheel guards where necessary to
prevent vehicles from extending beyond the boundaries of the space and from coming into contact with
• other vehicles, walls, fences, or plantings. (Department of Public Works)
7. The designated haul route is from the existing Andersen Salvage site west on State Highway 263,north
on U.S. Highway 85, east on"O"Street, north of County Road 39.5,and east to the railroad car loading
area. (Department of Public Works)
8. All liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and Facilities Act,30 20 100.5,
C.R.S., as amended)shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
9. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and
Facilities Act, 30 20 100.5, C.R.S., as amended. (Department of Public Health and Environment)
10. Waste materials shall be handled,stored,and disposed in a manner that controls fugitive dust,fugitive
particulate emissions, blowing debris, and other potential nuisance conditions. (Department of Public
Health and Environment)
11. The applicant shall operate in accordance with the approved "waste handling plan". (Department of
Public Health and Environment)
12. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved dust abatement plan at all times. (Department of Public
Health and Environment)
13. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25 12 103 C.R.S., as amended. (Department of Public Health and Environment)
• AMUSR-1501 Andersen Properties LLC 6
• 14. Adequate handwashing and toilet facilities shall be provided for employees. A conventional septic
system or a permanent vaulted restroom facility(similar to a rest area or park service)shall be provided
for employees. (Department of Public Health and Environment)
15. North Weld County Water District is able and intends to provide water service to the site. (Department
of Public Health and Environment)
16. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department
of Public Health & Environment, Water Quality Control Division. (Department of Public Health and
Environment)
17. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
18. A building permit shall be obtained prior to the construction of any new building.(Department of Building
Inspection)
19. A plan review is required for each building for which a building permit is required. Plans will require a
wet stamp of a Colorado registered architect or engineer. (Department of Building Inspection)
20. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. (Department of Building Inspection)
21. Fire resistance of walls and openings, construction requirements, maximum building height and
allowable areas as well as occupancy classification will be reviewed at the plan review stage.
(Department of Building Inspection)
• 22. A letter of approval from Union Colony Fire/Rescue Authority is required prior to the issuing of building
permits. (Department of Building Inspection)
23. All construction or improvements occurring in the flood plain as delineated on Federal Emergency
Management Agency FIRM Community Panel Map 080266 0628 C dated September 28, 1982, shall
comply with the Flood Hazard Overlay District requirements of Chapter 23, Article V, Division 3 of the
Weld County Code.
24. As indicated in application materials no more than 18 rail cars shall be on the site at one time.
(Department of Planning Services)
25. The operation shall be conducted from 8 AM to 5 PM Monday through Friday.(Department of Planning
Services)
26. As indicated in application materials no more than 2 track hoes shall be on the site at one time for
loading material into the rail cars. (Department of Planning Services)
27. Tractor-trailer trucks used to haul material to the site shall not be parked on site. (Department of
Planning Services)
28. As indicated in application materials no more than 5 employees shall be on the site at one time.
(Department of Planning Services)
29. The property owner or operator shall be responsible for complying with the Design Standards of Section
23-2-240, Weld County Code.
30. The property owner or operator shall be responsible for complying with the Operation Standards of
411 AMUSR-1501 Andersen Properties LLC 7
Section 23-2-250, Weld County Code.
• 31. Weld County 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.
32. The 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.
33. 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.
I
• AMUSR-1501 Andersen Properties LLC 8
DEPARTMENT OF PLANNING SERVICES
• NORTH OFFICE
918 10TH Street
GREELEY, CO 80631
0631
PHONE: (970)353-6100, Ext. 3540
KitFAX: (970) 304-6498
■
C.
