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Home My WebLink About20082981.tiff • INVENTORY OF ITEMS FOR CONSIDERATION Applicant Northern Colorado Disposal, Inc. Case Number USR-1670 • Submitted or Prepared Prior to At Hearing Hearing N 1 Staff Comments X Department of Planning Services Field Check Form X Letter to Applicant X Legal Notifications X `' 2 Application X Maps X Deed/Easement Certificate Surrounding Property/Mineral Owners X Utilities � 3 Referral List X Referrals without comment X Sheriffs Office referral received 8/29/2008 X North Weld County Water District referral received 9/3/2008 X 4 Referrals with comments X • Weld County Department of Public Works referral received 10//2008 X Weld County Department of Public Health and Environment referral received X /"/i7 8{2.612008(4 pages) Weld County Zoning Compliance Officer referral received 8/28/2008 X Union Colony Fire/Rescue Authority referral received 9/4/2008 X Weld County Department of Building Inspection referral received 9/29/2008 X Department of Planning Services Landscape referral received 9/5/2008(5 pages) X City of Greeley referral 9/30/2008(pages 4) X State of Colorado Department of Public Health and Environment—10/9/2008(7 X pages) N 5 Surrounding Property Owners/Mineral Owners -Letters 6 PC Exhibits 8 Property Owner/Mineral Owner Notification Letter X 9 Sign posting affidavit a('r,/ Cswntid>) x N 10 E-mail from David Snyder—Department of Public Works received 11/4/2008 X ", 11 Drexel BarrelI Responses to Department of Planning Services, City of Greeley, & x Department of Public Works referrals \` • 12 City of Greeley Recommendations re:Weld County Referral USR-1670 X EXHIBIT 2008-2981 RSR.4Itp'7O I hereby certify that the 18 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. (y/ Y��, /��//(Q��,J1• Chris Gathman 4 Planner • • 460tri COLORADO LAND USE APPLICATION SUMMARY SHEET Case Number: USR-1670 Hearing Date: November 4, 2008 Applicant: Northern Colorado Disposal Authorized Agent: Loren Shanks—Drexel BarrelI &Company Address: 6513 West 4th Street, Greeley, CO. 80634 Request: A Site Specific Development Plan and a Special Review Permit for a Solid Waste Disposal Site and Facility (Recycling Facility/Transfer Station) in the A (Agricultural)Zone District Legal Description: Lot A of RE-449; Part NE4 of Section 33, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado Location: South of and adjacent to CR 64 (O Street) and west of and adjacent to 59th Avenue Size of Parcel: +/- 6 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies: • Weld County Zoning Compliance, referral received 8/28/2008 • Weld County Department of Public Health and Environment, referral received/2008 • Weld County Department of Public Works, referral received 10/9/2008 • Weld County Department of Building Inspection, referral received 9/29/2008 • Weld County Sheriffs Office, referral received 8/29/2008 • Union Colony Fire/Rescue Authority, referral received 9/4/2008 • City of Greeley, referral received 9/30/2008 • North Weld County Water District, referral received 9/3/2008 • Colorado Department of Public Health and Environment — Hazardous Material and Waste Management Division, referral received 10/9/2008 • Weld County Planning Services, landscape referral received 9/5/2008 • EXHIBIT USR-1670—Northern Colorado Disposal 1 The Department of Planning Services has not received responses from the following agencies: Colorado &Southern Railroad I • USR-1670 Northern Colorado Disposal 2 aoht‘c,Wi`D 0 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW COLORADO Planner: Chris Gathman Case Number: USR-1670 Hearing Date: November 4, 2008 Applicant: Northern Colorado Disposal Authorized Agent: Loren Shanks- Drexel Barrell &Company Address: 6513 West 4th Street, Greeley, CO. 80634 Request: A Site Specific Development Plan and a Special Review Permit for a Solid Waste Disposal Site and Facility(Recycling Facility/Transfer Station) in the (A) Agricultural Zone District Legal Description: Lot A of RE-449; Part NE4 of Section 33, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado Location: South of and adjacent to CR64(O Street) and west of and adjacent to 591h Avenue Parcel Size: +/-6 acres Parcel Number: 0805 33 100006 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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 Department of Planning Services'staff 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 B. A.Goal 2. states: "Conversion of agricultural land to urban scale residential, commercial and industrial uses will be considered when the subject site is located inside an approved intergovernmental agreement area, urban growth boundary area, Mixed Use Development areas or urban development nodes, or where adequate services are currently available or reasonably obtainable. This goal is intended to address conversion of agricultural land to minimize the incompatibilities that occur between uses in the A(Agricultural)Zone District and other zoned districts that allow urban uses. In addition, this goal is expected to contribute to minimizing the costs to County taxpayers of providing additional