HomeMy WebLinkAbout20211875.tiffRESOLUTION
RE: APPROVE VACATION OF AMENDED USE BY SPECIAL REVIEW PERMIT,
AMUSR-1501 - ANDERSEN PROPERTIES, LLC
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, by Resolution dated August 20, 2008, the Board approved an Amended Use
by Special Review Permit, AMUSR-1501, for a Use Permitted as a Use by Right or Accessory
Use in the Industrial Zone District (railroad car loading area for recyclable materials from
Andersen's Salvage Yard) in the A (Agricultural) Zone District, for Andersen Properties, LLC, on
the following described real estate, to -wit:
Part of the E1/2 of Section 29, Township 6 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the Board has received a request from the current property owner, Andersen
Properties, LLC, 1490 East 8th Street, Greeley, Colorado 80631, do Lamp Rynearson,
4715 Innovation Drive, Suite 100, Fort Collins, Colorado 80525, to vacate said Amended Use by
Special Review Permit, AMUSR-1501, 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
Department of Planning Services staff and all of the exhibits and evidence presented in this matter
and, having been fully informed, deems it advisable to approve said vacation.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Amended Use by Special Review Permit, AMUSR-1501, be, and hereby
is, vacated.
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Carly Koppas, Clerk and Recorder, Weld County , CO
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APPL, APPL. REF'
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VACATE AMUSR-1501 - ANDERSEN PROPERTIES, LLC
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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 July, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELDQOUNTY, COLORADO
ATTEST: W...4tAtiV JC&o:eik,
Weld County Clerk to the Board
Steve IVAreno, Chair
ike Freeman
County Attorney
Date of signature: 07/20/2)
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Carly Koppee, Clerk and Reoorder, Weld County CO
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DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
TO: Weld County Board of County Commissioners
FROM: Michael Hall, Planner
SUBJECT: Vacation of AM USR-1501
HEARING DATE: July 12, 2021
OWNER: Andersen Properties, LLC c/o Dean Andersen
1490 East 8th Street, Greeley, Colorado 80631
REPRESENTATIVE: Lamp Rynearson c/o Daniel Alonzo
4715 Innovation Drive, Suite 100, Fort Collins, Colorado 80525
LEGAL DESCRIPTION: Parcel #2 of Subdivision Exemption SE -1051; being a part of the S2NE4 and part
of the N2SE4 Section 29, T6N, R65W of the 6th P.M., Weld County, Colorado
LOCATION: Approximately 0.5 miles north of County Road 64 (O Street); Approximately 0.1
miles east of County Road 39'/
PARCEL NUMBERS: 0803-29-1-00-001
PARCEL SIZE: +/- 9.1 acres
ZONE DISTRICT: 1-3 (Heavy Industrial)
NARRATIVE: Site Plan Review SPR20-0013 was conditionally approved by the Department of Planning
Services on December 29, 2020. The Site Plan Review included the following Condition of
Approval:
1.B.
"The applicant shall submit a complete vacation request letter for Amended Use by Special Review (AM
USR-1501). The vacation shall be approved by Board of County Commissioners Resolution prior to
recording SPR20-0013."
As a result of a recent Change of Zone (COZ20-0008) on this property, the existing USR permit will be replaced
by the new SPR permit. The applicant submitted a vacation request letter, dated June 10, 2021, for the complete
vacation of Amended Use by Special Review AM USR-1501 (Exhibit A).
The Department of Planning Services staff has reviewed this request and recommends that this
request be approved.
If approved, the BOCC Resolution will satisfy condition 1.B of the SPR20-0013 administrative review and the
SPR20-0013 map may proceed with recording. All the other conditions of approval for the pending Site Plan
Review have been satisfied.
Vacation of AM USR-1501 I Andersen Properties, LLC
Page 1 of 1
2021-1875
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mhall@weldgov.com
June 10, 2021
2
is
EXHIBIT
A
Weld County Board of County Commissioners
1150 C Street
Greeley, CO 80631
Reference:
Andersen Properties LLC, Dean Andersen, Owner
Parcel # 10803 -29 -1 -DD -D0, Case No, PR20-0013,
Change of Zone Plat CC t}-0008
Weld County Board of County Commissioners:
LAMP
RYNEARSON
4715 Innovation Dr., Ste, 100
Fort Collins! CO 80525
[P] 970226.0342
[F]' 970? 26.087c
LampRynearson.coal
This letter request vacation of the existing AMUSR 1501, reception #3606322 - Andersen Properties, LLC -
Railroad Spur located in part of the south half of Northeast Quarter and Part of the North Half of the Southeast
Quarter of Section 29, Township 6 North, Range 65 West, of the 6th P.M. County of Weld, State of Colorado_ Address
for said property is 31517 County Road 39 5.
