HomeMy WebLinkAbout20062484 RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION
Moved by Chad Auer that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: 3rdAmUSR-842
APPLICANT: Tire Recycling Inc.
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lots A& B of RE-1367; part S2N2SE4 and N2S2SE4 Section 32,
T3N, R65W of the 6th P.M., Weld County, Colorado.
REQUEST: 3rd Amended Site Specific Development Plan and Special
Review Permit for a solid waste disposal site and facility
(commercial junkyard and salvage yard including tire landfill,
storage, shredding and recycling facility)
manufacturing/processing facility(cryogenic processing/crumb
rubber)and a mobile home for housing in the 1-3 Zone District.
LOCATION: West of and adjacent to CR 41 and approximately 1 mile south of
CR 28.
be recommended favorably to the Board of County Commissioners 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 22-2-150.8 (1.goal.2) states "encourage the expansion and diversification of the
industrial economic base." The applicant is proposing to expand the recycling aspect of the
existing facility by incorporating the processing of crumb rubber through the cryogenic
process.
Section 22-2-150 B.5 (I. Policy 2.5.b) states"ensure the compatibility with surrounding land
use in terms of general use, building height,scale,density,traffic dust and noise."Conditions
have been included through the conditions of approval and the development standards to
ensure the site does not have an adverse impact on the surrounding properties.
b. Section 23-2-220.A.2 --The proposed use is consistent with the intent of the 1-3 (Industrial)
Zone District. Section 23-3-330.D.11 of the Weld County Code provides for Heavy
Manufacturing — Processing (cryogenic processing — crumb rubber) as a Use by Special
Review in the 1-3 (Industrial)Zone District. Section 23-3-330.D.3 of the Weld County Code
provides for Commercial Junkyard and Salvage Yard as a Use by Special Review in the 1-3
(Industrial)Zone District.
c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The surrounding area consists of an auto salvage yard to the north
and agricultural property to the east, south and west.
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 subject property is not located within the three-mile referral area of any
municipality.
EXHIBF
2006-2484
?rd„4TusQ'*892
Resolution 3rd AmUSR-842
Tire Recycling Inc
Page 2
e. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code.
The site does not lie within any Overlay Districts.
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 subject site 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. The U.S.D.A. Soils Maps
indicate that the soils on this property are designated as"other", "prime" , "prime if irrigated"
and "irrigated not prime"farmland of Weld County. The area consists of approximately 120
acres and is currently being utilized as a Commercial Junkyard and Salvage Yard(tire landfill,
storage and recycling facility)along with a Certificate of Designation and a mobile home for
housing of tire purchasers in the 1-3 (Industrial)Zone District.
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.
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'staff recommendation for approval is conditional upon the following:
1. Prior to scheduling the Board of County Commissioners hearing:
A. Section 22-5-100.A of the Weld County Code states"oil and gas exploration and production
should occur in a manner which minimizes the impact to agricultural uses and the
environment and reduces the conflicts between mineral development and current and future
surface uses." Section 22-5-100.6 of the Weld County Code states "...encourage
cooperation, coordination and communication between the surface owner and the mineral
owner/operators of either the surface or the mineral estate." Section 22-5-100.B.1 of the
Weld County Code also states "new development should be planned to take into account
current and future oil and gas drilling activity to the extent oil and gas development can
reasonably be anticipated." The applicant shall either submit a copy of an agreement with the
property's mineral owner/operators stipulating that the oil and gas activities have been
adequately incorporated into the design of the site or show evidence that an adequate
attempt has been made to mitigate the concerns of the mineral owner/operators. Drill
envelopes can be delineated on the plat in accordance with the State requirements as an
attempt to mitigate concerns. The plat shall be amended to include any possible future
drilling sites. (Department of Planning Services)
B. The applicant shall address the concerns of the Colorado Division of Water Resources as
stated in their referral dated January 9, 2006. The applicant shall provide written
approval/evidence from the Colorado Division of Water Resources and the Platteville /
Gilcrest Fire Protection District to the Department of Planning Services of an adequate water
supply for fire protection. (Department of Planning Services)
Resolution 3rd AmUSR-842
Tire Recycling Inc
Page 3
C. The application shall submit a signage plan to the Department of Planning Services.
(Department of Planning Services)
2. Prior to recording the plat:
A. The applicant shall address the requirements (concerns) of the Department of Planning
Services, landscaping, as stated in the referral response dated December 30, 2005.
Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services. The applicant shall submit a Landscape/Screening Plan that at a minimum
delineates the proposed and existing landscaping on site for review and approval. The
applicant shall demonstrate how the proposed and existing landscaping on site will be
watered. Evidence of a commercial well for irrigation of the landscaping needs to be supplied
to the Department of Planning Services. (Department of Planning Services)
B. The applicant shall submit a property maintenance plan in compliance with Section 23-3-
360.G of the Weld County Code to the Department of Planning Services for review and
approval. (Department of Planning Services)
C. The applicant shall provide a Lighting Plan. Should exterior lighting be a part of this facility,
all light standards shall be delineated on the plat and be in accordance with Section 23-3-
250.B.6 of the Weld County Code. (Department of Planning Services)
D. The applicant shall address the requirements (concerns) of the Platteville / Gilcrest Fire
Protection District, as stated in the referral response dated January 27, 2006, including
evidence that a copy of MSDS for all hazardous materials has been forwarded to the
Platteville/Gilcrest Fire Protection District. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services. (Department of Planning Services)
E. The applicant shall address the requirements(concerns)of the Weld County Sheriffs Office,
as stated in the referral response dated January 26, 2006. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
F. The applicant shall address the requirements (concerns) of the Weld County Building
Department as stated in the referral response dated January 19, 2006. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
G. The applicant shall complete all proposed improvements including those regarding
landscaping,screening, access improvements and parking lot requirements or enter into an
Improvements Agreement according to policy regarding collateral for improvements and post
adequate collateral for all required materials. The itemized agreement and form of collateral
shall be reviewed by County Staff and accepted by the Board of County Commissioners prior
to recording the USR plat. (Department of Planning Services)
H. The applicant shall attempt to meet with the Weld County Sheriff's Office to discuss a
security plan for the site free of charge. (Sheriff's Office)
A detailed amended Design & Operations Plan shall be submitted to the Colorado
Department of Public Health & Environment and the Weld County Department of Public
Resolution 3rd AmUSR-842
Tire Recycling Inc
Page 3
Health&Environment for review and approval. The facility shall be constructed and operated
in accordance with the approved design. Evidence of approval shall be submitted to the
Department of Planning Services. (Department of Public Health and Environment)
J. Evidence shall be submitted to the Weld County Department of Public Health&Environment
and the Colorado Department of Public Health & Environment that demonstrates the
recycling facility was constructed in accordance with the approved design. Evidence of
approval shall be submitted to the Department of Planning Services. (Department of Public
Health and Environment)
K. All required Air Emissions Permits must be obtained from the Colorado Department of Public
Health and Environment's Air Pollution Control Division. Evidence of such shall be submitted
in writing to the Weld County Department of Public Health and Environment. Evidence of
approval shall be submitted to the Department of Planning Services. (Department of Public
Health and Environment)
L. A fugitive particulate emissions control plan (dust control plan)shall be submitted to the Weld
County Department of Public Health and Environment for approval. Evidence of approval
shall be submitted to the Department of Planning Services. (Department of Public Health
and Environment)
M. Applicant shall demonstrate through their revised Design and Operations plan that all process
wastewater will be collected, disposed of and/or used in accordance with the Colorado Water
Quality Control Commission and U.S. Environmental Protection Agency regulations.