public services in rural areas for uses that require services on an urban scale." • USR-1670—Northern Colorado Disposal 3 This proposed use is located within the urban growth area of the city of Greeley and will provide recycling services for trash generated predominately by urban scale residential and commercial areas in the county. b. Section 23-2-220.A.2 --The proposed use is consistent with the intent of the A (Agricultural)Zone District. Section 23-3-40.1 of the Weld County Code provides for Solid Waste Disposal sites and facilities (for a(Recycling Facility/Transfer Station) 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. Single family residences along with industrial uses associated with the railroad are located approximately 1/8 mile to the west of the site. Single family residences are also located approximately 1/8 to% mile east of the site. Existing railroad tracks and undeveloped land with the exception of an oil and gas production facility is located to the south of the site. Agricultural land is located to the north of the site. The applicants are proposing to install a six-foot privacy fence along the perimeter of the property for screening purposes. The Department of Planning Services is requiring a landscaping and screening plan as a Condition of Approval for this proposal to ensure compatibility with the surrounding area. 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 proposed facility is located within the urban growth boundary and three-mile referral area for the City of Greeley. The municipal limits of the City of Greeley are located immediately to the northeast and east(59` Avenue) of the facility. The City of Greeley, in their referral received September 30, 2008, recommended approval of this Use by Special Review Permit as long as their comments were satisfactorily addressed. The City of Greeley requirements included screening of the site with opaque fencing along with landscaping, that right-of-way for future expansions of O Street and 59th Avenue be dedicated, evidence that the building meets City of Greeley design standards, and that emergency access onto 59th Avenue be gated at all times. e. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) 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. (Ordinance 2005-8 Section 5-8-40) 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. Section 22-2-60 I. A.Goal 9. states: "The minimum lot size of parcels in the A (Agricultural)Zone District should remain at eighty(80) acres to encourage parcels large enough to retain viable farming operations or to accommodate modern agricultural equipment and irrigation 0 USR-1670 Northern Colorado Disposal 4 practices."The site is only 6 acres in size which limits its feasibility to be used for farming operations. 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. h. Sec. 23-4-380. Solid waste sites and facilities or hazardous waste disposal sites. A. Certificates of designation for solid or hazardous waste disposal sites and facilities as required by Colorado Revised Statutes and Code of Colorado Regulations shall not be deemed approved until or unless a Use by Special Review Permit has been approved by the Planning Commission or the Board of County Commissioners where required by this Chapter. The Board shall be guided in its review of a certificate of designation by state statute and regulations contained in Colorado Revised Statutes and Code of Colorado Regulations. A certificate of designation is not required for this facility. B. Applicants for activities reviewed pursuant to Article II, Division 4 of this Chapter for any Solid Waste sites and facilities or Hazardous Waste disposal sites shall have the burden of proof to demonstrate that there is a need for the facility within the proposed area of service, and the Planning Commission and Board of County Commissioners shall be satisfied that a need exists as part of the determinations for any such permit. The applicant has demonstrated compliance with supplementary regulations and criteria applying to solid waste disposal sites. The application states that 239 residential trash trucks would be accessing the site monthly with anticipated loads leaving the facility of 57 • loads headed for the landfill and 28 loads transferred to other facilities for recycling. This would result in an anticipated reduction of 182 loads headed for the landfill. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services met with the applicant on September 26, 2008 to discuss the referrals received. Additionally the applicants held a community meeting on October 9, 2008 that was attended by three (3) surrounding property owners. The Conditions of Approval outlined below are the remaining items that still need to be addressed. The Department of Planning Services'staff recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A. The plat shall be amended to delineate the following: 1. The attached Development Standards. (Department of Planning Services) 2. O Street is a major arterial road, which requires a 140-foot right-of-way at full build out. There is presently a 60-foot right-of-way. A total of 40-feet additional right-of-way (70-feet from centerline in total) shall be dedicated to Weld County on this USR plat. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured from the right-of-way line. (Department of Public Works) USR-1670—Northern Colorado Disposal 5 111. 3. An additional 37.5 feet of right-of-way for 59th Avenue shall be dedicated on this plat. This road is maintained by the City of Greeley. (City of Greeley) 4. The approved Landscaping and Screening Plan. (Department of Planning Services) 5. The approved lighting plan (if applicable). (Department of Planning Services) 6. A minimum 60-foot turning radius shall be indicated. (Department of Public Works) 7. A total of 28 parking spaces shall be indicated on the plat per Appendix 23-B of the Weld County Code. At least one parking space shall be an ADA handicapped parking space. (Department of Planning Services) 8. One off-street loading space shall be indicated on the plat per Section 23-4-50 of the Weld County Code. (Department of Planning Services) 9. The emergency access gate shall be indicated. (City of Greeley) 10. The plat shall be labeled USR-1670. (Department of Planning Services) C. The Operations Plan submitted in the application materials shall be amended to address the Colorado Department of Public Health and Environment Hazardous Materials and Waste Management Division's October 9, 2008 comments. This amended plan shall • then be submitted to and approved by the Hazardous Materials and Waste Management Division and the Weld County Department of Public Health & Environment. Evidence of such shall be provided to the Department of Planning Services. (Department of Health and Environment) E. A fugitive particulate emissions control plan (dust control plan)shall be submitted and approved by the Weld County Dept. of Public Health & Environment. Evidence of such shall be provided to the Department of Planning Services. (Department of Public Health and Environment) F. Applicant shall demonstrate through their Operations Plan that all process wastewater will be collected and disposed of in accordance with the Colorado Water Quality Control Commission and U.S. Environmental Protection Agency Regulations. Evidence of such shall be provided to the Department of Planning Services. (Department of Public Health and Environment) G. The facilities Fire Protection Plan shall be approved by the Union Colony Fire Rescue Authority and be included in the Operations Plan. Evidence of such shall be provided to the Departments of Public Health and Planning Services. (Department of Public Health and Environment) H. The applicant shall attempt to address the requirements of the City of Greeley as outlined in their referral received September 30, 2008. Written Evidence of such shall be provided to the Department of Planning Services. (City of Greeley) 411 USR-1670 Northern Colorado Disposal 6 I. The applicant shall address the requirements of the Department of Planning Services Landscape referral dated September 5, 2008. Written evidence of such shall be provided to the Department of Planning Services. (Department of Planning Services) J. The applicant shall address the requirements of the Department of Public Works as outlined in their referral dated October 6, 2008.Written evidence of such shall be provided to the Department of Planning Services. (Department of Public Works) 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. 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) 4. 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 mapsna.co.weld.co.us. (Department of Planning Services) 5. Prior to release of building permits: • A. A building permit application must be completed and two sets of complete plans including engineered foundation plans must be issued prior to start of construction. (Department of Building Inspection) B. A letter from the Union Colony Fire/Rescue Authority shall be provided indicating whether or not a fire district permit is required. (Department of Building Inspection) 6. Prior to operation: A. Evidence shall be submitted to the Weld County Department of Public Health & Environment and the Colorado Department of Public Health and Environment Hazardous Materials and Waste Management Division that demonstrates the recycling facility was constructed in accordance with the approved design. (Department of Public Health and Environment) 7. 