HomeMy WebLinkAbout20050094 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Doug Ochsner,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-1441
APPLICANT: LW Miller Transportation, LLC
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot A or RE-1901 & Lot A of RE-3900, being part of the E2 of Section 1,
T5N, R65W of the 6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a business
permitted as a use by right or an accessory use in the Industrial Zone
District (livestock trailer washout, truck terminal, vehicle repair and fueling
station) in the A (Agricultural)Zone District.
LOCATION: North of and adjacent to State Hwy 263; 1/4 mile west of CR 49.
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.A.3(Agricultural Policy 1.3.)states"Allow
commercial and industrial uses, which are directly related to, or dependent upon agriculture, to
locate within the A (Agricultural) Zone District when the impact to surrounding properties is
minimal, and where adequate services and infrastructure are currently available or reasonably
obtainable. The proposal is for the parking, washing, fueling and servicing of trucks which are
used for hauling livestock.
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 business permitted as a use
by right or an accessory use in the Commercial or Industrial Zone District as a Use by Special
Review in the A (Agricultural) Zone District. The plan indicates one 16 x 8 foot entrance sign
which is 20 feet in total height. This is larger than the 16 square feet normally allowed in the
agricultural zone district.The size is however smaller than the 150 square foot sign which would
be allowed in a commercial or industrial zone district. Approval of the USR would include the
variation from the 16 square feet normally allowed.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses. Surrounding properties are agricultural in nature with very few homes in
the proximity.
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 site
lies within the three mile referral are for the Town of Kersey and the City of Greeley. In a referral
response dated October 28, 2004, the Town of Kersey indicated no conflict with their interests.
In a referral response dated October 19, 2004, the City of Greeley has requested conditions
regarding outdoor storage, screening, landscaping, access drives, parking areas, and buffering t ,
surrounding properties. A Condition of Approval has been included which requires the applican m -
to attempt to address the City's concerns. lm
E. Section 23-2-220.A.5--The site lies within the Airport Overlay District. In a referral dated Octobe �7
21,2004 the Greeley-Weld County Airport Authority has indicated no conflicts with their interests ct
ass
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)
2005-0094
Resolution AmUSR-1441
LW Miller
Page 2
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 site is designated "Prime"
and"Other"by the USDA Soil Conservation Services.The size of the parcel limits its agricultural
value.
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 submtted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to scheduling a Board of County Commissioners hearing:
A. The applicant shall submit a written documentation outlining who they intend to address the City
of Greeley's concerns listed in the letter dated November 15, 2004. (Department of Planning
Services)
2. Prior to recording the plat:
A. The applicant shall attempt to address the City of Greeley's concerns as outlined in a referral
response dated October 19, 2004. Written evidence shall be submitted to the Department of
Planning Services. (Department of Planning Services)
B. The applicant shall attempt to address the Division of Wildlife's concerns as outlined in a referral
response dated October 27, 2004. Written evidence shall be submitted to the Department of
Planning Services. (Department of Planning Services)
C. The applicant submitted a quit claim deed transferring ownership of Lot A of RE-3900 to L.W.
Miller,however,the deed has not been recorded by the Weld County Clerk and Recorders Office.
The applicant shall submit a recorded copy or $6 for recording of the quit claim deed.
(Department of Planning Services)
D. The applicant shall submit written evidence to the Department of Planning Services that the
following Weld County Department of Public Health and Environment conditions have been met
to their satisfaction:
1) The applicant shall submit evidence of an Underground Injection Control (UIC) Class V
Injection Well permit from the Environmental Protection Agency (EPA) for any vehicle
maintenance facility located on the site that is equipped with a floor drain. Alternately, the
applicant can provide evidence from the EPA that they are not subject to the EPA Class
V requirements. (New EPA rule effective 4/5/2000). (Department of Public Health and
Environment)
2) The applicant shall submit a dust abatement plan to the Environmental Health Services,
Weld County Department of Public Health & Environment,for approval prior to operation.
