HomeMy WebLinkAbout20041163.tiff HEARING CERTIFICATION
DOCKET NO. 2004-42
RE: 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(AGRICULTURAL TRUCK TERMINAL AND WASH)
IN THE A (AGRICULTURAL) ZONE DISTRICT - FARMLAND RESERVE INC.,/JOHN
CREER
A public hearing was conducted on May 12, 2004, at 10:00 a.m., with the following present:
Commissioner Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner M. J. Geile
Commissioner David E. Long
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
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 April 23,2004, and duly published April 28,2004, in
the Fort Lupton Press, a public hearing was conducted to consider the request of Farmland
Reserve Inc./John Greer 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(agricultural truck terminal and wash) in the A (Agricultural)Zone District. Lee Morrison,
Assistant 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,which is within the three-mile referral area for the City of Greeley and Town of Kersey.
She also described the surrounding uses and displayed photographs of the area. In response to
Chair Masden,Ms.Lockman stated the two feedlots in the area contain approximately 59,000 cattle.
She stated 15 referral agencies reviewed this proposal; ten responded favorably or included
comments that have been addressed through the Conditions of Approval and Development
Standards. She further stated the Greeley-Weld County Airport Authority expressed concern
regarding the possible odor from the site,and staff received 13 letters of opposition and two letters
of support from surrounding property owners. She stated there was extensive testimony at the
Planning Commission hearing regarding the potential contamination of vegetables stored on the
Murata property; however, since that time the Murata facility has been sold to L.W. Miller and
submitted a letter retracting their previous objections. The applicant's sign plan indicated an
entrance sign measuring 16 feet by 8 feet,which exceeds the maximum size normally allowed in
the Agricultural Zone District; however, it is smaller that what is typically allowed in the Commercial
or Industrial Zone Districts. Ms. Lockman stated if this application is approved, the applicant will
submit an amendment to the permit to include the onion storage facility in the plans. The applicant's
representative has submitted a letter, marked Exhibit M, requesting a waiver of submittal fees,
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submittal of a new site plan and a legal description without notification to the surrounding property
owners, preadvertisement, and early release of Building Permits. She stated staff agrees the
applicant has spent a considerable amount of time mitigating concerns of surrounding property
owners; however,they do not support circumventing the normal procedure because of the interest
shown by the public through this process. In response to Commissioner Geile regarding whether
there will be an injection well associated with the washout facility,Ms.Lockman stated the applicant
will give a presentation on how the facility will operate. Char Davis,Department of Public Health and
Environment, stated the waste water will go through a treatment system, including a holding tank
and storage lagoon, and there will not be any discharge into a floor drain or septic system, which
is also considered a form of injection well. Responding to Commissioner Long, Donald Carroll,
Department of Public Works,stated the facility will be accessed from Highway 263 using a shared
access with the adjacent parcel to the east, which contains the onion facility. He stated the
entrance should be wide enough to accommodate two-way traffic and an adequate turning radius
for large trucks. Mr. Carroll stated the applicant will be required to pave a tracking pad extending
100 feet into the site from the highway, and the access will be a minimum of 60 feet in width. In
response to Chair Masden, Ms. Lockman stated the application indicates this facility will have ten
trucks using the washout, 15 to 20 semis using the terminal, and six employee vehicles.
Lauren Light, AGPROfessionals, LLC, represented the applicant and stated L.W. Miller hauls
products nation wide, the headquarters are in Utah, and the company intends to create its own
private truck terminal and trailer washout,since it currently pays approximately$100,000 annually
to the Greeley Washout facility. Ms. Light stated the original application was for the truck terminal,
and was later amended to include a trailer washout. She stated one week before the Planning
Commission hearing, Murata Farms submitted a letter expressing concern with the potential
contamination of the onion storage facility, therefore, the hearing was continued to allow the
applicant time to address the concerns. She further stated L.W.Miller purchased the 4.9-acre onion
storage facility from the Muratas, which addresses the concerns expressed at the Planning
Commission hearing. Ms. Light stated the property is within the Airport Overlay District,therefore,
residential uses are discouraged. This is an ideal location for the proposed use, which will have
access from Highway 263,and a direct route to U.S.Highway 85 and the ConAgra facility in Greeley.
