HomeMy WebLinkAbout20050093 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT#1441 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 - L. W. MILLER, 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 12th day of
January, 2005, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of L. W. Miller, LLC, 1050 West 200 North, Logan, Utah 84323, for a Site Specific
Development Plan and Amended Use by Special Review Permit#1441 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 on the following
described real estate, to-wit:
Lot A of Recorded Exemption #1901, and Lot A of
Recorded Exemption#3900; being part of the E1/2 of
Section 1, Township 5 North, Range 65 West of the
6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Thomas Haren, AGPROfessionals, LLC,
4311 Highway 66, Suite 4, Longmont, Colorado 80504, 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 recommendations 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 Chapter 22 and
any other applicable Code provisions or ordinance in effect.
Section 22-2-60.A.3(A.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
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AMENDED SPECIAL REVIEW PERMIT#1441 - L. W. MILLER, LLC
PAGE 2
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 23-2-230.6.2--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-foot by 8-foot
entrance sign, which is 20 feet in total height. This is larger than the 16
square feet normally allowed in the A(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 Amended Use by
Special Review would include the variation from the 16 square feet normally
allowed.
c. Section 23-2-230.6.3--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 23-2-230.6.4--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 area for the Town of Kersey and the City of
Greeley. In a referral response dated October28,2004,the Town of Kersey
indicated no conflict with its 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 surrounding properties. A Condition of Approval has been included
which requires the applicant to attempt to address the City's concerns.
e. Section 23-2-230.6.5--The site lies within the Airport Overlay District. In a
referral dated October 21,2004,the Greeley-Weld County Airport Authority
has indicated no conflicts with its interests. 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.
f. Section 23-2-230.B.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 U.S.D.A. Soil
Conservation Services. The size of the parcel limits its agricultural value.
g. Section 23-2-230.6.7 -- 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
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AMENDED SPECIAL REVIEW PERMIT#1441 - L. W. MILLER, LLC
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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 L.W. Miller, LLC,for a Site Specific Development Plan and
Use by Special Review Permit#1441 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 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 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.
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.
C. The applicant submitted a Quit Claim Deed transferring ownership of LotA
of Recorded Exemption#3900 to L. W. Miller, LLC, however,the deed has
not been recorded by the Weld County Clerk and Recorder's Office. The
applicant shall submit a recorded copy or$6 for recording of the Quit Claim
Deed.
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
April 5, 2000).
2) The applicant shall submit a Dust Abatement Plan to the
Environmental Health Services Division of the Weld County
Department of Public Health and Environment,for approval prior to
operation.
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) of the Colorado Department of
Health and Environment. Alternately, the applicant can provide
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evidence from the APCD that they are not subject to these
requirements.
4) The impoundment is subject to Regulation No. 61 of the Water
Quality Control Commission of the Colorado Department of Public
Health and Environment. The facility shall provide evidence to the
Weld County Department of Public Health and Environment that it
has either applied for a Colorado Discharge Permit System(CDPS)
permit or a waiver.
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.
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.
7) A detailed Design and Operation Plan for the trailer wash shall be
submitted to the Environmental Health Services Division of the Weld
County Department of Public Health and 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 and
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 stormwater runoff.
e. The method of disposal for accumulated wastes (sludges,
etcetera) generated in the washing process.
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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 and Environment. The plan shall
include, at a minimum, the following:
a. A list of wastes which are expected to be generated on the
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).
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.
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.
E. The Colorado Department of Transportation (CDOT) has indicated that
traffic numbers should be revised based on the expanded use. The applicant
shall provide the Weld County Department of Planning Services with a copy
of a new access permit issued by CDOT which grants access to State
Highway 263,or submit written evidence that the applicant has complied with
the requirements of CDOT. The applicant shall also verify the future
right-of-way width required to accommodate the expansion of State
Highway 263.
F. The plats shall be amended as follows:
1) The legal description shall be amended to state the property is
located in the E1/2 of the section instead of the NE1/4 of the NE1/4.
2) The attached Development Standards shall be delineated on the plat.
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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.
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 CDOT for their new access permit. The note shall also
indicate that this number shall not be exceeded.
5) The location of the proposed water storage tank.
G. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
2. Prior to construction:
A. The applicant shall submit plans to the Union Colony Fire/Rescue Authority
for any remodeled or newly constructed building.
3. Prior to the issuance of the Certificate of Occupancy:
A. An individual sewage disposal system is required for the existing onion
storage building and the proposed trucker's lounge,and it shall be installed
according to the Weld County Individual Sewage Disposal System(I.S.D.S.)
Regulations.
B. The septic system is required to be designed by a Colorado registered
professional engineer according to the Weld County I.S.D.S. Regulations.
4. Prior to operation:
A. Off-street parking areas identified for truck drivers and truck parking shall be
surfaced with recycled asphalt or the equivalent to keep the dust down as
trucks are circulating throughout the facility.
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.
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.
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AMENDED SPECIAL REVIEW PERMIT#1441 - L. W. MILLER, LLC
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5. 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.
6. The Department of Planning Services respectfully requests the surveyor provide a
digital copy of this Amended 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(E?co.weld.co.us.
7. The Amended Use by Special Review activity shall not occur, nor shall any Building
or Electrical Permits be issued on the property until the Amended Use by Special
Review plat is ready to be recorded in the office of the Weld County Clerk and
Recorder.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 12th day of January, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
n 'e/ is
William H. J , Chair
o y ty Clerk to the Bo.rd
Mast
M. eile, Pro-T
� P,• - Deputy Clerk to the Board
vid E. Long
APP AS . M:
Robert . Masden
ount Attorne
Glenn Vaad`
Date of signature: _4
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SITE SPECIFIC DEVELOPMENT PLAN
AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
L. W. MILLER, LLC
AMUSR #1441
1. The Site Specific Development Plan and Amended Use by Special Review Permit#1441 is
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,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. 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.
4. 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.
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, Section 30-20-100.5, C.R.S.
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.
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.
8. The applicant shall operate in accordance with the approved Waste Handling Plan.
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.
10. The facility shall have adequate equipment to dewater the retention structure, if necessary.
11. The facility shall be operated in accordance with the approved Odor Abatement Plan. Odors
detected off the site shall not exceed the level of 15-to-1 dilution threshold, as measured
pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations. Additional
controls shall be implemented at the request of the Weld County Department of Public
Health and Environment in the event odor levels detected off-site of the facility meet or
exceed the level of 15-to-1 dilution threshold,or in the judgement of the Weld County Health
Officer, there exists an odor condition requiring abatement.
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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 Division. The plan shall be implemented in the
event the Department receives a significant number of fly complaints associated with the
facility,and in the judgement of the Weld County Health Officer,there exists a fly condition
requiring abatement.
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.
14. 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.
15. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
16. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
17. The facility shall utilize the existing public water supply(North Weld County Water District)
or an adjudicated water source.
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 and volatile organic compounds.
19. The applicant shall comply with all provisions of the Underground and Above Ground Storage
Tank Regulations (7 CCR 1101-14).
20. If applicable, the applicant shall obtain a Stormwater Discharge permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
21. The facility shall maintain the stormwater collection system.
22. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
23. A Building Permit shall be obtained prior to the construction of any new building,addition,or
remodel of the existing building.
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 Department of Building
Inspection with each Building Permit application.
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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.
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.
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.
28. The site shall utilize the shared access which accommodates both Lot A of Recorded
Exemption #1901 and Lot A of Recorded Exemption #3900.
29. Off-street parking areas identified for truck drivers and truck parking shall be surfaced with
recycled asphalt or the equivalent to keep the dust down as trucks are circulating throughout
the facility.
30. The applicant shall pave the approach with adequate turning radii 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. The paved approach shall
be a minimum of 24 feet to accommodate two-way truck traffic.
31. The historical flow patterns and run-off 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 run-off rate and velocity increases, diversions,
concentration and/or unplanned ponding of storm run-off.
32. The landscaping and screening on the site shall be maintained in accordance with the
approved plan.
33. The trailer washout facility shall not exceed a weekly average of 20 trailers per day.
34. Parking on the site shall be limited to those areas delineated on the plat.
35. As indicated in application materials,hours of operation shall be twenty-four hours per day,
seven days a week.
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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.
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 Amended 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.
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.
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