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Home My WebLink About20032655.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by John Folsom, along with the deletion of 2 B&K, 3 C&D, language in 2G and Development Standard #28, 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: 2n° AmUSR-842 APPLICANT: Jarrald A. &Jaye L. Jamison PLANNER: Sheri Lockman LEGAL DESCRIPTION: S2 SE4 and Lot A& Lot B of RE-1367; also described as the S2 N2 SE4 of Section 32, T3N, R65W of the 6th P.M., Weld County, Colorado. REQUEST: Site Specific Development Plan and Special Use Permit for 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. LOCATION: West of and adjacent to WCR 41 and North of and adjacent to WCR 26 section line. be recommended favorably to the Board of County Commissioners for the following reasons: 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. Planning Commission recommends the following be included as Conditions of Approval: 1. Prior to scheduling the Board of County Commissioners hearing: A. The applicant shall submit to the Weld County Department of Planning Services a signed copy of an agreement with the properties mineral owners which stipulates that oil and gas activities have been adequately incorporated into the design of the site or submit evidence that mineral owners concerns have been mitigated. (Department of Planning Services) 2. Prior to recording the plat: A. All pages of the final plat shall be labeled: 2n° AMUSR-842. (Department of Planning Services) B. All septic systems located on the property shall have appropriate permits from the Weld County Department of Public Health and Environment. The Environmental Health Division of the Weld County Department of Public Health and Environment was unable to locate a septic permit for the camper trailer currently located north of the office. Any existing septic systems(s)which is not currently permitted through the Weld County Department of Public Health and Environment will require an I.S.D.S. evaluation prior to the issuance of the required septic permits(s). In the event the system(s) is found to be inadequate, the system(s) must be brought into compliance with current I.S.D.S. regulations. Evidence of approval shall be submitted to the Weld County Department of Planning Services. (Weld County Department of Public Health and Environment) C. The plat shall be amended to delineate the following: 1) The specific sequence of pit construction on the new 40-acre portion of the site. (Colorado and Weld County Departments of Public Health and Environment) 2) The approved fencing. (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, o which requires 80 feet of right-of-way at full build out.There is presently 60 feet of 1 right-of-way. An additional ten feet shall be delineated on the plat as right-of-way k reservation for future expansion of County Road 41. This road is maintained by Weld County. (Department of Public Works) W ' 2003-2655 Resolution 2AmUSR-842 Jerrold Jamison Page 2 4) Areas used for sorting, processing and shipping tires. (Department of Planning Services) E. The Fire Safety Evaluation and Fire Control Plan for the site shall prohibit activities such as welding, grinding, o r other s park producing sources at or n ear t ire storage areas. Evidence of Colorado Department of Public Health and Environment approval of the Fire Control Plan shall be submitted to Planning Services. (Colorado and Weld County Departments of Public Health and Environment) F. The a pplicant s hall submit evidence to the Department o f Planning S ervices t hat the Platteville Fire Protection District has reviewed and approved the Fire Safety Evaluation and Fire Control Plan. (Department of Planning Services) G. The existing travel trailers shall be removed from the site or be stored in a designated storage area. Additional travel trailers shall not be used on any basis as a dwelling or as overnight or temporary housing for any person. (Department of Planning Services) H. The applicant shall submit a letter requesting to withdraw USR-1361 which included only the new tire storage area. (Department of Planning Services) 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) J. Spillage retention berms shall be placed 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) 3. Prior to the use of the new 40-acre portion of the site: A. The applicant shall forward a copy of the final Use by Special Review Plat Map to the Colorado Department of Public Health and Environment. (Colorado Department of Public Health and Environment) B. Financial assurance for the entire facility shall be finalized by the Colorado Department of Public Health and Environment. Evidence that the Colorado Department of Public Health and Environment has accepted the financial assurance shall be submitted to the Department of Planning Services. (Colorado and Weld County Departments of Public Health and Environment) 4. 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) SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS 2nd AMUSR-842 e", Jarrald A. and Faye L.Jamison /Tire Mountian 1. The Site Specific Development Plan and Special Use Permit is for 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 I-3 (Industrial)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. 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. (Department of Public Health and Environment) 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. (Department of Public Health and Environment) C) No more than eight(8)cells shall be excavated and exposed or filled at a time.