The property has been rezoned from C- /A to 1-3 (Heavy Industrial Zone District) which allows by right the current
use of the facility. The Change of Zone Plat has been recorded and upon vacation of AMUSR —1501, the
conditionally approved Site Plan Review (SPR20-001 3), shall be recorded with the Weld County Clerk and Recorder.
Prepared By:
LAMP RYNEARSON
Daniel Alonzo P.E.
Senior Project. Manager
Requested By:
ANDERSEN PROPERTIES, LLC
1,1
Dean Andersen
Property Owner
Legacy
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT #1501 FOR A USE PERMITTED AS A USE BY RIGHT OR
ACCESSORY USE IN THE INDUSTRIAL ZONE DISTRICT (RAILROAD CAR LOADING
AREA FOR RECYCLABLE MATERIALS FROM ANDERSEN'S SALVAGE YARD) IN THE
A (AGRICULTURAL) ZONE DISTRICT - ANDERSEN PROPERTIES, LLC
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 20th day of
August, 2008, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Andersen Properties, LLC, 1490 East 8th Street, Greeley, Colorado 80631, for
a Site Specific Development Plan and Amended Use by Special Review Permit #1501 for a Use
Permitted as a Use by Right or Accessory Use in the Industrial Zone District (railroad car loading
area for recyclable materials from Andersen's Salvage Yard) in the A (Agricultural) Zone District
on the following described real estate, being more particularly described as follows:
Part of the E1/2 of Section 29, Township 6 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Dean Andersen 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 recommendation 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 23-2-230.6 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.D (A.Goal 4) states, "Conversion of agricultural land to
nonurban residential, commercial, and industrial uses will be accommodated
when the subject site is in an area that can support such development.
Such development shall attempt to be compatible with the region." This site
contains an existing railroad spur for unloading of railroad cars and is
screened by fencing.
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AMENDED SPECIAL REVIEW PERMIT #1501 - ANDERSEN PROPERTIES, LLC
PAGE 2
b. Section 23-2-230.B.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 Use Permitted as a Use by Right, Accessory Use, or a Use
by Special Review in the Industrial Zone District (railroad car loading area
for recyclable materials from Andersen's Salvage Yard) as a Use by Special
Review in the A (Agricultural) Zone District. The Conditions of Approval
ensure that the Use by Special Review boundary is removed from the
R-1 (Residential) Zone District.
c. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The site is bordered by vacant
agricultural properties to the north, agricultural property to the south, with
Hungenberg Produce to the southwest, 1-3 (Industrial) zoning along the
U.S. Highway 85 corridor to the west, and single family residences to the
east, adjacent to County Road 41. The Conditions of Approval and
Development Standards require stockpiles of recycled material to be fully
screened from surrounding properties and road rights -of -way, and the
existing site is already screened by opaque fencing through USR-1501.
A maximum of eighteen (18) railcars is proposed to be parked at this site at
any given time under this request.
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.
The proposed use is located within the three-mile referral area for the City
of Greeley, which submitted a referral response, dated June 10, 2008,
indicating no concerns or recommended Conditions of Approval for this
application.
e. Section 23-2-230. B.5 -- The application complies with Chapter 23, Article V,
of the Weld County Code. A portion of the site, along the eastern boundary,
lies within the Flood Overlay District. Floodplain requirements were
addressed through the Conditions of Approval for the original USR-1501.
A drainage study has been provided 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 Fee Program. Effective
August 1, 2005, building permits issued on the proposed lots will be required
to adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
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 agricultural value of the property is limited by its size, shape, and
changing elevations.
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AMENDED SPECIAL REVIEW PERMIT #1501 - ANDERSEN PROPERTIES, LLC
PAGE 3
g.
Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the 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 Andersen Properties, LLC, for a Site Specific
Development Plan and Amended Use by Special Review Permit #1501 for a Use Permitted as a
Use by Right or Accessory Use in the Industrial Zone District (railroad car loading area for
recyclable materials from Andersen's Salvage Yard) 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. The access width requirement for emergency equipment (fire department)
is usually 20 feet. The applicant shall verify and provide the Department of
Public Works with written documentation from the local fire department/
emergency services that the width of the access and lane is adequate for
emergency response purposes.
