HomeMy WebLinkAbout20053489.tiff HEARING CERTIFICATION
DOCKET NO. 2005-94
RE: 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.
A public hearing was conducted on December 21,2005,at 10:00 a.m.,with the following present:
Commissioner William H. Jerke, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner David E. Long
Commissioner Robert D. Masden - EXCUSED
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Chris Gathman
Health Department representative, Char Davis
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated December2,2005,and duly published December 7,
2005, in the Fort Lupton Press, a public hearing was conducted to consider the request of Waste
Management Disposal Services of Colorado, Inc.,fora 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. Lee
Morrison, Assistant County Attorney, made this a matter of record. Chair Jerke advised the
applicant's representative, Chip Wertz, that he has the option of continuing this matter to a date
when the full Board will be present. However, if he decides to proceed today, it will require three
affirmative votes, or in the case of a tie vote, Commissioner Masden will listen to the record and
make the determining vote. Mr. Wertz indicated he would like to proceed today.
Chris Gathman, Department of Planning Services, presented a brief summary of the proposal,
entered the favorable recommendation of the Planning Commission into the record as written,and
gave a brief description of the location of the site. He stated eleven referral agencies reviewed this
proposal, and ten responded favorably or provided comments that have been addressed in the
Conditions of Approval and Development Standards. He stated the Colorado Department of
Transportation (COOT) is reviewing the Traffic Study and has indicated no concerns; however,
additional improvements may be required if State Highway 14 is upgraded in the future. Mr.
Gathman stated staff received one letter of opposition from a surrounding property owner regarding
decreased property values. He submitted a Memorandum, marked Exhibit G, requesting the
addition of Development Standards #24 and #25 regarding the Capital Expansion Impact fee,
2005-3489
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HEARING CERTIFICATION-WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO,
INC (USR#1527)
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Stormwater/Drainage Impact fee, and County-Wide Road Impact fee. Responding to
Commissioner Geile, Mr. Gathman reviewed the proposed additional uses on the site, and
confirmed there will be no additional waste disposal operations.
Char Davis,Department of Public Health and Environment,stated the site is serviced by the North
Weld County Water District and will require an engineer-designed septic system for the
administrative offices and/or repair wash bay. She requested the addition of two Development
Standards,which were inadvertently omitted from the Planning Commission Resolution. She stated
the first shall state,"The applicant shall operate in accordance with the approved Waste Handling
Plan," and the second shall state, "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."
Donald Carroll, Department of Public Works, stated the on-site improvements deal with access,
parking,and stormwaterdrainage. He stated the site will be accessed from Weld County Road 25,
which will be paved from State Highway 14 to Weld County Road 84. He explained the applicant
intends to relocate an existing trucking operation from the Fort Collins area,and utilize this site as
a maintenance and parking area for the truck fleet. Mr.Carroll stated the site has adequate access,
parking, circulation, road base and drainage. He stated the off-site improvements include paving
Weld County Road 25,which will be adequate to accommodate heavy hauling. He further stated
the Long-Term Maintenance and Improvements Agreement indicates the applicant will pay 100
percent of the improvement costs, and at this time he is unsure whether CDOT will require any
additional improvements at the intersection of Weld County Road 25 and State Highway 14.
Mr.Wertz stated this site will be used to consolidate various operating facilities in northern Colorado
on a property that is in close proximity to the existing waste facility. In response to Commissioner
Geile, Mr. Wertz stated there will be an 8,500-square foot administrative complex, and a
13,500-square foot primary maintenance building that will include a truck wash,welding bays,and
paint booth. He stated the site will contain 75 to 90 trucks, and the plan is designed to allow for
growth in the future up to a capacity of 130 trucks. He further stated the site will initially have parking
for 125 employees, with a maximum of 160 employees in the future, including mechanics and
drivers. Responding to Chair Jerke, Mr. Wertz stated the applicant currently has 125 employees
that will be consolidated from various locations to this one site. He stated theyanticipate the capital
investment to be between $3 and $4 million. In response to Chair Jerke, Mr. Wertz stated the
property is currently used as agricultural dryland. ChairJerke commented this area will change in
the next decade, since the City of Thornton owns the water that has historically been used for
agriculture. Responding to Commissioner Vaad, Mr. Wertz stated the entire permit area will be
fenced, and there will be additional fencing within the site. He further stated tumble weeds
accumulating along the fence line will be removed during routine maintenance of the site. In
response to Chair Jerke, Mr. Wertz stated there are no existing oil and gas activities on the site;
however, the applicant has been working with Anadarko to finalize a Surface Use Agreement.
No public testimony was offered concerning this matter. In response to Chair Jerke, Mr. Wertz
stated he and the applicant have reviewed and concur with the Conditions of Approval and
Development Standards as proposed and modified. Mr. Wertz expressed concern with meeting
Condition of approval #2 which requires completion of the plat within 30 days. (Switched to
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INC (USR#1527)
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Tape#2005-50.) Mr.Gathman stated staff is agreeable to working with the applicant and allowing
additional time, if needed. Mr. Morrison stated the Board can extend the period of time, since
technically, if the work is not done within 30 days,the Board can consider revoking the permit. Mr.
Gathman proposed allowing the applicant 90 days to complete the plat. Responding to
Commissioner Long, Mr.Wertz stated 90 days will be sufficient to complete the requirements under
Condition of Approval#1. (Clerk's Note:Condition of Approval#6 was modified from sixty(60)days
to ninety(90)days for consistency.) The Board indicated agreement with adding the Development
Standards as proposed by staff and amending Condition of Approval#2 to allow the applicant 90
days to complete the plat. In response to Chair Jerke, Ms. Davis stated her proposed language
should be inserted as Development Standards #9 and #13, and to renumber accordingly.
Commissioner Long moved to approve the request 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,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. His motion included adding Development Standards#9,#13,
#24 and#25 as proposed by staff, and modifying Condition to#2 to allow the applicant 90 days to
complete the plat. The motion was seconded by Commissioner Vaad. Chair Jerke thanked the
applicant for working with the County regarding off-site improvements and for bringing jobs to Weld
County. Commissioner Vaad commented Waste Management has been a good neighbor in the
past. There being no further discussion, the motion carried unanimously and the hearing was
completed at 11:25 a.m.
This Certification was approved on the 28th day of December 2005.
APPROVED:
f\ EOARD OF COUNTY ms♦
COMMISSIONERS
ELD COUNTY, COLORADO
F
J� l / s h�
ATTEST: -
� ,'��� ' y fit' illiam H. Je e, Chair
Weld County Clerk to the Bo.�•, -' ,. ?
BY: j l l 1 f� �� E d 1 i e, ro
Duty CI to the Boar
David E. Long
TAPE #2005-49 EXCUSED
Rob-rt D. Ma en
DOCKET#2005-94
Glenn Vaad-----
2005-3489
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 21ST DAY OF DECEMBER, 2005:
DOCKET#2005-95 - LOVELAND READY MIX CONCRETE, INC.
DOCKET#2005-94-WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, INC.
DOCKET#2005-96 - GOLD STONE CENTER, LLC
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1527 -WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, INC
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 10/04/2005)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Memo re: Items completed prior to
scheduling dated 11/08/2005
F. Planning Staff Certification and Photo of sign posting
G. Planning Staff Memo re: Revisions to Development
Standards
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