HomeMy WebLinkAbout20083093.tiff HEARING CERTIFICATION
DOCKET NO. 2008-86
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1670
FOR A SOLID WASTE DISPOSAL SITE AND FACILITY (RECYCLING
FACILITY/TRANSFER STATION) IN THE A (AGRICULTURAL) ZONE DISTRICT -
LOWELL-PAUL DAIRY, INC., C/O NORTHERN COLORADO DISPOSAL
A public hearing was conducted on November 12, 2008, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long - EXCUSED
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Chris Gathman
Health Department representative, Troy Swain
Public Works representative, David Snyder
The following business was transacted:
I hereby certify that pursuant to a notice dated October 13, 2008, and duly published October 17,
2008, in the Greeley Tribune, a public hearing was conducted to consider the request of
Lowell-Paul Dairy, Inc., do Northern Colorado Disposal, for a Site Specific Development Plan and
Use by Special Review Permit #1670 for a Solid Waste Disposal Site and Facility (recycling
facility/transfer station)in the A(Agricultural)Zone District. Bruce Barker, County Attorney, made
this a matter of record. Chair Jerke advised the applicant, Don Frei, President of Northern
Colorado Disposal, that he has the option of continuing this matter to a date when the full Board
will be present. However, if he decides to proceed today, it will require three affirmative votes, or
in the case of a tie vote, Commissioner Long will listen to the record and make the determining
vote. Mr. Frei indicated he would like to proceed today.
Chris Gathman, Department of Planning Services, presented a brief summary of the proposal and
entered the favorable recommendation of the Planning Commission into the record as written. He
reviewed the surrounding land uses, and stated eleven referral agencies reviewed the proposal,
ten responded favorably or provided comments which have been addressed in the Conditions of
Approval and Development Standards, and no response was received from the Colorado and
Southern Railroad. He stated the site is located within the Urban Growth Boundary(UGB)and the
three-mile referral area for the City of Greeley, which is located immediately to the northeast and
east along 59th Avenue. He further stated the City of Greeley recommends approval of the
application, with the understanding that the recommendations listed in Planning Commission
Exhibit 12, regarding setbacks, exterior building materials, screening, and landscaping, will be
addressed. Mr. Gathman stated the applicant has agreed to make a good faith effort to meet the
listed recommendations, as noted in the Conditions of Approval. Mr. Gathman stated the applicant
did host a community meeting on October 9, 2008, with three neighbors who indicated general
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HEARING CERTIFICATION - LOWELL-PAUL DAIRY, INC., C/O NORTHERN COLORADO
DISPOSAL (USR#1670)
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support of the proposal. He stated staff has reviewed the submitted Design and Operations Plan,
which is currently under review by the Colorado Department of Public Health and Environment.
Mr. Gathman submitted a memorandum, marked Exhibit D, proposing revisions and additions to
the Conditions of Approval and Development Standards. He stated the Department of Public
Works does not support a sunset provision for the Improvements Agreement, therefore, the last
sentence of Development Standard #37 needs to be deleted before it is moved to be added as a
new Condition of Approval#1.L. He further stated the main access to the site will be from O Street,
and there will be a gated emergency access from 59th Avenue. He indicated the recycling facility
will be enclosed; however, there will be three recycling bins for public drop-offs near the entrance
to the facility. Mr. Gathman displayed photographs of the site and surrounding uses, and in
response to Commissioner Garcia, he stated the site is adjacent to the railroad; however, the
facility will not use the railway line. Responding to Commissioner Rademacher, Mr. Gathman
stated the applicant will need to address the size of the building.
David Snyder, Department of Public Works, stated O Street is classified as a major arterial, which
requires 140 feet of right-of-way dedicated on the plat, as well as a 60-foot turning radius at the
access to accommodate truck traffic. He stated the internal lane will allow for staging of four
trucks, and the applicant has addressed stormwater drainage. He stated staff does not support
a sunset provision for the Improvements Agreement, since it is uncertain when the intersection
improvements will be made, and the applicant's proportional share may be reduced in the future
as other background traffic counts increase. In response to Chair Jerke, Mr. Snyder stated 59th
Avenue is maintained by the City of Greeley. Mr. Gathman stated the applicant has addressed
Greeley's right-of-way requirements on the plat. He stated the plans propose a fence on the edge
of the right-of-way, as well as some landscaping within the future right-of-way area; however, all
permanent improvements will be out of the right-of-way. He further stated the referral comments
from the City of Greeley indicate 37.5 feet of additional right-of-way will need be dedicated along
the entire eastern boundary of the site. Responding to Chair Jerke, Mr. Gathman stated the
Conditions include the standard requirement for a Landscape/Screening Plan, and Planning
Commission Exhibit 12 outlines the screening requirements for the City of Greeley. He further
stated staff deferred the specific details to the applicant and the City of Greeley to negotiate.
Troy Swain, Department of Public Health and Environment, stated Development Standards #6
through#26 are all Health related,the Design and Operations Plan is under review by the Colorado
Department of Public Health and Environment, and it must be approved before construction may
commence. He further stated staff will conduct quarterly inspections of the facility.