(Department of Public Health and Environment) 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) 4. Fire equipment access roads shall be a minimum of 50 feet wide,capable of providing access in all weather conditions and capable of supporting fire equipment of 50,000 pounds. (Department of Public Health and Environment) 5. Tires in the cells shall be stacked a maximum of 4 feet above the fire lane surface elevation. 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) 6. 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 of each year. (Department of Public Health and Environment) 7. 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) 8. 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) 9. 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) Resolution 2AmUSR-842 Jarrold Jamison Page 2 10. 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 Control Plan. (Department of Public Health and Environment) 11. Acpy 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) 12. No permanent disposal of wastes,other than waste tires,shall be permitted at this site.(Department of Public Health and Environment) 13. Any liquid or solid wastes (as defined in the Regulations Pertaining to Solid Waste Disposal Sites and Facilities",as promulgated by the Solid Waste Disposal Sites and Facilities Act,Title 30,Article 20, part 1, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 14. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does not occur. (Department of Public Health and Environment) 15. Fugitive dust and fugitive particulate emissions shall be controlled on this site.(Department of Public Health and Environment) 16. 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) 17. 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) 18. 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) 19. 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) 20. A safe and adequate sewage disposal system shall be available on the facility premises. (Department of Public Health and Environment) 21. A safe and adequate fresh water supply shall be available on the facility premises. (Department of Public Health and Environment) 22. In the event that the facility closes permanently, and tires are not used for recovery or recycling operations within 10 years after closure, 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. The 10 year limit may be extended with approval from the Colorado Department of Public Health and Environment. (Department of Public Health and Environment) 23. 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) 24. Activities such as welding,grinding, or other spark sources shall not be permitted near tire storage areas. (Colorado Department of Public Health and Environment) Resolution 2AmUSR-842 Jarrold Jamison Page 3 25. Off-street parking spaces including the access drive circulation through the cell area shall be surfaced with gravel or the equivalent and shall be graded to prevent drainage problems. (Department of Public Works) 26. 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) 27. 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) 28. The two existing mobile home on site shall be used as living quarters for caretakers or security personnel responsible for maintaining or guarding the property. (Department of Planning Services) 29. No Trespassing" signs shall be posted and maintained on the perimeter to clearly identify the boundaries of the site. (Department of Planning Services) 30. The property owner or operator shall be responsible for complying with the approved Certificate of Designation. (Department of Planning Services) 31. The property owner or operator shall be responsible for complying with the approved Design and Operations Plan. (Department of Planning Services) 32. The applicant shall be allowed one thirty six square foot entrance sign as well as a sixteen square foot sign for the leased portion of the site. (Department of Planning Services) 33. At closure all tires shall be placed in cells. (Department of Planning Services) 34. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 35. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 36. 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. 37. 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. 38. 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. r Resolution 2AmUSR-842 Jarrold Jamison Page 4 r Motion seconded by Bruce Fitzgerald VOTE: For Passage Against Passage Absent John Folsom John Hutson Bryant Gimlin Stephen Mokray Bruce Fitzgerald James Rohn The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I, Voneen Macklin, 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 September 2, 2003. D ted the 2n° of SSeppttember,, 2003. x.Voneen Macklin Secretary BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by John Folsom, along with the deletion of 2 B&K, 3 C&D, language in 2G and Development Standard #28, 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: 2nd AmUSR-842 APPLICANT: Jarrald A. &Jaye L. Jamison PLANNER: Sheri Lockman LEGAL DESCRIPTION: S2 SE4 and Lot A& Lot B of RE-1367; also described as the S2 N2 SE4 of Section 32, T3N, R65W of the 6th P.M., Weld County, Colorado. REQUEST: A Certificate of Designation for a Commercial Junkyard and Salvage Yard (tire landfill, storage and recycling facility) along with a and a mobile home for housing of tire purchasers in the 1-3 (Industrial)Zone District LOCATION: West of and adjacent to WCR 41 and North of and adjacent to WCR 26 section line. be recommended favorably to the Board of County Commissioners for the following reasons: 5.1 Issuance of Certificates of Designation for new facilities for solid waste disposal: Certificates of Designation are issued by Boards of County Commissioners in accordance with requirements for the consideration of applications contained in Sections 30-20-104 and 30-20-105, of the Act. 5.1.1 Factors to by considered: 1) In considering an application for a Certificate of Designation, the Board of