HomeMy WebLinkAbout20070297.tiff r-.
SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW (USR) APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT#/AMOUNT# /$ CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number: 105929000016
Legal Description: Pt of the NW4, Section 29, Township 4N, Range 67W
Flood Plain:None Zone District:Agricultural (A) Total Acreage:5.86 Acreage for USR: 5.86
Overlay District:None Geological Hazard:None
FEE OWNER(S)OF THE PROPERTY:
Name: RF Holdings, LLC Phone: 303-857-0763
Address: P.O. Box 205 Fort Lupton,CO 80621
APPLICANT:
Name: Renewable Fiber do Tim Smith Phone: 303-857-0763
Address: P.O. Box 205 Fort Lupton, CO 80621 Email: Tsmith@renewablefiber.com
AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent)
Name: Lauren Light, Tetra Tech RMC
Address: 1900 S.Sunset Street,Suite 1-F Longmont, CO 80501
Phone 303-772-5282 Email: Lauren.Light@ttrmc.com
PROPOSED USE: Mulch unloading facility, utilizing rail, in the A(Agricultural)Zone District. Section 23-3-40.R of
the Weld County Code allows any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review
in the commercial or industrial zone districts, provided that the property is not a Lot in an approved or recorded
subdivision plat or lots part of a map or plan filed prior to adoption of any regulations controlling subdivisions, to
develop as a Use by Special Review in the A(Agricultural)Zone District.
I(We)hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with
or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners
of property must sign this application. If an Authorized Agent signs,a letter of authorization from all fee owners must
be included with the application.If a corporation is the fee owner, notarized evidence must be included indicating that
the signatory has to legal authority to sign for the corporation.
• /1441.4.--
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Signa ure: Owner or Authorized Agent Date
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EXHIBIT
2007-0297
SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW (USR) APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT#/AMOUNT# /$ CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number: 105929000016
Legal Description: Pt of the NW4, Section 29, Township 4N, Range 67W
Flood Plain: None Zone District:Agricultural (A) Total Acreage:5.86 Acreage for USR: 5.86
Overlay District:None Geological Hazard: None
FEE OWNER(S)OF THE PROPERTY:
Name: RF Holdings, LLC Phone: 303-857-0763
Address: P.O. Box 205 Fort Lupton, CO 80621
APPLICANT:
Name: Renewable Fiber do Tim Smith Phone: 303-857-0763
Address: P.O. Box 205 Fort Lupton, CO 80621 Email: Tsmith@renewablefiber.com
AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent)
Name: Lauren Light, Tetra Tech RMC
,.—, Address: 1900 S. Sunset Street,Suite 1-F Longmont, CO 80501
Phone 303-772-5282 Email: Lauren.Light@ttrmc.com
PROPOSED USE: Mulch unloading facility, utilizing rail, in the A(Agricultural)Zone District. Section 23-3-40.R of
the Weld County Code allows any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review
in the commercial or industrial zone districts, provided that the property is not a Lot in an approved or recorded
subdivision plat or lots part of a map or plan filed prior to adoption of any regulations controlling subdivisions, to
develop as a Use by Special Review in the A(Agricultural)Zone District.
I (We)hereby depose and state under penalties of perjury that all statements,proposals,and/or plans submitted with
or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners
of property must sign this application. If an Authorized Agent signs,a letter of authorization from all fee owners must
be included with the application. If a corporation is the fee owner,notarized evidence must be included indicating that
the signatory has to legal authority to sign for the corporation.
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Signature: Owner or Authorized Agent ate
TETRA TECH RMC
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June 5, 2006
To Whom it May Concern:
We have contracted with Tetra Tech RMC to process all work related to a Site Specific
Development Plan and Use by Special Review application to be filed in Weld County.
Tetra Tech RMC is authorized to represent RF Holdings, LLC throughout this process.
John Moser is authorized to sign for RF Holdings, LLC.
Sincerely,
Jo n Moser
1900 5.Sunset Street,Suite 1-F Longmont,CO 80501
Tel:303.772.5282 Fax:303.665.6959
www.ttrmc.com
S
OPERATING AGREEMENT
�S
THIS AGREEMENT is made and entered into effective �� Ør ,by and between
the undersigned parties ("Members").