David Peek, Drexel, Barrell and Company, represented the applicant and stated the proposal is to
create a recycling center and transfer station which will allow the applicant to bring residential waste
into the facility to be sorted and then transported to a recycling center, with the remaining waste
to be compacted and transported to the landfill on State Highway 14. He explained the process
will generate revenue from the recyclables that are separated, and the applicant has also created
a public drop-off area consisting of three bins, situated away from the enclosed facility to address
the safety issues expressed by staff. Mr. Peek stated all of the sorting will be done indoors, the
building is proposed to be 18,000 square feet, which includes a 3,000-square-foot office, and the
applicant has submitted a Design and Operations Plan in compliance with the criteria of the
Colorado Department of Public Health and Environment. He stated the City of Greeley has
recommended specific landscaping and building facade criteria, such as impervious evergreen
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DISPOSAL (USR#1670)
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landscaping and an enhanced exterior facade rather than a standard metal building, and the
applicant is agreeable to the request. He further stated the facility will generate minimal noise
levels, as all operations will be conducted indoors. Mr. Peek stated the applicant did request a
sunset provision in the Improvements Agreement for the intersection of O Street and 59th Avenue,
since it will be difficult for the property owner to plan for an unknown future cost. He indicated the
intersection is under the jurisdiction of the City of Greeley, and he is unclear as to how the cost will
be applied when the City does improvements. Chair Jerke commented the applicant's share will
be based on traffic counts taken at the time of improvements, which works to the advantage of the
applicant, with a likelihood for reduced costs. He stated the County supports businesses paying
their own way for the growth brought to a particular area. Mr. Peek reiterated it would be helpful
to have some assurance as to the future costs. In response to Commissioner Rademacher, Mr.
Peek stated the facility will process all waste within 24 hours, as noted in Development
Standard #10, and as required by the State to avoid health hazards. He explained, in the event
of a large storm or other circumstance which prohibits a 24-hour process, the applicant would
simply direct all waste to the landfill and skip recycling as necessary. In response to Chair Jerke,
Mr. Peek stated he and the applicant have reviewed, and concur with, the Conditions of Approval
and Development, as proposed and modified, with the exception that they would prefer the
inclusion of a sunset clause.
Jana Easley, Planning Manager for the City of Greeley, stated they are close to having all of the
details worked out with the applicant, and she expressed her appreciation for the cooperation
among all of the parties involved in bringing an important facility to northern Colorado. She stated
the applicant will be required to dedicate an additional 37.5 feet along the entire property adjacent
to 59th Avenue, since the intersection design has not been determined at this time. In response
to Chair Jerke, Ms. Easley, stated the required 37.5 feet will be added to the existing 30 feet of
right-of-way, for a total of 67.5 feet from centerline, or a total width of 135 feet. She stated the
applicant met with City representatives and they discussed additional heavy landscaping, in
combination with upgrades to the exterior facade of the building, since it is located at a major
intersection. She further stated once the details are finalized, the City of Greeley is pleased to see
the proposed use come in and support local recycling efforts. Chair Jerke commented the
intersection of 59th Avenue and O Street will become increasingly busy, and he agrees with the
City that enhanced improvements of the facility are warranted,and the other members of the Board
concurred. There being no further comments, Chair Jerke closed public testimony.
Chair Jerke referred to Exhibit D, and the Board indicated agreement with the addition of Condition
of Approval #1.K, as proposed, as well as the modification of Development Standard #37 to
become Condition of Approval #1.L, with the deletion of the last sentence regarding the sunset
provision. In response to Chair Jerke, Mr. Frei stated he agrees with the Conditions of Approval
and Development Standards, as modified.
Commissioner Rademacher moved to approve the request of Lowell-Paul Dairy, Inc., do Northern
Colorado Disposal,for a Site Specific Development Plan and Use by Special Review Permit#1670
for a Solid Waste Disposal Site and Facility(recycling facility/transfer station)in the A(Agricultural)
Zone District, based on the recommendations of the Planning staff and the Planning Commission,
with the Conditions of Approval and Development Standards as entered into the record. His motion
included the addition of Condition of Approval#1.K to state, "The applicant shall submit a Private
Improvements Agreement According to Policy Regarding Collateral for Improvements and post
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DISPOSAL (USR#1670)
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adequate collateral for transportation(access drive, parking areas,etcetera)and non-transportation
(landscaping, screening, and drainage) improvements. The applicant shall submit an itemized
landscaping bid to the Department of Planning Services for review. The agreement and form of
collateral shall be reviewed by County staff and accepted by the Board of County Commissioners
prior to recording the plat, or, the applicant may submit evidence that all the work has been
completed and approved by the Departments of Planning Services and Public Works.", and
modifying and moving Development Standard #37 to become a new Condition of Approval#1.L to
state, "The applicant shall submit an Improvements Agreement that addresses the timing and
scope of the applicant's participation in paying the costs of improvements to the intersection of
County Road 64 and 59th Avenue based upon the applicant's proportional share of current traffic
counts taken at the time of intersection upgrades." The motion was seconded by Commissioner
Garcia. In response to Chair Jerke, Mr. Frei stated the closing is scheduled for Friday, as which
time Lowell-Paul Dairy, Inc., will no longer own the property. There being no further discussion,
the motion carried unanimously, and the hearing was completed at 11:00 a.m.
This Certification was approved on the 17th day of November, 2008.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
` WELD COUNTY, COLORADO
ATTEST: 12,1 ;� r
� Wi z ,JI.. Jerke, Chair
Weld County Clerk to thlif
P a
�. ti'rte Robert7 ro-Tem
BY:
Deputy Cle "to the Board
William F. Garcia
EXCUSED
David E. Long
(:.&? 'MC2 in�J
Douglas Rademach
2008-3093
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1670 - LOWELL-PAUL DAIRY, INC., CIO NORTHERN COLORADO DISPOSAL
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 11/04/2008)
D. Planning Staff Memo re: Revisions/Additions to Conditions
of Approval and Development Standards,
dated 11/12/2008
E. Planning Staff Certification and Photo of sign posting
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