She stated there will not be an increase in traffic on the highway because the applicant's trucks
already use the route to enter the Greeley Washout facility, the applicant is working with the
Colorado Department of Transportation (CDOT), there will be six employee cars, a maximum of
15 trucks making two trips per day,and 50 parking spaces for trailer storage and maintenance. She
stated the Planning Commission questioned whether there was enough business to support two
washout facilities; however, she reiterated this will be for the applicant's private use. She further
stated there will be no animals on the site, so there will be minimal odor. Ms. Light described the
layout changes which will need to be made to incorporate the adjacent property that has been
purchased, and she also described the self-contained waste water treatment process for the
record. She stated the site will be landscaped,the facility will use a tap from the North Weld County
Water District until the water augmentation application is complete, the septic system for the
terminal building will comply with Weld County Health standards,and there will be parking around
the new terminal building and at the office, if needed. Ms. Light stated this proposal is consistent
with the Weld County Code,an amendment will be submitted to incorporate the adjacent parcel,and
if this application is approved,they will begin construction on the washout facility. She reviewed the
various requests outlined in Exhibit M,which the applicant feels is reasonable since the land use
won't change and the concerns regarding the onion facility have been eliminated. She stated the
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proposed facility will save the applicant a lot of money which is currently being paid to the Greeley
Washout facility.
In response to Commissioners Jerke and Long, Tom Haren, AGPROfessionals, LLC, stated the
tallest building on the site will be 20 feet and,since the applicant purchased the other site,they have
considerable room to accommodate the trucks and will work with CDOT and the Weld County
Department of Public Works. Mr. Haren requested the Condition requiring a shared access be
modified since the onion facility is longer under separate ownership. Responding to Commissioner
Vaad, Mr. Haren stated the Greeley Washout has been annexed into the City of Greeley,and he is
not sure what percentage of the Greeley Washout income will be lost with approval of this request.
In response to CommissionerGeile's previous question regarding an injection well, Mr.Haren stated
Condition of Approval#1.D.1 is standard language for maintenance shops that may have chemicals
entering a floor drain and septic system. He stated this facility will have a sump that will be pumped
and waste will be removed from the site by a professional handler,therefore,the applicant will not
be subject to Environmental Protection Agency (EPA) requirements. Mr. Haren gave a brief
description of the waste handling system design, and added the system will help eliminate odor.
He stated the applicant has applied for a Groundwater Discharge Monitoring Permit,and although
the volumes will be much less than dairies and feedlots,the applicant will monitor the water wells
in the area. Responding to Chair Masden, Mr. Haren stated the State is reviewing their request to
monitor only the existing wells on the property. He further stated the applicant could not disprove
any negative affects on the onion storage facility; however, the matter was recommended for
approval by the Planning Commission. Since that time the applicant has spent $0.5 million to
purchase and enhance the site, as well as approximately$25,000 per month for trailer washout,
parking,etcetera. Mr. Haren stated because there was some delay in the process and the use will
not change, the applicant is requesting the amendment process be limited to a new site plan and
legal description,a waiver of fees for a streamlined review,and preadvertisement of the amended
Use by Special Review Permit. He also requested early release of Building Permits to allow the
applicant to begin remodeling the onion facility, and priority scheduling before the Planning
Commission.
Mr. Morrison stated the Board needs to hear testimony and make a determination on this permit
before considering requests regarding an amended application. He stated the Board will need to
discuss the items related to mitigation of the onion facility since that is no longer an issue.
