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2007-1214
MEMORANDUM
KitTO: KIM OGLE, PLANNING SERVICES; PLANNING
COMMISSION
I FROM: CHARLOTTE DAVIS, ENVIRONMENTAL HEALTH
CSERVICES
� SUBJECT:USR-1581 ADDENDUM TO DEVELOPMENT
COLORADO STANDARDS
DATE: 11-21-2006
The following requirements should be added into the permit as development standards:
1. There shall be no open burning conducted on the site, with exception to burning
defined as "agricultural open burning" as defined by Regulation No. 9 of the
Colorado Air Quality Control Commission Regulations.
2. No active composting shall be allowed on site.
EXHIBIT
November 21, 2006
Weld County Department of Planning Services
4209 CR 24.5
Longmont, Colorado 80504
R.E. case number USA-1581
Mr. Theo Alex Nguyen's plan and permit for a landscaping business
Dear Sir or Madam:
I object to Mr. Nguyen's request for a Special Review Permit to operate a
landscaping business at Lot 6, Block 1, Ranch Egg Inc. Since the arrival of his
landscaping company at this address two years ago, his actions related to this
business have raised the following concerns.
Mr. Nguyen uses his site in Ranch Egg to dump waste generated by his landscaping
business.
Much of this waste is flammable organics (dead tree branches, old fencing, etc.)
From time to time, he burns this waste. These burns last for days. Oddly, perhaps to
avoid detection, he times these bums to coincide with periods of low cloud cover.
This has the unfortunate affect of keeping the smoke close to the ground, engulfing
the neighborhood in a cloud of smoke for the duration of the burn.
I question whether the burning pile is attended around the clock.
Employees arrive at sun-up, and begin operating equipment. The neighborhood
awakens to the back-up warning beepers of skip loaders, and the slamming open
and shut of dump truck tail gates.This occurs every day, except Sundays,throughout
most of the year.
A wise person operating his business in a neighborhood would go to some lengths to
keep neighbors happy. Mr. Nguyen has demonstrated bad judgment by using his
property as a landfill, allowing large quantities of flammable materials to accumulate,
operating noisy machinery in the early a.m. hours, and burning his business' waste.
Setting the precedent of allowing landscaping companies in Ranch Egg exposes all
residences to these and perhaps other problems these businesses and their owners
bring.
Sincerely,
Mike Schweitzer, Ranch Eggs Subdivision,3298 County Road 4, Erie, Colorado,
(303) 564-1744 cell, (303) 673-2764 work/17 Alt}
EXHIBIT
1 �
W��iam fy Christina Raimo
yii weld County Kd7
Erie, CO 80516
(3o3)60#-0167
Weld County Department of Planning Services
Southwest Office
4209 CR 24.5
Longmont, CO 80504
November 9, 2006
Re: Case Number USR - 1581 - Please see copy of your notice attached.
Legal Description: Lot 6, Block 1, Ranch Egg Inc., Subdivision being part of NW4 Section 34, TIN,
R68W of the 6th P.M., Weld County, Colorado.
We were recently notified that a property adjacent to ours is under consideration for a Site Specific
Development Plan and Special Review for a Permit for a Home Business (landscaping business and
storage of landscaping equipment).
We would like to submit the following comments regarding this Review for your consideration.
Over the past several years we have noticed a steady accumulation of yard waste (grass clippings, tree
branches, leaves, etc.) that has been randomly dumped in large piles on the property in question as a result
of the activity of the landscaping business now applying for the permit to operate. The piles of yard waste
continue to grow and are an eyesore, a source of unpleasant odors and most importantly, a significant fire
hazard.
In the past the property/business owner has burned open piles of some of this debris in an effort to dispose
of it. At those times we contacted Mr. Phil Brewer of the Weld County Department of Public Health and
Environment out of concern about the open burning during peak fire season and because the resulting
smoke aggravated family respiratory health problems. We learned from Mr. Brewer that the
business/property owner had repeatedly failed to apply for a burning permit. In addition, we were told
that any open burning of yard waste which is not generated by the property is not allowed by Weld
County.
Over the past few months these piles of debris have been pushed to the outer edges of the property and
have been partially covered with dirt in order to form some sort of a berm along the perimeter of the
property. We have observed continued work on this "waste-berm project" as recently as today, November
9th, 2006. We object to a berm being made of such highly combustible and improperly disposed of yard
debris adjacent to our property.
EXHIBIT
7. c .
The covering of the yard waste with dirt does not constitute proper composting of the material, as regular
exposure to moisture and oxygen are necessary for the breakdown of organic materials. The yard waste
will continue to dry out underneath any layer of dirt placed over it, and when eventually exposed, by
natural erosion of the dirt layer covering the berm, will once again be a nuisance and pose a significant
fire hazard.
We assume that the owner/business applying for this permit was paid for the removal and proper disposal
of this yard waste by their customers. Instead, the owner/business has chosen to dump the yard waste on
his own property causing a hazard and nuisance for his neighbors and other homeowners. We would
request that the existing yard waste (piles and berm) and any future waste generated by the operation of
this business be completely removed from the property and disposed of properly.
We do not oppose the operation of a landscaping business on the property as long as the existing debris
and waste-berm is cleared from the property and future waste generated by the business operation is not
dumped, burned or composted on the property, but is disposed of properly at a municipal landfill or
regional composting facility.
Thank you for the opportunity to share our comments.
Please feel free to contact us if you have any questions.
Respectfully Submitted,
Bill & Chris Raimo
914 Weld County Rd. 7
Erie, CO 80516
(303) 604-0467
Blank Page 1 of 1
Kim Ogle
From: Phillip Brewer
Sent: Thursday, November 16, 2006 2:30 PM
To: Kim Ogle; Charlotte Davis
Subject: Nguyen, Thao Kim
This note is in reference to parcel # 146734202030, owned by Nguyen, Thao Kim. Address is 3161 Johnson
Lane, Erie, CO 80516. USR-1581.
I want you to be aware that on this parcel there may be a large accumulation of plant wastes that has been
brought to the property as a result of the activities of the owner in the operation of his landscaping business.
In the past 6 years I have had two complaints from neighbors regarding his illegal open burning (no issued
Open Burning Permit) of landscape wastes that were generated off-property and transported to this property
for disposal.
I am aware that landscape wastes may be continuing to be brought to this property from which berms have
been created that are covered with soil. As constructed, this material will, in time, be converted to compost.
Some questions:
1. Is he operating a non-permitted composting facility---does he need a permit to operate a composting site?
2. Is the transfer of landscape waste to his property (that is generated off-property)within the conditions of
the USR that he has for his land?
Thanks Phil
EXHIBIT
7.d.
11-20-2006
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