HomeMy WebLinkAbout20070293.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1566 FOR USES PERMITTED AS A USE BY RIGHT,ACCESSORY USE, OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICT
(MULCH LOADING AND UNLOADING FACILITY AND OUTDOOR STORAGE OF
MULCH) IN THE A(AGRICULTURAL) ZONE DISTRICT - RF HOLDINGS, LLC
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 21st day of
February,2007,at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of RF Holdings, LLC, do Renewable Fiber, Attn: Tim Smith, P.O. Box 205,
Fort Lupton, Colorado 80621, for a Site Specific Development Plan and Use by Special Review
Permit#1566 for Uses Permitted as a Use by Right,Accessory Use, or Use by Special Review in
the Commercial or Industrial Zone District(mulch loading and unloading facility and outdoor storage
of mulch) in the A(Agricultural)Zone District on the following described real estate, being more
particularly described as follows:
Part of the NW 1/4 of Section 29, Township 4 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS,said applicant was represented by Lauren Light,Tetra Tech RMC, 1900 South
Sunset Street, Suite 1-F, Longmont, Colorado 80501, 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 23-2-230.6.1 --The proposed use is consistent with Chapter22 and
any other applicable code provisions or ordinance in effect.
Section 22-2-60.F(A.Goal 6)states, "Public facilities and services such as
sewer, water, roads, schools, and fire and police protection, must be
provided and developed in a timely,orderly,and efficient manner to support
the transition of agricultural land to other development uses. In evaluating a
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SPECIAL REVIEW PERMIT#1566 - RF HOLDINGS, LLC
PAGE 2
land use application,County representatives and the applicant will consider
the public facilities and services goals and policies." The applicant is
proposing to utilize bottled water on the site for drinking purposes and to have
a 2,000-gallon water truck on the site for fire protection. The applicant has
provided a Will Serve Letter from the Little Thompson Water District. The
letter states that a three-inch (3") line currently lies under Weld County
Road 42, and if fire hydrants are required, an upgrade to the line may be
required to meet the fire protection needs of the Use by Special Review
Permit. The applicant is also proposing to utilize portable toilets on the site.
The Weld County Department of Public Health and Environment, in the
referral dated July 12, 2006, states that an Individual Sewage Disposal
System is required for the office trailer on the site and that the applicant shall
provide current evidence that the facility has an adequate water supply. The
Development Standards state sewage disposal for the facility shall be by
portable toilets and that the facility shall utilize the existing public water
supply.
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.R of the Weld County Code
provides for a Site Specific Development Plan and Use by Special Review
Permit for a Use by Right,Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone District(mulch loading and unloading facility
and outdoor storage of mulch)in the A(Agricultural)Zone District. The site
is currently in violation (VI-0600160)due to the operation of a commercial
landscaping sales and storage yard facility without the necessary Weld
County Zoning permit. Approval of this application by the Board of County
Commissioners corrects the violation.
c. Section 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The surrounding property is
primarily agricultural in nature,with one residence immediatelyto the east of
the site and a second residence to the northwest of the site. The Great
Western Railroad is located directly to the west of the site. The
Development Standards and Conditions of Approval will ensure compatibility
with adjacent properties.
d. Section 23-2-230.B.4--The uses which will be permitted will be compatible
with future development of the surrounding area as permitted by the existing
zoning and with the future development as projected by Chapter 22 of the
Weld County Code,and any other applicable code provisions or ordinances
in effect,or the adopted Master Plans of affected municipalities. The subject
property lies within the three-mile referral area for the Towns of Berthoud,
Johnstown, and Milliken. The Towns of Berthoud and Milliken have no
objections to the application. The Town of Johnstown stated, in its referral
dated July 13, 2006, that it has not received any comments or complaints
regarding the current mulch unloading operation or truck traffic. The Town
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of Johnstown has no concerns with the use, but is requesting dust control
on Weld County Roads 42 and 17. A residential development,called Stroh
Farms(Pioneer Ridge),to the northeast is planned to extend south to Weld
County Road 42,and west of Weld County Road 17,in the next three to five
years. The Town of Johnstown has concerns with truck traffic on this
section of road once it is improved. The Town of Johnstown is
recommending that the Use by Special Review Permit be granted for a
period of up to five years, and that extension of the permit be subject to
formal re-examination of impact of the use on the developing area around the
site. The Development Standards state that the Use by Special Review
Permit shall not be transferable to any successors in interest to the
prescribed property and shall terminate automatically upon conveyance or
lease of the property to others for operation of the facility.
e. Section 23-2-230.6.5 -- The site does not lie within any Overlay Districts.