WITNESSETH:
IN CONSIDERATION OF the mutual covenants and other consideration herein provided,the
Members agree as follows:
ARTICLE I
FORMATION AND PURPOSE OF THE COMPANY
1.1 Articles of Organization. ("Company")was organized pursuant to the provisions of
the Limited Liability Company laws of the State of Colorado and pursuant to Articles of
Organization filed with the Secretary of State on October 27, 2004 ("Articles"). The rights and
obligations of the Company and the Members shall be provided in the Articles and this Operating
Agreement.
1.2 Conflict Between Articles and this Agreement. If there is any conflict between the
provisions of the Articles and this Operating Agreement,the terms of the Articles shall control.
1.3 Purposes. The Company is organized for any purposes provided within the Articles.
ARTICLE II
MEMBERS; CAPITALIZATION; MEMBERSHIP INTERESTS
2.1 Members. The names and addresses of the Members are as follows:
Member Name Address
John Moser and Ellen Moser 6600 West 20th Street,No. 11
as Joint Tenants Greeley, CO 80634
Page 1 of 14
2.2 Contributions. The capital contributions ("Capital Contributions") made by the
Members are as follows:
Member Name Capital Contribution
John Moser and Ellen Moser
as Joint Tenants $100.00
Capital Contributions shall be in cash unless otherwise agreed by the Managers.
2.3 Additional Capital Contributions. No Member shall be required to make any
additional Capital Contribution. However, in the event the cash funds of the Company are
insufficient to meet its expenses as reasonably determined by the Managers,the Members may make
additional Capital Contributions,in the relative proportions of their Membership Interests,sufficient
to meet such expenses. In the event one or more Members chooses not to make any such additional
Capital Contribution, any one or more of the remaining Members may, in proportion to their
respective Membership Interests, make additional Capital Contributions until the total amount
required has been contributed. The amount of the additional capital required by the Company shall
be determined by the Managers. Each Member's Capital Account shall be increased by the additional
contribution made by that Member. No additional Capital Contribution by any Member shall alter
the Members' relative Membership Interests.
2.4 Loans. To meet Company expenses or finance new investments,the Company may,
as determined by the Managers,borrow money from one or any of the Managers,Members,or third
parties. Any such loan shall be upon such terms as determined by the Managers; however, in the
event such loan is made by a Manager to the Company, such Manager shall not have a vote in
approval of such terms;and,in the event the loan is made by the only Manager or all Managers,such
loan must be approved by the Members. Any such loan shall be evidenced by a promissory note and
may be secured by the assets of the Company. Repayment of principal and interest on any such loan
shall be entitled to priority of payment over the return of any Capital Contributions or distribution of
any profit to Members. No Member's Membership Interest shall be affected by the making of any
loan to the Company.
2.5 Allocations; Membership Interest; Total Membership Interest. Each Member's
ownership interest in the Company("Membership Interest") shall be as follows:
Member Name Membership Interest
John Moser and Ellen Moser 100%
as Joint Tenants
The combination or sum of all Members' Membership Interests is the "Total Membership
Interest." Any two or more persons or entities holding a Membership Interest together as either joint
tenants or tenants in common shall be treated as a single Member for all purposes herein.
Page 2 of 14
Colorado Secretary of State
Date and Time: 10/27/2004 10:18 AM
Document Processing Fee Entity Id: 20041377051
e". If document is on paper: $50.00
If document is filed electronically: $ .99 Document number: 20041.377051
Fees are subject to change.
For electronic filing and to obtain
copies of filed documents visit
www.sos.state.co.us
Deliver paper documents to:
Colorado Secretary of State
Business Division •
1560 Broadway,Suite 200
Denver,CO 80202-5169'
Paper documents must be typed or machine printed. ABOVE SPACE FOR OFFICE USE ONLY
Articles of Organization
filed pursuant to 7-90-301, et seq. and §7-80-204 of the Colorado Revised Statutes(C.R.S)
1. Entity name:
•
R. F. Holdings, LLC
(The name of a limited liability company must contain the term or abbreviation "limited
liability company" "ltd.liability company", "limited liability co." "ltd liability co.",
"limited" "11c" "Lt.c.",or "ltd."P-90401,C.RS)
2. Use of Restricted Words (f any of these
terms are contained in an entity name, true 0 "bank"or"trust"or any derivative thereof
name of an entity, trade name or trademark O "credit union" ❑ "savings and loan"
stated in this document,make the applicable O "insurance", "casualty","mutual", or"surety"
f,..,, selection):
• 3. Principal office street address: 8394 Highway 85
(Street name and number)
Fort Lupton CO 80621
(City) (State) (Postal/Zip Code)
•
(Province—if applicable) (Country—if not US)
4. Principal office mailing address
(if different from above): (Street name and number or Post Office Box information)
(City) (Stale) (Postal/Zip Code)
(Province— !applicable) (Country—if not US)
5. Registered agent name (if an individual): Moser John
(Let) (First) (Middle) (Suffix)
OR(if a business organization):