Evidence of approval shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
N. Due to the increased number of employees,the existing septic system shall be reviewed by a
Colorado Registered Professional Engineer. The review shall consist of observation of the
system and a technical review describing the systems ability to handle the proposed hydraulic
load. The review shall be submitted to the Environmental Health Services Division of the
Weld County Department of Public Health and Environment. In the event the system is found
to be inadequately sized or constructed the system shall be brought into compliance with
current Regulations. Evidence of approval shall be submitted to the Department of Planning
Services. (Department of Public Health and Environment)
O. The plat shall be amended to delineate the following:
1. The approved fencing/screening plan. (Department of Planning Services)
2. All sheets of the final plat shall be labeled:3rd AMUSR-842.(Department of Planning
Services)
3. County Road 41 is designated on the Road Capital Improvement plan in the County
Wide Impact Fee Code Ordinance,Section 20-1-30,as a collector status road,which
requires 80 feet of right-of-way at full build out.There is presently 60 feet of right-of-
way. This road is maintained by Weld County. (Department of Public Works)
4. Off street parking including access drives and fire lanes shall be surfaced with gravel
or the equivalent and shall be graded to prevent drainage problems and shall be
Resolution 3rd AmUSR-842
Tire Recycling Inc
Page 4
capable of handling the weight and turning radiuses of any fire trucks/emergency
vehicles. (Department of Public Works)
5. A minimum of thirty (30) parking spaces shall be delineated on the plat and shall
include accommodations that meet the requirements of the American with
Disabilities Act. Each parking space shall include a curb stop. However one curb
stop centered over two paring spaces is acceptable. (Department of Planning
Services)
6. A loading area shall be delineated on the plat per Section 23-3-350.D of the Weld
County Code. (Department of Planning Services)
7. Signs as approved shall be delineated on the plat. (Department of Planning
Services)
8. Areas used for sorting and processing tires shall be delineated on the plat.
(Department of Planning Services)
9. The approved Landscape/Screening Plan shall be delineated on the plat.
(Department of Planning Services)
10. The approved Lighting Plan shall be delineated on the plat. (Department of Planning
Services)
11. The location of the dumpster shall be delineated on the plat. Areas used for trash
collection shall be screened from public rights-of-way and all adjacent properties.
These areas shall be designed and used in a manner that will prevent wind- or
animal-scattered trash as outlined in Section 23-3-250.A.6 of the Weld County Code.
(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. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005,should the plat not
be recorded within the required thirty (30) days from the date the Board of County Commissioners
resolution a $50.00 recording continuance charge shall added for each additional 3 month period.
5. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
3RD Amended 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(o..co.weld.co.us. (Department of Planning Services)
6. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
Resolution 3rd AmUSR-842
Tire Recycling Inc
Page 5
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)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
3rd AMUSR-842
Dwain Immel /Tire Recycling Inc
1. The Amended Site Specific Development Plan and a Special Review Permit for a solid waste disposal
site and facility(commercial junkyard and salvage yard including tire landfill,storage,shredding and
recycling facility), heavy manufacturing - processing facility(cryogenic processing—crumb rubber)
and a mobile home for housing in the 1-3 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. Off street parking including access drives and fire lanes shall be surfaced with gravel or the equivalent
and shall be graded to prevent drainage problems and shall be capable of handling the weight and
turning radiuses of any fire trucks/emergency vehicles. (Department of Public Works)
4. The historical flow patterns and run-off amounts will be maintained on site in such a manner that will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases,diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
5. The applicant shall take into consideration stormwater capture/quantity and provide accordingly for
best management practices. (Department of Public Works)
6. In the event that any area is proposed to be leased to another party in the future, the applicant shall
submit a copy of the lease agreement and information regarding the proposed use of the leased
portion to the Weld County Attorney's office,Weld County Building Inspection Department, Platteville
Fire Protection District and the Department of Planning Services for review. Based upon the
proposed use and/or impacts of the leased portion,the Department of Planning Services may require
a new Use by Special Review application. (Department of Planning Services)
7. The existing mobile home on site shall be used as living quarters for caretakers or security personnel
responsible for maintaining or guarding the property in accordance with Section 23-3-330.C.4 of the
Weld County Code and as approved under 2nd AMUSR-842. (Department of Planning Services)
8. "No Trespassing" signs shall be posted and maintained on the perimeter to clearly identify the
boundaries of the site. (Department of Planning Services)
9. The hours of operation as indicated in the application materials for tire deliveries is 7:30 am to 4:30
pm Monday through Friday and 8:00 am to noon on Saturday. The shredding and crumb rubber
operation hours will be running 24 hours a day 7 days a week. (Department of Planning Services)
10. The site shall be limited to no more than 20 employees at any given time. (Department of Planning
Services)
11. The property owner or operator shall be responsible for complying with the Certificate of Designation
as approved by the Board of County Commissioners on October 22,2003. (Department of Planning
Services and Department of Public Health and Environment)
