HomeMy WebLinkAbout20053475.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1527 FOR A USE PERMITTED AS A USE BY RIGHT OR AN ACCESSORY
USE IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (ADMINISTRATION
FACILITY, CONTAINER REPAIR FACILITY, FUELING STATION, TRUCK WASH,
CONTAINER STORAGE,AND TRUCK STORAGE)IN THE A(AGRICULTURAL)ZONE
DISTRICT -WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board of County Commissioners held a public hearing on the 21st day of
December,2005,at the hour of 10:00 a.m.in the Chambers of the Board for the purpose of hearing
the application of Waste Management Disposal Services of Colorado, Inc., P. O. Box 1450,
Chicago, IL 60605-1450,for a Site Specific Development Plan and Use by Special Review Permit
#1527 for a Use Permitted as a Use by Right or an Accessory Use in the Commercial or Industrial
Zone Districts(administration facility,container repair facility,fueling station,truck wash,container
storage,and truck storage)in the A(Agricultural)Zone District on the following described real estate,
being more particularly described as follows:
Part of the NW1/4 of Section 7, Township 7 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Chip Wertz, 8310 South Valley Highway,
Suite 200, Englewood, Colorado 80112, 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.D (A.Goal 4) of the Weld County Code states, "Conversion of
agricultural lands to nonurban residential,commercial,and industrial uses,
will be accommodated when the subject site is in an area that can support
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SPECIAL REVIEW PERMIT #1527 - WASTE MANAGEMENT DISPOSAL SERVICES OF
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such development. Such development shall attempt to be compatible with
the region. This goal is intended to address conversion of agricultural land
to nonurban uses." The site is to be served by the North Weld County Water
District and individual septic systems. The site is located within one(1)mile
of State Highway 14 and within two (2) miles of the existing Waste
Management Disposal Services landfill operation to the south.
b. Section 23-2-230.B.2--The proposed use is consistent with the intent of the
A(Agricultural)Zone District. Section 23-3-40.R of the Weld County Code
provides for Uses by Right and Accessory Uses in the Commercial and
Industrial Zone Districts as a Use by Special Review in the A(Agricultural)
Zone District.
c. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The property is adjacent to vacant
farmland to the north and west. The existing Waste Management landfill is
located two (2) miles to the south of the site. The nearest single family
residences are located approximately.75 miles east of the site and.75 miles
north of the site. The site is not visible from the residence to the north due
to the hilly terrain in the area.
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 is
not located within an existing urban growth boundary or intergovernmental
agreement boundary. The proposed development is located within the
three-mile referral boundary of the Town of Severance, from which no
referral response has been received.
e. Section 23-2-230.6.5--The application complies with Chapter 23,Article V,
of the Weld County Code. Effective January 1,2003,building permits issued
on the proposed lots will be required to adhere to the fee structure of the
County-Wide Road Impact Program. Effective June 1, 2005, building
permits issued on the site will be required to adhere to the fee structure of
the Capital Expansion Fee.
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 application is located on land designated as "prime if irrigated",
according to the United States Department of Agriculture (USDA) Prime
Farmlands of Weld County Map. The proposed development will
encompass only 27 acres of an existing 184-acre agricultural parcel.
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g. Section 23-2-230.B.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.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Waste Management Disposal Services of Colorado, Inc.
for a Site Specific Development Plan and Use by Special Review Permit#1527 for a Use Permitted
as a Use by Right or an Accessory Use in the Commercial or Industrial Zone Districts
(administration facility,container repair facility,fueling station,truck wash, container storage,and
truck storage) 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. All sheets of the plat shall be labeled USR-1527.
B. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) Weld County Roads 25 and 84 are designated on the Weld County
Road Classification Plan as local gravel roads,which require 60 feet
of right-of-way at full build out. There is presently 60 feet of
right-of-way. A total of 30 feet from the centerline of Weld County
Roads 25 and 84 shall be delineated as right-of-way on the plat.
These roads are maintained by Weld County.
C. The applicant shall enter into a Long-Term Road Maintenance and
Improvements Agreement with the Weld County Department of Public
Works for the upgrade, paving, and future maintenance of Weld County
Road 25. Evidence of approval by the Department of Public Works shall be
submitted to the Department of Planning Services.
D. The applicant shall complete all proposed improvements regarding access,
circulation,parking lot improvements,and landscaping to the satisfaction of
the Departments of Planning Services and Public Works, or enter into an
Improvements Agreement Regarding Collateral for Improvements and post
adequate collateral for all required on-site improvements. The agreement
and form of collateral shall be reviewed by County staff and accepted by the
Board of County Commissioners prior to recording the Use by Special
Review plat.
E. The applicant shall submit a Dust Abatement Plan to the Environmental
Health Services Division of the Weld County Department of Public Health
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and Environment,for review and approval. Written evidence of such shall be
provided to the Department of Planning Services.
F. 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. Written evidence of such shall be
provided to the Departments of Public Health and Environment and Planning
Services.
G. 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 fora
Colorado Discharge Permit System (CDPS) permit or a waiver. Written
evidence of such shall be provided to the Department of Planning Services.
H. The applicant shall submit evidence of an Aboveground Storage Tank Permit
from the Colorado Department of Labor and Employment, Oil Inspection
Section,for any aboveground storage tanks located on the site. Alternately,
the applicant can provide evidence from the Colorado Department of Labor
and Employment, Oil Inspection Section, that they are not subject to these
requirements. Written evidence of such shall be provided to the Department
of Planning Services.
A detailed Design and Operation Plan for the truck wash and repair shop
floor 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 truck wash
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:
1) A description of the materials used to construct the wash bay.
