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Home My WebLink About20193319.tiffLAND USE APPLICATION SUMMARY SHEET Planner: C. Gathman Hearing Date: July 16, 2019 Case Number: USR19-0032 Applicant: Front Range Landfill, Inc. Representative: Jason Edwards — Weaver Consultants Group, LLC Request: A SITE SPECIFIC DEVELOPMENT PLAN AND SITE SPECIFIC DEVELOPMENT PLAN FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (OFFICE AND MAINTENANCE BUILDING ALONG WITH FUEL STORAGE AND FUEL STATION FOR COMPANY VEHICLES, TRUCK PARKING AND STORAGE (INCLUDING DUMPSTER AND ROLL -OFF CONTAINER STORAGE), A CONTAINER SHOP AND A TRUCK WASH) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT. Legal Lot A of Recorded Exemption RECX18-0160; located in the E2SE4 of Section 28, Description: Ti N, R68W of the 61h PM, Weld County, Colorado Location: West of and adjacent to County Road 7 and 0.5 miles south of County Road 6. Size of Parcel: +1- 10.83 acres Parcel No. 1467-28-0-00-008 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 referral responses with comments from the following agencies: Weld County Department of Public Health and Environment, referral dated May 17, 2019 Weld County Department of Public Works, referral dated May 22, 2019 Farmers Reservoir & Irrigation Company, referral dated May 21, 2019 Colorado Parks and Wildlife, referral dated May 21, 2019 Mountain View Fire Rescue, referral dated May 8, 2019 Colorado Division of Water Resources, referral dated May 6, 2019 Town of Erie, referral dated July 3, 2019 The Department of Planning Services' staff has received referral responses without comments from the following agencies: V V V V'7 Weld County Zoning Compliance, referral dated April 25, 2019 City of Northglenn, referral dated April 30, 2019 City of Dacono, referral dated April 30, 2019 Colorado Department of Transportation, electronic mail referral dated May 30, 2019 RE -4 School District, electronic mail referral dated April 24, 2019 USR19-0032 — Waste Connections of Colorado, Inc. Page 1 The Department of Planning Services' staff has not received responses from the following agencies: V V V \;% Weld County Department of Building Inspection Office of Emergency Management Adams County City and County of Broomfield Community Ditch Boulder Valley Soil Conservation District USR19-0032 — Waste Connections of Colorado, Inc. Page 2 Planner: Case Number: Applicant: Representative: Request: Legal Description: Location: Size of Parcel: Case Summary: SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW C. Gathman U SR 19-0032 Front Range Landfill, Inc. Jason Edwards — Weaver Consultants Group, LLC Hearing Date: A SITE SPECIFIC DEVELOPMENT PLAN AND SITE SPECIFIC DEVELOPMENT PLAN FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (OFFICE AND MAINTENANCE BUILDING ALONG WITH FUEL STORAGE AND FUEL STATION FOR COMPANY VEHICLES, TRUCK PARKING AND STORAGE (INCLUDING DUMPSTER AND ROLL -OFF CONTAINER STORAGE), A CONTAINER SHOP AND A TRUCK WASH) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT. Lot A of Recorded Exemption RECX18-0160; located in the E2SE4 of Section 28, Ti N, R68W of the 61h PM, Weld County, Colorado West of and adjacent to County Road 7 and 0.5 miles south of County Road 6. +1- acres Parcel No.1467-28-0-00-008 The applicant is proposing a hauling facility for a nearby landfill. The proposed facility is adjacent to an existing landfill (Erie Landfill) to the west. A 16,600 square foot office and maintenance building (including 3,300 sq. feet of office, 2,000 sq. feet of meeting rooms, 9,600 sq. feet of maintenance shop area and 800 sq. feet of fuel storage) is proposed on the eastern side of the property. A 1,830 sq. foot truck wash and 2,510 sq. foot container shop is proposed for the northwestern portion of the site. Up to 15 personnel will be onsite (office staff and mechanics) along with 50 drivers. The application indicates 15 office staff and mechanics and up to 50 drivers will utilize the site. Hours of operation will be from 5 AM to 5 PM with night -shift mechanical work from 3 PM to 3 AM. Use of the facility will be seven (7) days a week with operation at full capacity on weekdays. The application indicates that the haul route for the facility will be north on County Road 7 and east to west on County Road 6. The applicant is proposing to utilize a commercial well. The well is permitted for up to 133 acre-feet. The well is located on an adjacent property and a shared well agreement will be required. 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: USR19-0032 — Waste Connections of Colorado, Inc. Page 3 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 22-2-20.G.2 (A Policy 7.2) states: "Conversion of agricultural land to nonurban residential, commercial and industrial uses should be accommodated when the subject site is an area that can support such development, and should attempt to be compatible with the region." The majority of the site is delineated as "Irrigated land Not Prime". The property is not in agricultural production. Conditions of Approval and Development Standards (including maximum noise standards and a Lighting Plan) are attached to address impacts associated with the proposed use. Section 22-2-20.1 (A.Goal 9) states "Reduce potential conflicts between varying land uses in the conversion of traditional agricultural lands to other land uses." The proposed use is in an area that can support this development and the existing screening, the Development Standards, and the Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-10 — intent states "The A(Agricultural) Zone District is also intended to provide areas for the conduct of Use by Special Review which have been determined to be more intense or to have potentially greater impact than Uses Allowed by Right." The facility location is based on proximity to the existing landfill (Erie Landfill). The proposed facility will serve as a support hauling facility for the landfill. The attached Conditions of Approval and Development Standards (including a Landscape and Screening Plan, Lighting Plan, Emergency Action C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The proposed facility borders the Erie Landfill (annexed to the Town of Erie) to the north and west. Additionally, a Town of Erie water storage facility is located to the west along with an oil and gas production facility (oil and gas production facility for up to eight oil and gas wells) to the southwest. Two residential properties are located immediately to the east (across County Road 7). One additional residential property is located to the north and six (6) additional residences are located further to the south along the east side of County Road 6. Two letters of concern/objection have been received. One letter expressed concern/objection with the amount of traffic and impacts (damage) on County Roads (principally County Road 6) and lack of compatibility with the area. Another letter of objection was received objecting to the stockpiling of dirt on the property (blocking views to the west). A complaint was sent to the Department of Planning Services (Code Compliance) in November 2018. Compliance staff and the Weld County Oil and Gas Liason investigated this complaint and the oil and gas operators on -site indicated it was not associated with their operations. Staff could find no evidence of that the site was being utilized as a landfill. Therefore, the violation was closed in November of 2018. Additionally, the proposed USR site will be located on a separate property/location (to the north) of where this is located. USR19-0032 — Waste Connections of Colorado, Inc. Page 4 The Conditions of Approval require that the applicant submit a Landscaping/Screening Plan and a lighting plan. The Development Standards and Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region. 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 site is located within the three (3) mile referral area of the Town of Erie, City of Dacono, City and County of Broomfield and City of Broomfield. The site is not located within an urban growth boundary and Cooperative Planning Agreement (IGA) boundary. The Town of Erie in their referral comments, dated July 3, 2019. The Town of Erie is requesting that the applicant share in 50% of the cost of the proposed traffic project at County Road 7 and Erie Parkway (County Road 8). The Town of Erie is also requesting that the applicant complete the paving of County Road 6 between County Road 5 and County Road 7. Finally, the Town of Erie will be working with the applicant to determine a crossing for a storm sewer line over the existing Town of Erie water transmission line on County Road 6. The site borders county -maintained right-of-way (County Road 7). County Road 7 immediately to the north of this property has been annexed to the Town of Erie. A condition of approval requiring the applicant to attempt to address the conditions of the Town of Erie has been attached to this recommendation. No referral comments have been received from Dacono, Northglenn, the City and County of Broomfield and Adams County. E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The property is not within the Geologic Hazard Overlay District, a Special Flood Hazard Area or the Airport Overlay District. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. Building Permits issued on the proposed lot will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. 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 proposed facility is located on approximately acres delineated as "Prime" and "Irrigated Land Not Prime" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The majority of the site is delineated as "Irrigated land Not Prime". The property is not in agricultural production. G. Section 23-2-220.A.7 —There is adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. 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 can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. USR19-0032 — Waste Connections of Colorado, Inc. Page 5 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 recording the plat: A. An Improvements and Road Maintenance Agreement is required for off -site improvements at this location. Off -site improvements include a right-hand deceleration lane for southbound traffic entering the access. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. The Agreement shall include provisions addressing engineering requirements, submission of collateral, and testing and approval of completed improvements. (Department of Public Works) B. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. (Department of Public Works) C. The applicant shall submit a Lighting Plan for review and approval by the Department of Planning Services. (Department of Planning Services) D. The applicant shall submit a Screening/Landscape Plan that screens the site from the Surrounding Property Owners and the right-of-way. The plan shall include landscape irrigation and maintenance. (Department of Planning Services) E. The applicant shall attempt to address the comments of the Town of Erie as stated in their referral dated July 3, 2019. Written evidence of such shall be provided to the Department of Planning Services. (Department of Public Works) F. The applicant shall submit a shared well agreement for review and approval by the Department of Planning Services. (Department of Planning Services) G. The plat shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR19-0032 (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4. The applicant shall delineate on the map the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. (Department of Planning Services) 5. The map shall delineate the landscaping and/or screening. (Department of Planning Services) 6. The map shall delineate the lighting which shall adhere to the Weld County Code. (Department of Planning Services) 7. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 8. The map shall delineate the parking area for the vendors, customers and/or employees. (Department of Planning Services) USR19-0032 — Waste Connections of Colorado, Inc. Page 6 9. County Road 7 is a paved road and is designated on the Weld County Functional Classification Map as an arterial road which requires 140 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 10. Show and label the approved access locations, approved access width and the appropriate turning radii (60') on the site plan. The applicant must obtain an access permit in the approved location(s) prior to construction. (Department of Public Works) 11. Show and label the approved tracking control on the site plan. (Department of Public Works) 12. Show and label the entrance gate if applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled surface be less than 35 feet. (Department of Public Works) 13. Show and label the accepted drainage features. Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume. (Department of Public Works) 14. Show and label the drainage flow arrows. (Department of Public Works) 15. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Public Works) 16. The shared well agreement shall be referenced on the USR map. (Department of Planning Services) 17. Show and label all recorded easements on the map by book and page number or reception number and date on the site plan. (Department of Planning Services) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the plat 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 the Department of Planning Services. 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 one hundred twenty (120) 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) 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3) month period. (Department of Planning Services) 4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us. (Department of Planning Services) USR19-0032 — Waste Connections of Colorado, Inc. Page 7 5. Prior to Construction: A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required. (Department of Public Works) B. The approved access and tracking control shall be constructed prior to on -site construction. (Department of Public Works) 6. Prior to Operation: A. Accepted construction drawings and construction of the off -site roadway improvements are required prior to operation. Off -site improvements include a right-hand deceleration lane for southbound traffic entering the access. (Department of Public Works) B. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility operator, the Fire District and the Weld County Office of Emergency Management. Submit evidence of acceptance to the Department of Planning Services. (Department of Planning Services) 7. Prior to the issuance of the Certificate of Occupancy: A. An On -Site Wastewater Treatment System (OWTS) is required for the proposed facility and shall be installed according to the Weld County On -Site Wastewater Treatment System Regulations. The OWTS is required to be designed by a Colorado Registered Professional Engineer according to the Weld County On -Site Wastewater Treatment System Regulations. (Department of Public Health and Environment) 8. The Use by Special Review is not perfected until the Conditions of Approval are completed and the map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. (Department of Planning Services) USR19-0032 — Waste Connections of Colorado, Inc. Page 8 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Waste Connections of Colorado, Inc. USR19-0032 1. A Site Specific Development Plan and Use by Special Review Permit, USR19-0032, for any Use Permitted as a Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone Districts (Office and Maintenance Building along with Fuel Storage and Fuel Station for Company Vehicles, Truck Parking and Storage (including Dumpster and Roll -Off Container storage), a Container Shop and a Truck Wash) provided that the property is not a Lot in an approved or Recorded Subdivision Plat or part of a Map or Plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, 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. The hours of operation are 5:00 a.m. - 5:00 p.m. Monday — Sunday. Night shift mechanical work will be from 3:00 PM to 3:00 AM Monday -Sunday. (Department of Planning Services) 4. The number of employees associated with the USR will be a maximum of 65 (15 office staff and maintenance employees and 50 drivers) as stated in the application materials. (Department of Planning Services) 5. The parking area on the site shall be maintained. (Department of Planning Services) 6. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 7. The existing and proposed landscaping and screening on the site shall be maintained. (Department of Planning Services) 8. The Property Owner shall maintain compliance with the lighting plan. (Department of Planning Services) 9. The property owner or operator shall provide written evidence of an approved Emergency Action and Safety Plan on or before March 15th of any given year signed by representatives for the Fire District and the Weld County Office of Emergency Management to the Department of Planning Services. (Department of Planning Services) 10. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 30- 20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 11. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment) 12. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and Environment) 13. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment) USR19-0032 — Waste Connections of Colorado, Inc. Page 9 14. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application and obtain a permit from the Air Pollution Control Division, Colorado Department of Public Health and Environment, as applicable. (Department of Public Health and Environment) 15. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment) 16. Adequate drinking, hand washing and toilet facilities shall be provided for employees, at all times. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to On -site Wastewater Treatment Systems. (Department of Public Health and Environment) 17. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 18. For employees or contractors on site for less than 2 consecutive hours a day and 2 or less employees, portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers and shall contain hand sanitizers. Portable toilets shall be screened from existing adjacent residential properties and the public right-of-way. (Department of Public Health and Environment) 19. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled off for proper disposal. Records of installation, maintenance, and proper disposal shall be retained. (Department of Public Health and Environment) 20. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health and Environment) 21. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado Department of Public Health and Environment (CDPHE), Water Quality Control Division, as applicable. (Department of Public Health and Environment) 22. All potentially hazardous chemicals must be handled in a safe manner in accordance with product labeling and in a manner, that minimizes the release of hazardous air pollutants (HAPs) and volatile organic compounds (VOCs). All chemicals must be stored securely, on an impervious surface, and in accordance with manufacturers' recommendations. (Department of Public Health and Environment) 23. Secondary containment shall be constructed around tanks to provide containment for the largest single tank and sufficient freeboard to contain precipitation. Secondary containment shall be sufficiently impervious to contain any spilled or released material. Secondary containment devices shall be inspected at regular intervals and maintained in good condition. All secondary containment will comply with the provisions of the State Underground and Above Ground Storage Tank Regulations. (Department of Public Health and Environment) 24. As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable provisions of 40 CFR, Part 112, shall be available. (Department of Public Health and Environment) 25. Any contaminated soils on the facility shall be removed, treated or disposed of in accordance with all applicable rules and regulations. All spills will be reported to local, state and federal agencies in accordance with all state and federal regulations. (Department of Public Health and Environment) 26. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 27. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Department of Public Works) USR19-0032 — Waste Connections of Colorado, Inc. Page 10 28. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. (Department of Public Works) 29. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 30. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Department of Public Works) 31. The Property Owner shall comply with all requirements provided in the executed Improvements Agreement. (Department of Public Works) 32. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates. (Department of Public Works) 33. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 34. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 35. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties. Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in accordance with the map. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. (Department of Planning Services) 36. Building permits may be required, for any new construction or set up manufactured structure, per Section 29-3-10 of the Weld County Code. A building permit application must be completed and submitted. Buildings and structures 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: 2018 International Building Codes; 2018 International Residential Code; 2006 International Energy Code; 2017 National Electrical Code; and Chapter 29 of the Weld County Code. A plan review shall be approved, and a permit must be issued prior to the start of construction. 37. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. (Department of Planning Services) 38. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment 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 Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) 39. The Use by Special Review is not perfected until the Conditions of Approval are completed and the map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. (Department of Planning Services) 40. The Use by 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. (Department of Planning Services) USR19-0032 — Waste Connections of Colorado, Inc. Page 11 41. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 42. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. USR19-0032 — Waste Connections of Colorado, Inc. Page 12 June 04, 2019 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: cgathman@weldgov.com PHONE: (970) 400-3537 FAX: (970) 304-6498 EDWARDS JASON 6420 SOUTHWEST BLVD STE 206 FT WORTH, TX 76109 Subject: USR19-0032 - A Site Specific Development Plan and Site Specific Development Plan for a Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone Districts (office and maintenance building along with fuel storage, truck parking and storage, a container shop and a truck wash) in the A (Agricultural) Zone District. On parcel(s) of land described as: PART SE4 SECTION 28, Ti N, R68W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on July 16, 2019, at 12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on July 31, 2019 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. 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 needs to provide the Weld County Planning Department with written certification indicating the above requirement has 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 and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at www.weldcountyplanninqcases.orq If you have any questions concerning this matter, please call. Respectfully, Chris Gathman Planner DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: cgathman@weldgov.com PHONE: (970) 400-3537 FAX: (970) 304-6498 April 23, 2019 EDWARDS JASON WEAVER CONSULTANTS GROUP LLC 6420 SOUTHWEST BLVD, STE 206 FT WORTH TX 76109 Subject: USR19-0032 - A Site Specific Development Plan and Site Specific Development Plan for a Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone Districts (office and maintenance building along with fuel storage, truck parking and storage, a container shop and a truck wash) in the A (Agricultural) Zone District. On parcel(s) of land described as: SE4 SECTION 28, T1 N, R68W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the following Planning Departments for their review and comments: Erie at Phone Number 303-926-2700 Northglenn at Phone Number 303-450-8709 Dacono at Phone Number 303-833-2317 It is recommended that you contact the listed Planning Departments for information regarding their process and to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please call. Respectfully, j Chris Gathman Planner 1 From: Chris Gathman To: " iedwards a©wcgrp.com" Subject: FW: Completeness Review Comments for Waste Connections USR (PRE18-0142) Date: Wednesday, January 23, 2019 9:47:16 AM Attachments: 2217 001.pdf Dear Jason, Staff has reviewed this application. The following items are needed: 1. Please sign the attached updated Surrounding Property Owner List. The following item can be provided at a later date but we will need prior to the Planning Commission Hearing. 2. The cover sheet for the Certificate of Conveyances is past 30 -days of application submittal. Please update the Certificate of Conveyances Cover Sheet. The following item is a concern: The Left -Hand Water District letter indicates that the property is outside of the Boundaries of the Northern Water Conservancy District. Has the applicant petitioned to be included in the boundaries of the Northern Water Conservancy District? It sounds like some (potentially substantial) improvements will be required to serve the project. Have you had discussions with the water district re: the extent of improvements that have been required? • Right now (as you are outside of the boundary of the NCWD) it appears that there is not evidence of an adequate water supply. I would recommend providing additional documentation in the application re: your timeframe/status about petitioning in to the water district. As it stands right now — staff would not be able to recommend approval of this application due to not having evidence of adequate water. Regards, Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue tel: 970-400-3537 fax.• 970-400-4098 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Chris Gathman <cgathman@weldgov.com> Sent: Wednesday, January 23, 2019 9:19 AM To: Chris Gathman <cgathman@weldgov.com> Subject: Attached Image FIELD CHECK inspection dates: 7/6/2019 APPLICANT: Front Range Landfill, Inc. CASE #: USR19-0032 REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SITE SPECIFIC DEVELOPMENT PLAN FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (OFFICE AND MAINTENANCE BUILDING ALONG WITH FUEL STORAGE AND FUEL STATION FOR COMPANY VEHICLES, TRUCK PARKING AND STORAGE (INCLUDING DUMPSTER AND ROLL -OFF CONTAINER STORAGE), A CONTAINER SHOP AND A TRUCK WASH) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL: Lot A of Recorded Exemption RECX18-0160; located in the E2SE4 of Section 28, T1 N, R68W of the 6'" PM, Weld County, Colorado LOCATION: West of and adjacent to County Road 7 and 0.5 miles south of County Road 6. PARCEL ID #s: 1467-28-0-00-008 ACRES: +1- 10.83 acres Zoning Land Use N A N Erie Landfill E A E SFresidences/Rangeland S A S SF residence to south of site W A W Erie Landfill COMMENTS: Existing oil and gas facility on site. Proposed USR is proposed on Lot A of RECX to be located in the NE corner of the property. /c v3WLtrry�r Chris Gathman - Planner III Hello