12. The landscaping on site shall be maintained in accordance with the approved Landscape Plan.
(Department of Planning Services)
13. The lighting on site shall be maintained in accordance with the approved Lighting Plan. (Department
of Planning Services)
14. Should 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,pursuant
to Chapter 15, Articles I and II of the Weld County Code. (Department of Public Works)
15. A plan review is required for each building for which a building permit is required. Plans shall include
a floor plan. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two
complete sets of plans are required when applying for each permit. Building plans shall also be
submitted to Platteville Fire protection District for their approval. Evidence of their review shall be
submitted in writing to the Department of Building Inspection. (Department of Building Inspection)
16. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2003 International Building
Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003 International
Fuel Gas Code; and the 2002 National Electrical Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
17. The structures will probably be classified as an F-1 use(Crumb rubber).The building will be required
to have an automatic sprinkling system. Fire resistance of walls and openings, construction
requirements, maximum building height and allowable areas will be reviewed at the plan review.
Setback and offset distances shall be determined by the Weld County Code. (Department of
Building Inspection)
18. Building height shall be measured in accordance with the 2003 International Building Code for the
purpose of determining the maximum building size and height for various uses and types of
construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld
County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County
Code in order to determine compliance with offset and setback requirements. Offset and setback
requirements are measured to the farthest projection from the building. (Department of Building
Inspection)
19. Storage cells shall be constructed for tire storage as follows:
a. Before construction of each cell, a 10-foot deep hole shall be excavated near the center of
the proposed trench area and shall be left open for a minimum of three days to determine
groundwater depth. A minimum of 2 feet separation shall be maintained between the lowest
elevation of the cell and the highest elevation of the groundwater.
b. Storage cells will be constructed in accordance with the facilities Design and Operations Plan
and Fire Safety Evaluation and Fire Control Plan dated April 28, 2003 and accompanying
supplemental material.
c. No more than eight (8) cells shall be excavated and exposed or filled at a time.
d. A minimum of 50 feet shall be maintained between the top of each cell to allow for an
adequate firebreak and access. (Department of Public Health and Environment)
20. Tires in the cells shall be stacked a maximum of 4 feet above the fire lane surface elevation or 1 foot
above the fire lane surface elevation for cells within the 200-foot setback from oil and gas wells. An
additional 1-foot will be allowed for unevenness of the tire surfaces. Steel posts will be installed to a
height of 5 feet above ground elevation adjacent to and at the North-South center point on both sides
of each cell. The top 1-foot (from 4 to 5 feet) will be painted a bright color to allow for easier
observation. (Department of Public Health and Environment)
21. Volume records shall be maintained which include number of incoming tires, tires placed in storage
trenches, tires recycled on site, and tires recycled off site. These counts shall be recorded daily and
accumulated monthly and annually. An annual report shall be submitted to the Weld County Health
Department of Public Health and Environment and the Colorado Department of Public Health and
Environment beginning May 1 first of each year. (Department of Public Health and Environment)
22. Tires received at the facility shall be placed into cells upon receipt. Tires stockpiled above ground for
processing and/or recycling shall be stockpiled for a time not to exceed 30 days. Above ground tire
stockpiles shall not exceed 10 feet in height and shall be separated by a minimum width of 50 feet.
(Department of Public Health and Environment)
23. The facility shall comply with the facility's Fire Safety Evaluation and Fire Control Plan and the
requirements of the Platteville Fire Protection District at all times. (Department of Public Health and
Environment)
24. The property owner or facility operator shall notify the Weld County Department of Public Health and
Environment, Department of Planning Services, Colorado Department of Public Health and
Environment, and Platteville Fire Protection District in the event of a change in the availability of
equipment or soil identified for fire protection, or changes in the Fire Safety Evaluation and Fire
Control Plan. (Department of Public Health and Environment)
25. A copy of the recorded plat and development standards will be forwarded and filed with the Colorado
Department of Public Health and Environment. (Department of Public Health and Environment)
26. A spillage retention berm shall be required around any container holding fuel or oil with a volume
greater than 50 gallons. The volume retained by the spillage berm should be greater than the volume
of the largest tank inside the berm. (Department of Public Health and Environment)
27. No permanent disposal of wastes,other than waste tires,shall be permitted at this site. (Department
of Public Health and Environment)
28. 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)
29. The facility shall be constructed and operated to ensure that contamination of soil and groundwater
does not occur. (Department of Public Health and Environment)
30. Fugitive dust and fugitive particulate emissions shall be controlled on this site. Facility shall comply
with their approved fugitive particulate control plan. (Department of Public Health and Environment)
31. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A), as measured
according to Section 25-12-102, CRS. (Department of Public Health and Environment)
32. The property shall be maintained in compliance at all times with the soil conservation plan approved
by Platte Valley Soil Conservation Service. (Department of Public Health and Environment)
33. If applicable,the applicant shall obtain a stormwater discharge permit from the Colorado Department
of Public Health & Environment, Water Quality Control Division. (Department of Public Health and
Environment)
34. Surface drainage shall be directed away from the active cells and will be allowed to flow off of the
facility into the natural drainage ways. Stormwater runoff from the facility shall not exceed the rate of
historic runoff. The need for stormwater discharge permit will be evaluated in the event stormwater
runoff from the facility disrupts normal flows off of the facility. (Department of Public Health and
Environment)
35. A safe and adequate fresh water supply shall be available on the facility premises. (Department of
Public Health and Environment)
36. Upon permanent closure of the facility, all filled tire cells containing tires will be covered with a
minimum of 2 feet of soil. Cells that are either partially filled or unused shall be filled to grade with
soil. (Department of Public Health and Environment)
37. This facility shall comply with the laws, standards, rules and regulations of the Air Quality Control
Commission, the Water Quality Control Commission, the Hazardous Materials and Solid Waste
Division, and any other applicable agency. (Department of Public Health and Environment)
38. The tire shredding and cryogenic fracturing process shall operate in compliance with applicable
Colorado Air Quality Control Regulations and comply with any permits issued by the Air Pollution
Control Division. (Department of Public Health and Environment)
39. Visible emissions from the tire shredding and cryogenic fracturing process shall not exceed 20%
opacity(measured in accordance with EPA Reference Method 9). There shall be no visible emissions
from any manufacturing or storage buildings(measured in accordance with EPA Reference Method
22). (Department of Public Health and Environment)
40. There shall be no discharge of process wastewater to groundwater, surface water or off property.
Except those discharges allowed by a Colorado Discharge Permit System (CDPS)discharge permit.