2) The method of construction incorporated to prevent wastewater from
escaping the structure.
3) A schematic of the flow of water through the wash bay, screen, and
oil/grease trap to the evaporation pond.
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4) A water balance, or other demonstration,that the evaporation pond
is adequately sized to store and dispose of the anticipated hydraulic
load from the trailer-wash and stormwater runoff.
5) Written evidence of approval by the Department of Public Health and
Environment shall be provided to the Department of Planning
Services.
J. 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:
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).
4) Written evidence of approval bythe Department of Public Health and
Environment shall be provided to the Department of Planning
Services.
K. The applicant shall attempt to address the requirements of the
Windsor-Severance Fire Protection District, as outlined in the referral
received September 15, 2005. Written evidence of such shall be provided
to the Department of Planning Services.
L. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
2. Upon completion of Condition of Approval#1 above, the applicant shall submit a
Mylar plat, along with all other documentation required as Conditions of Approval.
The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder
by the Department of Planning Services. The plat shall be prepared in accordance
with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar
plat and additional requirements shall be submitted within ninety(90)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
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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 Certificate of Occupancy:
A. An Individual Sewage Disposal System is required for the administration
and/or repair/wash bay building and shall be installed according to the Weld
County Individual Sewage Disposal System (I.S.D.S.) Regulations. An
application for a septic permit for the office and shop has been applied for
(SP-0500167).
B. The septic system is required to be designed by a Colorado registered
professional engineer according to the I.S.D.S. Regulations.
C. In the event the septic system(s) requires a design capacity of over 2,000
gallons of sewage per day, the applicant shall provide evidence that all
requirements of the Water Quality Control Division of the Colorado
Department of Public Health and Environment(specifically Policies WQSA-6
and WQSA-8 ) have been satisfied. Evidence of compliance shall be
provided to the Weld County Department of Public Health and Environment.
D. The applicant shall submit evidence of an Underground Injection Control
(UIC) Class V Injection Well permit from the Environmental Protection
Agency(EPA)for any large-capacity septic system(a septic system with the
capacity to serve 20 or more persons per day). Alternately,the applicant can
provide evidence from the EPA that they are not subject to the EPA Class V
requirements.
E. Two complete sets of engineered stamped plans will be required at the time
of permit application. Actual building permit requirements will be determined
at the Plan Review stage, after the building permits have been applied for.
Approval from the Local Fire District must be submitted before permits can
be finalized.
5. 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.
6. In accordance with Weld County Code Ordinance 2005-7,approved June 1,2005,
should the plat not be recorded within the required ninety(90)days from the date the
Board of County Commissioners Resolution was signed, a $50.00 recording
continuance charge shall be added for each additional three (3) month period.
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SPECIAL REVIEW PERMIT #1527 - WASTE MANAGEMENT DISPOSAL SERVICES OF
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 21st day of December, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
6:. illiam H. J- e, Chair
Weld County Clerk to th •-
BY: 1t
V " M. J. ile, Pro- em
4 'l GY-i��:'; 1 —a`
D: uty Cle to the Board ,�• 1�
David E. Long
APP ZS-Tic M: EXCUSED I
Robg D. Masd
ounty Attorney O/i,,t/ di
Glenn Vad
Date of signature: 11311N
I IOC
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, INC.
USR#1527
1. The Site Specific Development Plan and Use by Special Review Permit#1527 is for a Use
Permitted as a Use by Right or an Accessory Use in the Commercial or Industrial Zone
Districts(administration facility,container repair facility,fueling station,truck wash,container
storage and truck storage)in theA(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. A maximum of one hundred sixty(160)persons are to be employed at the site,as stated in
the application materials.
4. A maximum of one hundred thirty(130)trucks shall leave and return to the site each day
(260 truck trips), as outlined in the application materials.
5. The hours of operation shall be 24 hours a day,365 days a year,as stated in the application
materials.
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 in a manner that controls fugitive
dust, 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. The 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 and patrons of
the facility.
13. The truck wash shall be operated in accordance with the approved Design and Operations
Plan and with the rules and regulations of the Water Quality Control Commission and of the
Environmental Protection Agency.
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14. The facility shall have adequate equipment to de-water the retention structure,if necessary.
15. The applicant shall comply with all provisions of the Underground and Aboveground Storage
Tank Regulations.
16. 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.
17. The facility shall utilize the existing public water supply, North Weld County Water District.
18. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
19. If applicable,the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
20. A building permit is required for each structure on the site. Two complete sets of engineered
stamped plans will be required at the time of the permit application.
21. Buildings shall conform to the various codes adopted at the time of the permit application.
Current codes adopted by Weld County include: 2003 International Building Code, 2003
International Mechanical Code,2003 International Plumbing Code,2003 International Fuel
Gas Code, 2002 National Electrical Code, and Chapter 29 of the Weld County Code.
22. Fire resistance of walls and openings,construction requirements,maximum building height,
and allowable areas will be reviewed at the Site Plan Review. Setback and offset distances
shall be determined by Chapter 23 of the Weld County Code.
23. The off-street parking spaces at the main office/trucks/employee parking lots,including the
access,shall be surfaced with asphalt, concrete,or the equivalent,and shall be graded to
prevent drainage problems.
24. The landscaping on the site shall be maintained in accordance with the approved Landscape
Plan.
25. 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.
26. Effective August 1,2005,building permits issued on the site will be required to adhere to the
fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
27. Effective January 1, 2003, building permits issued on the proposed lot will be required to
adhere to the fee structure of the County-Wide Road Impact Program.
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28. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
29. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
30. Weld County Government Personnel shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Development Standards stated herein and all applicable Weld County regulations.
31. 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.
32. 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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