HomeMy WebLinkAbout20041149.tiff RESOLUTION
RE: APPROVE 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.
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 12th day of
May, 2004, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Farmland Reserve, Inc.,do John Greer,50 East North Temple,Salt Lake City, Utah,
84150, 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 on the following described
real estate, to-wit:
Lot B of Recorded Exemption#1901;being part of the
W1/2 of the E1/2 of Section 1, Township 5 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Thomas Haren and Lauren Light,
AGPROfessionals,LLC,4311 Highway 66,Suite 4, Longmont,Colorado 80504,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.B.1 --The proposed use is consistent with Chapter 22 and
any other applicable code provisions or ordinance in effect.
Section 22-2-60.A.3(A.Policy 1.3.)states,"Allow commercial and industrial
uses,which are directly related to, or dependent upon agriculture,to locate
within the A (Agricultural) Zone District when the impact to surrounding
properties is minimal, and where adequate services and infrastructure are
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SPECIAL REVIEW PERMIT#1441 - FARMLAND RESERVE, INC.
PAGE 2
currently available or reasonably obtainable. The proposal is for the parking
and washing of trucks which are used for hauling livestock. Letters have
been received from surrounding property owners stating that the facility will
contaminate vegetable storage areas; however, little scientific evidence has
been included to confirm these claims.
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 business permitted as a Use by Right or an Accessory Use in
the Commercial or 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. Surrounding properties are
agricultural in nature with very few homes in the proximity. Letters have been
received from surrounding property owners stating that the facility will
contaminate vegetable storage areas,however, little scientific evidence has
been included to confirm these claims. A Screening Plan, Dust Abatement
Plan,and Odor Plan will be required as Conditions of Approval which,along
with the remaining Conditions of Approval and Development Standards,
should ensure the impact to surrounding properties is minimal.
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 lies
within the three-mile referral area for the Town of Kersey and the City of
Greeley. In a referral response dated January 7, 2004,the Town of Kersey
indicated no conflict with its interests. In a referral response dated January 9,
2004, the City of Greeley requested conditions regarding outdoor storage,
screening, landscaping,access drives,parking areas,building architecture
treatments, and buffering surrounding properties. A Condition of Approval
has been included which requires the applicant to attempt to address the
City's concerns.
e. Section 23-2-230.B.5 --The site lies within the Airport Overlay District. A
Condition of Approval has been included which requires the applicant to
contact the Greeley-Weld County Airport to determine if an aeronautical
study will be required on any vertical structures proposed for the site.
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 site is designated"Irrigated Land-Not Prime"by the U.S.D.A. Soil
Conservation Services.
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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.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Farmland Reserve, Inc.,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 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 pages of the plat shall be labeled USR-1441.
B. The plat shall meet all criteria as listed in Section 23-2-260.D of the Weld
County Code.
C. The applicant shall attempt to address the City of Greeley's concerns, as
outlined in a referral response dated January 9,2004. Written evidence shall
be submitted to the Department of Planning Services.
D. The applicant shall submit written evidence to the Department of Planning
Services that the following Weld County Department of Public Health and
Environment conditions have been met to its satisfaction:
1) The applicant shall submit evidence of an Underground Injection
Control (UIC)Class V Injection Well permit from the Environmental
Protection Agency(EPA)for any vehicle maintenance facility located
on the site that is equipped with a floor drain. Alternately, the
applicant can provide evidence that they are not subject to the EPA
Class V requirements. (New EPA rule effective 4/5/2000).
2) The applicant shall submit a Dust Abatement Plan to the
Environmental Health Services of the Weld County Department of
Public Health and Environment for approval prior to operation.
3) 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 for a Colorado Discharge Permit System(CDPS)
permit or a waiver.
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4) A detailed design and operation plan for the trailer wash shall be
submitted to the Weld County Department of Public Health and
Environment for review and approval. The plan shall be reviewed and
stamped by a Colorado registered professional engineer and
demonstrate that construction of the trailer wash,treatment system,
conveyance structures,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. At a minimum the
plan should include the following:
a. A description of the materials used to construct the wash
bay.
b. The method of construction incorporated to prevent waste
water from escaping the structure.
c. A schematic of the flow of water through the wash bay,
screen and oil/grease trap to the evaporation pond.
d. A description of the method that waste water from the trailer
wash will be disposed. This should include a demonstration
that the facility can adequately store and dispose of the
anticipated hydraulic load from the trailer wash.
e. The method of disposal for accumulated wastes (sludges,
etc.) generated in the washing process.