(Department of Public Health and Environment)
41. The property owner or operator shall comply with the approved Design and Operations plan.
(Department of Public Health and Environment)
42. At closure all tires and tire material shall be placed into cells. (Department of Public Health and
Environment)
43. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
44. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
45. Effective January 1,2003, Building Permits issued on the subject site will be required to adhere to the
fee structure of the County Road Impact Program. (Ordinance 2002-11)
46. Effective August 1,2005, Building permits issued on the subject site will be required to adhere to the
fee structure of the Capital Expansion Impact Fee and the Storm water/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40)
47. Weld County personnel shall be granted access onto the property at any reasonable time in order to
ensure the activities carried out on the property comply with the Development Standards stated herein
and all applicable Weld County regulations.
48. 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.
49. 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.
Motion seconded by James Welch.
VOTE:
For Passage Against Passage Absent
Michael Miller
Bruce Fitzgerald
Doug Ochsner
Chad Auer
James Welch
Tom Holton
Erich Ehrlich
Roy Spitzer
Paul Branham
The Chair declares the resolution passed and orders that a certified copy be placed in the file of this case
to serve as a permanent record of these proceedings.
CERTIFICATION OF COPY
I, Donita May, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on March 21, 2006.
Dated the 21st of March, 2006.
N:J-LLX) it4On
Donita May
Secretary
LOCATION: East of Northmoor Drive on Sage Court, and 300 feet north of
CR 42.
Kim Ogle, Department of Planning Services, said he had provided the board, prior to this hearing, with a
memorandum dated March 21, 2006, saying the HOA(Home Owners Association) had come to an
agreement with the Morrisons. This case was continued from January 17, 2006 at the request of the
Morrisions so that they could address the concerns of the HOA. Mr. Ogle said exhibit ten, from the
Northmoor Acres HOA and signed by Jim Russo, HOA president, stated the HOA is in support of the
application as proposed and they have no issues with the applicant's request. Mr. Ogle said planning staff
is requesting it remain on the consent agenda and the applicant is in support of this request.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Tom Holton moved that Case USR-1547 and Case USR-1538, be forwarded to the Board of County
Commissioners along with the Conditions of Approval and Development Standards with the Planning
Commissions recommendation of approval. Chad Auer seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. James
Welch, yes; Erich Ehrlich, yes; Tom Holton, yes; Chad Auer, yes; Doug Ochsner, yes; Paul Branham, yes;
Bruce Fitzgerald, yes. Motion carried unanimously.
Specific time for public input has been set aside for discussion on the following items:
— 6. CASE NUMBER: 3rdAmUSR-842
APPLICANT: Tire Recycling Inc.
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lots A& B of RE-1367; part S2N2SE4 and N2S2SE4 Section 32,
T3N, R65W of the 6th P.M., Weld County, Colorado.
REQUEST: 3rd Amended Site Specific Development Plan and Special
Review Permit for a solid waste disposal site and facility
(commercial junkyard and salvage yard including tire landfill,
storage, shredding and recycling facility)
manufacturing/processing facility(cryogenic processing/crumb
rubber) and a mobile home for housing in the 1-3 Zone District.
LOCATION: West of and adjacent to CR 41 and approximately 1 mile south of
CR 28.
Jacqueline Hatch, Department of Planning Services,said Dwain Immel/Tire Recycling Inc. has applied for an
Amended Site Specific Development Plan and a Special Review Permit for a solid waste disposal site and facility
(commercial junkyard and salvage yard including tire landfill, storage, shredding and recycling facility), heavy
manufacturing-processing facility(cryogenic processing—crumb rubber)and a mobile home for housing in the
1-3 Zone District.
This case was continued at the March 7, 2006 Planning Commission hearing to today to allow for the
Environmental Health Department to provided comments regarding this application. The Environmental Health
Department referral was received by the Planning Department March 15,2006, and has been incorporated into
the staff comments.
The sign announcing the planning commission hearing was posted on February 23, 2006 by staff.
The site is located west of and adjacent to County Road 41 and north of and adjacent to County Road 26
(section line).
The area consists of approximately 120 acres and is currently being utilized as a Commercial Junkyard and
Salvage Yard (tire landfill, storage and recycling facility) along with a Certificate of Designation and a mobile
home for housing of tire purchasers in the 1-3 (Industrial)Zone District,
. .
X 1
The surrounding property consists of an auto salvage yard to the north and agricultural property to the east south
and west.
Conditions of Approval and Development Standards will ensure that the use will be compatible with the
neighborhood and surrounding area.
Twelve referral agencies reviewed this case,two referral agencies had no comments, seven referral agencies
included conditions that have been attempted to be addressed through the development standards and
conditions of approval. No comment was received from the Weld County Emergency Management,the Platte
Valley Soil Conservation District and the State of Colorado Department of Public Health and Environment
regarding this application
No comments have been received from any surrounding property owners.
The Weld County Department of Planning Services has determined that the Special Use Permit,Conditions of
Approval and Development Standards will make the proposal consistent with the Weld County Code and ensure
that there are adequate provisions for the protection of health, safety and welfare of the inhabitants of the
county.
Ms. Hatch said the applicants and their representative are available to answer questions and that she has a
video of the New York production site,which has been moved here for the cryogenic process, if they would like
to view it.
Mike Venditto,12311 CR 41, employee of Tire Recycling, spoke briefly about the process as the video played.
The Chair asked Ms. Hatch is there were presently any violations on the site. Ms. Hatch replied that there
were none with either the Planning Department of the Environmental Health Department.
The Chair asked if there were any other questions for staff. There were none.