(Department of Public Health and Environment)
3) The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and
Emissions Permit application from the Air Pollution Control Division (APCD), Colorado
Department of Health and Environment. Alternately, the applicant can provide evidence
from the APCD that they are not subject to these requirements. (Department of Public
Health and Environment)
Resolution AmUSR-1441
LW Miller
Page 3
4) The impoundment is subject to Regulation No.61 of the Water Quality Control Commission
of the Colorado Department of Public Health & Environment. The facility shall provide
evidence to the Weld County Department of Public Health and Environment that it has
either applied for a CDPS permit or a waiver. (Department of Public Health and
Environment)
5) 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 they are not subject to these
requirements. (Department of Public Health and Environment)
6) The applicant shall submit an odor abatement plan for review and approval, to the
Environmental Health Services of the Weld County Department of Public Health and
Environment. (Department of Public Health and Environment)
7) A detailed design and operation plan for the trailer wash shall be submitted to the
Environmental Health Services of the Weld County Department of Public Health &
Environment for review and approval. The plan shall be reviewed and stamped by a
registered professional engineer and demonstrate that construction of the trailer wash,
treatment system,conveyance structures and evaporation pond will limit discharges to the
environment within the limits described in the rules and regulations of the Water Quality
Control Division of the Colorado Department of Public Health & Environment. The plan
should include, at a minimum, the following:
a) A description of the materials used to construct the wash bay.
b) The method of construction incorporated to prevent waste water from escaping the
structure.
c) A schematic of the flow of water through the wash bay, screen and oil/grease trap
to the evaporation pond.
d) A water balance or other demonstration that the evaporation pond is adequately
sized to store and dispose the anticipated hydraulic load from the trailer wash and
storm water runoff.
e) The method of disposal for accumulated wastes (sludges, etc.) generated in the
washing process. (Department of Public Health and Environment)
8) 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. The
plan shall include, at a minimum, the following:
a) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
b) A list of the type and volume of chemicals expected to be stored on site.
c) 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)
C. The applicant shall submit an Improvements Agreement that addresses all improvements
associated with this development (access drive, parking and circulation areas, plant materials,
fencing, screening, utilities, etcetera), per compliance with Section 24-9-10 of the Weld County
Code or complete all improvements to the satisfaction of the Weld County Departments of Public
Works and Planning Services.The agreement shall be approved by County Staff and accepted
by the Board of County Commissioners prior to recording the plat. (Department of Planning
Services)
Resolution AmUSR-1441
LW Miller
Page 4
D. The applicant shall contact David Tuttle, Weld County Sheriff's Office, to discuss the Crime
Prevention Through Environmental Design program and any available options for the site.
(Sheriffs Office)
E. The Colorado Department of Transportation has indicated that traffic numbers should be revised
based on the expanded use. The applicant shall provide to the Weld County Department of
Planning Services a copy of a new access permit issued by the Colorado Department of
Transportation which grants access to State Highway 263,or written evidence that the applicant
has complied with the requirements of the Colorado Department of Transportation.The applicant
shall also verify the future right-of-way width required to accommodate the expansion of State
Highway 263. (Colorado Department of Transportation and Department of Public Works)
F. The plats shall be amended as follows:
1) The Legal description shall be amended to state the property is located in the E2 of the
section instead of the NE4 of the NE4. (Department of Planning Services)
2) The attached Development Standards shall be delineated on the plat. (Department of
Planning Services)
3) Setbacks are based off of the future property line.The sign and landscaped area shall be
moved out of the future road right-of-way of State Highway 263. (Department of Planning
Services and City of Greeley)
4) A note shall be added to the plat which indicates the traffic that will be generated by the
proposed fueling station. This shall be based on the new traffic number counts that the
applicant has been required to submit to the Colorado Department of Transportation for
their new access permit. The note shall also indicate that this number shall not be
exceeded. (Department of Planning Services)
5) The location of the proposed water storage tank. (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)
3. Prior to construction:
A. The applicant shall submit plans to the Union Colony Fire/Rescue Authority for any remodeled
or newly constructed building. (Union Colony Fire/Rescue Authority)
4. Prior to the issuance of the Certificate of Occupancy:
A. An individual sewage disposal system is required for the existing onion storage building and
proposed trucker's lounge shall be installed according to the Weld County Individual Sewage
Disposal Regulations. (Department of Public Health and Environment)
B. The septic system is required to be designed by a Colorado Registered Professional Engineer
according to the Weld County Individual Sewage Disposal Regulations. (Department of Public
Health and Environment)
5. Prior to operation:
A. Off-street parking areas identified for truck driver and truck parking shall be surfaced with
recycled asphalt or the equivalent to keep the dust down as trucks are circulating throughout the
facility. (Department of Public Works)
