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HomeMy WebLinkAbout20082264.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Mark Lawley, that the following resolution be introduced for approval by the Weld County Planning • Commission. Be it resolved by the Weld County Planning Commission that the application for CASE NUMBER: AmUSR-1501 APPLICANT: Anderson Properties, LLC PLANNER: Chris Gathman REQUEST: A Site Specific Development Plan and Amended Special Review Permit for a Use by Right or Accessory Use in the Industrial District(railroad car loading area for recyclable materials from Anderson's Salvage yard) in the A (Agricultural) zone District. LEGAL DESCRIPTION: Part E2 of Section 29,T6N, R65W of the 6'"P.M.,Weld County, Colorado. LOCATION: 1/2 mile North of O Street, east of CR 39.5 and west of CR 41. be recommended favorably to the Board of County Commissioners 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 Planning Commission 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 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.I-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 concems 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) EXHIBIT 2008-2264 1 4 us1e #15O/ Resolution AmUSR-1501 Anderson Properties, LLC Page 2 f. Section 23-2-220.A.6--The applicant has demonstrated a diligent effortto 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 Planning Commission 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) B. The plat shall be amended as follows: A. All pages of the plat shall be labeled AMUSR-1501. (Department of Planning Services) B. The attached Development Standards shall be shown on the plat. (Department of Planning Services) C. 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) 3. 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@co.weld.co.us. (Department of Planning Services) 4. 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) 5. 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) • 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) 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. 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) 16. 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) 17. A building permit shall be obtained prior to the construction of any new building. (Department of Building • Inspection) 18. 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) Resolution AmUSR-1501 Anderson Properties, LLC Page 4 19. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. • (Department of Building Inspection) 20. 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) 21. A letter of approval from Union Colony Fire/Rescue Authority is required prior to the issuing of building permits. (Department of Building Inspection) 22. 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. 23. As indicated in application materials no more than 18 rail cars shall be on the site at one time. (Department of Planning Services) 24. The operation shall be conducted from 8 AM to 5 PM Monday through Friday.(Department of Planning Services) 25. As indicated in application materials no more than 2 track hoes and 1 rail tug shall be on the site at one time for loading material into the rail cars. (Department of Planning Services) 26. Tractor-trailer trucks used to haul material to the site shall not be parked on site. (Department of Planning Services) 27. As indicated in application materials no more than 5 employees shall be on the site at one time.(Department of Planning Services) 28. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 29. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2- • 250,Weld County Code. 30. 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. 31. 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. 32. 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. Motion seconded by Paul Branham VOTE: For Passage Against Passage Absent Robert Grand Erich Ehrlich Roy Spitzer Bill Hall Doug Ochsner Nick Berryman • Tom Holton Paul Branham Mark Lawley The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. Resolution AmUSR-1501 Anderson Properties, LLC Page 5 CERTIFICATION OF COPY • I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,Colorado,adopted on August 5, 2008. Dated the 59'of August, 2008. Kristine Ranslem Secretary • s-5-- O' • In addition the Chair asked the Planning Commissioner members if any of them wish to pull this case from consent. No one wished to speak. The Chair moved onto the next case. He read it into record. CASE NUMBER: USR-1655 APPLICANT: Gerald&Beverly Ewing PLANNER: Chris Gathman REQUEST: A Site Specific Development Plan and a Special Review Permit for a Home Business(bullet casing business)in the A(Agricultural)Zone District. LEGAL DESCRIPTION: E2 SW4 of Section 29,T9N, R67W of the 6th P.M.,Weld County, Colorado. LOCATION: North of and adjacent to CR 100 and approximately 1/2 mile west of CR 17. The Chair asked Mr. Gathman if he wishes for this case to remain on consent. Mr. Gathman stated that he does. The Chair asked if the applicant was here and wishes for this case to remain on consent as well. The applicant indicated yes. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. No Planning Commissioners wished to pull this case from the consent agenda as well. The Chair continued to the last case on the consent agenda. He read the case into record. CASE NUMBER: USR-1656 APPLICANT: Great Westem Oil &Gas Company, LLC • PLANNER: Chris Gathman REQUEST: A Site Specific Development Permit and a Special Review Permit for oil and gas production facilities(two oil and gas wells-and any additional wells allowed by the Colorado Oil and Gas Commission drilled from the same pad along with a tank battery site)in the A(Agricultural)Zone District. LEGAL DESCRIPTION: Lot 4 of the NW4NW4 and Lot 1 of the SW4SW4 of Section 4,T5N,R65W of the 6th P.M.,Weld County, Colorado. LOCATION: Approximately 1,000 feet east of State Highway 85 and approximately 1,200 feet north of East 8th Street(State Highway 263). The Chair asked Mr. Gathman if he would like to have this case remain on consent. Mr.Gathman replied that he does wish to have this case remain on consent, however staff did receive a letter from a surrounding property owner and have created a condition of approval that would address their concerns. The Chair asked the applicant if they wish for this case to remain on consent. The applicant indicated yes. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. The Chair asked the Planning Commission members if they wish to pull this case from the consent agenda. No one wished to speak. Robert Grand moved to approve the Consent Agenda, including USR-1660, USR-1655, and USR-1656 and that they be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards along with the Planning Commission's recommendation of approval, seconded by Tom Holton. The Chair continued with the Hearing Items and read the following case into record. t • m CASE NUMBER: AmUSR-1501 �\ APPLICANT: Anderson Properties, LLC X -J PLANNER: Chris Gathman W REQUEST: A Site Specific Development Plan and Amended Special Review Permit for a Use • 2 alas • by Right or Accessory Use in the Industrial District(railroad car loading area for recyclable materials from Anderson's Salvage yard)in the A(Agricultural)Zone District. LEGAL DESCRIPTION: Part E2 of Section 29,T6N, R65W of the 6th P.M.,Weld County, Colorado. LOCATION: 1/2 mile North of O Street,east of CR 39.5 and west of CR 41 Chris Gathman, Department of Planning Services, introduced Case AmUSR-1501. He stated that the applicants are proposing to amend existing USR-1501 to add an additional rail spur that would allow them to expand the number of rail cars off-loading at the site from 9 to 18. Additionally, they are proposing two track hoes and one trail tug that would be on site as well. The boundaries of the USR will not be expanding through this permit. The applicants have a vault toilet facility that is located on the site. The applicant is requesting bottled water and under the original USR there was a Development Standard which stated that the applicants would be served by North Weld County Water District. In the staff recommendation,under Condition of Approval 1.E, it indicates that the applicant shall provide evidence of an approved permanent water source. Also, under Development Standard 15, it indicates that North Weld County Water District is able and intends to provide water service to this site. Mr. Gathman stated that there are no additional changes to the site. He summarized that the applicants will be doubling the amount of railroad cars that can be located on site and adding a railroad spur. Commissioner Lawley asked if there will be any new employees included with this change. Mr.Gathman said that the applicants are requesting up to 5 employees. He added that they may be adding one additional employee from the original USR. • Commissioner Lawley asked if they are on bottled water now. Mr.Gathman stated that the applicants are on bottled water now. Commissioner Holton asked about the dirt piles in one of the pictures that was in the presentation. Mr. Gathman replied that those piles were on a separate piece of property and not on-site. Shawn Phipps, Lamp, Rynearson & Associates, 808 8th St. Mr. Fibs is representing the applicant, Dean Anderson who is the owner and operator of this facility. Mr.Anderson commented that they load rail cars generally twice a week. Currently they send one man up and he loads and he has his fuel truck with him and brings a bottle of water along with him. He commented that they have no buildings to bring the water into so it is a gross overkill to have a running tap water on-site. Bottled water has been working very well since they have been operating there. He requested that they be able to continue with bottled water. Mr. Phipps indicated that the Health Department could support this type of use if it was a more restricted time period during the year. He indicated that at the most there is only 2 employees on site at a time. Typically they may only be there once or twice a week and in their view it is viewed more as a seasonal use. A seasonal use could be covered by bottled water but because it is not restricted to 3 or 6 months out of the year,the Health Department could not say this clearly falls within seasonal use. Therefore they are asking the Planning Commission for their allowance of bottled water in this case. Commissioner Ochsner asked if this application adds additional employees. Mr. Anderson said that there would be one additional employee to provide safety and ease of operation. He added that there would be two people on site, twice a week with normal operations. . Commissioner Branham asked how much time it takes to unload and load the cars. Mr.Anderson replied that loading out a rail car would be approximately 45-60 minutes. Lauren Light, Department of Health, commented that the applicant has submitted a dust abatement plan and they also indicated that there is no waste generated on site. They did permit their vault system, which was 3 allowed in the previous USR. Ms. Light stated he only outstanding item is the use of bottled water. Ms. Light • stated that the Health Department has consistently allowed bottled water for temporary use for 6 months or less or for any kind of a seasonal use. With the original USR there was a development standard that was approved that said water would be provided by North Weld Water District. She added that this development standard was carried through along with this amended USR application. However with the use of a vault,you don't need the water. Ms. Light commented that the Planning Commissioners could delete Conditionals of Approval 1.B, 1.C,and 1.D as the applicant has met all of those requirements. She pointed out that Development of Standards 8-17 address Environmental Health items. Commissioner Ochsner asked if there was anything that needed to be changed if the Planning Commission does want to allow bottled water. Ms. Light replied that Development Standard 15 would need to be changed, as well as Condition of Approval 1.E. Tom Holton moved to delete Condition of Approval 1.B, 1.C, and 1.D, seconded by Mark Lawley. Motion carried unanimously. The Chair asked if Public Works had any comments. Don Carroll, Department of Public Works, stated that they do have a haul route set up for the product and it has been working well with no complaints. He added that the road is paved all the way to the site so there is no dust issues. He commented that there is a stormwater filter system and that the Public Works Department is very comfortable with that. Mr. Carroll indicated that off street parking allows them enough room to maneuver. He added that Public Works has no concerns with this application. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. • Commissioner Holton commented that given the amount of people that will be on site, as well as they will not be able to hook it up to the septic system anyway, he doesn't have a problem with the applicants using bottled water. Commissioner Hall agreed and suggested if in the future there is increased employment or expansion that they be required to install a water tap then. Commissioner Ochsner stated that if this operation increases substantially then they would need to apply for another amended USR and then at that time we would address the water issue. Commissioner Holton asked what the substantial amount would be with regard to employees. Mr. Gathman stated that there is not a definite number, however if they would double their employees then that may be a substantial change. He added that the number of rail cars on site is 18 so if they would go above that they would need to come back and amend it. Tom Holton moved to delete Condition of Approval 1.E as well as Development Standard 15, seconded by Robert Grand. Motion carried unanimously. The Chair asked the applicant if they read through the amended Development Standards and Conditions of Approval and if they are agreement with those. The applicant replied that they are in agreement. Mark Lawley moved that Case Am USR-1501, be forwarded to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, seconded by Paul Branham. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick Berryman,yes;Paul Branham,yes; Erich Ehrlich,yes;Robert Grand,yes;Bill Hall,yes;Mark Lawley,yes; Roy Spitzer, absent; Tom Holton, yes; Doug Ochsner, yes. Motion carried unanimously. . The Chair asked the public if they wished to make any comments. No one wished to speak. The Chair asked if there was any new business to discuss. Brad Mueller, Department of Planning Services, commented that Kerr McGee has offered a drill rig tour on August 28th at 8:00 a.m. The meeting place will be 4 in Frederick and staff will let the Planning Commission members know the details in the coming days. He • added that we would like to get responses by Friday. Mr. Mueller stated that there are no pending cases for this and they will not be showing a site specific to a use by special review. It is more of an educational tour to help us understand the process. Mr. Mueller wanted to discuss the time outlined for the Comp Plan. They have been working for some time in updating the Comp Plan which Tom and Bill have been involved in. The committee has looked at it in great detail. We have a goal of getting this getting this done by the end of the year out of respect for the Board of County Commissioners who are leaving. In order to do that we need to follow a rigorous schedule, therefore Brad handed out a few options to discuss. He stated that we will need approximately 3 work sessions lasting about 3 hours to go through the document and also a minimum of two hearings lasting approximately 5 hours. He stated that it is very difficult to estimate how much input we will get from the public as well as questions from you as a Board. Mr. Mueller indicated that staff is recommending Option 3. He added that right now we are on the cusp of being able to send out a draft of the Comp Plan for referral. Recognizing that it is a large document we want to give the referral agencies at least a month to review it. If they are returned by the middle of September staff will need a few weeks to react to those comments, package them, and potentially go back to the TAC for some followup discussion. He stated that there are some variations that they can consider to the options. He commented that if they are willing to add extra work sessions or hearings it doesn't necessarily have to be on the regularly scheduled hearing days. Mr. Mueller pointed out that staff has tried to reserve a couple of Planning Commission hearings devoted to the Comp Plan. There are a couple of meeting dates that have relatively short hearings and the Planning Commission can review the Comp Plan prior to and after the hearings for additional time • needed. Mr. Mueller asked if they would be willing to start the hearings earlier in the day, perhaps 10:30 a.m. Mr. Mueller asked for the Commissioners thoughts. There was some discussion on the regularly scheduled dates of the Planning Commission and adding a special work session and hearing on September 23, and September 30. Commissioner Lawley commented that he would like the hearings to coincide with the regularly scheduled hearing days and start earlier. Commissioner Grand agreed. Commissioner Holton asked if the hearings will be at both locations. Mr. Mueller replied that they are trying to schedule that, however with elections running at the same time it makes it difficult. Commissioner Holton asked what the intention is for these hearings. Mr. Mueller stated that he intends to do the hard work at the work sessions. He added that at the hearing staff will give a general presentation and overview of what this Comp Plan is and open it up for public comment. He commented that at this point he doesn't have a good feel for the amount of time needed for public input. Commissioner Branham expressed that he would rather start at 1:00 p.m. and then go five hours or however long it would take depending on public input. After some discussion, Commissioner Ocshner suggested following Option 3 and start the work sessions and hearings at 12:00 p.m. The Planning Commission members agreed. Meeting adjourned at 2:41 p.m. Respectfully submitted, • Kristine Ranslem Secretary 5 Hello