5) 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.
6) 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:
a. A list of wastes which are expected to be generated on site
(this should include expected volumes and types of waste
generated).
b. A list of the type and volume of chemicals expected to be
stored on the site.
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c. The waste handler and facility where the waste will be
disposed (including the facility name, address, and phone
number).
E. The applicant shall contact David Tuttle, Weld County Sheriffs Office, to
discuss the Crime Prevention Through Environmental Design Program and
any available options for the site.
F. The applicant shall provide to the Weld County Department of Planning
Services a copy of the access permit submitted to the Colorado Department
of Transportation (CDOT) which grants access to State Highway 263, or
submit written evidence that the applicant has complied with the
requirements of CDOT.
G. The applicant shall contact the Greeley-Weld County Airport to determine if
an aeronautical study will be required on any vertical structures proposed for
the site. The applicant shall submit written evidence that the study was not
required, or that the study has been submitted to the Greeley-Weld County
Airport for review.
H. The applicant shall submit a Landscape/Screening Plan for review and
approval. The plan shall address the following:
1) Section 23-3-250.A.6 of the Weld County Code addresses the issue
of trash collection areas. Areas used for storage or trash collection
shall be screened from adjacent public rights-of-way and adjacent
properties. These areas shall be designed and used in a manner
that will prevent trash from being scattered by wind or animals.
2) Section 23-3-250 addresses operation standards for Commercial
uses. The applicant shall address the issue of on-site lighting,
including security lighting, if applicable. Subsection B.6 states"any
lighting ...shall be designed,located,and operated in such a manner
as to meet the following standard: sources of light shall be shielded
so that beams or rays of light will not shine directly onto adjacent
properties...."
The plat shall be amended to delineate the following:
1) A paved approach with adequate turning radiuses for approximately
100 feet. The paved approach shall accommodate two-way truck
traffic.
2) State Highway 263 requires 150 feet of right-of-way at full build out.
A total of 75 feet from the centerline of State Highway 263 shall be
delineated on the plat as right-of-way reservation for future
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expansion. The applicant shall contact CDOT to determine existing
right-of-way which shall be delineated on the plat.
3) The attached Development Standards.
4) The approved Screening/Landscape Plan.
5) The approved Sign Plan, if applicable.
6) Parking shall be amended to meet all requirements of the American
Disability Act (ADA). ADA parking spaces are twenty (20) feet by
eight(8)feet with five(5)foot aisles. A minimum of one space must
be van accessible with an eight (8) foot aisle. An accessible path
shall be required from the building to the public right-of-way.
7) The applicant shall submit two (2) paper copies of the plat for
preliminary approval to the Weld County Department of Planning
Services.
J. 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.
2. Prior to Construction:
A. The applicant shall submit plans to the Union Colony Fire Protection District
for review.
B. If applicable,the applicant shall submit evidence that the aeronautical study
has been approved by the Greeley-Weld County Airport.
C. 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.
3. Prior to the issuance of the Certificate of Occupancy:
A. Installation of an individual sewage disposal system for domestic sewage
wastes generated in the proposed office building. The system shall be
installed according to the Weld County Individual Sewage Disposal System
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(I.S.D.S.) Regulations. The system shall be designed by a Colorado
Registered Professional Engineer.
4. Prior to operation:
A. The applicant shall apply a paved approach with adequate turning radiuses
for approximately 100 feet. A paved approach would keep trucks from
carrying rocks or mud on to the State highway system and keep the dust
down as they approach the access point. The paved approach shall
accommodate two-way truck traffic.
5. 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 thirty(30)days from the date
of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee.
6. 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.
7. The Use by Special Review activity shall not occur, nor shall any Building or
Electrical Permits be issued, 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 12th day of May, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Robert D. Masden, Chair
,� Cam�, Clerk to the Board1861ti.l'J.
_`S"A".