Dwain Immel, 7000 W Princeton Av, Denver, CO 80235, president of Tire Recycling Inc, formerly known
as Tire Mountain. Mr. Immel said the facility has been historically used as a salvage yard operation and a
tire storage/landfill site for the past twenty-plus years. They plan to continue these operations, but their
primary interest is in the addition of an active tire recycling operation that will shred the one to two million
tires they take in every year. Mr. Immel said most are recycled as fuel products, utilized in the asphalt
business or incorporated into artificial turf fields. Mr. Immel then said they ultimately hope to have a plant
with a crumb rubber capacity of twenty thousand tons per year, which about equals the tires they receive
at their site each year. Long term, they hope to see the capacity increase to forty thousand tons, thereby
processing tires already on site and alleviating their current inventory. Mr. Immel said they can live with
most of the requirements presented to them by the Planning Department, but they do have a few concerns
they would like to address.
The Chair asked the applicant where the major source of his product originated. Mr. Immel replied that it
came from retail suppliers on the front-range, from Cheyenne on down, the Denver metro area, landfills,
and some from the western slope. The Chair asked what percentage of their business was resale of
usable tires. Mr. Immel said substantially less than five percent was generated from resale of tires. The
Chair asked if they were moving a plant here from another state. Mr. Immel said yes, the plant had been
disassembled and trucked from New York to their present site at CR 41, about seven miles due north of
CR 52. The Chair asked about other uses for the tires in the pits on their site and if this was the only
technology available to reclaim those tires. Mr. Immel replied that the majority of the three hundred million
tires generated every year are recycled into a tire dry fuel which is used as boiler fuel for cement plants,
paper and pulp mills, and power generation; around thirty-five percent is used in the asphalt rubber
business where they are ground down into crumb rubber and added to the hot asphalt; and artificial turf
fields use probably ten to fifteen percent of the crumb rubber produced. Mr. Immel closed by saying that
less than five percent is recycled into a fine powder, mixed with glue and used for rubber molding
products, floor mats, and flower pots.
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The Chair asked if the Planning Commissioners had any questions for the applicant. There were none at that
time.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Mr. Immel then addressed item 1. D., page 4, regarding fencing of the site. Mr. Immel said he understands
that large tires are not a traditional method of fencing, however the Board of County Commissioners have
approved this method for the past twenty-five years. They have not had any problems with the public trying to
access the site outside of business hours and to fence 120 acres would be a very expensive proposition and
he does not see the benefit since they are in such a rural area. The Chair agreed that fencing 120 acres is a
bit much.
The Chair asked the Planning staffs recommendation. Ms. Hatch said staff has consistently asked for
screening from adjacent properties and public rights-of-way and for off-street parking to meet setbacks,which
are all requirements in the County Code.
The Chair asked when this issue was last before them. Ms. Hatch said Sheri Lockman, Department of
Planning Services, reviewed the case about three and a half years ago in the 2ndAmUSR. The Department of
Planning Services reviews the entire site for compliance each time it comes in for an amendment.
The Chair asked if the Planning Commissioners had any questions. Mr. Branham referred to fencing in 1.D.
and then section 2.A. which addresses landscape/screening and wondered what the difference was. Ms.
Hatch replied that they are very similar,but they are asking for landscape and screening prior to recording the
plat and the fencing was required prior to scheduling the Board of County Commissioner's hearing. Ms. Hatch
then said that because there is not much water on site for any landscaping, the screening becomes more
predominant.
Mr. Auer asked whether berms would be a possibility along CR 41 towards the public property. Ms. Hatch
said they do accept berms. Mr. Immel asked if that would be required around the whole property. Trevor
Jiricek, Department of Public Health and Environment, said that given the topsoil in the area and the lack of
water, it would be problematic to stabilize and maintain berms.
The Chair then expressed his concern about the change of use from storage and a recycling facility to a
factory, and are they adding another building. Mr. Immel responded that the building is up for the new
warehouse and they had obtained a building permit. The Chair reminded Mr. Immel that he was changing the
historic use of the site, and that was why they were all here today.
Mr. Holton asked about the amount of frontage they had on CR 41. Mr. Immel said roughly half a mile, or
twenty-five hundred linear feet.
Mr. Branham asked if there were any complaints from area landowners regarding the use of tires as fencing.
Ms. Hatch said there had been no complaints received by the Department of Planning Services.
Mr.Welch said that personally, he has no issue with the tires,the junkyard is significantly worse,and he sees
no reason to require a fence around the area.
Mr. Ochsner pointed out that recycling is currently operating on the site and they are basically just expanding
the recycling business, so is the operation and the use really being changed. Ms. Hatch explained that when
the applicant submitted their letter and request for adding the cryogenic/crumb rubber processing, Planning
staff reviewed it and determined that because of the increased number of employees,and that it would now be
a twenty-four hour operation, that the intensity is increased, and it would be a significant change in the use of
the site and why Planning staff asked for a third amendment to the Use by Special Review.
The Chair asked Mr. Barker if they needed a motion to amend allowing tires for exterior fencing. Mr. Barker
responded that they should have an amendment for each item
James Welch moved to delete item 1.D., page four. Doug Ochsner seconded. Motion carried unanimously.
5
Mr. Immel then addressed notification of mineral owners of the property regarding the activities currently
taking place or occurring in the future. He said they have notified mineral owners and identified the various oil
and gas wells and drill site envelopes on the plat,they will continue to work with the oil and gas operators,and
they will obtain something in writing prior to the Board hearing. Mr. Immel said there is one other proposed
drill site location yet to be drilled that is available, but none of their existing buildings or operations currently
interfere with the drilling or envelopes of the oil and gas facilities. Ms. Hatch responded that Planning wants
agreements in writing between mineral owners and property owners that the new facility will not affect the
existing surface agreements, prior to the Board of County Commissioner's hearing.
Mr. Immel then addressed 1.C. regarding signage and said they are not anticipating any change in their
signage due to the new operation. Ms. Hatch said Mr. Immel needs to submit a letter saying they were not
making any changes to signage if this is what they want.
The Chair asked Mr. Immel if they were still requiring patrons to sign a waiver before accessing the site. He
replied that they still do require a signed waiver for liability purposes.
In regards to item 1.B., Ms. Hatch said Planning still needs something in writing from the Fire Protection
District and the Division of Water Resources regarding the applicant's fire suppression methods prior to
scheduling the Board of County Commissioner's hearing. Mr. Immel addressed fire suppression on his site
and said if tires catch fire,the most effective method to put out the fire is to cover it with dirt, not put it out with
water. Tire pits are designed today to limit a fire to a single cell and fire would not jump from cell to cell. The
Chair asked if the Fire Marshall is comfortable with their fire plan. Mr. Immel said the Fire Protection District
had in fact helped in developing the fire plan.