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) • USR-1670—Northern Colorado Disposal 7 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Northern Colorado Disposal USR-1670 1. The Site Specific Development Plan and Special Use Permit is for a Solid Waste Disposal Site and Facility (Recycling Facility/Transfer Station) 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. Hours of operation shall be from 6 AM to 6 PM Monday through Friday and occasional Saturday mornings. (Department of Planning Services) 4. The facility shall have a maximum of twenty(20)employees. (Department of Planning Services) 5. The emergency access point onto 59`h Avenue shall remain gated at all times and shall only be used in an emergency situation. This emergency access shall not become a long term access point but rather only as long as needed to make the main access functional again. (City of Greeley) 6. The property owner or operator shall comply with the applicable sections of the Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2)and operate in • compliance with the approved Operations Plan. (Department of Public Health and Environment) 7. The facility shall comply with the approved Fire Protection Plan and any additional requirements of the Union Colony Fire Rescue Authority. (Department of Public Health and Environment) 8. Volume records shall be maintained, which include solid waste processed, solid waste shipped for disposal, and the amounts and types of materials shipped for recycle. An annual report shall be submitted to the Weld County Department of Public Health & Environment and the Colorado Department of Public Health and Environment Hazardous Materials and Waste Management Division by May first of each year. (Department of Public Health and Environment) 9. Only residential and commercial solid waste may be accepted at this facility. No medical waste, hazardous waste, special wastes, asbestos waste, contaminated soils or demolition/construction wastes may be accepted for processing. (Department of Public Health and Environment) 10. All material received at the facility shall be processed within 24 hours. After processing all solid waste shall be stored in closed containers. After processing all recyclable materials shall be stored under cover on an impervious surface or in closed containers. (Department of Public Health and Environment) 11. The property owner or facility operator shall notify the Weld County Department of Public Health & Environment, Department of Planning Services and the Colorado Department of Public Health and Environment in the event of any deviations from or proposed changes to the facilities Operations Plan or Fire Protection Plan. (Department of Public Health and Environment) USR-1670 Northern Colorado Disposal 8 41, 12. No permanent disposal of wastes shall be permitted at this site. (Department of Public Health and Environment) 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. (Department of Public Health and Environment) 14. The facility shall be operated and maintained in a manner to prevent nuisance conditions from the attraction, breeding and emergence of birds, rodents, insects and other vectors. Additional control measures shall be implemented at the request of the Weld County Department of Public Health & Environment. (Department of Public Health and Environment) 15. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall comply with their approved fugitive dust control plan. (Department of Public Health and Environment) 16. The maximum permissible noise level shall not exceed the light industrial limit of 70 dB(A), as measured according to Section 25-12-102, CRS. (Department of Public Health and Environment) 17. There shall be no shredding, melting, grinding or other secondary material processing. (Department of Public Health and Environment) 18. Exhaust removal systems shall be installed in enclosed areas and for dust producing processes and equipment. (Department of Public Health and Environment) • 19. Visible stack emissions from exhaust removal and material processing shall not exceed 20% opacity(measured in accordance with EPA Reference Method 9). There shall be no visible emissions from any building openings (measured in accordance with EPA Reference Method 22). (Department of Public Health and Environment) 20. In accordance with the Colorado Air Quality Control Commissions Regulation Number 2, odor detected off site shall not exceed the level of seven-to-one (7:1) dilution threshold. (Department of Public Health and Environment) 21. The Colorado Department of Public Health & Environment,Weld County Department of Public Health & Environment and the public shall be provided with notification in the event of temporary or permanent closure. Upon closure, the facility shall follow the closure plan portion of the Operations Plan. All solid waste, wastewater and recyclables shall be removed and properly disposed of. (Department of Public Health and Environment) 22. Waste materials, not specifically addressed by other development standards, 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) 23. An individual sewage disposal system (I.S.D.S.) is required to dispose of sewage from the facility and must be designed by a Colorado Registered Professional Engineer and in accordance with Weld County I.S.D.S. Regulations. Any I.S.D.S. on the property shall be permitted, installed, maintained and operated in compliance with Weld County I.S.D.S. Regulations. No process wastewater may be disposed of in this system. (Department of Public Health and Environment) USR-1670—Northern Colorado Disposal 9 24. Process wastewater(such as floor drain wastes)shall be captured in a watertight vault and hauled off for proper disposal. Records of installation, maintenance, and proper disposal shall be retained. (Department of Public Health and Environment) 25. The applicant shall obtain stormwater discharge permit coverage from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) 26. This facility shall comply with the laws, standards, rules and regulations of the Water Quality Control Commission, Air Quality Control Commission, Hazardous Materials and Solid Waste Division, and any other applicable agency. (Department of Public Health and Environment) 27. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. (Department of Public Works) 28. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 29. 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. (Ordinance 2005-8 Section 5-8-40) (Department of Planning Services) 30. The landscaping on site shall be maintained in accordance with the approved Landscape & Screening Plan. (Department of Planning Services) 31. The property owner acknowledges that mineral owners and lessees have real property interests that entitle them to surface use in accordance with Colorado State Statutes and applicable Colorado oil and Gas Conservation Commission regulations. (Department of Planning Services) 32. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 33. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 34. Personnel from the Weld County Departments of Public Health and Environment, Planning Services and Public Works 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. 35. 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. USR-1670 Northern Colorado Disposal 10 DEPARTMENT OF PLANNING SERVICES • NORTH OFFICE 918 10'" Street GREE6 80631 PHONE: (970)REEL 353-6100,COO 3540 FAX: (970) 304-6498 COLORADO November 7, 2008 Lowell-Paul Dairy Inc. Northern Colorado Disposal 337 E 8th St Greeley CO 80631 Subject: USR-1670-A Site Specific Development Plan and a Special Review Permit for a Solid Waste Disposal Site and Facility (Recycling Facility/Transfer Station) in the A (Agricultural) Zone District on a parcel of land described as Lot A of RE-449, Section 33,T6N, R66W of the 6th P.M.,Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on November 4, 2008, at 1:30 p.m. This meeting will take place in the Hearing Room, North Weld Planning Department,918 10th Street,Greeley, Colorado. A • subsequent hearing will be held on November 12, 2008 at 10:00 a.m., in the Chambers of the Board of County Commissioners, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute,C.R.S.24-65.5-103(adopted as part of H.B.01-1088)requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant has provided the Weld County Planning Department with written certification indicating the above requirements have been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date,and location. In the event the property is not adjacent to a publicly maintained road right-of-way,one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive)intersects a publicly maintained road right-of-way. The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the packets one week priorto the scheduled Planning Commission Hearing. If you have any questions concerning this matter, please call. Respectfully, /7 Chris Gathman Planner • DEPARTMENT OF PLANNING SERVICES NORTH OFFICE • �r 918 CO Street GREELEY, CO 80631631 PHONE: (970) 353-6100, Ext. 3540 IFAX: (970) 304-6498 COLORADO August 27, 2008 Lowell - Paul Dairy Inc. Northern Colorado Disposal 337 E 8`" St Greeley CO 80631 Subject: USR-1670- Request for a Site Specific Development Plan and a Special Review Permit for a Solid Waste Disposal Site and Facility(Recycling Facility/Transfer Station) in the A (Agricultural) Zone District on a parcel of land described as Lot A of RE-449, Section 33,T6N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed. I will schedule a meeting with you to discuss the referrals after we have received them. Once the concerns and requirements of the referral agencies have been met or the applicant has shown an • attempt to meet their concerns and requirements, a Planning Commission Hearing will be scheduled. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Greeley Planning Commission for their review and comments. Please call Greeley at 970-350-9770 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Greeley Planning Commission meeting to answer any questions the Commission members may have with respect to your application. If you have any questions concerning this application, please call. Respectfully, A.A0 Chris Gathman Planner • • PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS October 25, 2008. THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, CHRIS GATHMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR USR-1670 IN THE A (AGRICULTURAL) ZONE DISTRICT. CHRIS GATHMAN Name of Person Posting Sign • Signature of Person Posting Sign STATE OF COLORADO )ss. COUNTY OF WELD / The foregoing instrument was subscribed and sworn to me this (I� day of A /2008. WITNESS my hand and official seal. tCt Notary Public BILLIE J. MOORE NOTARY PUBLIC // � STATE OF COLORADO My Commission Expires: 1(-)/ a/I • • EXHIBIT a 9 9 ttis{e Ito o • , 1 �' 1 •l - ` . • \r . -v _ ' , . , ' r .l ,1I It :0._ +,'- �__. I \ .\ \ , \ •. `I y. r� A 1 .. 