Resolution AmUSR-1441
LW Miller
Page 5
B. The applicant shall pave the approach with adequate turning radiuses for a minimum of 100 feet.
A paved approach would keep trucks from carrying rocks or mud on the state highway system
and keep the dust down as they approach the access point. The paved approach shall be a
minimum of 24 feet to accommodate two-way truck traffic. (Department of Public Works)
C. The approach to the 15,000 gallon fuel tank shall be surfaced with recycled asphalt or the
equivalent to keep the dust down as trucks are circulating. (Department of Planning Services)
6. Upon completion of 1. and 2. 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)
7. 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 mapsno,co.weld.co.us. (Department of Planning Services)
8. 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
L.W. Miller Transportation, LLC
AMUSR-1441
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 Commercial or Industrial Zone District(Livestock trailer washout,truck
terminal,vehicle repair shop and fueling station)in the A(Agricultural)Zone District,as indicated in the
application materials on file 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. If a sewer line is placed within four hundred (400) feet of the property line and the sewer provider is
willing to serve the site, the buildings and truck wash shall be connected. (Department of Planning
Services)
4. 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)
5. 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)
6. 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)
7. All raw manure/solids shall be removed and trucked to a permitted solid waste composting facility at
a frequency that will prevent nuisance conditions. (Department of Public Health and Environment)
8. The applicant shall operate in accordance with the approved "waste handling plan". (Department of
Public Health and Environment)
9. The trailer wash shall be operated in accordance with the approved design and operations plan and in
accordance with the Rules and Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency. (Department of Public Health and Environment)
10. The facility shall have adequate equipment to dewater the retention structure,if necessary.(Department
of Public Health and Environment)
11. The facility shall be operated in accordance with the approved odor abatement plan. (Department of
Public Health and Environment)
12. The facility shall be operated in a manner that controls flies. A fly abatement plan shall be implemented
at the request of the Weld County Department of Public Health and Environment,Environmental Health
Services. The plan shall be implemented in the event the department receives a significant number of
fly complaints associated the facility, and in the judgement of the Weld County Health Officer, there
exist a fly condition requiring abatement. (Department of Public Health and Environment)
13. 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
r
Health and Environment)
14. 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)
15. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility.
(Department of Public Health and Environment)
Resolution AmUSR-1441
LW Miller
Page 2
16. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment)
17. The facility shall utilize the existing public water supply (North Weld County Water District) or an
adjudicated water source. (Department of Public Health and Environment)
18. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with
product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and
volatile organic compounds (VOC's). (Department of Public Health and Environment)
19. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank
Regulations (7 CCR 1101-14). (Department of Public Health and Environment)
20. 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)
21. The facility shall maintain the stormwater collection system. (Department of Public Health and
Environment)
22. 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)
23. A building permit shall be obtained prior to the construction of any new building, addition or remodel of
the existing building. (Department of Building Inspection)
24. A plan review is required for each building for which a building permit is required. Plans shall include
a floor plan. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two
complete sets of plans are required when applying for each permit.Provide a Code Analysis Data sheet
provided by the Weld County Building Department with each Building permit application. (Department
of Building Inspection)
25. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2003 International Building
Code;2003 International Mechanical Code;2003 International Plumbing Code;2003 International Fuel
Gas Code; and the 2002 National Electrical Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
26. The building will be classified as an (Office) B, and Motor vehicle repair garage complying with the
maximum allowable quantities listed in Table 307.7(1) S-1. 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 Chapter 23 of the Weld County Code.
(Department of Building inspection)
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 types of construction
and to determine compliance with the Bulk Requirements from 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. Offset and setback requirements are
measured to the farthest projection from the building. (Department of Building Inspection)
28. The site shall utilize the shared access point which accommodates both Lot A of Recorded Exemption
1901 and Lot A of Recorded Exemption 3900. (Department of Public Works)
r
29. Off-street parking areas identified for truck driver and truck parking shall be surfaced with recycled
asphalt or the equivalent to keep the dust down as trucks are circulating throughout the facility.
(Department of Public Works)
Resolution AmUSR-1441
LW Miller
Page 3
30. The applicant shall pave the approach with adequate turning radiuses for a minimum of 100 feet. A
paved approach would keep trucks from carrying rocks or mud on the state highway system and keep
the dust down as they approach the access point. The paved approach shall be a minimum of 24 feet
to accommodate two-way truck traffic. (Department of Public Works)
31. The historical flow patterns and run-off amounts will be maintained on 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 run-off rate and velocity increases, diversions, concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
32. The landscaping and screening on site shall be maintained in accordance with the approved plan.
(Department of Planning Services)
33. The trailer washout facility shall not exceed 20 trailers per day. (Department of Planning Services)
34. Parking on site shall be limited to those areas delineated on the plat.(Department of Planning Services)
35. As indicated in application materials,hours of operation shall be twenty-four hours per day,seven days
a week. (Department of Planning Services)
36. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of
exploration development,completion, recompletion, re-entry, production and maintenance operations
associated with existing or future operations located on these lands. (Department of Planning Services)
37. The property owner or operator shall be responsible for complying with the Design Standards of Section
23-2-240, Weld County Code.
38. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
39. 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.
40. 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.
41. 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 Bruce Fitzgerald
Resolution AmUSR-1441
LW Miller
Page 4
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Bruce Fitzgerald
James Rohn
Tonya Stobel
Chad Auer
Doug Ochsner
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.
CERTIFICATION OF COPY
I,Voneen Macklin, 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 December 7, 2004.
Dated the 7th of December, 2 4.
Voneen Macklin
Secretary
/c;7 - 7 :267. j
both parties. Both parties want to see that the ground is properly maintained. Mr. Millers stated the owners
should be the ones who maintain their property. Mr. Ochsner stated that if maintenance interferes with the
workings of the ditch, for example if the ditch company cleans the ditch and leaves dirt on the right of way
which is the owners property they will not approve of this. The homeowners might decide they like the weeds
and want to keep them. Mr. Miller asked how involved does the Planning Commission want to get in
establishing a precedent for the homeowners to maintain their property. Mr. Ochsner states that it should be
left up to the ditch company to take care of their ditch. Mr. Morrison stated this is unique because the actual
ditch is smaller than the easement. The user of the easement is responsible for maintaining the use and not
the property owner. The issue gets clouded on the portion away from the ditch. It seems as though the
parties have come a long way at resolving the issues. It might be best to let the parties work out an
agreement before the Board of County Commissioners hearing. Mr. Miller's concern is it can be said who is
responsible for maintaining but it then needs to be defined as "maintained in what condition". Mr. Morrison
stated it would function better if the parties had an agreement as to who did what and to what standard
because they have a much more direct interest in the outcome. Mr. Coan added the County has standards
regarding weed control and such. It is good for the parties to address who does what part of the maintenance.
Both parties are interested in the best solution for the maintenance. Mr.Miller added that it is the responsibility
of the property owner unless there are other provisions.
John Folsom indicated there needs to be a mutual agreement between both parties.
Dennis Egge added the maintenance can be worked out but he has other issues specifically discing the
ground. The area is hard to burn because the access is on CR 55, it is something that can be worked out
through the HOA. Mr. Egge added that it was their understanding that if they had an easement they were
obligated to maintain.
Jeff Couch continued with the concerns of the ditch company. The issues can be addressed including the
drainage concerns. It would even improve the area drainage. The improvements will decrease the
maintenance for the ditch company. The HOA will assist in this. The homeowners really have no need to be
in the easement, they can get the grasses established and maintain them. It would be great to define some
of the uses for the land owners.
Jeff Couch had questions about Condition S. The applicant would like to see the language changed to"the
property owners shall not unreasonably interfere with the mineral owners." Mr. Miller asked if this provision
has been used in the past. Ms. Lockman stated it is fairly new language and she has no concerns with the
requested additions. Mr.Couch would like to add at the end language consisting of"...located on these lands
to the extent those rights exist on the north half of the SE4 of Section 4. No such ingress or egress rights exist
in the SE4SE4 of Section 4 and nothing contained herein is intended to change the rights of the parties or to
grant additional rights to any mineral owner or lessee". The reason for this is there has been a lease that
allows drilling but there are specifics in the lease that keep the lessee off the property. Mr. Miller would be
in favor of deleting the entire paragraph. There is an oil and gas lease that will determine what can be done
and not.
Bruce Fitzgerald moved to delete Condition S. Dough Ochsner seconded. Motion carried.
Bruce Fitzgerald moved that Case PZ-1043,be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Doug Ochsner seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; James Welch, yes; Michael Miller,yes; Chad Auer,yes; Doug Ochsner, yes; Bruce Fitzgerald,
yes. Motion carried unanimously.
Doug Ochsner commented he believes this is a good plan but the ditch company maintenance needs to be
addressed. It is a very important issue in this case.
CASE NUMBER: AmUSR-1441
APPLICANT: LW Miller Transportation, LLC EXHIBIT
5 �{
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot A or RE-1901 & Lot A of RE-3900, being part of the E2 of Section 1,
T5N, R65W of the 6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a business
permitted as a use by right or an accessory use in the Industrial Zone
District (livestock trailer washout, truck terminal, vehicle repair and fueling
station) in the A(Agricultural)Zone District.
LOCATION: North of and adjacent to State Hwy 263; 1/4 mile west of CR 49.