Commissioner Geile concurred. In response to Commissioner Geile, Mr. Haren stated Lot B is a
56-acre parcel owned by Farmland Reserve, Inc.,which is under contract with L.W. Miller pending
approval of this permit. He further stated L.W. Miller has no interest in area feedlots; however,the
company does provide hauling services for Cervi. Mr. Haren reiterated this will be a private facility
for L.W. Miller trucks, and the company has no vested interest in feedlots; it is just a trucking
company. He further stated the applicant did purchase Lot A from Brian Murata; however,there is
a buyback option if this permit is not approved. Responding to Commissioner Jerke, Mr. Haren
stated although Lot B was owned by the Church of Latter-Day Saints, it was deeded to Farmland
Reserve, and if approved, the property will be transferred from Farmland Reserve to L.W. Miller,
which will be subject to commercial property taxes; it will not receive an exemption. Responding
further to Commissioner Jerke, Mr. Haren stated the Conditions of Approval and Development
Standards do not preclude the applicant from accepting other trucks for washout purposes;
however, it is their primary intention to have the site for private use. In response to Commissioner
Geile, Mr. Haren requested Development Standards #29 and #30 be modified to set higher
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maximum amounts that will be consistent with the amounts listed in the application. Commissioner
Jerke commented there should be no limit on how many trucks are washed per day. Chair Masden
concurred. Ms. Lockman explained there does need to be a limit which will be consistent with the
amount of water allowed by the State. Responding to Commissioner Long, Mr. Haren stated the
site facilities and ponds will be above grade and will only contain stormwater that falls directly on the
ponds. He explained the site drains to the southwest,and that portion of the site will be designated
for stormwater collection that will be released at the historic rate. He stated the waste from the
washout will go though the treatment process and then stored for land application. The trucks will
be washed in an enclosed building,and the water will go into the floor drain and eventually through
the treatment process. Responding to Chair Masden, Mr. Haren stated the storage ponds can be
treated for mosquito control; however, in monitoring other facilities he has found that this type of
wastewater is not conducive for breeding mosquitos. He explained the facility will be able to contain
three to four months of wastewater during times when the ground is frozen or saturated; however,
they will try to keep the ponds dewatered at other times, if possible. Responding further to Chair
Masden, Mr. Haren stated studies show the potential for spreading disease is minimal because it
cannot be transmitted without airborne water droplets, and the water spray will not not extend
beyond 50 feet from the washout.
Char Davis, Department of Public Health and Environment,stated Development Standards#29 and
#30 were included to address the minimum discharge and industrial wastewater application,which
states the washout process takes one hour and requires approximately 3,000 gallons of water per
trailer. She stated the application also indicates the washout will be used for ten livestock trailers
per day, which contradicts the containment of the storage lagoon, in the amount of only 15,000
gallons per day. Commissioner Geile indicated he had similar concerns and stated the facilities
should be designed to accommodate the amount of trucks and trailers being parked on the site.
Bernard Gesick, surrounding property owner, expressed concern with increased traffic on
Highway 263. He stated the highway is narrow and dangerous,trucks have a difficult time entering
the narrow access to the Greeley Washout,and the access to the proposed site is in a poor location
due to sight limitations. He stated the southwest portion of the site is located in a natural drainage
area,which has been flooded in the past. He further stated there are residents in the area who are
opposed and could not attend this hearing,and he expressed concern regarding the potential dust
nuisance.
Ed Duggan, Greeley Washout operator, questioned whether the proposed site will be for
commercial or private use. Ms. Lockman stated the application materials indicate this will be a
private facility and allowing other trucks would be considered a violation. Responding to Chair
Masden, Mr. Duggan stated his facility averages 30 trucks per day,and the washout is connected
to Greeley sewer.
Brian Murata, previous owner, stated he had issues but has come to a working arrangement to
address his concerns. In response to Commissioner Long, Mr. Murata stated there are options for
relocating and purchasing other facilities. He stated in 1996 there were not concerns regarding
airborne pathogens, but there have been many studies since that time and it is more difficult to find
a location that encompasses those concerns in Weld County. There being no further comments,
Chair Masden closed public testimony. (Switched to Tape#2004-22.)
