HomeMy WebLinkAbout20051901.tiff HEARING CERTIFICATION
DOCKET NO. 2005-47
RE: 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
A public hearing was conducted on June 29, 2005, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner M. J. Geile, Pro-Tern
Commissioner David E. Long
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Assistant County Attorney, Lee Morrison
Planning Department representative, Sheri Lockman
Health Department representative, Char Davis
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated June 10,2005,and duly published June 15,2005,in
the Fort Lupton Press, a public hearing was conducted to consider the request of Union Pacific
Railroad Company fora 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. Bruce Barker,County Attorney,made this a matter of record. Sheri Lockman, Department
of Planning Services, presented a brief summary of the proposal and entered the favorable
recommendation of the Planning Commission into the record as written. She gave a brief
description of the location of the site and surrounding land uses. She stated nine referral agencies
reviewed this proposal, seven responded favorably or provided comments that have been
addressed in the Conditions of Approval and Development Standards,and staff received six letters
and a petition requesting denial of this application. Ms.Lockman stated the applicant has submitted
a sound studyforstaffs'review,displayed photographs of the site and surrounding area,and stated
the applicant will be required to move the USR boundary out of the Residential Zone District.
Responding to Commissioner Geile,Ms. Lockman stated the applicant is working with the neighbors
regarding screening and the number of railroad cars that will be loaded on the property. In response
to Chair Jerke, Ms. Lockman stated this would be a permanent use.
Char Davis,Department of Public Health and Environment,stated staff is requesting a vault system,
versus the use of Port-A-Potties,and there is a letter of intent indicating the property will be served
by the North Weld County Water District.
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Donald Carroll,Department of Public Works,reviewed the surrounding land uses,and stated Weld
County Road 39.5 has been improved to accommodate the existing uses. He stated staff is
recommending the applicant apply adequate gravel and compaction to handle loading and
unloading. He further stated the applicant has provided a Stormwater Drainage Study,which has
been approved by staff. Responding to Commissioner Masden,Ms.Lockman stated the south end
of Fagerberg Subdivision is a field. In response to Commissioner Vaad, Mr. Carroll stated the
applicant will need to describe the haul route before he can provide information regarding weight
restrictions, and he noted the number of trucks will be limited. Responding to Chair Jerke, Mr.
Carroll stated Weld County Road 41 is paved, and the bridge across the drainage area is a legal
bridge, therefore, there are no restrictions on that route.
Mike Hein, Pickett Engineering, represented the applicant and stated the Union Pacific Railroad
right-of-way is currently under contract, and the sale is contingent on approval of this permit. He
stated scrap metal will be processed,washed,and separated at the Anderson's Sales and Salvage
yard before being hauled to the subject site. He stated the applicant currently hauls the material out
on a railroad spur that crosses the U.S. Highway 85 Bypass, and the Union Pacific Railroad
Company has discussed closing that spur for safety reasons. Mr. Hein explained once the material
is off-loaded, it will be stockpiled for thirty to sixty days until there is enough to load the railroad cars.
He stated the Landscape and Screening Plan has been submitted; however, the applicant would
like to request a change in the six-foot chainlink fence to remove the three strands of barbed wire
from the top, to address the neighbors' concern that the wire might collect trash. He stated the
applicant has agreed to travel west on East 8th Street to the U.S. Highway 85 Bypass, then travel
north to O Street(Weld County Road 64),turn onto Weld County Road 39,and then enter the site.
He further stated the applicant is requesting the proposed 40-foot by 60-foot storage/machinery
structure be removed from the application and they will review the comments from the Eaton Fire
Protection District. He stated the applicant will submit Dust Abatement and Waste Handling Plans,
and they are requesting a vault system with a hand washing station for septic service. Mr. Hein
stated the applicant is also working to negotiate an agreement with the Hungenbergs, who own
property to the south, which addresses the irrigation ditch. He stated the ditch is used by the
Hungenbergs;however,it is located on the Union Pacific right-of-way. He stated it has been agreed
that the ditch will be relocated onto the Hungenberg property,which will allow the applicant to use
that portion of his property as a turn around area for his trucks. He further stated the agreement has
been signed and notarized by both parties. Mr. Hein stated during the Planning Commission
hearing,the applicant agreed to reduce the hours of operation to be 8:00 a.m.to 5:00 p.m., Monday
through Friday, and adjust the haul route as previously described. He stated the applicant also
requested they be allowed to operate at noise levels that are allowed in the Industrial Zone District,
and submitted a Noise Study. He stated at this time the applicant would like to request the
installation of a 40-foot-tall pole for a datalink for telecommunications.
In response to Commissioner Vaad, Mr. Hein indicated the location of the proposed fence and
reviewed the fence materials and landscaping. Responding to Commissioner Geile, Mr. Hein stated
there will be slats in the fence to screen the property.
Dean Anderson, applicant, stated the fence will be six feet tall and located on top of the berm,
whereas, the stockpiles will be six feet tall and located down in the draw at the base of the berm.
Responding to Commissioner Geile,Mr.Anderson stated they normally produce 2,000 to 2,500 tons
of scrap metal per month, with a majority being sold and transported by truck. He explained this
permit would provide the option to sell and deliver by rail to other steel mills. He stated a month of
production can generate up to four truck loads per day, using 18-wheeler end-dump trucks.