Sheri Lockman, Department of Planning Services presented Case AmUSR-1441, reading the
recommendation and comments into the record. The Department of Planning Services is recommending
approval of the application along with the Conditions of Approval and Development Standards.
Michael Miller asked if the original approval was for 10 trucks a day. Ms. Lockman indicated at the Board of
County Commissioners there was a note required on the plat that indicated the maximum number of trucks
the facility can actually handle.That is where the average number of 20 came from. It is based on the facility
and what it can actually have. Mr. Miller stated that when it left Planning Commission there was a limit on the
trucks.
Doug Ochsner asked if Planning Commission is only looking at moving the fueling station and move the repair
to the shop. Ms. Lockman stated it was a new application even though it was an amendment. There a
multitude of little changes like the hours of operation. The whole application is being reviewed again. Mr.
Miller asked if the original application limited them to only washing their own trucks. Ms. Lockman stated in
their application it was for their own use. Mr. Miller indicated this application would open this up to the public.
Ms. Lockman stated it does open to the public but does not increase the amount of trucks to be washed.
Bruce Fitzgerald asked about the feedlot size. Ms. Lockman stated it was 59,000 head of cattle and it is
�— approximately 1/4 mile away.
Lauren Light, representative for the applicant, presented additional information on the site. The original
application was approved on May 12,2004. The applicant purchased the onion facility and could not include
the facility at the time of the original USR. The Board of County Commissioners recommended an
amendment to the application that included the onion facility. At the Board of County Commissioners it was
directed to be public and have an average of 20 trucks. This amendment includes the onion facility which
increases the USR area, change to public use and the addition of a repair shop in the building along with a
fueling station. Farmland Reserve owns the land to the north and west and it is still farmed. There is one
residence to the south. There has been additional landscaping to try and mitigate some of the concerns the
adjacent neighbor has. Ms. Light presented overheads to identify the changes.This property is in the airport
overlay zone therefore no residential uses are wanted. The City of Greeley comment was based on the odor.
The odor will be minimal since there are no animals on site. The amount of material is less than the livestock
facility. There are only 20 trucks a day that can be washed and this is due to the design of the system. The
number of trucks washed will not change whether this is a public or private venture. The previous facility
located in the City of Greeley, did not have the updated technology. This facility requires a permit from the
State Health Agency. The water will support crop production making better use of a resource. The water will
be put back on the land and regulated through a permit process. The property is not contiguous to be eligible
for annexation. The property adjacent, which will be land applied on, is contiguous. The USR boundary is
not contiguous to the City of Greeley. There will be a waste water management system. There would be no
need for washouts if there were no feedlots. The waste water system is what controls the capacity of the
trucks being washed. The existing plat note will be maintained on this proposal. There will be a state of the
art waste water management system that will mitigate the odors. It will not be as intense as another use.
John Folsom asked Ms. Light about the fueling facility and if it were for LW Miller trucks only? Ms. Light
indicated at this time it is only for private use but in the future it may be utilized for public use. The fueling
station is for diesel fuel obtained by a card.
Michael Miller indicated on March 2 when this was approved by Planning Commission it had a potential for
10 trucks per day which was unlikely because it being LW Miller trucks only. Ms. Light indicated at the Board
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of County Commissioners the number was determined on what the wastewater system can handle. This
application is different with the addition of the onion facility and the cost associated with this. The number of
trucks being washed will assist in the balancing of the cost incurred. Mr. Miller indicated that this application
is a representation of 20 trucks per day which is significantly different than what was represented at the
original Planning Commission hearing.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Lobel Lauck, neighbor across the road, indicated her concerns with the traffic. Ms. Lockman stated that
CDOT approved the original numbers and they are asking those to be updated because of the changes with
the fueling station. This information goes directly to CDOT. Ms. Lauck asked if there would be an issue with
trucks turning into the location. Ms.Lockman stated if the numbers get to large, CDOT will require upgrades.
Bob McFadden,Greeley Planning Commission,indicated concerns about odor issues and the money the City
of Greeley has spent on controlling the issues. It is nice that the applicant is considering the issue of odor but
Greeley Planning Commission would like to see some of that evidence. In the packet there were no specific
elevations, appearance, size of pond and the capacity of lagoon. There needs to be specifics dealing with
the solid waste and removal from the site. There is an issue about the number of trucks and it changing. The
total site is not identified. All the issues need to be addressed and the potential it will have on the City of
Greeley.