6. The person identified above as registered agent has consented to being so appointed.
7. Registered agent street address: 8394 Highway 85
(Street name and number)
Fort Lupton co 80621
Rev.6/14/2004
1 of3
(City) (State) (Postal/Zip Code)
8. Registered agent mailing address •
(if different from above): (Street name and number or Post Office Box information)
(City) (State) (Postal/Zip Code)
(Province—if applicable) (Country—if not US)
9.Name(s) and mailing address(es)
of person(s) forming the limited •
liability company:
(if an individual): Moser John
(Last) (First) (Middle) (Suffix)
OR(if a business organization):
8394 Highway 85
(Street name and number or Post Office Box information)
Fort Lupton CO 80621
City) Una ea)States (Postal/Zip Code) •
(Province—if applicable) (Country—if not US)
/'-- (if an individual)
(Last) (First) (Middle) (Suffix)
OR(if a business organization)
(Street name and number or Post Office Box information)
(City) tJn( tat )States (Postal/Zip Code)
(Province-fapplicable) (Country-if not US)
(if an individual)
(Last) (First) (Middle) (Suffix)
OR(if a business organization)
•
(Street name and number or Post Office Box information)
(City) Uniteg States (Postal/Zip Code)
(Province-if applicable) (Country-fnot US)
(If more than three persons are forming the limited liability company. mark this box C and include an attachment stating the true
names and mailing addresses of all additional persons forming the limited liability company)
Rev.6/14/2004
2 of3
10.The management of the limited liability company is vested in managers 0
OR is vested in-the members 0.
11.There is at least one member of the limited liability company.
12. (Optional) Delayed effective date:
(mm/ddlyyyy)
13.Additional information may be included pursuant to other organic statutes such as title 12, C.R.S. If
applicable, mark this box 0 and include an attachment stating the additional information.
Notice:
•
Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or
acknowledgment of each individual causing such delivery, under penalties of perjury,that the document is the
individual's act and deed, or that the individual in good faith believes the document is the act and deed of the
person on whose behalf the individual is causing the document to be delivered for filing,taken in conformity
with the requirements of part 3 of article 90 of title 7, C.R.S.,the constituent documents, and the organic
statutes, and that the individual in good faith believes the facts stated in the document are true and the
document complies with the requirements of that Part,the constituent documents,and the organic statutes.
This perjury notice applies to each individual who causes this document to be delivered to the secretary of
state,whether or not such individual is named in the document as one who has caused it to be delivered.
14.Name(s) and address(es)of the
•
individual(s)causing the document Barry John J.
to be delivered for filing:
822 7thtfPeet Suite 760(Firs1 (Middle) (Suffix)
(Street name and number or Post Office Box information)
Greeley (CggOe, 80631
(City) ur71I`C`8 states(
P
ost
a
l/ZI
P
Code)
(Province—if applicable) (Country-tfnot US)
(The document need not state the true name and address of more than one individual However,if you wish to state the name and address
of any additional individuals causing the document to be delivered for filing,mark this box 0 and include an attachment stating the name
and address of such individuals.)
Disclaimer:
This form, and any related instructions, are not intended to provide legal,business or tax advice, and are
offered as a public service without representation or warranty. While this form is believed to satisfy minimum
legal requirements as of its revision date, compliance with applicable law, as the same may be amended from
time to time, remains the responsibility of the user of this form. Questions should be addressed to the user's
attorney.
Rev.6/14/2004
3 of3
SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW (USR) QUESTIONNAIRE
The following questions are to be answered and submitted as part of the USR application. If a question does not
pertain to your use, please respond with"not applicable",with an explanation as to why the question is not applicable.