William H. J r e, Pro-Tem
Clerk t. the Board
M. J. e
APP D AS TO M: CA1
v David E. Long
C ty Attorn
GI nn Vaa
Date of signature: -5:(-0 749,1
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
FARMLAND RESERVE, INC.
USR #1441
1. The Site Specific Development Plan and Use by Special Review Permit #1441 is for a
Business Permitted as a Use by Right or an Accessory Use in the I-1 (Industrial) Zone
District (agricultural truck terminal and wash) 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. The facility shall have sufficient equipment available to implement dust control as required
by the Weld County Department of Public Health and Environment.
4. 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.
5. 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.
6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
7. Fugitive dust and particulate emissions shall be controlled on this site.
8. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District as delineated in Section 25-12-103, C.R.S.
9. The facility shall utilize the existing public water supply(North Weld County Water District)
or an adjudicated water source.
10. The applicant shall operate in accordance with the approved Waste Handling Plan.
11. Adequate toilet facilities shall be provided for employees and patrons of the facility.
12. Any septic system located on the property must comply with all provisions of the Weld
County Code pertaining to Individual Sewage Disposal Systems.
13. If applicable,the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
14. An Odor Abatement Plan shall be implemented at the request of the Weld County
Department of Public Health and Environment in the event that odor levels detected off site
of the facility meet or exceed the odor limit as specified by the Regulations of the Colorado
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Air Quality Control Commission. The plan shall also be implemented in the event that the
Health Department receives a significant number of odor complaints and in the judgment of
the Director of Public Health, there exists an odor condition requiring abatement.
15. The trailer wash shall be operated in accordance with the approved Design and Operations
Plan.
16. Any above or underground storage tank shall comply with all the requirements of the
Underground Storage Tank and Above Ground Storage Tank Regulations(7 CCR 1101-14).
17. The facility shall comply with all applicable local, state, and federal rules and regulations.
18. The facility shall comply with any required permit or regulation of the Water Quality Control
Division of the Colorado Department of Public Health and Environment.
19. The site shall utilize the shared access point which accommodates both Lots A and B of
Recorded Exemption #1901.
20. Off-street parking areas identified for truck driver and truck parking shall be surfaced with
recycled asphalt or the equivalent to keep the dust down as trucks are circulating throughout
the facility.
21. The site shall maintain a paved approach with adequate turning radiuses for approximately
100 feet. The paved approach shall accommodate two-way truck traffic.
22. The historical flow patterns and run-off amounts will be maintained on the site in such a
manner that it will reasonably preserve the natural character of the area and prevent property
damage of the type generally attributed to run-off rate and velocity increases, diversions,
concentration and/or unplanned ponding of storm run-off.
23. The landscaping and screening on the site shall be maintained in accordance with the
approved Landscaping and Screening Plan.
24. Separate Building Permits shall be obtained prior to the construction of the shop/office
building and the truck wash bays. A plot plan shall be submitted showing all structures with
accurate distances between structures, and from structures to all property lines. If the
existing dwelling is to be demolished, a demolition permit will be required.
25. A Plan Review is required for the each building. Plans for the shop shall include a floor plan
and a complete description of the extent of the work that will be done to service or repair
vehicles. An engineered foundation,based on a site-specific geotechnical report or an open
hole inspection performed by a Colorado registered engineer,is required. Unless exempted
by State Law, plans for the building shall bear the wet stamp of a Colorado registered
architect or engineer. Two complete sets of plans are required when applying for each
permit.
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26. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County: 2003
International Building,Residential,Mechanical,Plumbing and Fuel Gas Codes,2002 National
Electrical Code, and Chapter 29 of the Weld County Code.
27. The shop building will probably be classified as Type S-3 repair garage with a Type B office.
Fire resistance of walls and openings, construction requirements, 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.
28. Building height shall be measured in accordance with the 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 Chapter 23 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.
29. As indicated in the application materials, no more that fifty(50)trucks shall be parked at this
site.
30. As indicated in the application materials, hours of operation for the truck wash shall be from
6:00 a.m. to 10:00 p.m., Monday through Saturday.
31. As indicated in the application materials, hours of operation for the truck terminal shall be
from 7:00 a.m. to 8:00 p.m., Monday through Saturday.
32. 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.
33. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
34. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
35. 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.
36. 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
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permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
37. 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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