John Folsom asked Mr. McFadden about the improvements made to the facility that was within the City of
Greeley, and is what proposed similar to what exists. Mr. McFadden stated the difference was the site was
made to go from a lagoon system to city sewer system. The sewer system mitigated the problems associated
with the odor. The County and the City has spent a large amount on the airport system to the benefit of both.
Mr. Miller indicated that it was hard to compare the existing truck with this facility. The other truck wash did
several things out of compliance and the technology was not the same. Mr. McFadden indicated there were
restrictions placed on the truck wash but it still did not mitigate the odor problem until they went onto the City
sewer system.
Craig Thompson,Greeley Planning Commission,added this site is adjacent to city limits with the airport being
annexed. The site is located within the urban growth boundary. There will be a certain amount of industrial
growth,according to the master plan,in the area around the airport. This land application is a concern for the
city. CR 47 is being reviewed as an eastern arterial route at this time. The capacity approved by the Board
of County Commissioners was 20 trucks which was counter to the Health Department testimony which was
the processing of 15,000 gallons which is 5 trucks per day. The City of Greeley reviewed the proposal for 10
trucks and has less concern about this. The change occurred at the Board of County Commissioners
meeting. The lack of notice was referenced to Mead not receiving their notice for LifeBridge. The City of
Greeley has similar types of concerns. There was limited evidence on the technology that will be utilized. The
chief concern is the odor for Greeley. There have been several dollars spent to try and reduce the smell that
is emitted from the surrounding areas. There has been a significant amount of time spent on addressing
odors. There is an odor board within the City of Greeley. There is a letter from the Mayor of Greeley
expressing concerns. The largest concern is the number of trucks increasing to 20 without any referral
notification. The traffic impact to this corridor has been discussed. It is a State Highway but these need to
be reviewed. Mr.Thompson added"I found it interesting that planning staff indicated that-we have really not
reviewed that information yet,we don't have a traffic impact report. So basically we are going blind here. We
are crossing our fingers and hoping that the traffic impacts work out." Mr. Thompson continued that there is
no aeration of the lagoons, this helps reduce the odor. How often are the stack solids going to be removed
from the site? The land application of the water creates odor as it is being applied and sprayed from the
sprinkler. The area of the USR is not just this area it is a larger amount. There is a land application area
which is northwest of this and a second pond. The second pond is where materials and wastewater will go
to that is north of this property. The water will be land applied on another piece of ground. This is
approximately a 150 acres to where this will be land applied. The City suggests no aerial spraying of the
water, ground water monitor to determine the impacts and have an odor standard in place. The applicant
needs to incorporate best odor practices which includes aerating the ponds. The City would like to see the
maximum number be 20 trucks not average. This is a constantly changing application. The odor abatement
plan needs to improve. How is the waste going to be handled? This is not in the application. This proposal
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seems to have gotten approval first and hope it works later. The staff report cites Section 23-2-220.A.1 has
not been met. The infrastructure is available at approximately 1-1 1/2 miles to the west. There was
information that was not included on the plan. There is information that is not included in the plan. There was
no landscape plan. Are the plans that have been presented to the Planning Commission acceptable. Mr.
Thompson passed out some standards that were in place for the truck wash located in town. There is a
possibility of making a piece of land in the vicinity a park.
Ken Whitaker, indicated the trucks need to be washed out more frequently when there are short runs. Who
will monitor only 20 trucks per day? Where will they be cleaned when the 20 limit is achieved? A commercial
washout will reach 20 trucks in no time at all.There has only been one complaint at the existing facility in the
last two years.
Jarred Ware,Union Colony Fire Protection District,wanted to make Planning Commission aware of the issues
from the fire protection district. There is a letter indicated ongoing concerns. They will need to abide by the
Uniform Fire Code.There has not been enough information received from the applicant. There may need to
be some site improvements.
Chair closed public portion.
Lauren Light indicated they have building plans to submit to Union Colony. The site is not contiguous to the
City of Greeley, Farmland Reserve owns the site that is contiguous. Tom Haren, Agricultural and Land
Professionals,provided clarification on the wastewater permit. The original application requested an average
of 10 trucks. Staff's comments included a maximum number 10 trucks. The Planning Commission changed
it to an average of 10 trucks, staffs concern was how to track an average. The Board of County
Commissioners came up with the number of 20 and it was an average. The washing of trucks does need to
happen more frequently when there are short runs. The system has had a sampling analysis done. The
material that comes from the trucks is more dilute than what is dealt with at the feedlot end. The volume of
water is larger than the waste coming out. The system contains double screen separators to remove the
significant portion of the waste. Farmland Reserve ground is currently being treated with waste water and has
been for several years. There is augmentation plans for the water that is going through the facility. The truck
wash in town went to City sewer because it was the only option. There was no option for land application.