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. Effective August 1, 2005, building permits issued on the
subject site will be required to adhere to the fee structure of the Capital
Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
f. Section 23-2-230.8.6--The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The site consists of a little over five acres and is currently being utilized
for a mulching operation.
g. Section 23-2-230.B.7--The Design Standards(Section 23-2-240), Operation
Standards (Section 23-2-250), 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.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the application of RF Holdings, LLC,for a Site Specific Development Plan
and Use by Special Review Permit#1566 for Uses Permitted as a Use by Right, Accessory Use,
or Use by Special Review in the Commercial or Industrial Zone District(mulch loading and unloading
facility and outdoor storage of mulch) 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 applicant shall submit evidence to the Weld County Department of
Public Health and Environment of an Air Pollution Emission Notice(A.P.E.N.)
and Emissions Permit application from the Air Pollution Control Division
(APCD) of the Colorado Department of Public Health and Environment.
Alternately,the applicant can provide written evidence that it is not subject to
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these requirements. Evidence of written approval shall be submitted to the
Department of Planning Services.
B. The applicant shall provide current evidence that the facility has an adequate
water supply to the Departments of Planning Services and Public Health and
Environment.
C. The applicant shall submit a Dust Abatement Plan,for review and approval,
to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. Evidence of written approval
shall be submitted to the Department of Planning Services.
D. The applicant shall submit evidence of an Aboveground Storage Tank permit
from the Colorado Department of Labor and Employment (CDL&E), Oil
Inspection Section,for any aboveground storage tanks located on the site.
Alternately, the applicant can provide evidence from the (CDL&E), Oil
Inspection Section,that it is not subject to these requirements. Evidence of
written approval shall be submitted to the Department of Planning Services.
E. The applicant shall provide the Department of Planning Services with a
Maintenance Plan that is in compliance with Section 23-2-250.F of the Weld
County Code.
F. The applicant shall attempt to address the requirements and concems of the
Town of Johnstown,as stated in the referral response dated July 13,2006.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
G. The applicant shall attempt to address the requirements and concerns of the
Weld County Sheriffs Office, as stated in the referral response dated
July 26, 2006. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
H. The applicant shall contact the Johnstown Fire Protection District to discuss
a Fire Emergency Plan. Evidence of such shall be submitted, in writing, to
the Weld County Department of Planning Services.
The plat shall be amended to delineate the following:
'1) All the pages of the plat shall be labeled USR-1566.
2) The off-street parking spaces, including the access drive, shall be
surfaced with gravel and shall be graded to prevent drainage
problems.
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3) Should exterior lighting be a part of this facility, all light standards
shall be delineated on the Use by Special Review plat.
4) Weld County Road 42 is designated on the Weld County Road
Classification Plan as major arterial road,which requires 140 feet of
right-of-way at full buildout. There is presently 60 feet of right-of-way.
A total of 70 feet from the centerline of Weld County Road 42 shall be
delineated on the plat. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way. This road
is maintained by the Town of Johnstown.
5) The applicant shall provide a minimum of two (2) parking spaces.
The parking spaces shall be equipped with wheel guards or curb
blocks,when necessary,to prevent vehicles from extending beyond
the boundary of the space and from coming into contact with other
vehicles, walls, fences, or plantings.
6) The attached Development Standards.
7) The approved Landscape and Screening Plan.
8) The applicant shall berm or channel the west side of the property to
direct the stormwater to drain to the southwest corner of the facility.
9) The Great Western Railroad spur shall be delineated on the plat.
10) 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.
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4. 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.
5. Prior to issuance of building permit:
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(1)acre in area. The applicant
shall contact the Colorado Department of Public Health and Environment,
Water Quality Control Division,at www.cdphe.state.co.us/wq/PermitsUnit,
for more information.
B. The applicant shall submit building plans to the Johnstown Fire Protection
District for review and approval. A letter of approval shall be submitted to the
Department of Building Inspection.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 21st day of February, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
),rY t WE OUNTY, COLORADO
ATTEST: ji2d
%1 ) avid E. Long, Chair
Weld County Clerk to th oBY:
n /
Li /a WilliamJerke, Pr -Tem
De y Cler the Board
Willi �. Ga V\41-
APP E
(Robert D. Masden
C y Attorney �� aw.c�is
—Douglas ademache'
Date of signature: 3h7(C l
2007-0293
PL1873
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RF HOLDINGS, LLC
USR#1566
1. The Site Specific Development Plan and Use by Special Review Permit#1566 is for Uses
Permitted a Use by Right,Accessory Use,or Use by Special Review in the Commercial or
Industrial Zone District(mulch loading and unloading facility and outdoor storage of mulch)
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. Hours of operation will be 6:00 a.m. to 6:00 p.m., Monday through Saturday.