1. Explain, in detail, the proposed use of the property.
The property will be used to unload railcars of mulch which will be stockpiled until needed for the peak season
which is from April to September. The material will then be reloaded on trucks and delivered. This cycle will be
repeated on an annual basis. During peak season there will be one full-time and one part-time employee and
ten semi drivers per day could access the site.The business operates Monday through Friday from 6 am to 6
pm and occasionally on Saturdays,as needed. The facility is not utilized on Sundays. During off peak season
the hours of operation are, Monday through Friday from 7 am to 5 pm and occasionally on Saturdays, the
facility is closed on Sundays. Bottled water is provided and a porta-potty is located on site. There is one office
trailer,a small storage shed and a 1,000 gallon diesel fuel tank located on the parcel. The mulch piles range in
height from 20 to 30 feet. The large stockpile located directly to the west of the neighboring house to the east
will be relocated and replaced with smaller stockpiles so as not to block their view to the west.
2. Explain how this proposal is consistent with the intent of the Weld County Code,Chapter 22(Comprehensive
Plan).
Section 22-2-60.D.A.Goal.4—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 goal is intended to address conversion of
agricultural land to nonurban uses. Once converted, this land is less conducive to agricultural production.
The property is located directly adjacent to the railroad and is approximately five acres in size. Due to the size
and location it is unlikely that this site would develop as a home site or be utilized for a substantial agricultural
production operation.
Section 22-2-150.B.1.Goal.2— Encourage the expansion and diversification of the industrial economic base.
Section 22-2-150.B.1.Goal.2.4.I.Policy.2.4 —Promote industrial development that is appropriately located in
relation to surrounding land uses and that meets necessary environmental standards.
The operation provides a service which is desired by the community. As new and existing homeowners
upgrade their landscaping, mulch can be an important part in the design. Developers are required to submit
landscaping plans for their subdivisions and mulch can be a prominent part of those plans. The permitting of
this facility does provide expansion and diversification of the industrial base.
The requirement of the business to locate adjacent to a railroad, with a spur to the parcel, assures the
appropriate location of the facility next to rail. Any required environmental standards will be adhered to by the
business.
Section 22-2-60.G A.Goal.7 — Protect agricultural uses from those uses which hinder the operations of the
agricultural enterprises.
The mulch unloading facility will not hinder any agricultural operations.
This proposal is consistent with the Comprehensive Plan as described in the goals outlined above.
3. Explain how this proposal is consistent with the intent of the Weld County Code,Chapter 23(Zoning)and the
zone district in which it is located.
The proposed use is consistent with the intent of the A(Agricultural)Zone District. Section 23-3-40.R of the
Weld County Code states: "Any use permitted as a Use by Right, an Accessory Use, or a Use by Special
Review in the commercial or industrial zone districts, provided that the property is not a Lot in an approved or
recorded subdivision plat or lots part of a map or plan filed prior to adoption of any regulations controlling
subdivisions. PUD development proposals shall not be permitted to use the special review permit process to
develop." The 1-3 (Industrial) Zone District states in Section 23-3-330.B.1 that "Any use of a research,
repairing, manufacturing,fabricating, processing, assembling or storage nature may be conducted in the 1-3
Zone District." This facility stores stockpiles of mulch for distribution to wholesalers. The proposed facility
adheres to the sections noted above which is consistent with the intent of the agricultural zone district.
4. What types of uses surround the site? Explain how the proposed use is consistent and compatible with
surrounding land uses.
East—Single family residence—house and outbuildings
West—Rail Road ROW-no structures
North—Rail Road ROW-no structures
South—Pasture land—no structures
The proposed use is consistent and compatible with surrounding land uses,due to the location directly adjacent
to the rail line. An operation of this type requires rail access to operate.
5. Describe, in detail, the following:
a. How many people will use this site?
There will be one full-time and one part-time employee on site during peak season. Ten semi drivers
per day could access the site during peak season.
b. How many employees are proposed to be employed at this site?
One full-time and one part-time employee during peak season,which is from April to September. Off
peak there will be one full-time employee.
c. What are the hours of operation?
The business operates Monday through Friday from 6 am to 6 pm and occasionally on Saturdays,as
needed. These hours are only during peak season which is from April to September. The facility is
not utilized on Sundays. During off peak season the hours of operation are, Monday through Friday
from 7 am to 5 pm and occasionally on Saturdays,as needed. The business is not open on Sundays.
d. What type and how many structures will be erected (built)on this site?
There is one office trailer, a small storage shed and a 1,000 gallon diesel fuel tank located on the
parcel.
e. What type and how many animals, if any,will be on this site?
No animals will be located on the property.
r�
f. What kind (type, size, weight)of vehicles will access this site and how often?
