HomeMy WebLinkAbout20032653.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SECOND AMENDED USE BY
SPECIAL REVIEW PERMIT #842 FOR A SOLID WASTE DISPOSAL SITE AND
FACILITY (COMMERCIAL JUNKYARD AND SALVAGE YARD INCLUDING TIRE
LANDFILL, STORAGE AND RECYCLING FACILITY) AND A MOBILE HOME FOR
HOUSING IN THE 1-3 ( INDUSTRIAL) ZONE DISTRICT - ESTATE OF JARRALD
JAMISON AND FAYE JAMISON
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 22nd day of
October, 2003, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of the Estate of Jarrald Jamison and Faye Jamison, 15721 Weld County Road 10,
Fort Lupton, Colorado 80621,fora Site Specific Development Plan and Second Amended Use by
Special Review Permit#842 for a Solid Waste Disposal Site and Facility(Commercial Junkyard and
Salvage Yard including tire landfill,storage and recycling facility)and a Mobile Home for Housing in
the 1-3 (Industrial) Zone District on the following described real estate, to-wit:
Part of the S1/2 SE1/4 and Lots A and B of Recorded
Exemption#1367;being further described as the S1/2
N1/2 SE1/4 of Section 32, all in Township 3 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS,said applicant was represented by Kenneth Lind, Esquire, Lind, Lawrence and
Ottenhoff, LLP, P.O. Box 326, Greeley, Colorado 80632, at said hearing, and
WHEREAS,Jarrald Jamison died after this matter was noticed for hearing before the Board,
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:
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2ND AMENDED USE BY SPECIAL REVIEW PERMIT #842 - ESTATE OF JARRALD JAMISON
AND FAYE JAMISON
PAGE 2
a. Section 23-2-230.6.1 --The proposed use is consistent with Chapter 22 and
any other applicable Code provisions or ordinances in effect.
Section 22-2-60.A.1 (A.Goal 1)promotes the preservation of prime farmland
for agricultural purposes which foster the economic health and continuance
of agriculture. The proposal does not affect the agricultural productivity of the
site as it lies between the two units of the existing Tire Mountain operation.
b. Section 23-2-230.B.2--The proposed use is consistent with the intent of 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 which includes other 1-3(Industrial)
Zone District uses.
d. Section 23-2-230.B.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.
e. Section 23-2-230.B.5 -- The site does not lie within any Overlay District.
f. Section 23-2-230.B.6--The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The site as it lies between the two units of the existing Tire Mountain
operation.
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 the Estate of Jarrald Jamison and Faye Jamison fora Site
Specific Development Plan and Second Amended Use by Special Review Permit#842 for a Solid
Waste Disposal Site and Facility(Commercial Junkyard and Salvage Yard including tire landfill,
storage and recycling facility)and a Mobile Home for Housing in the 1-3(Industrial)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 final plat shall be labeled: 2nd AMUSR-842.
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2ND AMENDED USE BY SPECIAL REVIEW PERMIT#842 - ESTATE OF JARRALD JAMISON
AND FAYE JAMISON
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B. All septic systems located on the property shall have appropriate permits
from the Weld County Department of Public Health and Environment. The
Environmental Health Division of the Weld County Department of Public
Health and Environment was unable to locate a septic permit for the camper
trailer currently located north of the office. Any existing septic systems(s)
which is not currently permitted through the Weld County Department of
Public Health and Environment will require an Individual Sewage Disposal
System (I.S.D.S.) evaluation prior to the issuance of the required septic
permits(s). In the event the system(s) is found to be inadequate, the
system(s) must be brought into compliance with current I.S.D.S.
Regulations. Evidence of approval shall be submitted to the Weld County
Department of Planning Services.
C. The plat shall be amended to delineate the following:
1) The specific sequence of pit construction on the new 40-acre portion
of the site.
2) The approved fencing.
3) Weld County Road 41 is designated on the Road Capital
Improvement Plan in the County-Wide Road Impact Fee Code
Ordinance, Section 20-1-30, as a collector status road, which
requires 80 feet of right-of-way at full build out. There is presently 60
feet of right-of-way. An additional ten feet shall be delineated on the
plat as right-of-way reservation for future expansion of Weld County
Road 41. This road is maintained by Weld County.
4) Areas used for sorting, processing and shipping tires.