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Weld County Planrinq Department GREELL=Y o f ICE Page 1 of 1 4 1�1f Lauren Light RECEIVED • From: Lauren Light Sent: Friday, July 11, 2008 8:44 AM To: Kim Ogle; Chris Gathman Subject: Northern Colorado Disposal This Department has reviewed the application for Northern Colorado Disposal. The application is not ready for a submittal and is incomplete. Section 7 of the solid waste regulations has not been addressed nor was proof of water included. Non of the items identified in the pre-app meeting were addressed such as noise, dust, odor and a nuisance management plan. Please have the application resubmit a 7 day review when the items identified in this email and the email below are completed. I will send the original packet to Kim Ogle today. Thank you. Lauren Light Environmental Planner, Environmental Health Services Weld County Department of Public Health & Environment 1555 N. 17th Ave. Greeley, CO 80631 970-304-6415 Ext. 2211 (office) 970-304-6411 (fax) From: Troy Swain Sent: Friday, July 11, 2008 8:29 AM To: Lauren Light • Cc: Trevor Jiricek; DOUGLAS Ikenberry Subject: Proposed Solid Waste transfer Facility Please advise the applicant of the following: The applicant will need to submit an operations plan. This operations plan must meet the minimum requirements of Section 7.2 of the Regulations Pertaining to Solid Waste Disposal and Facilities 6 CCR 1007-2. I recommend that the county request the Colorado Dept. of Public Health & Environment's Hazardous Materials and Waste Management Division to do a technical review of the site and facility documents and its operations plan. The applicant will need to submit a fire protection plan to the local fire department. An approved fire protection plan is required as part of the facilities operations plan. Drainage from cleaning and wastewater contacting the trash is sewage, which must be disposed of in a sanitary sewer (not septic system). Troy E. Swain, B.S., R.S. Environmental Health Specialist Environmental Health Services Weld County Dept. of Public Health & Environment 1555 N. 17th Avenue Greeley, Colorado 80631 (970) 304-6415, ext. 2219 (office) (970) 304-6411 (fax) • 07/11/2008 e • Atar, MEMORANDUM VI`P� TO: PA08-044; Case File, pre-application C *r„ T COLORADO DATE: May 29, 2008 FNv/RO Jul l/�L FROM: Kris Ranslem, Planning Technician FRf�FS HFq�TH SUBJECT: Pre-Application Meeting prior to submitting USR for recycling/transfer station Attendees: Don ? — Northern Colorado Disposal David ? — Drexel Barrell Loren Shanks— Drexel Barrell Don Dunker, Public Works Clayton Kimmi, Public Works] Lauren Light, Environmental Health Tom Honn, Plannning Director Kim Ogle, Planning Manager On Thursday, May 29, 2008 an informal discussion took place at the Greeley Administrative • Offices Conference Room regarding the proposed recycling/transfer station. (The legal description is Lot A, RE-449; being part of the NE4NE4 Section 33, Township 6 North, Range 66 West of the 6th P.M) Background Information: Currently the six (6)acre site is under contract for purchase and is located within the flood plain area. This site is proposed to be a recycling/transfer station. The applicant is proposing a 15,000 s.f. steel building to house the dumping and recycling operations. Two compactors are proposed which will be located inside the building. There will be bulk recycling containers with sliding doors for public use located outside of the building but within an enclosed fence. This facility will be recycling cardboard, cans, metals, newspapers and possibly plastic as well as glass. All operations will be located inside and any areas outside will be cleaned up at the end of the day to eliminate any trash from blowing around. Hours of operation will be Monday through Friday 6:00 a.m. -6:00 p.m. and Saturday 6:00 a.m. — noon. Public Works The access dimensions will be 50 x 50 feet. It is a shared access agreement with the neighbor to the west per a stipulation of RE-449. Estimated number of trips per day is approximately 225 into the site and 158 going out of the site. The trucks going out will be the recyclable loads. Public Works indicated that the right-of-way for O Street is 140 feet, since it is an arterial street. • Dunker recommended visiting with the City of Greeley as CR 31 (59th Street) is also an arterial street. Public Works determined that due to the intense traffic in that area a traffic study will need to be prepared. David commented that the dumping times will not be during peak times of the day when traffic is heaviest. It was recommended that CDOT receive a copy of the Traffic Study for their review as well. • Public Works commented that the applicant will also need to prepare a Preliminary and Final Drainage report which includes the water quality features. The applicants commented that they were unable to find a release pipe at this point, however they will do further digging to uncover the pipe. Public Works commented that they will also need to prepare a Geotechnical Report if they are not going to have a culvert. Dunker indicated that they will need a 40 foot radius at the point of access as well