County Commissioners shall take into account: A) The effect that the solid wastes disposal site and facility will have on the surrounding property,taking into consideration the types of processing to be used, surrounding property uses and values, and wind and climatic conditions; The expansion of the tire storage area is bordered on the north and south by existing tire storage. The proposal should have little, if any, additional impact on surrounding properties. B) The convenience and accessibility of the solid wastes disposal site and facility to potential users; The site is easily accessed by paved roads from all directions. C) The ability of the applicant to comply with the health standards and operating procedures provided for in the Act and such rules and regulations as may be prescribed by the Department; Conditions of Approval and Development Standards include requirements from both Weld County and the State of Colorado Departments of Health and Environment. D) Recommendations by local health departments. Both Weld County and the State of Colorado Departments of Health and Environment have recommended approval of the proposal dependant upon the attached Conditions of Approval 2) Except as provided in the Act, designation of approved solid wastes disposal sites and facilities shall be discretionary with the board of County Commissioners, subject to judicial review by the district court of appropriate jurisdiction. i Resolution 2AmUSR-842 Jarrold Jamison Page 2 3) Prior to the issuance of a Certificate of Designation, the Board of County Commissioners shall require that the report which shall be submitted by the applicant under section 30-20- 103 of the Act be reviewed and a recommendation as to approval of disapproval made by the Department and shall be satisfied that the proposed solid waste disposal site and facility conforms to the comprehensive county land use plan, if any.The application, report of the department, comprehensive land use plan, and other pertinent information shall be presented to the Board of County Commissioners at a public hearing to be held after notice. Such notice shall contain the time and place of the hearing and shall state that the matter to be considered as the applicant's proposal for a solid waste disposal site and facility.The notice shall be published in a newspaper having general circulation int eh county in which the proposed solid wastes disposal site and facility is located at least ten but not more than thirty days prior to the date of the hearing. 5.1.2 If the Board of County Commissioners deems that a Certificate of Designation should be granted to the applicant, it shall issue the certificate, and such certificate shall be displayed in a prominent place at the site and facility. The Board of County Commissioners shall not issue a Certificate of Designation if the department has recommended disapproval pursuant to Section 30-20-103 of the Act. 5.1.3 The County Board of Commissioners shall forward a copy of the Certificate of Designation to the Department 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. Planning Commission recommends the following be included as Conditions of Approval: 1. Prior to scheduling the Board of County Commissioners hearing: A. The applicant shall submit to the Weld County Department of Planning Services a signed copy of an agreement with the properties mineral owners which stipulates that oil and gas activities have been adequately incorporated into the design of the site or submit evidence that mineral owners concerns have been mitigated. (Department of Planning Services) 2. Prior to recording the plat: A. All pages of the final plat shall be labeled: 2nd AMUSR-842. (Department of Planning Services) B. All septic systems located on the property shall have appropriate permits from the Weld County Department of Public Health and Environment. The Environmental Health Division of the Weld County Department of Public Health and Environment was unable to locate a septic permit for the camper trailer currently located north of the office. Any existing septic systems(s)which is not currently permitted through the Weld County Department of Public Health and Environment will require an I.S.D.S. evaluation prior to the issuance of the required septic permits(s). In the event the system(s) is found to be inadequate, the system(s) must be brought into compliance with current I.S.D.S. regulations. Evidence of approval shall be submitted to the Weld County Department of Planning Services. (Weld County Department of Public Health and Environment) C. The plat shall be amended to delineate the following: 1) The specific sequence of pit construction on the new 40-acre portion of the site. (Colorado and Weld County Departments of Public Health and Environment) 2) The approved fencing. (Department of Planning Services) Resolution 2AmUSR-842 Jarrold Jamison Page 3 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. An additional ten feet shall be delineated on the plat as right-of-way reservation for future expansion of County Road 41. This road is maintained by Weld County. (Department of Public Works) 4) Areas used for sorting, processing and shipping tires. (Department of Planning Services) E. The Fire Safety Evaluation and Fire Control Plan for the site shall prohibit activities such as welding, grinding, o r other s park producing sources at or n ear t ire storage areas. Evidence of Colorado Department of Public Health and Environment approval of the Fire Control Plan shall be submitted to Planning Services. (Colorado and Weld County Departments of Public Health and Environment) F. The a pplicant s hall submit evidence t o the D epartment o f Planning S ervices t hat the Platteville Fire Protection District has reviewed and