Mr.Ochsner asked Ms. Hatch if they changed 1.B., page 4 requiring the applicant to provide written evidence
from the Platteville/Gilcrest Fire Protection District of adequate fire protection, would that be sufficient. Ms.
Hatch replied that it could,but it depended on what the adequate fire suppression is: for the tires it is sand;for
the new building Mr. Immel has suggested a foam release rather than water;the wells on the Moser property
are not regulated as fire protection,they are for agriculture only. Planning wants something in writing from the
state and something from the Fire Protection District and they do not presently have those. Mr. Ochsner
asked if they said they need written evidence for adequate fire protection from those two entities,would that be
sufficient. Ms. Hatch said that would be agreeable and then suggested changes to the verbage in 1.B.
The Chair asked if the Fire Protection District would dictate the procedure and the State would then approve
the water source. The Chair asked if there was a fire hydrant on the site. Mr. Immel responded that there was
no hydrant, only two wells on the site for domestic service and they have no emergency fire hook up. Mr.
Immel said they had purchased their own fire truck to be used for dust abatement and it could also be used for
emergency purposes. The Chair asked if the use of the fire truck is included in the agreement with the Fire
Protection District. Mr. Immel said they would be happy to let the Fire Protection District use the truck.
Mr. Ochsner said they can't waive fire requirements and will require evidence that the Fire Protection District is
agreeable to the applicant's plan. Mr. lmmel said they were not requesting a waiver for any fire suppression
protection but rather some flexibility in the language that would give them an alternative to water for fire
suppression.
The Chair asked if they had worked this out with the Fire Protection District. Mr. Immel replied they had.
The Chair asked for verbage for 1.B. Mr. Barker suggested verbage for 1.B. to say "The applicant shall
provide written approval/evidence to the Department of Planning Services from the Gilcrest Fire Protection
District that adequate fire protection has been provided".
Doug Ochsner moved that 1.B. be changed to read "The applicant shall provide written approval/evidence to
the Department of Planning Services from the Gilcrest Fire Protection District that adequate fire protection has
been provided". Chad Auer seconded the motion. Motion carried unanimously.
The Chair then addressed the signage plan and what Mr. Immel was requesting. Mr. Immel said he had no
6
problems with the requirements.
Mr. Immel addressed item 2.A., prior to recording the plat, and questioned the landscaping and screening
requirements. He said they plan to re-seed areas not currently in use, with natural grasses to mitigate dust
and stabilize the soil. Ms. Hatch responded that if that were put in writing, it would then be acceptable to
Planning staff.
Mr. Immel then addressed item 2.C., regarding the lighting plan and that it will not change except for additional
lighting over the doors of the new buildings. The Chair said that with the new building, there could be safety
issues with the increase in employees. Mr. Immel said they had it covered. Ms. Hatch said Planning is asking
that be shown on the plat.
The Chair asked Mr.Barker about item 2.D.regarding hazardous materials. Mr.Barker suggested elimination
of the third sentence. Ms. Hatch said staff requested the last sentence remain.
Chad Auer motioned that the third sentence in item 2.D., which reads "Second, a letter providing a
professional opinion of the gallons per minute each well is able to provide for fire flow located on the Moser
Farms Property for fire protection" be omitted. Tom Holton seconded. Motion passed unanimously.
Mr. Immel addressed item 2.G. regarding parking lot requirements and collateral improvements and
suggested the spaces be reduced from 46 to 20, as there will be no more than 12 to 19 employees on site at
any given time. Ms. Hatch clarified that Mr. Immel was speaking of page 6, item O.5., and that 46 spaces is
per the Weld County Code. Ms. Hatch then said that if there are two shifts there is an overlap of employees,
requiring 24 spaces.
The Chair asked Mr. Immel if increased production will at some point in time increase the employees. Mr.
Immel said it would probably require the addition of two employees. Mr. Branham asked the applicant about
the overlap of shift employees and would that not require at least 24 spaces and would he be comfortable with
that. Mr. Immel said there would be about twelve daytime employees and six at night, therefore they don't
need 46 spaces, but could live with 24 spaces.
Mr.Welch asked Ms. Hatch regarding the 46 spots delineated on the plat and what happens if they don't build
all 46 spaces. Ms. Hatch said that would be part of the improvements agreement and the County would hold
money for that.
Mr. Auer asked Mr. Immel if they could live with 30 spaces because at some point in time if 24 spaces was
too tight then expansion plans would require them to come back and make changes to their application. Mr.
Immel said he could live with 30 spaces.
Chad Auer motioned to change the minimum number of parking spaces from 46 to 30 in item O.5., page 6.
Tom Holton seconded. Motion carried unanimously.
Mr. Immel asked for clarification of item N., page 5 and asked if this could include portable toilets for
employees at various locations. Due to the large size of the facility, Mr. Immel felt it made sense to have
portable toilets on site in closer proximity to the employee's work areas. Mr. Jiricek, Department of Public
Heath and Environment,said portable facilities are not supported for permanent operations and because the
systems are designed for a per day basis, if there are more than twelve employees the system would need to
be reviewed by a professional engineer who could make the determination that the system was indeed
adequate. Mr. Holton asked what would happen if the system was too small,would they come in and make
adjustments. Mr. Jiricek replied that the system should be adequate from the outset. The Chair suggested
that portable toilets were acceptable in addition to the septic system. Mr. Jiricek replied that permanent
operations require permanent facilities, which include both handwashing and domestic waste disposal
systems, per Weld County policy, so portable toilets would not be an option as there are no handwashing
facilities with them.
Mr. Immel said the last issue to address is on page 7, item 6. He would like an exception made to the
requirement that all permits must be issued prior to any production, as that would cause a problem with
contracts he has to fill beginning in May and waiting an additional two to three weeks would put them in a bind.