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Responding further to Commissioner Geile, Mr. Anderson stated they will limit the loading to 20
railroad cars per month,they only allow nine cars on the site at a time,and Union Pacific serves this
spur on Monday and Wednesday. He stated at the Planning Commission hearing the neighbors
requested commercial noise level restrictions; however, he is requesting the standard noise level
allowed in the Industrial Zone District due to the noise caused by the moving equipment and loading
process.
Chair Jerke recessed the hearing until 1:30. Let the record reflect Lee Morrison,Assistant County
Attorney, attended the remainder of the hearing.
Upon reconvening,Paul Hungenberg,owner of Hungenberg Produce,stated the subject property
comes within two feet of his building; however,they have worked out all of the problems and there
is a signed agreement. He stated there will be piles of scrap metal which can be unsightly,
therefore,he requested there be some accountability to ensure the piles do not get too high or stay
too long. In response to Commissioner Vaad,Mr.Hungenberg stated the letter from Melvin Dinner,
dated February 21, 2005, represented various property owners and matters of concern; however,
those issues have been resolved. He stated some of the other neighbors still have lingering
concerns regarding the screening and noise as expressed at the Planning Commission;however,
they are not in attendance. Mr.Morrison stated on March 21,2005, Mr.Anderson submitted a letter
of intent, and Mr. Hungenberg confirmed there is now a signed agreement that will be recorded if
this matter is approved.
Responding to Commissioner Geile, Ms. Lockman stated there is a strip of nearby properties that
are zoned Industrial;however,this property is zoned Agricultural. Commissioner Geile expressed
concern with the potential for conflicts with surrounding residential uses. Mr. Hungenberg stated
the neighborhood concerns dealt primarily with noise. In response to ChairJerke,Mr.Hungenberg
stated the Hoshiko property that was rezoned to Industrial is located 100 feet northwest of his
property. There being no further comments, Chair Jerke closed public testimony.
Mr. Anderson reviewed the side view diagram of the piles, which will not be visible from the
surrounding properties,and stated the surrounding houses will be one-quarter of a mile east of the
central area where the noise will be generated. He stated he is not requesting high noise levels;only
what is allowed in the Industrial Zone District. He stated if everything were sold by rail,they would
generate four truck loads per day,with 20 hours of loading time per month; however, if they never
use this site, it will pay for itself since this option increased their demand at the Pueblo steel mill.
Responding to Commissioner Long, Mr. Anderson stated the trucks will dump the processed
material into the trench area to a depth of three rows, and the shorter piles will be easier to move
with the magnetic loader. Responding to Commissioner Geile, Mr. Anderson stated he has
discussed annexing the existing site into the City of Greeley; however, he has not considered
annexing the subject site. He stated he reviewed many stretches of track to find a suitable location,
and the Union Pacific Railroad Company indicated the subject site would be best suited for this type
of operation. He reiterated they no longer want to use the old railroad spur at the sugar plant since
it is very dangerous to cross the U.S. Highway 85 Bypass. Responding to Chair Jerke, Mr.
Anderson stated he has reviewed and concurs with the Conditions of Approval and Development
Standards as proposed.
Commissioner Vaad moved to approve the request 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
2005-1901
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HEARING CERTIFICATION - UNION PACIFIC RAILROAD COMPANY(USR#1501)
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materials from Anderson's Salvage Yard) in the A (Agricultural) Zone District, based on the
recommendations of the Planning staff and the Planning Commission, with the Conditions of
Approval and Development Standards as entered into the record. The motion was seconded by
Commissioner Masden. In response to Mr.Anderson,the Board indicated the approval allows for
Industrial Zone noise levels. Responding to Commissioner Vaad, Ms. Lockman stated based on
the application materials,the recycled materials will only come from Anderson's Salvage Yard. Mr.
Anderson stated that is correct because he does not intend to load for his competitors.
Commissioner Geile commended the applicant for the amount of work and negotiations that have
taken place with the surrounding property owners;however, he still has concerns with compatibility
with future and existing surrounding land uses. He stated stockpiling recycled material could have
a negative impact on the visual aesthetics and property values in the area. He further stated he
does not feel this is the best use of this property and it could hinder future economic possibilities.
He stated he does not support this application as it relates to Section 22-2-150, Industrial
Development Goals and Policies, of the Weld County Code.
Commissioner Long stated a majority of the concerns expressed by the surrounding property
owners have been addressed through agreements that have been made, and the Conditions of
Approval and Development Standards place suitable accountability on the applicant. He stated the
proposed screening, in addition to unloading the material in the trench area,will reduce the noise
impact, and the remaining noise will be generated by the movement of the train and loading
activities,which is similar to the previous nature of the property. Upon a call forthe vote,the motion
carried four to one with Commissioner Geile opposed. There being no further discussion, the
hearing was completed at 1:55 p.m.
T is Certification was approved on the 6th day of July 2005.
i j.®`�, APPROVED:
,/ ,
`.,. BOARD OF COUNTY COMMISSIONERS
I �� WELD COUN TY, OhOfj�4DO
JG.4s
1 le William H. rke, Chair
t•'1^:V'.unty Clerk to t Board
M. J. • rR-Tp�`�
BY: `eputy Cler o the Board aw(N,
Da d E. Lon
TAPE #2005-29
Robe D. Masde
DOCKET#2005-47
Glenn Vaad
2005-1901
PL1681
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1501 - UNION PACIFIC RAILROAD
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 04/05/2005)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Certification and Photo of sign posting
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