approved the Fire Safety Evaluation and Fire Control Plan. (Department of Planning Services) G. The existing travel trailers shall be removed from the site or be stored in a designated storage area. Additional travel trailers shall not be used on any basis as a dwelling or as overnight or temporary housing for any person. (Department of Planning Services) H. The applicant shall submita letter requesting to withdraw USR-1361 which included only the new tire storage area. (Department of Planning Services) 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) J. Spillage retention berms shall be placed 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) 3. Prior to the use of the new 40-acre portion of the site: A. The applicant shall forward a copy of the final Use by Special Review Plat Map to the Colorado Department of Public Health and Environment. (Colorado Department of Public Health and Environment) B. Financial assurance for the entire facility shall be finalized by the Colorado Department of Public Health and Environment. Evidence that the Colorado Department of Public Health and Environment has accepted the financial assurance shall be submitted to the Department of Planning Services. (Colorado and Weld County Departments of Public Health and Environment) 4. 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) SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS 2nd AMUSR-842 Jerrald A. and Faye L.Jamison/Tire Mountian 1. The Site Specific Development Plan and Special Use Permit is for 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, 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. 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. (Department of Public Health and Environment) 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. (Department of Public Health and Environment) C) No more than eight(8)cells shall be excavated and exposed or filled at a time.(Department of Public Health and Environment) 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) 4. Fire equipment access roads shall be a minimum of 50 feet wide,capable of providing access in all weather conditions and capable of supporting fire equipment of 50,000 pounds. (Department of Public Health and Environment) 5. Tires in the cells shall be stacked a maximum of 4 feet above the fire lane surface elevation. 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) 6. 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 of each year. (Department of Public Health and Environment) 7. 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) 8. 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) 9. 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) Resolution 2AmUSR-842 Jarrold Jamison Page 2 P"'" 10. 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 Control Plan. (Department of Public Health and Environment) 11. 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) 12. No permanent disposal of wastes,other than waste tires,shall be permitted at this site.(Department of Public Health and Environment) 13. Any liquid or solid wastes (as defined in the Regulations Pertaining to Solid Waste Disposal Sites and Facilities",as promulgated by the Solid Waste Disposal Sites and Facilities Act,Title 30,Article 20, part 1, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 14. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does not occur. (Department of Public Health and Environment) 15. Fugitive dust and fugitive particulate emissions shall be controlled on this site.(Department of Public Health and Environment) 16. 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) 17. 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) 18. 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) 19. 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) 20. A safe and adequate sewage disposal system shall be available on the facility premises. (Department of Public Health and Environment) 21. A safe and adequate fresh water supply shall be available on the facility premises. (Department of Public Health and Environment) 22. In the event that the facility closes permanently, and tires are not used for recovery or recycling operations within 10 years after closure, 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. The 10 year limit may be extended with approval from the Colorado Department of Public Health and Environment. (Department of Public Health and Environment) 23. 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) 24. Activities such as welding,grinding,or other spark sources shall not be permitted near tire storage areas. (Colorado Department of Public Health and Environment) Resolution 2AmUSR-842 Jarrold Jamison Page 3 's 25. Off-street parking spaces including the access drive circulation through the cell area shall be surfaced with gravel or the equivalent and shall be graded to prevent drainage problems. (Department of Public Works) 26. 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) 27. 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) 28. The two existing mobile home on site shall be used as living quarters for caretakers or security personnel responsible for maintaining or guarding the property. (Department of Planning Services) 29. No Trespassing" signs shall be posted and maintained on the perimeter to clearly identify the boundaries of the site. (Department of Planning Services) 30. The property owner or operator shall be responsible for complying with the approved Certificate of Designation. (Department of Planning Services) 31. The property owner or operator shall be responsible for complying with the approved Design and Operations Plan. (Department of Planning Services) 32. The applicant shall be allowed one thirty six square foot entrance sign as well as a sixteen square foot sign for the leased portion of the site. (Department of Planning Services) 33. At closure all tires shall be placed in cells. (Department of Planning Services) 34. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 35. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 36. 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. 37. 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. 38. 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. \ Resolution 2AmUSR-842 Jarrold Jamison Page 4 Motion seconded by Bruce Fitzgerald VOTE: For Passage Against Passage Absent John Folsom John Hutson Bryant Gimlin Stephen Mokray Bruce Fitzgerald James Rohn The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I, Voneen Macklin, 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 September 2, 2003. Dated the 2nd of September, 2003. Voneen Macklin Secretary Don Carroll suggested adding language to Development Standard#7 that states "The applicant shall apply dust suppression chemical(magnesium Chloride or Calcium chloride)in three locations in front of the homes for approximately 300 feet; no less than twice a year, or as needed, as determined by the Public Works Department. The first application is after the issuance of the Certificate of Occupancy." James Rohn moved to include Mr. Carrolls language in prior to issuance of Certificate of Occupancy 4C and make the application in front of the homes on CR 78 when the building is in place and open to use. John Folsom seconded. Motion carried Michael Miller indicated that upkeep of the road is a scheduled maintenance item for the County. Mr. Miller stated that the traffic control is stop signs at the entrances of the site. James Rohn asked about the speed limit. Mr.Carroll stated it is 55 mph if not posted in the county. Mr. Rohn asked if there is a way to slow traffic in the area at the time the daycare is built. Is there a way to change speed limit. The Board of County Commissioners is the only one to change speed limits in a separate proceeding but school zones can be posted. James Rohn moved that Case USR-1429, be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval. John Folsom seconded the motion. The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom,yes;Stephan Mokray,yes;Michael Miller,yes;Bruce Fitzgerald,yes;James Rohn,yes;John Hutson, yes. Motion carried unanimously. CASE NUMBER: 2nd AmUSR-842 APPLICANT: Jarrald A. &Jaye L. Jamison PLANNER: Sheri Lockman LEGAL DESCRIPTION: S2 SE4 and Lot A& Lot B of RE-1367; also described as the S2 N2 SE4 of Section 32, T3N, R65W of the 6th P.M., Weld County, Colorado. REQUEST: Site Specific Development Plan and Special Use Permit for 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. LOCATION: West of and adjacent to WCR 41 and North of and adjacent to WCR 26 section line. Sheri Lockman, Department of Planning Service, presented Case 2nd AmUSR-842, reading the recommendation and comments into the record. The Department of Planning Services is recommending approval of the application along with the Conditions of Approval and Development Standards. 2n°AMUSR-842 is intended to expand the existing site to include 40 acres which is bordered on the north and south by existing tire storage areas. This proposal requires two separate actions by the Planning Commission. First, a recommendation for the Use by Special Review Permit. Second, a recommendation for the Certificate of Designation. The Planning Commission shall be guided in its review of the Certificate of Designation by regulations contained in State Statute. Historically, the Planning Commission has listened to all the testimony required for both actions and then developed two separate recommendations. Tire Mountain is located west of and adjacent to County Road 41 and north of and adjacent to County Road 26 section line. Properties to the south, east and west are agricultural in nature. A Commercial junkyard lies to the north of the site. The applicant has submitted multiple amendments in an attempt to comply with conditions set by the Colorado g EXHIBIT Page -3- itt „r�# i Department of Public Health and Environment. This is why you will find multiple responses from referral agencies. 12 referral agencies reviewed this case, 7 responded favorably or included conditions that have been addressed through development standards and conditions of approval. The Department of Planning Services has prepared two recommendations. The first is regarding the Certificate of Designation which is reviewed per state statute. Planning Staff is recommending approval.The second is regarding the USR which is reviewed per criteria listed in the Weld County Code.The Department of Planning Services is recommending denial. This recommendation is based entirely on the applicants request to place a mobile home to house customers on the property.The 1-3 Zone District does not allow for mobile homes for housing of customers. Therefore, Planning Staff has no option but to recommend denial. There are two outstanding issues which staff wants to bring to the attention of the Planning Commission.The first is the requested Mobile home to house customers. Although the Weld County Code does not allow for this use. Planning Staff does not believe it is an unreasonable request. Tire Mountain has customers that come from Mexico to purchase tires for use in their own country. Staff does not consider a travel trailer adequate. The second issue is in regards to fencing. At this time the site is bordered by very large tires. Planning Staff does not consider this an appropriate fencing method nor do we know of any other site that has been allowed to use tires as fencing. The Design and Operations plan indicates that tires along the boundary will remain as post-closure security.At