HomeMy WebLinkAbout20051682.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1501 FOR A USE PERMITTED AS A USE BY RIGHT OR ACCESSORY USE
IN THE INDUSTRIAL ZONE DISTRICT (RAILROAD CAR LOADING AREA FOR
RECYCLABLE MATERIALS FROM ANDERSON'S SALVAGE YARD) IN THE
A (AGRICULTURAL) ZONE DISTRICT - UNION PACIFIC RAILROAD COMPANY
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 29th day of
June, 2005, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Union Pacific Railroad Company, 1400 Douglas Street,Stop 1690,Omaha,Nebraska,
68179-1690,for a Site Specific Development Plan and Use by Special Review Permit#1501 for a
Use Permitted as a Use by Right or Accessory Use in the Industrial Zone District (railroad car
loading area for recyclable materials from Anderson's Salvage Yard) in the A(Agricultural)Zone
District on the following described real estate, to-wit:
Part of the E1/2 of Section 29, Township 6 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS,said applicant was represented by Michael Hein,Pickett Engineering,Inc.,808
8th Street, Greeley, Colorado 80631, 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 Chapter22 and
any other applicable Code provisions or ordinance in effect.
Section 22-2-60.D (A.Goal 4) states, "Conversion of agricultural land to
non urban 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.
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SPECIAL REVIEW PERMIT#1501 - UNION PACIFIC RAILROAD COMPANY
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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 Use by Right,an Accessory Use,or a Use by Special Review
in the Industrial Zone District as a Use by Special Review in the
A(Agricultural)Zone District. The Conditions of Approval ensure that the
Use by Special Review boundary is removed from the R-1 (Residential)Zone
District.
c. Section 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. Vacant agriculturally zoned
properties lie to the north, agriculturally zoned property lies to the south,
Hungenberg Produce is to the southwest,and there is 1-3(Industrial)zoning
along the Highway 85 corridor to the west of the site. The Conditions of
Approval and Development Standards require stockpiles of recycled material
to be fully screened from surrounding properties and road rights-of-way. A
maximum of nine railcars may be parked at this site. Because of the
elevation of the railroad track it is not feasible to screen the railroad cars.
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. In a referral
response dated February 22,2005,the City of Greeley expressed concerns
with outdoor storage, impacts to air quality, screening, and the haul route.
All of Greeley's concerns have been addressed in the Conditions of Approval
and Development Standards.
e. Section 23-2-230.6.5--The application complies with Chapter23,Article 5,
of the Weld County Code. A portion of the site,along the eastern boundary,
lies within the flood overlay district. The Conditions of Approval ensure that
construction of the earthen bumper at the end of the rail addresses floodplain
issues. 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
Program.
f. Section 23-2-230.6.6--The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The agricultural value of the property is limited by its size, shape, and
changing elevations.
g. Section 23-2-230.6.7 -- 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
adequate provisions for the protection of the health,safety,and welfare of the
inhabitants of the neighborhood and County.
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NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Union Pacific Railroad Company for a Site Specific
Development Plan and Use by Special Review Permit#1501 fora Use Permitted as a Use by Right
or Accessory Use in the Industrial Zone District(railroad car loading area for recyclable materials
from Anderson's Salvage Yard)in the A(Agricultural)Zone District on the parcel of land described
above be, and hereby is, granted subject to the following conditions:
1. Prior to recording the plat:
A. The applicant shall submit a Landscape/Screening Plan to the Department
of Planning Services for review and approval. The plan can include the use
of landscaping, solid fencing, or walls of sufficient height to fully screen all
outdoor storage from surrounding properties and public rights-of-way. Any
landscaping should provide year-round screening of a sufficient height to fully
screen all stored material. This does not include screening of rail cars or the
loading tractor.
B. The applicant shall submit a haul route to the Department of Planning
Services for review and approval.
C. The applicant shall submit evidence that the plat for Subdivision
Exemption#1051 has been recorded in the office of the Weld County Clerk
and Recorder.
D. The applicant shall attempt to address the requirements and concerns of the
Eaton Fire Protection District, as stated in the referral response dated
March 9, 2005. Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services.
E. The Eaton Fire Protection District has indicated that the access road must
have an unobstructed width of not less that twenty(20)feet. The applicant
shall provide the Departments of Public Works and Planning Services with
verification that the width of the access and lane is adequate for emergency
response purposes.
F. The applicant shall submit a Dust Abatement Plan to the Weld County
Department of Planning Services for review and approval by the
Environmental Health Services Division of the Weld County Department of
Public Health and Environment and the Department of Public Works. The
Dust Abatement Plan shall include an alternate plan for crushed concrete if
there are related dust complaints.
G. 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. Evidence of Department of Public Health
and Environment approval shall be submitted to the Department of Planning
Services. The plan shall include at a minimum, the following:
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1) A list of wastes which are expected to be generated on the site(this
should include expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on
the site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
H. 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.
Application materials indicate that an earthen berm will be installed and
changes will be made to the elevation in the floodplain. The applicant shall
submit evidence that delineates compliance with the Flood Hazard Overlay
District as outlined in Chapter 23, Article V, Division 3, of the Weld County
Code.
J. The plat shall be amended as follows:
1) All pages of the plat shall be labeled USR-1501.
2) The attached Development Standards shall be shown on the plat.
