HomeMy WebLinkAbout20041150.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by John Folsom,that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1441
APPLICANT: Farmland Reserve Inc.
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Part Lot B RE-1901; being part W2 E2 Section 1, T5N, R65W of the 6th
P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit 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.
LOCATION: North of and adjacent to State Hwy 263; 1/4 mile west of CR 49.
be recommended favorably to the Board of County Commissioners 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 Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.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 (Agricultural 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
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 23-2-220.A.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 Zone District as a Use by Special
Review in the A(Agricultural)Zone District.
C. Section 23-2-220.A.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. Staff has included a Screening Plan, Dust Abatement
Plan and Odor Plan as conditions of approval.The Plans along with the remaining Conditions
of Approval and Development Standards should ensure the impact to surrounding properties
is minimal.
D. Section 23-2-220.A.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 are 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 their interests. In a referral response dated January 9, 2004, the City of
Greeley has 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 w.' . - - ... .nt to attempt to address
the City's concerns. EXHIBIT
1 2004-1150
Lazy
Resolution USR-1441
Farmland Reserve
Page 2
E. Section 2 3-2-220.A.5 --T he 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 Road Impact Program. (Ordinance 2002-11)
F. Section 23-2-220.A.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 USDA Soil Conservation Services.
G. Section 23-2-220.A.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
health, safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part,upon a review of the application materials submtted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to scheduling the Board of County Commissioners hearing:
A. The applicant has not delineated any on-site sign(s). If applicable, and an on-site sign(s)is
desired,the applicant shall submit a sign plan to the Department of Planning Services. If no
sign plan is submitted the site shall adhere to Section 23-4-90.A and .B of the Weld County
Code which states one identification sign per principal use shall be allowed,provided that the
sign does not exceed sixteen (16) square feet in area per face. (Department of Planning
Services)
2. Prior to recording the plat:
A. All pages of the plat shall be labeled USR-1441. (Department of Planning Services)
B. The plat shall meet all criteria as listed in Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
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. (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 their 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, Weld County Department of Public Health & 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 & Environment. The
Resolution USR-1441
Farmland Reserve
Page 3
facility shall provide evidence to the Weld County Department of Public Health and
Environment that it has either applied for a CDPS permit or a waiver.
4) A detailed design and operation plan for the trailer wash shall be submitted to the
Weld County Department of Public Health & Environment for review and approval.
The plan shall be reviewed and stamped by a 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 & 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(CDL&E),Oil Inspection Section
for any aboveground storage tanks located on the site. Alternately,the applicant can
provide evidence from the(CDL&E),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 &
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 site.
c) The waste handler and facility where the waste will be disposed (including
the facility name, address, and phone number). (Department of Public
Health and Environment)
E. 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.
(Department of Planning Services)
F. The applicant shall contact David Tuttle, Weld County Sheriff's Office, to discuss the Crime
Prevention Through Environmental Design program and any available options for the site.
(Sheriffs Office)
Resolution USR-1441
Farmland Reserve
Page 4
G. The applicant shall provide to the Weld County Department of Planning Services a copy of
the access permit issued by the Colorado Department of Transportation which grants access
to State Highway 263, or written evidence that the applicant has complied with the
requirements of the Colorado Department of Transportation. (Colorado Department of
Transportation)
H. 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. (Greeley-Weld County Airport)
The applicant shall submit a Landscape/Screening Plan for review and approval. The plan
shall address the following:
1) Section 23-3-250.A.2 of the Weld County Code addresses off street parking. In
order to mitigate the potential negative impact and aesthetic concerns on
surrounding properties,the applicant shall delineate an opaque visual screen for all
parking areas on the site.
2) 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 wind or animal scattered trash.
3) 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 standards:sources of light shall
be shielded so that beams or rays of light w ill not shine directly onto adjacent
properties...."
