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HomeMy WebLinkAbout20062485 INVENTORY OF ITEMS FOR CONSIDERATION Applicant Dwain Immel /Tire Recycling Inc. Case Number 3rd AMUSR-842 Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X Department of Planning Services Field Check Form X Planning Commissioner Field Check Form Letter to Applicant X Affidavit of sign posting X Legal Notifications X N. 2 Application X Maps X Deed/Easement Certificate X Surrounding Property/Mineral Owners X Utilities X v 3 Referral List X N Referrals without comment X Colorado Division of Wildlife, referral received January 19,2006 X Weld County Zoning Compliance, referral received January 3, 2006 X 4 Referrals with comments X Weld County Department of Public Health and Environment, referral received X March 14,2006 (co_ Pe.. E4 S g) N. Platteville/Gilcrest Fire Protection District, referral received January 27,2006 X Weld County Department of Planning Services, landscaping, referral received X December 30, 2005 N. Weld County Department of Building Inspection, referral received January 19, 2006 X ` Weld County Sheriffs Office, referral received January 26,2006 X N. Weld County Department of Public Works, referral received January 18,2006 X Colorado Division of Water Resources, referral received January 9, 2006 X State of Colorado Department of Public Health and Environment, referral received X January 12,2006 5 PC Exhibits X Letter sent to State of Colorado Department of Public Health and Environment from X 5.a the Department of Planning Services dated December 19, 2005 5.b Memorandum from Troy Swain with the Weld County Department of Public Health X and Environment dated March 14,2006 Letter from Jacqueline Hatch dated March 21, 2006 to Doug Ikenberry with the X 5.c State of Colorado Department of Public Health and Environment and supporting documents regarding the Certificate of Designation Amendment 6 Planning Commission Resolution X I hereby certify that the twenty seven items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Board of aunty Commissioners hearing. EXHIBIT Jacqueline ch ❑ Planner 2006-2485 34 ' S' • :Yt LAND USE APPLICATION SUMMARY SHEET COLORADO Case#: 3rd AMUSR-842 Hearing Date: March 7, 2006 cont. March 21, 2006 Applicant: Dwain Immel/Tire Recycling Inc. Situs Address: 12311 County Road 41 Hudson, CO 80623 Request: 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. Legal Description: Lots A and B of RE-1367; being part of S2 N2 SE4; the S2 S2 SE4; and the N2 S2 SE4 all being in Section 32, T3N, R65W of the 6m P.M.,Weld County, CO. Location: West of and adjacent to County Road 41 and north of and adjacent to County Road 26 section line Parcel Size: +/- 120 acres PARCEL ID#: 1213 32 000019, 1213 32 000020, 1213 32 000024 and 1213 32 000023 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 Department of Public Works, referral received January 18, 2006 • Weld County Department of Building Inspection, referral received January 19, 2006 • Weld County Department of Planning Services, landscaping, referral received December 30, 2005 • Weld County Zoning Compliance, referral received January 3, 2006 • Colorado Division of Wildlife, referral received January 19, 2006 • Platteville/Gilcrest Fire Protection District, referral received January 27, 2006 • Colorado Division of Water Resources, referral received January 9, 2006 • Weld County Sheriffs Office, referral received January 26, 2006 • Weld County Department of Public Health and Environment, referral received March 14, 2006 The Department of Planning Services' staff has not received responses from the following agencies: • Weld County Emergency Management • Platte Valley Soil Conservation District • Weld State of Colorado Department of Public Health and Environment EXHIBIT 3rd AMUSR-842 Tire Recycling Inc. Page 1 0.41:4 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW 11`k COLORADO Planner: Jacqueline Hatch Case#: 3rd AMUSR-842 Hearing Date: March 7, 2006 cont. March 21, 2006 Applicant: Dwain Immel/Tire Recycling Inc. Situs Address: 12311 County Road 41 Hudson, CO 80623 Request: 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. Legal Description: Lots A and B of RE-1367; being part of S2 N2 SE4; the S2 S2 SE4; and the N2 S2 SE4 all being in Section 32, T3N, R65W of the 6m P.M.,Weld County, CO. Location: West of and adjacent to County Road 41 and north of and adjacent to County Road 26 section line Parcel Size: +/- 120 acres PARCEL ID #: 1213 32 000019, 1213 32 000020, 1213 32 000024 and 1213 32 000023 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 22-2-150.B (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. 3rd AMUSR-842 Tire Recycling Inc. Page 2 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. 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.B 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- 100.6.1 of the Weld County Code also states "new development should be planned to 3rd AMUSR-842 Tire Recycling Inc. Page 3 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) C. The application shall submit a signage plan to the Department of Planning Services. (Department of Planning Services) D. Tires have been placed adjacent to all County roads to discourage trespassers from accessing the site. The Design and Operations plan indicates that these tires will remain as post-closure security. This is not an accepted fencing method. To ensure the facility is secure and not accessible to unauthorized personnel, the applicant shall submit a fencing plan to the Department of Planning Services. The applicant shall delineate an opaque visual screen on all sides of the property to mitigate the potential negative impact and aesthetic concerns on surrounding properties and public right-of-way. (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. 