7
He would like to begin the assembly of the equipment, recognizing the full scale operation permit would be
subject to approval by the Board of County Commissioners. Mr. Barker said this request was made at the
last meeting, and the applicant could ask the Board of County Commissioners to issue permits prior to the
Board hearing of the USR,and the Board would entertain that request. This request is outside the perview of
the Planning Commission to make that recommendation or determination. Ms. Hatch said Mr. Immel has
provided a written request for early release of the building permits and that has been sent on to the Board of
County Commissioners. The Chair repeated they cannot change item 6., page 7,that the decision must be
made by the Board of County Commissioners
The Chair asked Mr. Immel if he had read and was in agreement with the Development Standards and
Conditions of Approval as amended. Mr. Immel replied that he had read them and was in agreement.
The Chair asked for further discussion.
Mr. Ochsner said he thought it was a great project and he was anxious to see something done with all of the
scrap tires.
The Chair said there has been a need to remove tires from landfills for many years and understands the need
for this business. He said he.is certain this will be a viable business and was in favor of their application.
Chad Auer moved that Case 3rd AmUSR-842, be forwarded to the Board of County Commissioners along
with the amended Conditions of Approval and Development Standards, with the Planning Commission's
recommendation of approval. James Welch seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. James
Welch, yes; Erich Ehrlich, yes; Tom Holton, yes; Chad Auer, yes; Doug Ochsner, yes; Paul Branham, yes;
Bruce Fitzgerald, yes. Motion carried unanimously.
Meeting adjourned at 3:40 p.m.
Respectfully submitted
I dekLutTh At
Donita May
Secretary
•
3 - ] - Zcc(c
along with the Conditions of Approval and Development Standards. Staff recommend the following modifications:
delete 1.8, modify 2.F&2.G to state"attempt to address" and modify H.5 to refer to the court case number
instead of the recording number.
Trevor Jiricek, Weld County Department of Health, suggested modifying Development Standard #9 to state"The
facility shall maintain compliance with the Animal Feeding Operation Control Regulations (5-CCR-1002-81)
Lauren Light, representative for the applicant, presented additional information regarding the proposal. The site
is for an agricultural educational facility that will have tours for the public. This facility will include the making of
the product from beginning to end. The retail sales will be in the future. The site will also include a small petting
zoo. The intent of the proposal is to provide a facility for kids and adults. The tours will take approximately an
hour. The facility expects to generally have one bus on site with the forty children. Eight buses per day could be
320 children a day on site. This number does not reflect the equivalent amount of cars. The number of people
will consist of more children, not forty cars. There will not be anything noticeably different on site. The septic
system has been reviewed for maximum capacity and it will handle 322 people. The applicant suggests changing
Development Standard #4 to reflect five employees and 317 visitors or change to capacity of the septic system.
Additional parking can be done in the back if more is needed.
Doug Ochsner asked about the number of cattle onsite and if the facility was designed for this. Ms. Light
indicated there were approximately 90 on site and the facility is designed to accommodate 200 head. Mr.
Ochsner asked if the Town of Windsor had been referred to. Ms. Light stated they had spoken with them and a
Condition of Approval has been added to address their concerns.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one
wished to speak.
Doug Ochsner moved to accept staff changes listed above, 1 B,2F&G, H5, Development Standard#9. Tom Holton
seconded. Motion carried.
Trevor Jiricek asked for clarification on the engineer's review of the septic system. Ms. Light indicated there is a
condition in prior to recording that an engineer should review and this has already been done. Ms. Light added they
could give a copy of the report to Public Health. The applicant wanted the Planning Commission to know that the
number was not four hundred. The applicant would rather lower the numbers adverse to put money into the system.
Mr. Jiricek stated his only concern was that the report may not always coincide with the regulations and there may
need to be some negotiations for the report. Ms. Light stated a Conditions of Approval could be added to Prior to
Scheduling.
Brad Mueller suggested moving Conditions of Approval 2.B to Prior to Scheduling 1.B,and Development Standard#4
would remain the same and the Board of County Commissioners could address.
Tom Holton moved to accept the proceeding recommendations. Roy Spitzer seconded. Motion carried.
Lauren Light agrees with the Development Standards and Conditions of Approval.
Don Carroll would like to have the overflow parking identified on the plat.
Doug Ochsner moved that Case USR-1543, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval.
Tom Holton seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Roy Spitzer,yes;
James Welch, yes; Michael Miller, yes; Tom Holton, yes, Doug Ochsner, yes; Paul Branham, yes. Motion carried
unanimously.
Doug Ochsner commented this is a great proposal and he is excited to have something like this in the county.
CASE NUMBER: 3AmUSR-842
APPLICANT: Tire Recycling Inc.
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lots A& B of RE-1367; Pt S2N2SE4; the S2S2SE4, and N2S2SE4 of Section
32, T3N, R65W of the 6th P.M., Weld County, Colorado.
REQUEST: 3rd Amended Site Specific Development Plan and Special Review Permit for a
3
solid waste disposal site and facility(commercial junkyard and salvage yard
including tire landfill, storage, shredding and recycling facility), heavy
manufacturing- processing facility(cryogenic processing-crumb rubber)and a
mobile home for housing in the 1-3 Zone District
LOCATION: West of and adjacent to CR 41 and approximately 1 mile south of CR 28.
Jacqueline Hatch, Department of Planning Services presented Case 3AmUSR-842,reading the recommendation and
comments into the record.The Department of Planning Services is requesting this case be continued till March 21,
2006 to allow for comments to be received from both the State of Colorado and the Weld County Department of
Public Health and Environment. On December 9,2005 this case was sent out to the referral agencies including in the
request the amendment to the Certificate of Designation on the site. Per a phone conversation on February 27,2006
with the State of Colorado Department of Public health and Environment it was determined that the Certificate of
Designation does not need to be amended and is not required for this facility since it is a recycling facility. The State
has been working with weld county department of public health and environment staff and the applicant to address
other issues that will need to be addressed through the Use by Special Review process but no official documentation
or referral has been received at this time.Staff is requesting this case be continued till March 21,2006 to allow for the
referral agencies to respond.
Trevor Jiricek, Department of Public Health and Environment, stated staff has proceeded with the understanding
the CD would need to be amended. In the end it was deemed not necessary therefore, there is no referral from
the Department of Public Health and Environment. The Department of Public Health and Environment was
waiting for a referral from the state. With the State just determining that the CD was not required this did not give
the Department of Public Health and Environment time to respond. Mr. Jiricek stated the applicant's
representative directed staff to the amended CD process. There has been some additional information
requested from the applicant that will expedite the referral even more.