the very least, Planning Staff wants to make sure that these tires are not allowed to remain indefinitely. James Rohn asked Ms. Lockman about the tire cells and placing dirt over them. Ms. Lockman stated that the applicant has 20 years to try and recycle them or they will be buried. Bruce Fitzgerald asked Ms.Lockman if the cells make up is due to state regulations. Cindy Etcheverry stated the cells were designed through the state for fire protection based on engineered drawings. Mr. Miller asked about previous USR and storage of mobile homes. Ms. Lockman stated that there was a SUP for two mobile homes in 1976. There were approvals in 1989 for two mobile homes. One will be used for a manager, and no use for the other was given,there was an amendment in 1990 to allow for office and one for site manager. Ms. Lockman indicated that they can store mobile homes in the storage areas. Mr. Miller asked about the tires used as fenceing and that they not remain once the facility is closed. Ms. Lockman would like to see a fencing plan. Ms.Lockman stated is has been approved in the past with this type of fencing. Mr.Miller asked if there was an objection to having the tire fence until the closure of the facility. Ms. Lockman stated that staff has never approved tires as a suitable fence material. Ken Lind, representative for the applicant, provided clarification with regard to the project. The Certificate of Designation and the USR go hand in hand. Both existing mobile homes are permitted and have building permits, septic tanks and all the requirements. The applicant would like a third mobile home on site. One is used for security for the operation, second related to storage yard, the third would be used for buyers for the tires from Mexico. The recycle operation should expand and there will be a further need for the mobile home. The site is in an isolated area. The sorting inspection needs to take place onsite. It is not feasible for buyers to have no place on site after spending all day sorting and inspecting the material. There needs to be a place to stay when they are on site. There are actually three separate sites of 40 acres, so the third mobile home would be effective for the third site. A permanent mobile home will be done and the travel trailer will be removed. This mobile home will be located south of the existing homes. The fencing was not done 10 years ago due to Platteville Fire District wanting unencumbered access to the site. This was the reason for the tires coming about. Fencing on CR 41 would be appropriate. The applicant would like to make changes to 1 D 4 to include area for shipping tires. There are areas used on site for sorting and process and another for shipping. Another concern is 1 G referring to the one mobile home. There needs to be clarification that there are two existing mobile homes and a third being applied for. The applicant would like to keep the portable toilet for outside storage users. The office may not be open at all times the storage area is accessed. It is more of a matter of convenience. The toilet is regularly serviced by a company. Another issue relates to another drilling site. Patina stated they do not have a time schedule for drilling operation and the applicant will relocate at the time Patina decides to drill. There are two sites possible. The same comments apply to the Certificate of Designation. Page -4- James Rohn asked about the number of cells being excavated being doubled. Mr. Lind stated that the number has increased due to the need for the tires to be sorted according to size not just the tire itself. Mr. Rohn asked Ms. Etcheverry if the facility is a unique system. Ms. Etcheverry stated it was unique to Weld County. Mr. Lind added that the cell holding method is now a national standard for fire safety and recycling. Michael Miller asked Mr.Lind about the fence on CR 41 and the reasoning. Mr.Lind stated that the fence was from an original request from the Platteville Fire District. In the event of fire emergency will be taken care of by moving earth. The Fire District did not want fencing to interfere with that operation. Mr. Miller asked about the issue of the portable toilet and rather it should be moved or removed. Ms. Etcheverry stated that they are not allowed for a permanent situation. These are storage facilities, there is little usage so there is no huge issue. John Folsom asked Ms. Lockman about the USR condition being based on the travel trailer being replaced by mobile home and the location in the code. Ms. Lockman stated it would be utilized as an accessory use in the I-1 Zone District. There is standard language indicating that the travel trailer cannot be used as overnight or temporary housing. James Rohn indicated his concern with the eight cells being open at a time, he believes this to be somewhat excessive. Ms. Lockman stated staff did not have a concern because the cells will be left open anyway. Mr. Rohn asked about water safety issues,whether the water can get contaminated. Ms. Etcheverry stated that for rainstorm events the water is directed away and there is sand in the area. Mr. Mokray asked about the mosquito problems. Ms. Etcheverry stated that there have been some surveys done in the area but the results were unknown. Mr. Lind added that the water in the tires heats up to a high temperature killing mosquito larvae and the compact by their own weight. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Michael Miller asked about the fencing and language should read that when the facility is closed alternate fencing should be provided or a fencing plan at that time. There is no need to place a six foot fence at this time. Ms.Lockman stated that there are three things that address the tires. One would be a fencing plan and this depends on the direction of the Planning Commission. Two,all fencing shall be in place according to the fencing plan. Third, the tires removed from the road right of way. Ms. Etcheverry added that fencing would not be needed because there is no need to fence anything once the facility closes. There would need to be a designation that it was a tire landfill and fencing would be a way to do that. Mr. Miller stated a sign would accomplish the notification aspect. Ms. Lockman stated that if the fencing is not an issue then all three conditions for fencing should be deleted and add "at closure all tires shall be placed in cells." James Rohn moved to delete 2B, 3 C & D and add new language to Development Standard #33. Bruce Fitzgerald seconded. Motion carried Michael Miller indicated that D4 was requested to add the word shipping. John Folsom moved to add the word shipping. James Rohn seconded. Motion carried Michael Miller asked the Planning Commission what the preference for the mobile home as indicated in 2 G. Ms. Lockman stated that staff was following the code and they are only allowed one. The third one is for customers and it us up to the Planning Commission. Ms. Lockman stated that the travel trailer still needs to be removed regardless of the approved number of mobile homes. If the third is granted it will need to be addressed as only for customers. Bruce Fitzgerald stated that there has not been a request for a housing on site from another applicant. There are motels in town and Fort Lupton is 10 miles away. Mr. Miller added that the hours of operation make this a matter of convenience. James Rohn stated that there are three forty acres sections and there have been two trailers approved per two sections. A third trailer for third section is not out of line and is more of a customer convenience. Page-5- ,.� John Hutson stated that if Planning Commission provide motel facility for customers this might set a precedence that might affect future cases. Mr. Miller asked if allow third mobile home the 2 G would be amended but the travel trailer would need to be removed. They will need to be listed and what they can be used for. Stephen Mokray stated it was exceptional case to provide convenience and there is a 20 year limit of time. Ken Lind stated that one mobile home is used for security for the tire cell. The second is used for open storage yard security. They are two different operations. The open storage yard has been eliminated to use for tire storage. Michael Miller indicated that the portable toilet needs to be addressed.The Health Department stated that they have no issue since it is not frequently utilized. Mr. Fitzgerald added it was a good use. John Folsom moved to delete 2 K. Bruce Fitzgerald seconded. Motion carried. James Rohn would like to have the open excavating cells be 5 or 6. The fugitive dust that will be associated with that many cells is a concern. James Rohn moved to change 3C to no more than 6 cells. No second. Motion failed Michael Miller asked Ms. Lockman if the changes that are being made will affect both sets of standards for the USR and the Certificate of Designation. Bruce Fitzgerald moved to apply any and all changes to both sets of Conditions and Development Standards. Stephen Mokray seconded. Motion carried. Lee Morrison stated that the USR should be done first then the Certificate of Designation. James Rohn asked for clarification with regard to the mobile home. Ms.Lockman indicated that the way staff comments read is directly out of the code and it allows for one mobile home. This would make them remove one of the mobile homes and the travel trailer. Bruce Fitzgerald asked if staff was looking at this as three sites or one total site. Ms. Lockman stated it was reviewed as one total site with separate parcels. Mr. Miller stated that he does not feel like it is fair to make the applicant remove the second mobile home but if Planning Commission does not want the third mobile home than language needs to reflect this. Bruce Fitzgerald moved to allow the second existing trailer and include the following language from Ms. Lockman. James Rohn seconded. Ms.Lockman provided language for 2 G. Eliminate the reference section in the code and the reference to mobile home. Development Standard #28 shall refer to two mobile homes delete the rest. Motion carried James Rohn moved that Case 2nd AmUSR-842, be forwarded to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval. Bruce Fitzgerald seconded the motion. This is in reference to the special use permit. The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom,no;Stephan Mokray,yes; Michael Miller,yes; Bruce Fitzgerald,yes;James Rohn,yes;John Hutson, yes. Motion carried. James Rohn moved that Case 2nd AmUSR-842, be forwarded to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval. Bruce Fitzgerald seconded the motion. This is in reference to the Certificate of Designation. Page -6- ,.. The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom,yes;Stephan Mokray,yes;Michael Miller,yes;Bruce Fitzgerald,yes;James Rohn,yes;John Hutson, yes. Motion carried. CASE NUMBER: USR-1435 APPLICANT: Hall-Irwin Corporation PLANNER: Kim Ogle LEGAL DESCRIPTION: Part of Lot B, Corrected 2ndAmRE-1053; and part S2 of Section 12, T5N, R65W of the 6th P.M., Weld County, Colorado. REQUEST: Site Specific Development Plan and Use by Special Review for Mineral Resource Development Facilities, including Open Pit Mining and Materials Processing, a Concrete and Asphalt Batch Plant and a Concrete Recycling Facility. LOCATION: North of and adjacent to CR 58 (East 16'" Street) and 1/4 mile west of CR 471/2. Kim Ogle, Department of Planning Services, presented Case USR-1435, reading the recommendation and comments into the record.The Department of Planning Services is recommending approval of the application along with the Conditions of Approval and Development Standards. James Rohn asked for clarification with regard to 1 A 1. Mr. Ogle stated that by state statue they have the right to mine a specific area of the county of which there is a terrace mineral deposit but they still have to meet all conditions and development standards. Danna Ortiz, representative for Hall-Irwin, indicated that they were available for any questions and request approval. Michael Miller asked about the concrete and asphalt batch plants and the rock quality and size will make this difficult. Ms. Ortiz stated they want to have the potential if the need arose in the future. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Donna Stephenson, neighbor, indicated her concerns with the impact on the quality of life. First concern is traffic, the current infrastructure is not capable of handling this type of development. The local county roads are not designed for the amount expected of 500 trips down the County Roads. There are two dairy's divided by a County Road 47 '/z . There are trucks along this road every day to take care of the cows. The school bus stops along County Road 58. There are kids along the side of the road and it will be very dangerous for them. Students will be crossing the street at the peak time for delivery.When the time changes they are often standing by the road at dawn. It should be noted that the traffic study was not taken during the school year. The traffic is not just a matter of inconvenience but it an safety issue for the kids. Environmental quality is tied to quality of life and enjoyment of property. The current land use is agricultural which provides for open space. A gravel pit will be eyesore and increase dust and noise pollution. There are a few things that the neighbors would like to see in the proposal to help mitigate some concerns. One,limit the hours to a 1A day on Saturday and they not have the asphalt batch plant. There is no need for it. Another concern is the value of the property.Wealth is tied to the property and the comprehensive plan indicates that the developer should strive to mitigate impacts on surrounding neighbors, protect wildlife and protect the land. The property value will drop 20%while the mining operation is being done. The value will not return until reclamation is done. The neighbors will have to live with the traffic issues, environmental impacts and safety issues until the operation is complete. Private property rights are not unlimited but rather balanced with the responsibility of protecting the community health, safety and welfare. The mitigation of the impact of uses such as this is essential to ensure compatibility with surrounding land owners. Randy Wolfe,neighbor,indicated concerns with quality of life. Hall-Irwin has tried to limit the impact and work with the neighbors. There have been things that have been asked for but have not yet come forth in writing. The wells are of great concern in the area and the impacts have not been fully explored. The neighbors have asked for assurances with regard to the wells and have not received any response. There have been some issues with the slurry walls being not dependable. There are concerns about the possible impacts on irrigation Page -7- SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, July 15, 2003 A regular meeting of the Weld County Planning Commission was held Tuesday 2003, in the Weld County Public Health/Planning Building, (Room 210), 1555 N. 17th Avenue, Greeley, Colorado. The meeting was called to order by Chair, Michael Miller , at 1:30p.m. ROLL CALL Michael Miller Bryant Gimlin James Rohn I i_I John Folsom _ .. cJ Stephan Mokray ca John Hutson c� Bernard Ruesgen i; --A Bruce Fitzgerald v t+ Also Present: Sheri Lockman, Peter Schei, Pam Smith, Jacqueline Hatch The summary of the last regular meeting of the Weld County Planning Commission held on July 1, 2003, was approved as read. The following case is Continued. CASE NUMBER: 2nd AmUSR-842 APPLICANT: Jarrald A. &Jaye L. Jamison PLANNER: Sheri Lockman LEGAL DESCRIPTION: S2 SE4 and Lot A& Lot B of RE-1367; also described as the S2 N2 SE4 of Section 32, T3N, R65W of the 6th P.M., Weld County, Colorado. REQUEST: Site Specific Development Plan and Special Use Permit for a Commercial Junkyard and Salvage Yard (tire landfill, storage and recycling facility) in the 1-3 (Industrial)Zone District . LOCATION: West of and adjacent to WCR 41 and North of and adjacent to WCR 26 section line. Sheri Lockman,Department of Planning Services,read a letter requesting a continuance to August 19,2003. The applicant needs additional time to notify mineral owners. The applicant would also like to amend the request to include a mobile home. It will need to be re-notified in the papers. CASE NUMBER: PZ-1011 APPLICANT: Doug Tiefel/River Runs Through It, LLC-Pelican Shores PLANNER: Sheri Lockman LEGAL DESCRIPTION: Part of the E2 of Section 36, T3N, R68W of the 6th P.M., Weld County, Colorado. REQUEST: Change of Zone from A (Agricultural) to PUD for 40 lots with R-1 (Low Density Residential) Zone Uses along with 193 acres of open space Consisting of a river corridor and two private recreational lakes. LOCATION: /North of and adjacent to WCR 26 and west of and adjacent to WCR 13. Sheri Lockman, Department of Planning Services presented Case PZ-1011, reading the recommendation and comments into the record. The Department of Planning Services is recommending approval of the application along with the Conditions of Approval and Development Standards. John Folsom asked about the recreation activity that is going on now. Ms.Lockman stated that is an allowed private use. ov�oe� t ' Page -1- `7— a3- 3c' Hello