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Mr. Haren requested Condition of Approval #1.E be modified to postpone the improvements
agreement so it does not interfere with the release of Building Permits. Ms. Lockman proposed
moving the language under Condition#2 prior to construction of the proposed office/shop,and the
Board concurred. Mr. Haren stated control of Highway 263 may be transferred from CDOT to Weld
County,therefore, he requested Condition#1.G be modified to replace the words"issued by"with
"submitted to"and reflect that the applicant will comply with the requirements of whichever entity
applies. He stated Condition of Approval#1.1.1 requires opaque fencing around all parking areas;
however, due to the topography of the site, no amount of screening will shield the trucks from
Highway 263. Commissioner Jerke suggested only screening the semi truck and trailing parking
areas. Mr. Haren reiterated they will still be visual from the highway. Commissioner Jerke
commented seeing semi trucks will not likely be a problem and it may be better to eliminate the
condition. Mr. Haren stated the truck facility in Utah is landscaped and well kept with graded parking
areas. Commissioner Geile commented regardless of the condition of the facility in Utah, there
needs to be regulations in place for the Greeley facility to ensure the conditions are acceptable.
Commissioner Jerke moved to delete Condition of Approval #1.1.1 because it is not possible to
adequately screen the site. Commissioner Vaad seconded the motion. He stated fencing in this
situation will not be adequate; however, the remainder of Condition #1.1 does address other
landscaping and screening issues which will be reviewed by staff. The motion carried unanimously.
Mr. Haren stated Condition of Approval#1.1.4 is no longer necessary since the onion facility is no
longer in operation,and the Board concurred. He stated Development Standards#3 and#20 each
deal with dust control,therefore, he requested Development Standard#20 be deleted or that the
issues be consolidated into one standard.
Chair Masden recessed the hearing for lunch until 1:30 p.m. Upon reconvening, Commissioner
Geile expressed concern that the interests of the onion facility were not being protected. Mr.Haren
clarified the applicant has purchased the onion facility to eliminate any potential liability. Responding
to Commissioner Jerke,Mr. Haren stated the existing onion storage building could be modified and
used for the truck terminal office/shop,which will require an amendment to this permit,if approved.
He further stated Mr.Murata does not intend to relocate his business within proximity of a facility that
contains animal waste. He clarified LotA was purchased from Mr. Murata to address the concerns
expressed at the Planning Commission hearing, and the applicant will close on Lot B contingent
upon approval of this application. Regarding Mr. Haren's request concerning Development
Standards#3 and#20, Ms. Davis stated Standard#3 requires the applicant to have the equipment
necessary to control dust. Mr.Carroll added Standard#20 addresses dust caused by traffic in the
parking and circulation areas. Mr. Haren stated the clarification is adequate,and the Board indicated
both Standards should be left in the Resolution. Mr. Haren further stated the applicant is working
on a Substitute Water Supply Plan and Augmentation Plan for uses of other water and would prefer
not to be limited to the North Weld County Water District as stated in Development Standard#9.
Mr.Morrison suggested adding"or an adjudicated water source"to the end of the sentence,and the
Board concurred. Mr. Haren stated the discussion regarding Development Standards#29 and#30
needs to be resolved. Ms. Lockman explained Development Standard#29 needs to based on how
much the facility can handle,therefore,she suggested the language be modified to state,"Given that
approximately 3,000 gallons is required to clean one trailer,the plat shall be amended to include a
note stating the maximum number of trailers the system can handle. Staff shall verify this number
with the State Division of Water Quality Control." She stated that language will need to be moved
to Condition #1.K. Commissioner Jerke stated he does not feel there should be a limit on the
applicant when the specific amount has not been determined. Commissioner Geile commented
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he prefers to have a benchmark for the applicant and staff to follow. Chair Masden indicated he
does not want the applicant to be over regulated to the point where they are unable to operate. Ms.