as requiring a stop sign. The applicant indicated that the ground cover for the site will be gravel. However, they would like to have an asphalt apron of approximately 30-40 foot at the access point. Dunker recommended asphalting the turn at a minimum for the stacking of trucks. The access will be gated and closed after hours to prevent public from entering. Health Department Comments Lauren Light stated that the Health Department will need an Engineered Septic Designed System which will go before the Board of Health for approval. As well as noise, dust, odor and nuisance management plans indicated on their applications. The applicant stated that the two (2) compactors are located inside the building to help eliminate the noise problems associated with the operations. The facility will not accept any hazardous materials such as tires, oil, batteries, paint, etc. • Ogle asked what the applicant proposed to do with the water well located on the property. David stated that they have a share of that well and will be using it for irrigation purposes for landscaping areas. Planning Comments Ogle suggested to the applicants think and plan for any proposed ideas, such as additional buildings, restrooms, etc. Honn reiterated Ogle's suggestion so as to alleviate any future problems or additional applications even if any of the proposed ideas are not operational at this time. When asked about lighting for the property, the applicant indicated that they would like to have some security or yard lighting that will not interfere with the neighboring properties. The Fire District for this location is Union Colony and it was suggested to talk to them about any concerns with the facility and any emergency accesses they may need for after hours. It was suggested that in the applicant's discussion with the Fire District they should ask if they will need a secondary access. The applicant indicated that it is possible to have a secondary access off of CR 31 (59`h Street) and will find out what gates or criteria the Fire District would recommend. The water is provided through the North Weld County Water District through a residential 3/4" tap. The applicant is proposing 2 bathrooms and possibly a shower and safety eye wash area. Not sure at this time of any outside hydrants. • End memorandum. 2 l ! • • • 6513 W.4"Street Greeley,Colorado 80634 (970)351-0645 Drexel, Barrell & Co. (970)351-0665 Fax To: Chris Gathman Weld County, Colorado Department of Planning Services From: Loren Shanks Date: 7/15/O8 Re: Response to Comments for Northern Colorado Disposal Recycling Facility/Transfer Station Comment/Response Environmental Health 1 The applicant will need to submit an operations plan. This operations plan must meet the minimum requirements of Section 7.2 of the Regulations Pertaining to Solid • Waste Disposal and Facilities 6 ccr 1007-2. I recommend that the county request the Colorado Dept. of Public Health & Environment's Hazardous Materials and Waste Managements Division to do a technical review of the site and facility documents and its operations plan. Response: The Operations plan has been submitted for your review. Some items, such as the Fire Protection Plan are ongoing and will be included in the final plan submitted at a later date. 2 The applicant will need to submit a fire protection plan to the local fire department. An approved fire protection plan is required as part of the facilities operation plan. Response: We have been in contact with Dale Lyman of Union Colony Fire Rescue and we have been supplied with a letter outlining their fire protection plan guidelines (see attached). A complete fire protection plan is underway, and will be submitted to Union Colony for approval. 3 Drainage from cleaning and wastewater contacting the trash is sewage, which must be disposed of in a sanitary sewer(not septic system). Response: Sanitary sewer is not available in this area. The floors will be sloped to a floor drain that collects any residuals from the refuse as well as any equipment cleaning and washdown water. The facilities will be cleaned daily and all floors will be free of standing water. No loose materials, litter or debris will be stored in the facility. The collected water will be diverted to a water tight storage tank where it can be pumped and hauled to an approved processing facility. A high water alarm will be used to notify the staff when the tank needs to be pumped. • 4 No proof of water was provided with the application. Response: A willing and able to serve letter from North Weld County Water District dated July 25, 2008 has been included (see attached) H:\G1649\Correspondence\Comment Response 7-14-08 C Gathman.doc 1 of 3 • • • 5 None of the items identified in the pre-app meeting were addressed such as noise, dust, odor and a nuisance management plan. Please have the application resubmit a 7 day review when the items identified in this email and the email below are completed. Response: The items have been addressed in the operations plan (see attached) Public Works 1 The public works Department shall be looking for four critical items: • Site Plan Review • Traffic Study • Preliminary Drainage Report • Geotechnical Soils Report Response: See comments below. 