B. The plat shall be amended as follows:
1) All pages of the plat shall be labeled AMUSR-1501.
2) The attached Development Standards shall be shown on the plat.
C. The applicant shall submit two (2) paper copies of the plat, for preliminary
approval, to the Weld County Department of Planning Services.
2. 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
of the date of the Board of County Commissioners Resolution. The applicant shall
be responsible for paying the recording fee.
3. 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.
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AMENDED SPECIAL REVIEW PERMIT #1501 - ANDERSEN PROPERTIES, LLC
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4. Prior to issuance of building permits:
A. A Stormwater Discharge Permit may be required for a development/
redevelopment/construction site where a contiguous or non-contiguous land
disturbance is greater than, or equal to, one (1) acre in area. The applicant
shall contact the Colorado Department of Public Health and Environment,
Water Quality Control Division, at www.cdphe.state.co.us/wq/PermitsUnit,
for more information.
5. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 20th day of August, A.D., 2008.
ATTEST:
Weld County Clerk to the Boa
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
stn H. Jerke, Chair
Date of signature: lolak
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SITE SPECIFIC DEVELOPMENT PLAN
AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ANDERSEN PROPERTIES, LLC
AMUSR #1501
1. The Site Specific Development Plan and Amended Use by Special Review Permit #1501
is for Use Permitted as a Use by Right or Accessory Use in the Industrial Zone District
(railroad car loading area for recyclable materials from Andersen's Salvage Yard) in the
A (Agricultural) Zone District, 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. 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 Fee Program.
4. Effective August 1, 2005, building permits issued on the proposed lots will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/drainage Impact Fee Programs.
5. The landscaping and screening on the site shall be maintained in accordance with the
approved Landscape/Screening Plan.
6. The off-street loading spaces shall be surfaced with gravel, asphalt, or concrete, and shall
be graded to prevent drainage problems. Each parking space shall be equipped with wheel
guards, where necessary, to prevent vehicles from extending beyond the boundaries of the
space and from coming into contact with other vehicles, walls, fences, or plantings.
7. The designated haul route is from the existing Andersen Salvage site, west on State
Highway 263, north on U.S. Highway 85, east on "O" Street, north on County Road 39.5,
and east to the railroad car loading area.
8. 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.
9. 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.
10. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive
dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions.
11. The applicant shall operate in accordance with the approved Waste Handling Plan.
12. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility
shall be operated in accordance with the approved Dust Abatement Plan at ail times.
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DEVELOPMENT STANDARDS - ANDERSEN PROPERTIES, LLC (AMUSR #1501)
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13. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone District, as delineated in Section 25-12-103, C.R.S.
14. Adequate hand washing and toilet facilities shall be provided for employees. A conventional
septic system or a permanent vaulted restroom facility (similar to a rest area or park
service) shall be provided for employees.
15. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
16. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
17. A building permit shall be obtained prior to the construction of any new building.
18. A plan review is required for each building for which a building permit is required. Plans will
require the wet stamp of a Colorado registered architect or engineer.
19. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application.
20. Fire resistance of walls and openings, construction requirements, maximum building height
and allowable areas, as well as occupancy classification, will be reviewed at the plan review
stage.
21. A letter of approval from the Union Colony Fire/Rescue Authority is required prior to the
issuance of building permits.
22. All construction or improvements occurring in the floodplain, as delineated on Federal
Emergency Management Agency FIRM Community Panel Map 080266 0628 C, dated
September 28, 1982, shall comply with the Flood Hazard Overlay District requirements of
Chapter 23, Article V, Division 3, of the Weld County Code.
23. As indicated in the application materials, no more than eighteen (18) rail cars shall be on
the site at one time.
24. The operations shall be conducted on the site between 8:00 a.m., and 5:00 p.m., Monday
through Friday.
25. As indicated in the application materials, no more than two (2) track hoes and one (1) rail
tug shall be on the site at one time for loading material into the rail cars.
26. Tractor -trailer trucks used to haul material to the site shall not be parked on the site.
27. As indicated in the application materials, no more than five (5) employees shall be on the
site at one time.
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DEVELOPMENT STANDARDS - ANDERSEN PROPERTIES, LLC (AMUSR #1501)
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28. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
29. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
30. Weld County Government 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.
31. The 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.
32. 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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