D. The Fire Safety Evaluation and Fire Control Plan for the site shall prohibit
activities such as welding, grinding, or other spark producing sources at or
near tire storage areas. Evidence of approval by the Colorado Department
of Public Health and Environment of the Fire Control Plan shall be submitted
to the Department of Planning Services.
E. The applicant shall submit evidence to the Department of Planning Services
that the Platteville Fire Protection District has reviewed and approved the Fire
Safety Evaluation and Fire Control Plan.
F. The existing travel trailers shall be removed from the site or be stored in a
designated storage area. Additional travel trailers shall not be used on any
basis as a dwelling or as overnight or temporary housing for any person.
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2ND AMENDED USE BY SPECIAL REVIEW PERMIT #842 - ESTATE OF JARRALD JAMISON
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G. The applicant shall submit a letter requesting to withdraw Use by Spacial
Review Permit#1361 which included only the new tire storage area.
H. Aboveground tire stockpiles shall not exceed ten(10)feet in height and shall
be separated by a minimum width of 50 feet.
Spillage retention berms shall be placed around any container holding fuel or
oil with a volume greater than 50 gallons. The volume retained by the
spillage berm should be greater than the volume of the largest tank inside the
berm.
2. Prior to the use of the new 40-acre portion of the site:
A. The applicant shall forward a copy of the final Use by Special Review Plat
Map to the Colorado Department of Public Health and Environment.
B. Financial assurance for the entire facility shall be finalized by the Colorado
Department of Public Health and Environment. Evidence that the Colorado
Department of Public Health and Environment has accepted the financial
assurance shall be submitted to the Department of Planning Services.
3. The Use by Special Review activity shall not occur,nor shall any building or electrical
permits be issued, on the property 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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2ND AMENDED USE BY SPECIAL REVIEW PERMIT #842 - ESTATE OF JARRALD JAMISON
AND FAYE JAMISON
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 22nd day of October, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WEL��UNTY, �L�DO
ATTEST: Mild ee VV
� D id . on , C
ity
Weld County Clerk to t o- . 4, �,` AT-
iasi Yw'
?O��t Robert D asden, Pro-Tern
BY:
Deputy Clerk to the
. Geile
AP" • . AS ' F. ' :
William H. Jerke
unty Attor -y
�1
Glenn ���
Date of signature: /64
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ESTATE OF JARRALD JAMISON AND FAYE JAMISON
2ND AMENDED USR#842
1. The Site Specific Development Plan and Second Amended Use by Special Review
Permit #842 is for a Solid Waste Disposal Site and Facility (Commercial Junkyard and
Salvage Yard including tire landfill, storage and recycling facility) and a Mobile Home for
Housing in the 1-3 (Industrial)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. Storage cells shall be constructed for tire storage as follows:
a. Before construction of each cell, a ten (10)foot deep hole shall be excavated near
the center of the proposed trench area and shall be left open fora minimum of three
(3) days to determine groundwater depth. A minimum of two (2)feet of separation
shall be maintained between the lowest elevation of the cell and the highest elevation
of the groundwater.
b. Storage cells will be constructed in accordance with the facility's Design and
Operations Plan and Fire Safety Evaluation and Fire Control Plan, dated April 28,
2003, and accompanying supplemental material.
c. No more than eight (8) cells shall be excavated and exposed or filled at a time.
d. A minimum of fifty(50)feet shall be maintained between the top of each cell to allow
for an adequate firebreak and access.
4. Fire equipment access roads shall be a minimum of fifty(50)feetwide,capable of providing
access in all weather conditions and capable of supporting fire equipment of 50,000 pounds.
5. Tires in the cells shall be stacked a maximum of four(4) feet above the fire lane surface
elevation or one (1)foot above the fire lane surface elevation for cells within the 200-foot
setback from oil and gas wells. An additional one(1)foot will be allowed for unevenness of
the tire surfaces. Steel posts will be installed to a height of five (5) feet above ground
elevation adjacent to and at the North-South center point on both sides of each cell. The top
one (1)foot (from four(4) to five (5) feet) will be painted a bright color to allow for easier
observation.
6. Volume records shall be maintained which include number of incoming tires, tires placed
in storage trenches, tires recycled on site, and tires recycled off site. These counts shall
be recorded daily and accumulated monthly and annually. An annual report shall be
submitted to the Weld County Health Department of Public Health and Environment and the
Colorado Department of Public Health and Environment beginning May 1 of each year.