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. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) 3rd AMUSR-842 Tire Recycling Inc. Page 4 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 Sheriffs Office to discuss a security plan for the site free of charge. (Sheriffs 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 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 3rd AMUSR-842 Tire Recycling Inc. Page 5 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 capable of handling the weight and turning radiuses of any fire trucks/emergency vehicles. (Department of Public Works) 5. A minimum of forty six (46) parking spaces shall be delineated on the plat and shall include accommodation 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) 3rd AMUSR-842 Tire Recycling Inc. Page 6 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 3Ru 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 mapsco.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 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) 3rd AMUSR-842 Tire Recycling Inc. Page 7 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) 3rd AMUSR-842 Tire Recycling Inc. Page 8 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. 3rd AMUSR-842 Tire Recycling Inc. Page 9 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) 3rd AMUSR-842 Tire Recycling Inc. Page 10 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) 3r°AMUSR-842 Tire Recycling Inc. Page 11 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. 3r°AMUSR-842 Tire Recycling Inc. Page 12 DEPARTMENT OF PLANNING SERVICES a NORTH OFFICE ,..-- ill 918 10TH Street ( GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 Inge SOUTHWEST OFFICE 4209 CR 24.5 COLORADO LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720)652-4211 December 30, 2005 Tire Recycling Inc. do Lind, Lawrence& Ottenhoff 1011 11th Ave Greeley CO 80631 Subject: 3AmUSR-842- Request for a 3f°Amended Site Specific Development Plan and Special Review Permit including a Certificate of Dedication 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 on a parcel of land described as 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. Dear Applicant: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for March 7,2006,at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 918 10'Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. 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 shall provide 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. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. Respectfully, Jacgr5Pl' atch 1 Plant PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS ;2- fa S /O() THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY 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, Jacqueline Hatch, HEREBY CERTIFY UNDER PENALT ES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR , 2-o kMU.s -E 1& IN THE A (AGRICULTURAL) ZONE DISTRICT. Pr°a"c,-i.vc �Ihftr�� Name of Person Posting Sign —Jacqueline Hatch Signatur of Person osting Sign STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was subscribed e this day of r6 2octi WITNESS my hand and officials r'04 ..•Fqy co.''' 1-Ai•Notary Public vT'• 8 L ,•:,gr O h0 ^TOP . My Commission Expires: 10 H y I a,O a-1 • v a = WC NOTICE HWi A PUBLIC HEARING CONCERNIN • `' THIS PROPERTY WILL BE HELD AT: ( �ARc + ! 20G6 AT 1 3 . • §f•` • 3`W►�tf • \ , ,.c ! - -} r . o-cm may. - 1 r,+E J d r- n .b�rrt�, -e +Ss. r.. a. •\ QUEST ...r- n ..+.r.v.7�:•----1; n..�...w4yr'i..'� '�' J i!�`^ r ' I N0. -5"4 /.ZCI ACRES �- '��+�-� �`,�'J" ,• „s-.•-4 `-Y,• y� 1 me FOR MORE INFORMATION CALL ...Taft, "'�+ii+*_ .• ,,, -.'' �' , ‘• './°+ ;r' ' fLD COUNTY DEPARTMENT OF -- =` �. ,'*: ' T- PLANNING SERVICES T " _ - = -.' (970)353 6100 ext. 35. 02 /23 / 2006 ,. `�.a 1 1 • riViAd'cS 1 : • �:_ „�+' " T.-cam"� •� _ ti - . a el_t rya rs" ' �♦l� , F s. - - n7: - - . _ rye - �, • , - - I : - _ - _ _tJ_.• - i�Jf�_ - ier. • iaosmm - - --.... •- - - - r 4,4 • - • . i IIPMend Div _ ` �♦ t t " �` . 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S - r - _ r I. .-* - a tr .*/. .. - - 7•. ... • coot; _ ` ' '' �r ' r C - i I • _ a• f FIELD CHECK Inspection Date: 1/16/06 APPLICANT: Tire Recycling Inc. c/o Lind, Lawrence&Ottenhoff, LLP CASE#: 3rdAMUSR-842 REQUEST: 3rd 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 recycleling facility), heavy manufacturing - processing facility(cryogenic processing—crumb rubber)and a mobile home for housing in the 1-3 Zone District. LEGAL: Lots A and B of RE-1367 being part of S2 N2 SE4; the S2 S2 SE4; and the N2 S2 SE4 all being in Section 32, T3N, R65W of the 6th P.M.,Weld County, CO. LOCATION: West of and adjacent to CR 41 and approximately 1 mile south of CR 28 PARCEL ID#: 1213 32 000020, 1213 32 000019, 1213 32 000024, 1213 32 000023 ACRES: 120 +/-acres Zoning Land Use N 1-3 N Auto salvage yard E Agricultural E Agricultural S Agricultural S Agricultural W Agricultural W Agricultural Comments: Existing Tire Storage Two homes Derelict Vehicles Tire fencing/property lines Signatu) ❑ House(s) o Derelict Vehicles o Outbuilding(s) ❑ Non-commercial junkyard (list components) o Access to Property o Irrigation Sprinkler o Crop Productions o Crops o Site Distance o Wetlands o Mobile Home(s) o Oil & Gas Structures o Other Animals On-Site ❑ Wildlife o Water Bodies o Utilities On-Site (transmission lines) ❑ Ditch o Topography Note any commercial business/commercial vehicles that are operating from the site. Hello