City's land apply also. Aeration is a fix when the treatment process was not adequately done in the beginning.
The existing truck wash has to meet limitations on discharge to go to the City sewer. One of the design
criteria is that there are two ponds, one included in the USR and regulated under State standards for liners
and management. This facility is not animal so it is not under CAFO Regulations. Development Standards
3 indicates that if sewer is within 400 feet of the facility they will connect. Land application areas are not
included in the application also when municipalities utilize land application those areas are not within the City
limits. The odor mitigation plan is not just the trees and fences it is the design of the facility including the
loading rate of the system. The fences and trees were more for mitigation to the onion facility. There will be
one less building in the surrounding area now that the onion facility has been purchased. This is still diluted
manure not like what comes from a feedlot.
Michael Miller asked how the solids will be disposed of. Mr. Haren stated the solids will be collected on a
concrete pad with a concrete curb directly under the separation system. The system that will be installed at
this site has been installed in the Logan Utah facility. There is not a lot of odor generated, it has been
designed to stack into a truck and hauled to a solid waste compost facility. There is no specific number to
identify rather it will be hauled daily or weekly. The use of the facility will determine this. The applicant would
agree to come up with something that states under maximum conditions the disposal would be hauled away
X number of times. This could be added to the solid waste plan.
Doug Ochsner asked if this is the same water treatment system that is in Utah? Mr. Haren stated as far as
land application,no,but the solid separation is the same. Mr.Ochsner asked if the water treatment is different
and is it into the sewer. Mr. Haren indicated there is a discharge into Logan County sewer system.
Michael Miller asked if Mr. Haren had been to the Utah facility? Mr. Haren stated he had not but one of the
contractors had been. The site has been reviewed and installed with the new system.
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Michael Miller asked Ms. Lockman how staff will enforce the 20 truck average? Ms. Lockman indicated it
would be based on complaints received. If there is failure in the drainage or if the smell gets bad staff would
inspect. Mr. Miller asked if there is any type of recording that could be required? Ms, Davis stated they are
required to apply for a Minimum Waste Water Discharge Permit for an Industrial facility. In the permit there
are things that need to be followed,testing will be required. There is no way of knowing the number of trucks.
They are required to meet the standards of the State. Mr. Miller clarified that they can have an average of 20
trucks but they could have 40 as long as there was no complaints. Then if there is a complaint there is no
recording standards to determine the number of trucks. Ms. Davis stated she is not sure if the State has any
regulations on this such as a meter flow. Mr. Morrison asked if there was currently a minimum discharge
permit. Ms. Davis stated on the previous application it was for 3000 gallons of recycled water that has been
through the treatment system,fresh water will be added,only used for the final wash,lagoon with an estimated
15,000 gallons a day. The design will be done and then the State will be informed and they will tell them what
they can meet. Mr. Morrison stated based on the minutes from the last Planning Commission hearing for the
original USR it was indicated the proposal should be governed by the amount of gallons not the number of
trucks because of enforcement. The standard still needed to be determined based on the State Permits. The
Board of County Commissioners concluded that the number of trips could not be used because there could
be trucks that were not actually being washed,there was an averaging issue and finally the amount of washing
was the critical factor. Mr. Miller indicated they are combining truck trips with the number of washouts. There
was a discussion as to how many trucks were accessing not necessarily washed out. Mr. Morrison indicated
that was the reason the Board of County Commissioners did away with the limit on truck trips. Ms. Lockman
indicated the number of trucks allowed at the washout was based on the State Permit and what the facility
could handle. Mr. Morrison stated the limit was based on State permit and there is language about being
further defined.
Doug Ochsner asked if it were possible to wash 40 trucks per day at this facility. Mr. Haren indicated there
are limitations that go beyond the waste water treatment. There are limitations on the system as well as
limitations on the amount of water the site can use. There are limits on what the site can use and number of
trucks. This application is a request for a twenty four hour operation and there are no limits on the hours of
the truck wash. Mr. Miller indicated his concern were for the number of trucks that could be washed out in
a twenty four hour time period.
John Folsom asked about Development Standards 11 regarding the approved odor abatement plan. Ms.
Davis stated it is a condition and staff is asking for this. Mr. Folsom asked if there were some standards to
compare to. Ms. Davis indicated that Mr. Jiricek would review the plan because of the extensive experience
he has. Mr. Haren stated that the previous USR which has been recorded had an odor abatement plan.