3) The boundaries of the USR shall be adjusted to be outside of the R-1
(Residential) Zone District on the east side of the site.
4) The applicant shall submit an Access and Utility Easement
Agreement showing permanent access across the Union Pacific
Railroad property west of the site onto Weld County Road 39.5.
5) The approved Landscape/Screening Plan.
K. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit a
Mylar plat, along with all other documentation required as Conditions of Approval.
The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder
by the Department of Planning Services. The plat shall be prepared in accordance
with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar
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plat and additional requirements shall be submitted within thirty(30)days from the
date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee.
3. The Department of Planning Services respectfully requests the surveyor provide a
digital copy of this Use by Special Review. Acceptable CAD formats are.dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo
Coverages and Arclnfo Export files format type is .e00. The preferred format for
Images is.tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
4. Prior to issuance of building permits:
A. A Stormwater Discharge Permit may be required for a development/
redevelopment/construction site where a contiguous or non-contiguous land
disturbance is greater than or equal to one (1) acre in area. Contact the
Water Quality Control Division of the Colorado Department of Public Health
and Environment at www.cdphe.state.co.us/wq/PermitsUnit for more
information.
5. Prior to operation:
A. An individual sewage disposal system is required (a vault system with a
handwash station is an option)and 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.
C. Crushed concrete shall be placed on the access and the internal road
system throughout the stockpile/loading area, including the 50-foot
turnaround cul-de-sac.
6. The Use by Special Review activity shall not occur,nor shall any building or electrical
permits be issued on the property, until the Use by Special Review plat is ready to
be recorded in the office of the Weld County Clerk and Recorder.
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 29th day of June, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: aada% 44041‘ • (AYE)
William erke, Chair
Weld County Clerk to the Board
NAY
M. J. , ro 1;:
BY: 71,14111 ll° CI��
Deputy Clethe Board (AYE)
d Long n
APP D AS RM: \V��' (AYE)
Robert D. Masd n
ou A{or ey (AYE)
Glenn Vaad
Date of signature: �f - "0a
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
UNION PACIFIC RAILROAD COMPANY
USR#1501
1. The Site Specific Development Plan and Use by Special Review Permit#1501 is for a Use
Permitted as a Use by Right or an Accessory Use in the Industrial Zone District(railroad car
loading area for recyclable materials from Anderson's Salvage Yard)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. 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 Program.
4. Landscaping and screening on the site shall be maintained in accordance with the approved
Landscape/Screening Plan.
5. The off-street loading spaces shall be surfaced with gravel,asphalt, or concrete and shall
be graded to prevent drainage problems. Each space should be equipped with wheel
guards where necessary to prevent vehicles from extending beyond the boundaries of the
space and from coming into contact with other vehicles, walls, fences, or plantings.
6. 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.
7. 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.
8. Waste materials shall be handled,stored,and disposed of in a manner that controls fugitive
dust,fugitive particulate emissions,blowing debris,and other potential nuisance conditions.
9. The applicant shall operate in accordance with the approved Waste Handling Plan.
10. 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.
11. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone District as delineated in Section 25-12-103, C.R.S.
12. Adequate hand washing and toilet facilities shall be provided for employees. A conventional
septic system or a permanent vaulted restroom facility (similar to a rest area or park
service) shall be provided for employees.
13. North Weld County Water District is able and intends to provide water service to the site.
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14. If applicable,the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
15. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code.
16. A building permit shall be obtained prior to the construction of any new building.
17. A plan review is required for each building for which a building permit is required. Plans shall
include a floor plan and bear the wet stamp of a Colorado registered architect or engineer.
Two complete sets of plans are required when applying for each permit. Include a Code
Analysis Data sheet provided by the Weld County Department of Building Inspection with
each building permit application.
18. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently, the following have been adopted by Weld County: 2003
International Building Code,2003 International Mechanical Code,2003 International Plumbing
Code, 2003 International Fuel Gas Code, and the 2002 National Electrical Code, and
Chapter 29 of the Weld County Code.
19. The future vehicle storage building will be classified as S-2 occupancy. Hazardous
materials shall not exceed the amounts in table 307.7(1). Contact the Eaton Fire Protection
District for its requirements. 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.
20. 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
Chapter23 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.
21. All construction or improvements occurring in the floodplain, as delineated on Federal
Emergency Management Agency FIRM Community Panel Map 080266 0628 C, dated
September 28, 1982,shall comply with the Flood Hazard Overlay District requirements of
Chapter 23, Article V, Division 3, of the Weld County Code.
22. As indicated in application materials, no more than nine(9)rail cars shall be on the site at
one time.
23. The hours of operation shall be 8:00 a.m. through 5:00 p.m., Monday through Friday.
24. As indicated in the application materials,no more than one(1)track hoe shall be on the site
at one time for loading material into the rail cars.
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25. Tractor-trailer trucks used to haul material to the site shall not be parked on the site.
26. As indicated in application materials, no more than five(5)employees shall be on the site
at one time.
27. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
28. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
29. 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.
30. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial changes
from the plans or Development Standards as shown or stated shall require the approval of
an amendment of the Permit by the Weld County Board of County Commissioners before
such changes from the plans or Development Standards are permitted. Any other changes
shall be filed in the office of the Department of Planning Services.
31. 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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