4. The site shall be limited to no more than two (2) employees, as stated in the application
materials.
5. There shall be no parking or staging of trucks within the public right-of-way.
6. No retail sales shall be allowed from the site.
7. The northern three (3) larger and four (4) smaller stockpile areas identified on the plat,
located in the northern half of the site, shall consist of larger materials, or fibrous mulch
materials, to prevent wind-blown debris.
8. All liquid and solid wastes,as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 30-20-100.5,C.R.S.,shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
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, Section 30-20-100.5, C.R.S.
10. Waste materials shall be handled,stored,and disposed of in a manner that controls fugitive
dust,fugitive particulate emissions,blowing debris,and other potential nuisance conditions.
11. The applicant shall complywith all provisions of the Underground and Above Ground Storage
Tank Regulations (7 CCR 1101-14).
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.
13. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 25-12-103, C.R.S.
14. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
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15. Sewage disposal for the facility shall be by portable toilet.
16. The facility shall utilize bottled water.
17. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
18. The applicant shall submit building plans to the Johnstown Fire Protection District,for review
and approval, prior to the issuance of building permits. A letter of approval shall be
submitted to the Department of Building Inspection.
19. The historical flow patterns and runoff amounts will be maintained on the site in such a
manner that it will reasonably preserve the natural character of the area and prevent property
damage of the type generally attributed to runoff rate and velocity increases, diversions,
concentration, and/or unplanned ponding of storm runoff.
20. The site must take into consideration stormwater capture/quality and provide accordingly for
Best Management Practices.
21. The applicant shall be required to provide an adequate dust suppressant chemical
(magnesium chloride or calcium chloride)for approximately 300 feet from adjacent residents
on Weld County Road 42. Dust suppressant shall be placed a minimum of twice a year,or
as needed and determined by the Weld County Department of Public Works,Motor Grader
Division Supervisor.
22. Building permits shall be obtained prior to the construction of any building.
23. A plan review is required for any additional building. Plans shall bear the wet stamp of a
Colorado registered architect or engineer.
24. Buildings shall conform to the requirements of the various codes adopted by Weld County
at the time of permit application. Currently, the following have been adopted by
Weld County: 2003 International Building Code, 2003 International Mechanical Code,
2003 International Plumbing Code, 2002 National Electrical Code, and Chapter 29 of the
Weld County Code. The office will most likely be classified as a B occupancy. The storage
portion will most likely be classified as an S-2.
25. Buildings may require an engineered foundation based on a site-specific Geotechnical
Report or an open hole inspection preformed by a Colorado registered engineer.
Engineered foundations shall be designed by a Colorado registered engineer.
26. Fire resistance of walls and openings,construction requirements,maximum building height,
and allowable areas will be reviewed at the plan review. Setback and offset distances shall
be determined by the Weld County Code.
27. Building height shall be measured in accordance with the 2003 International Building Code
for the purpose of determining the maximum building size and height for various uses and
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types of construction,and to determine compliance with the Bulk Requirements for Chapter
23 of the Weld County Code. Building height shall be measured in accordance with Chapter
23 of the Weld County Code in order to determine compliance with offset and setback
requirements. When measuring buildings to determine offset and setback requirements,
buildings are measured to the farthest projection from the building. Property lines shall be
clearly identified.
28. A 2,000-gallon water truck shall be kept on the site for fire protection, as stated in the
application materials.
29. Effective January 1,2003,building permits issued on the lot will be required to adhere to the
fee structure of the County-Wide Road Impact Fee Program.
30. Effective August 1, 2005, building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee.
31. The landscaping and screening on the site shall be maintained in accordance with the
approved Landscape and Screening Plan.
32. On-site lighting, including security lighting, if applicable, shall maintain compliance with
Section 23-3-250.B.6 of the Weld County Code.
33. The property owner shall allow any mineral owner the right of ingress or egress for the
purposes of exploration development,completion,re-completion, re-entry,production,and
maintenance operations associated with existing or future operations located on these
lands.
34. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
35. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
36. 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.
37. 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.
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38. 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.
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