Doug Ochsner asked Ms.Davis if the land applied water is regulated? Ms.Davis stated the applicant will have
a State Discharge Permit which will contain testing.
Michael Miller indicated this application varies from original application greatly. The number of trucks to be
washed out and how to enforce that limit. The only factor that gave Planning Commission security was the
number would be regulated by being only trucks owned by LW Miller. This will open this up to guessing the
number of trucks and wait for complaints.
Chad Auer asked if the use would be to intense if they were washing as many as possible. Mr.Miller indicated
it would because the facility is designed for 40 trucks per day. If this number is exceeded it will cause
problems. Mr. Auer added that there will need to be some management if the use is intense.
Doug Ochsner added,he is torn between limiting the number of trucks on one side but yet limiting the number
would impede the economic right to have a business. If the facility can prove the waste and odor can be
handled the number of trucks may not matter. The concern is there may not be enough information obtained
to determine this.
Michael Miller indicated his concern is the only way to know is to wait until there is a problem and at this point
it is more difficult to fix. Weld County and Greeley have committed a large sum of money for the airport and
the development around this. It would be unfortunate to set that process back.
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Bruce Fitzgerald asked Mr.Morrison if a requirement could be made for record keeping? Mr.Morrison stated
it could be considered reasonable. Mr. Miller asked how that would be enforced? Mr. Fitzgerald indicated
the Health Department would be out there from time to time. There could be a requirement there is a record
keeping component and have the Health Department review once they are there.Mr.Miller if this is done there
needs to be some means of enforcement. Mr. Fitzgerald indicated it could be a Development Standards and
if the Development Standard is not adhered to it would be a violation. Ms. Davis indicated it would work it if
were available to staff when the site is visited. Ms. Lockman indicated Tire Mountain has a similar situation.
Michael Miller asked who was going to inspect and what would be done if the logs are not available. Mr.
Fitzgerald stated they would not be in compliance and would become a violation. Ms. Lockman added it has
occurred before. The applicant is allowed time to come into compliance and if the do not they would go
through a Probable Cause hearing.
Bruce Fitzgerald moved to amend Development Standards 33 to require the applicant to maintain a maximum
of 20 trucks per day and have a log to prove this and available to County staff. The language shall consist
of"The trailer washout facility shall not exceed 20 trailers per day. The property owner shall be required to
keep a log to ensure this, which shall be available on request by County Staff." Chad Auer seconded.
Motion carried.
Doug Ochsner moved that Case AmUSR-1441, be forwarded to the Board of County Commissioners along
with the Conditions of Approval and Development Standards with the Planning Commissions recommendation
of approval. Bruce Fitzgerald seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes;James Welch,yes; Michael Miller,yes; Chad Auer,yes; Doug Ochsner, yes; Bruce Fitzgerald,
yes. Motion carried unanimously.
r Doug Ochsner commented he does support because it is compatible with the surrounding area. There are
feedlots and packing plant near and this supports the agricultural community.
Bruce Barker, Weld County Attorney will be available for the remaining cases.
CASE NUMBER: 2004-XX
APPLICANT: Weld County/Town of Gilcrest
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Various Sections, Weld County, Colorado.
REQUEST: The Intergovernmental Agreement Boundary for the Town of Gilcrest
Sheri Lockman, Department of Planning Services presented the proposed IGA for Gilcrest, reading the
recommendation and comments into the record. The Department of Planning Services is recommending
approval of the application.
Michael Miller asked about the letter from the Town of Gilcrest indicating they currently cannot provide
infrastructure for the area they have or to the Urban Growth Boundary Area. Can the plan for those services
still include that?. Ms. Lockman indicated a plan has been submitted on how the projected growth will occur.
Mr. Barker stated that timing and projected growth in the are were the issues addressed. The County likes
to have plant capacity for an area to provide services, the lines may not be there. The agreement requires
developers to install those lines. The plant is there to allow development to occur or if it is not what is the
timing of the plant. Mr. Miller indicated the understanding was the ability to expand to '/: mile of where
services are available. Mr. Barker stated they could expand beyond the 1/2 mile depending on the individual
ordinances. The legal standards have been met.
Menda Warren, Mayor of Gilcrest, provided clarification to the proposal and the areas in which Gilcrest has
started to make progress. They have gotten grants to redo the Comprehensive Plan and Code review. During
this process the infrastructure needs have been identified and the building plans to address them. There is
current space at the existing facility. It has the ability to expand. The town is presently in process of bringing
the lagoons for treatment to state standards. There is a capitol improvements project in process. They are
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