2. Site Plan Review: Please indicate the detention pond outlet pipe and show the stop sign at the exit from the access onto O street. Response: Revised as requested. 3 Traffic Study: Is acceptable as submitted for review. In the narrative please specify the units for the 57 loads heading for the landfill and 28 loads for recycling are these per day? Per month? • Response: The units are "Per Month". This has been revised as requested. 4 Drainage Report: Please update the submitted Drainage Report to reflect the release rate from the detention pond per County Code. All storm water detention facilities shall be designed to detain the storm water runoff from the fully developed USR from a one-hundred-year storm and release the detained water at a rate not to exceed the rate of a five-year storm falling on the undeveloped site. (Weld County Code Ordinances 2001-1; 2003-10, and 2006-7). All storm water must be detained on site and follow the requirements per Weld County Code 24-7-130 D and Ordinance 2006- 7. Response: Revised as requested. 5 Geotechnical Soils Report: Will be required for the building. Response: Prior to construction, a geotechnical soils investigation will be performed and utilized for design of the foundation and pavement sections. Planning 1 The surrounding Property Owner list/affidavit needs to be signed. Response: Revised as requested. 2 An 8 'A x 11" copy of the concept plan (site plan)should be included with the original application Response: Included as requested. • H:\G1649\Correspondence\Comment Response 7-14-08 C Gathman.doc 2 of 3 • • • Chris, Please do not hesitate to call if you have any questions or comments regarding these responses or this project. Thanks, Drexel, BarrelI & Co. Loren Shanks Professional Land Surveyor • • H:\G1649\Correspondence\Comment Response 7-14-08 C Gathman.doc 3 of 3 • PROJECT NARRATIVE Northern Colorado Disposal USR In search of a ideal location for a proposed Recycling Facility/Transfer Station, Northern Colorado Disposal now has under contract Lot A, RE 449. Lot A contains 6.000 Acres and is located at the Southwest Corner of WCR 31. The parcel number of this jroperty is 080533100006 and is located in the NE 1/4 of Section 33, T6N, R66W of the 6` P.M. The property is currently owned by Lowell-Paul Dairy, Inc. and was purchased on 6/17/1988 by Warranty Deed recorded at Reception No. 2145839. Currently, there are no improvements on subject property. Northern Colorado Disposal wishes to submit an application for Use by Special Review on the subject property. NCD plans to utilize the property as Recycling Facility/Transfer Station. This would typically be a stop off point for trash haulers in route to the landfill. This facility would be set up to accommodate a building (approximately 18,000 sq. ft.) and the necessary equipment for the proper sorting out of recyclable materials prior to the remaining waste materials to continue in route to the landfill. • Activities will include delivering, handling, sorting, and hauling out of both recyclable and waste materials. Onsite activities will take place year-round. The normal hours of operation will be approximately 12 hours a day five days a week with Saturdays being on a limited schedule. It is anticipated that up to a total of 15 to 20 employees will be employed at the site during operation hours. The number of loads received at this site is anticipated to be 239 loads per month. The anticipated loads going out will be approximately 57 loads headed for the landfill and approximately 28 loads of recyclable materials transferred elsewhere for recycling. Due to the nature of this operation, the only landscaping anticipated would be along the arterial roads and kept to a minimum. The proposed building will have 2 large doors on the north side and 4 large doors and a man door on the south side. Overhead doors would be programmed so that only one side could be open at anytime to avoid impacts by the wind and any odor. Access to the property will be through one access point on WCR 64, with an emergency entrance/exit on WCR 31 to be used only in the event that the primary access point is closed for any reason. The entire property will be fenced with a 6' chain link fence for security and safety. • • FIELD CHECK inspection dates: 10/25/2008 APPLICANT: Northern Colorado Disposal, Inc. CASE#: USR-1670 REQUEST: A Site Specific Development Plan and Special Review Permit for a Solid Waste Disposal Site and Facility(Recycling Facility/Transfer Station)in the A(Agricultural)Zone District LEGAL: Lot A of RE-449; Part NE4 of Section 33, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado LOCATION: South of and adjacent to 0 Street and west of and adjacent to 59th Avenue PARCEL ID#: 0805 33 100006 ACRES: +/-6 Acres Zoning Land Use N A N Agricultural land E A E Agricultural land S A S Floodplain (oil and gas production —tank battery) W A W Single-Family residence. Industrial uses further to the west. • COMMENTS: Currently a vacant parcel of land. a/06i Chris Gathman - Planner II • Hello