Bruce Barker indicated Planning Commission should hear from the applicant regarding this request.
Dwain Immel, applicant, provided some clarification on the application. There has been some confusion on the
application process. The applicant began this process by simply believing they needed a building permit since
recycling was a part of the approved use. The business is used to dispose tires but they also want to be able to
-- recycle those tires into useable products. Their main purpose in the business is to recycle the tires and the State
has encouraged them to do so. The existing USR indicates the site is set for the collection and recycling. The
applicant believed the only thing needed was a building permit for recycling facility. The process is to shred a tire
into smaller chips then those chips are ground down further into smaller chips. The larger chips are frozen with
liquid nitrogen then it is dropped through a screen into a smaller size. The screens vary in size which determines
the size of the crumb rubber. The applicant has signed a long term contract for field turf which uses the crumb
rubber.
The applicant is now aware that he does not need to amend the existing CD since the use is already permitted
under state statute and allowed in the existing CD. The applicant is willing to go forward and explain the situation
to the Board of County Commissioners so there is no confusion as to the intent of the applicant and the
operation. The applicant believes the existing zoning allows for this use. The applicant wants this placed on the
record as the intent for recycling so there is no additional confusion at a later date. The applicant would like to
get approval to install the equipment needed within the building and not delay the process any further. The
applicant has signed a contract for crumb rubber to begin delivery in May so they would like to get the equipment
installed so it is ready once final approval is given by the Board of County Commissioners. The applicant
understands of the possible risks this imposes but states this form of production is extremely low impact.
Michael Miller asked Ms. Hatch if this was previously permitted for recycling then why the need to amend the
USR. Ms. Hatch stated staff determined that this was a significant change due to the addition of the liquid
nitrogen and being a 24/7 operation. Mr. Miller asked Mr. Barker about the option with regards to getting into
production with a contingent permit with the knowledge that the application could be denied. Mr. Barker stated
the Board of County Commissioners could determine this. They would also need some assurance that if the
application was denied there would be a time frame for removal of the equipment. Planning Commission needs
to determine whether they would like to continue with no comments from the Department of Public Health and
Environment. Mr. Miller stated he believes the board needs the referral and if this was permitted for recycling
then there is no need to go through the process. This seems to be back tracking to cover the lack of specifics in
the original permit. Mr. Barker stated that the issue of rather this was a change is something that could have
'— been appealed through the Board of Adjustment. This is the way the proposal has been presented and what the
Planning Commission must address. Mr. Miller stated that they would have the opportunity to apply for a
conditional building permit. Mr. Barker stated that would depend on the assurances the applicant can give should
it be denied. All the factors will be considered by the Board of County Commissioners.
4
Doug Ochsner asked what is best for applicant so he can proceed. Ms. Hatch stated that Planning Commission
has the option to decide. There are a few options; one being hear the case without the Department of Public
Health and Environment referral, recommend denial, recommend approval or continue the case. Mr. Jiricek
added that with the elimination of the need to amend the CD and not needing the State referral has sped the
process up immensely. The referral from the State would not have been done for at least a month if a CD would
have needed to be amended.
Michael Miller stated he is not comfortable with no referral from Department of Public Health and Environment.
Paul Branham indicated he agrees with the need for the referral. It seems that the time frame would be the best
for the applicant should this be continued for two weeks.
Dwain Immel, applicant, added that the continuance to March 21, 2006 is not a concern. The applicant would like
to go forward, at their own risk, and install the equipment. Mr. Miller stated the Board of County Commissioners
can give that approval the Planning Commission cannot.
Trevor Jiricek added that the case could be heard today and get a recommendation for denial and still be heard
before the Board of County Commissioners. Mr. Barker indicated this was correct but the Planning Commission
needs to provide a complete recommendation and they cannot do this without the referral from Department of
Public Health and Environment. The applicant can request a pre-ad which will speed up the process. Mr. Immel
stated they have a building permit and he would like to know if they can put the equipment in the building and not
operate. Mr. Barker stated that the Department of Planning Services could determine this.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one
wished to speak.
Paul Branham moved to continue the case to March 21, 2006. Roy Spitzer seconded. Motion carried.
CASE NUMBER: PZ-1094
APPLICANT: Ed Orr
PLANNER: Chris Gathman
LEGAL DESCRIPTION: W2NE4 lying south of Greeley Canal No. 2 in Section 24, T6N, R66W of the 6th
P.M., Weld County, Colorado.
REQUEST: Change of Zone from A(Agriculture)to PUD for nine residential lots with E
(Estate)uses along with continuing oil &gas production and 32.23 acres of open
space
LOCATION: South of and adjacent to State Highway 392 and 1/4 mile west of CR 37.
Chris Gathman, Department of Planning Services presented Case USR-1540, reading the recommendation and
comments into the record. The Department of Planning Services is recommending denial of the application. Staff
recommends that the following conditions be added as Conditions of Approval (and subsequently renumber
remaining conditions):
Item 1.B: The applicant shall submit an agreement with the Van Gorham Ditch Company or provide written
evidence that an adequate attempt has been made to address their concerns. (Department of Planning Services)
Item 1.D (to replace existing condition 1.D): The applicant has indicated that additional water for fire suppression
shall be provided by a proposed well. The applicant shall provide written evidence to the Department of Planning
Services regarding the proposed well (location,water supply needs)to the Department of Planning Services to
forward to the State of Colorado, Division of Water for their review. Division of Water Resources comments
regarding the review of the proposed fire well shall be provided to the Department of Planning Services. (State of
Colorado, Division of Water Resources, Department of Planning Services)
Remove Item 1.E—The applicants are proposing to pipe water from the Graham Seepage and Van Gorham
Ditches off of the property to the east of the retention pond. Therefore a potential amendment to the
augmentation plan would not be necessary.
-"-- Chris Gathman indicated that the proposed pond will be developed regardless of this application. The applicant
has an agreement with Cache La Poudre for the water. There will be an underground pipe for the irrigation
ditches on site that will carry water through the site. There are drill windows on site and there may be wells that
have been capped. This would cause problems with setbacks. The staff is recommending lot one be modified to
5
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