Davis stated the final amounts will be determined by the State permit. Responding to
Commissioner Geile, Mr. Haren stated the truck wash is only one component of the business and
there are parking spaces for various types of trailers;however,the trailers that haul animals will be
washed within one day of being parked at the site. Mr. Haren stated Development Standards#30
can be addressed further through the amendment process when they are more certain of the new
site plan. Responding to Commissioner Geile,Mr. Haren stated the application was submitted with
the intent of allowing only the applicant's trucks,but his opinion is that others may be allowed if the
site is suitable. Responding to Commissioner Geile,Brian Murata clarified he has no further interest
in the site and he will locate his business elsewhere. In response to Commissioner Long and Chair
Masden,Mr.Carroll stated the plat shows 60 feet for ingress and egress,which he will check at the
site,and that is an adequate width. He stated there will also be an additional 100-foot approach pad
so materials are not tracked onto the highway.
Commissioner Jerke commented this will be a compatible use in the area,the access issues have
been addressed,there is a need for this operation based on the amount of cattle feeding operations
in the area, this is a large company that will benefit from the use of a private terminal, and the
applicant has made extensive mitigation measures.
Commissioner Long commented the concerns expressed at the Planning Commission hearing
have been mitigated with the purchase of the Murata facility. He stated during the past six months
there have been instances of trucks emptying their trailers on the roadways, and although it is
unclear who is responsible, he feels an additional wash area is needed.
Chair Masden stated due to the significant number of cattle operations in the area and the sale of
the Murata facility, he supports this project.
CommissionerJerke moved to approve the request of Farmland Reserve, Inc./John Greer for a Site
Specific Development Plan and Use by Special Review Permit#1441 fora Business permitted as
a Use by Right or an Accessory Use in the Industrial Zone District(agricultural truck terminal and
wash)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 also included deleting the language from Condition#2.E and adding as
a new Condition#2.C, modifying Condition#2.G to replace the words"issued by"with"submitted
to", deleting Conditions #1.1.1 and #1.1.4, adding a new Condition #1.K to state, "Given that
approximately 3,000 gallons is required to clean one trailer,the plat shall be amended to include a
note stating the maximum number of trailers the system can handle. Staff shall verify this number
with the State Division of Water Quality Control.", modifying Development Standard#9 to add "or
an adjudicated water source"to the end of the sentence,deleting Development Standard#29,and
renumbering or relettering as appropriate. The motion was seconded by Commissioner Long.
Commissioner Geile commented many of the issues and modifications should have been resolved
by the Planning Commission rather than making this many significant changes at the last phase of
the process. There being no further discussion, the motion carried unanimously and the hearing
was completed at 2:10 p.m.
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This Certification was approved on the 17th day of May 2004.
APPROVED:
4 L �4 BOARD OF COUNTY COMMISSIONERS
OA, • i� W LD COUNTY, COLORADO
Robert D. Masden, Chair
it Ii `A Are Clerk to the Board
aftrania-
William H. J e, Pro-Tern
BY:
eputy Clerk t the Board
M. J. ile
TAPE #2004-22
David . ong
DOCKET#2004-42
Glenn Vaad
2004-1163
PL1718
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1441 - FARMLAND RESERVE INC/JOHN CREER
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 03/02/2004
and 02/03/2004)
D. Clerk to the Board Notice of Hearing
E. Henry and Lola Jo Lauck Letter of Opposition (02/23/2004)
F. Colorado State University Letter re: Referral Response (03/01/2004)
G. Aqren Blando Court Reporting Compressed Transcript (03/02/2004)
H. Agren Blando Court Reporting Original Transcript (03/10/2004)
Applicant Letter re: Completion of Condition 1.A
(03/22/2004)
J. Planning Staff Certification and Photo of sign posting,
received 04/27/2004
K. Brian Murata Letter retracting objections, dated
04/28/2004
L. Applicant Three overhead transparencies, submitted
05/12/2004
M. Applicant Letter requesting waiver of certain
requirements and preadvertisement of
amended application, dated 05/10/2004
N.
O.
P.
Q.
R.
S.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 12TH DAY OF MAY, 2004:
DOCKET#2004-38 - ROBIN THOMAS
DOCKET#2004-29 - PRIMA OIL AND GAS COMPANY
DOCKET#2004-42 - FARMLAND RESERVE, INC.
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