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(2ND AMENDED USR #842)
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7. Tires received at the facility shall be placed into cells upon receipt. Tires stockpiled above
ground for processing and/or recycling shall be stockpiled fora time not to exceed thirty(30)
days. Above ground tire stockpiles shall not exceed ten (10) feet in height and shall be
separated by a minimum width of fifty (50) feet.
8. The facility shall comply with the facility's Fire Safety Evaluation and Fire Control Plan and
the requirements of the Platteville Fire Protection District at all times.
9. A spillage retention berm shall be required around any container holding fuel or oil with a
volume greater than fifty(50)gallons. The volume retained by the spillage berm should be
greater than the volume of the largest tank inside the berm.
10. The property owner or facility operator shall notify the Weld County Department of Public
Health and Environment, Department of Planning Services,Colorado Department of Public
Health and Environment, and Platteville Fire Protection District in the event of a change in
the availability of equipment or soil identified for fire protection,or changes in the Fire Control
Plan.
11. A copy of the recorded plat and Development Standards will be forwarded and filed with the
Colorado Department of Public Health and Environment.
12. No permanent disposal of wastes, other than waste tires, shall be permitted at this site.
13. Any liquid or solid wastes,as defined in the Regulations Pertaining to Solid Waste Disposal
Sites and Facilities, as promulgated by the Solid Waste Disposal Sites and Facilities Act,
Title 30, Article 20, part 1, C.R.S., as amended, shall be stored and removed for final
disposal in a manner that protects against surface and groundwater contamination.
14. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
15. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
16. The maximum permissible noise level shall not exceed the industrial limit of 80 db(A), as
measured according to Section 25-12-102, C.R.S.
17. The property shall be maintained in compliance at all times with the Soil Conservation Plan
approved by the Platte Valley Soil Conservation Service.
18. If applicable,the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
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(2ND AMENDED USR #842)
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19. Surface drainage shall be directed away from the active cells and will be allowed to flow off
of the facility into the natural drainage ways. Stormwater runoff from the facility shall not
exceed the rate of historic runoff. The need for a Stormwater Discharge Permit will be
evaluated in the event stormwater runoff from the facility disrupts normal flows off of the
facility.
20. A safe and adequate sewage disposal system shall be available on the facility premises.
21. A safe and adequate fresh water supply shall be available on the facility premises.
22. In the event that the facility closes permanently, and tires are not used for recovery or
recycling operations within ten (10)years after closure,filled tire cells containing tires will
be covered with a minimum of two (2) feet of soil. Cells that are either partially filled or
unused shall be filled to grade with soil. The ten (10) year limit may be extended with
approval from the Colorado Department of Public Health and Environment.
23. This facility shall comply with the laws, standards, rules and regulations of the Air Quality
Control Commission,the Water Quality Control Commission,the Hazardous Materials and
Solid Waste Division, and any other applicable agency.
24. Activities such as welding,grinding, or other spark sources shall not be permitted near tire
storage areas.
25. Off-street parking spaces including the access drive circulation through the cell area shall
be surfaced with gravel or the equivalent and shall be graded to prevent drainage problems.
26. The historical flow patterns and run-off amounts will be maintained on site in such a manner
that 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.
27. In the event any area is proposed to be leased to another party in the future, the applicant
shall submit a copy of the lease agreement and information regarding the proposed use of
the leased portion to the Weld County Attorney's Office, Weld County Department of
Building Inspection, Platteville Fire Protection District, and the Department of Planning
Services for review. Based upon the proposed use and/or impacts of the leased portion,the
Department of Planning Services may require a new Use by Special Review application.
28. The two existing mobile homes on site shall be used as living quarters for caretakers or
security personnel responsible for maintaining or guarding the property.
29. "No Trespassing"signs shall be posted and maintained on the perimeter to clearly identify
the boundaries of the site.
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30. The property owner or operator shall be responsible for complying with the approved
Certificate of Designation.
31. The property owner or operator shall be responsible for complying with the approved Design
and Operations Plan.
32. The applicant shall be allowed one thirty-six (36) square foot entrance sign, as well as a
sixteen (16) square foot sign for the leased portion of the site.
33. At closure all tires shall be placed in cells.
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 2nd Amended 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
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
38. 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.
39. Any tire holding cell less than 200 feet from the oil and gas well shall have a fill height not
less than ten feet above the adjacent grade.
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