COLORADO
August 20, 2008
Anderson Properties, LLC
c/o Dean Anderson
1490 E 8'h Street
Greeley CO 80631
Subject: AmUSR-1501- Request for a Site Specific Development Plan and Amended Use by Special Review Permit
for a Use Permitted as a Use by Right or Accessory Use in the Industrial Zone District(railroad car loading
area for recyclable materials from Anderson's Salvage Yard)in the A(Agricultural)Zone District on a parcel
of land described as Part E2 Section 29,T6N, R65W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
• I have scheduled a meeting with the Weld County Planning Commission on August 5,2008,at 1:30 p.m. This meeting
will take place in the Hearing Room,Greeley Planning Department,918 10'"Street,Greeley,Colorado. A subsequent
hearing will be held on August 20,2008 at 10:00 a.m., in the Chambers of the Board of County Commissioners,Weld
County Centennial Center, 915 10'h Street, First Floor, Greeley, Colorado. It is recommended that you and/or a
representative be in attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute,C.R.S.24-65.5-103(adopted as part of H.B.01-1088)requires notification of all mineral estate
owners 30 days prior to any public hearing. The applicant has provided the Weld County Planning Department with
written certification indicating the above requirements have been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the
hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing
time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign
will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway
(access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County
Planning Commission and will be included in the packets one week priorto the scheduled Planning Commission Hearing.
If you have any questions concerning this matter, please call.
Respectfully,
•
Chris Gathman
Planner
•
• •
DEPARTMENT OF PLANNING SERVICES
rat L3/4-- NORTH OFFICE
918 10TH Street
• GREELEY, CO 80631
PHONE: (970) 353-6100, Ext. 3540
111k.
COLORADO
May 16, 2008
Anderson Properties, LLC
do Dean Anderson
1490 E 8th Street
Greeley CO 80631
Subject: AmUSR-1501- Request for a Site Specific Development Plan and amended Special Review
Permit for a use by right or accessory use in the Industrial zone district(railroad car loading area
for recyclable materials from Anderson's Salvage yard) in the A (Agricultural) Zone District on a
parcel of land described as Part E2 Section 19, T6N, R65W of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
Your application and related materials for the request described above are being processed. I will schedule
a meeting with you to discuss the referrals after we have received them.
• Once the concerns and requirements of the referral agencies have been met or the applicant has shown an
attempt to meet their concerns and requirements, a Planning Commission Hearing will be scheduled.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the
property or if the property is located within the comprehensive planning area of a town or municipality.
Therefore, our office has forwarded a copy of the submitted materials to the Greeley Planning Commission
for their review and comments. Please call Greeley at 970-350-9770 for further details regarding the date,
time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the
Greeley Planning Commission meeting to answer any questions the Commission members may have with
respect to your application.
If you have any questions concerning this application, please call.
Respectfully, ') 7
/1)//jui‘o
Chris Gathman
Planner
•
• PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS July 26, 2008. THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT
ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT
OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON
THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY
(ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, CHRIS GATHMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE
SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING
COMMISSIONERS HEARING FOR AMUSR-1501 IN THE A (AGRICULTURAL) ZONE
DISTRICT.
CHRIS GATHMAN
Name of Person Posting S'gn
WD
Signature of Person Posting Sign
STATE OF COLORADO
) ss.
COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me this/ day f , 2008.
WITNESS my hand and official seal.
iQllfek
Notary Public
BILLIE J. MOORE
JJ��))J Ohl NOTARY PUBLIC
My Commission Expires: C` { �ll l ',^TATE OF COLORADO
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• FIELD CHECK inspection date: /26/2008
APPLICANT: Andersen Properties, LLC CASE#: AMUSR-1501
REQUEST: A SSDP &Special Review Permit for a business permitted as a use by right or an
accessory use in the Industrial Zone District(Railroad car loading area for recyclable
materials from Andersen's Salvage Yard) in the A(Agricultural)Zone District
LEGAL: Part of the E2 of Section 29, Township 6 North, Range 65 West of the 6'h P.M., Weld
County, Colorado
LOCATION: /2 mile north of"O" Street(County Road 64), approximately 600 feet east of County Road
39 'A and approximately 430 feet west of County Road 41
PARCEL ID#: 0803 29 100001 ACRES: +/-9.084 Acres
Zoning Land Use
N A N Cropland
E A E Single family residences (approx. '/< mile east)
S A S Industrial Uses
W A W Industrial uses to the SW & Ag land to the NW
. COMMENTS:
Existing operations. Railroad spur and offloading area that is completely gated and screened on all sides
Chris�n - PTanner II
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