4) The applicant has indicated that a wind break will be planted if necessary to abate
an odor problem.The wind break must be far enough from the pond so that roots will
not damage the pond liner.The plat shall indicate the size,type and location of trees
as well as the irrigation proposed. (Department of Planning Services)
J. The plat shall be amended to delineate the following:
A. A paved approach with adequate turning radiuses for approximately 100 feet. The
paved approach shall accommodate two-way truck traffic. (Department of Public
Works)
B. 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 expansion. The a pplicant s hall contact the C olorado
Department of Transportation to determine existing right-of-way which shall be
delineated on the plat. (Colorado Department of Transportation)
C. The attached Development Standards. (Department of Planning Services)
D. The approved Screening/Landscape Plan. (Department of Planning Services)
E. The approved sign plan, if applicable. (Department of Planning Services)
F. 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.
(Department of Planning Services)
Resolution USR-1441
Farmland Reserve
Page 5
K. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
3. Prior to Construction:
A. The applicant shall submit plans to the Union Colony Fire Protection District for review.
(Union Colony)
B. If applicable, the applicant s hall s ubmit evidence t hat t he a eronautical study has been
approved by the Greeley-Weld County Airport. (Greeley-Weld County Airport)
4. 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 Regulations. The system shall be designed by a Colorado
Registered Professional Engineer. (Department of Public Health and Environment)
5. 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. (Department of Public Works)
6. Upon completion of 1. and 2. 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 Department of Planning Services' Staff. 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. (Department of Planning Services)
7. The Department of Planning Services respectively 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(rD_co.weld.co.us. (Department of Planning Services)
8. The Special Review activity shall not occur nor shall any building or electrical permits be issued on
the property until the Special Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder. (Department of Planning Services)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
FARMLAND RESERVE, INC.
USR-1441
1. The Site Specific Development Plan and Special Use Permit is for a business permitted as a use by
right or an accessory use in the Commercial 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. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The facility shall have sufficient equipment available to implement dust control as required by the
Weld County Department of Public Health and Environment. (Department of Public Health and
Environment)
4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30 20
100.5,C.R.S.,as amended)shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Department of Public Health and Environment)
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,30 20 100.5,C.R.S.,as amended.(Department of Public Health and Environment)
6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Department of Public Health and
Environment)
7. Fugitive dust and particulate emissions shall be controlled on this site. (Department of Public Health
and Environment)
8. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone
as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment)
9. The facility shall utilize the existing public water supply. (North Weld County Water District)
(Department of Public Health and Environment)
10. The applicant shall operate in accordance with the approved "waste handling plan". (Department of
Public Health and Environment)
11. Adequate toilet facilities shall be provided for employees and patrons of the facility. (Department of
Public Health and Environment)
12. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment)
13. If applicable,the applicant shall obtain a storm water discharge permit from the Colorado Department
of Public Health & Environment, Water Quality Control Division. (Department of Public Health and
Environment)
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 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. (Department of Public Health and Environment)
15. The trailer wash shall be operated in accordance with the approved design and operations plan.
(Department of Public Health and Environment)
Resolution USR-1441
Farmland Reserve
Page 2
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).(Department of Public
Health and Environment)
17. The facility shall comply with all applicable local,state,and federal rules and regulations.(Department
of Public Health and Environment)
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. (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. (Department of Public Works and CDOT)
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.
(Department of Public Works)
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. (Department of Public Works)
22. The historical flow patterns and run-off amounts will be maintained on 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. (Department of Public Works)
23. The landscaping and screening on site shall be maintained in accordance with the approved plan.
(Department of Planning Services)
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. (Department of Building Inspection)
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. (Department of Building Inspection)
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: 1997 Uniform Building Code;
1998 International Mechanical Code; 1997 International Plumbing Code; 2002 National Electrical
Code and Chapter 29 of the Weld County Code. Weld County intends to adopt the 2003 International
Building, Residential, Mechanical, Plumbing and Fuel Gas Codes effective March 1, 2004.
(Department of Building Inspection)
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 the Chapter 23
of the Weld County Code. (Department of Building Inspection)
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. (Department of Building Inspection)
Resolution USR-1441
Farmland Reserve
Page 3
29. As indicated in the application materials, no more that ten (10) trailers shall be washed per day.
(Department of Planning Services)
30. As indicated in the application materials, no more that fifty (50) trucks shall be parked at this site.
(Department of Planning Services)
31. As indicated in the application materials, hours of operation for the truck wash shall be from 6 a.m.
to 10 p.m. Monday through Saturday. (Department of Planning Services)
32. As indicated in the application materials,hours of operation for the truck terminal shall be from 7 a.m.
to 8 p.m. Monday through Saturday. (Department of Planning Services)
33. 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. (Department of Planning
Services)
34. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
35. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
36. 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.
37. The 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.
36. 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.
Motion seconded by Doug Ochsner
Resolution USR-1441
Farmland Reserve
Page 4
r-� VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Tim Tracy
Doug Ochsner
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I,Voneen Macklin, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on March 2, 2004.
Dated the 2nd of March, 2004.
� G C
Voneen Macklin
Secretary
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