Two employee vehicles will access the site during peak season. An average of ten semi trucks a day
will access the site to pick up mulch during peak season. Two loaders remain on the property to load
mulch into the semi trucks. The loaders are not maintained on site. If there is a mechanical
breakdown the equipment is hauled off to a service facility. There is a graveled area located in front
of the office trailer for parking. The drive aisles are compacted and do not contribute to dust
emissions.
g. Who will provide fire protection to the site?
Johnstown Fire Protection District. A 2,000 gallon water truck will be kept on site for fire protection.
h. What is the water source on the property? (Both domestic and irrigation).
Bottled water is provided. Due to the limited amount of activity on the site during off peak times, a
waiver from a permanent water supply is requested.
What is the sewage disposal system on the property? (Existing and proposed).
A porta-potty is located on site. Due to the limited amount of activity on the site during off peak times
a waiver from an individual sewage disposal system is requested.
j. If storage or warehousing is proposed,what type of items will be stored?
Storage on site will consist of stockpiles of mulch.
6. Explain the proposed landscaping for the site. The landscaping shall be separately submitted as a landscape
plan map as part of the application submittal.
No landscaping is proposed, as the operation is located off of the main road and there will be semi-trucks
entering and leaving the facility. The entryway is narrow and landscaping would not provide a buffer from the
road. There is no irrigation water available to maintain landscaping.
7. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs.
Should the facility be permanently discontinued it would be marketed under applicable county planning
and zoning regulations to its greatest and best use.
8. Explain how the storm water drainage will be handled on the site.
See attached drainage information.
9. Explain how long it will take to construct this site and when construction and landscaping is scheduled to
begin.
The site is currently operational.
10. Explain where storage and/or stockpile of wastes will occur on this site.
There will be no waste stockpiled or generated from this site.
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Public Works Department Date: May 22,2006
1111 H Street, P.O. Box 758, Greeley,CO 80632
Phone: (970 )356-4000, Ext. 3750 Fax: (970)304-6497
1. Applicant Name: John and Ellen Moser DBA: Renewable Fiber Address: P.O. Box 205 Fort Lupton
2. Address or location of access: 1/2 mile west of WCR 17 and WCR 42 Phone: 970-539-1007
3.
Legal: Pt. of the NW4 of Section 29, T4N, R67W of the 61h P.M.,Weld County, Colorado.
Weld County Road#42 Side of Road: South Distance from nearest intersection: 1/2 mile
Is there an existing access to the property? Yes
4. Proposed Use: Mulch Storage Yard
5. Site Sketch
Legend for Access Description: �=
AGR= Agricultural 4 ,pi
RES = Residential ,
O&G= Oil&Gas .14
D.R. = Ditch Road 2 q a
f -Al ots"£.
Sti 4D
ryrya
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e)c,St, S
vIGaccess Velik
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OFFICE USE ONLY:
Road ADT Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
Installation authorized ❑ Information Insufficient
Reviewed By: Title:
lit TETRA TECH MC
eil
June 8, 2006
Weld County Public Works
Engineering Division
1111 H Street
Greeley, CO 80632
RE: RE. Holdings,LLC Mulch Facility Drainage Letter
Dear Engineering Division:
This letter is being provided to describe the drainage at the proposed R.F. Holdings, LLC
Mulch Facility. The site is located in the NE corner of the NW '/ of Section 29,
Township 4 North, Range 67 West of the 6"' Principal Meridian. It is bound on the North
by Weld County Road 42, on the West by the Great Western Railway, and on the South
and East by existing homes and farms.
The proposed site contains multiple mulch stockpiles and a small office/storage building.
Drainage from the site sheet flows from southeast to northwest, through a culvert under
f'- the railroad tracks. The ultimate receiving water for this site is the Little Thompson
River.
After a site inspection and looking at the proposed use for this facility,we recommend
that no drainage improvements are required due to the insignificant change of
imperviousness for the site.
In conclusion, the existing drainage system for R.F. Holdings, LLC Mulch Facility will
be sufficient for the proposed use. The proposed conditions will not adversely affect the
existing drainage facilities or drainage patterns surrounding the site. Stormwater flows
will be conveyed underneath the railroad tracks and ultimately into the Little Thompson
River.
Thank you for your consideration. Please call me if you have any questions.
Sincerely,
TET It C.
p o•LEf•.
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39
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H:W318_ 011V44.Fri -PIPresponses April 06.doc
1900 S.Sunset Street,S,.•'_e I-F,Longmont,CO 80501
Tel 303.772.5282 Fax 303605.6959
w.amtttmc.co^i
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