The URL can be used to link to this page

Browse Search

Home My WebLink About20193328.tiffINVENTORY OF ITEMS FOR CONSIDERATION Applicant Front Range Landfill, Inc. Case Number USR19-0032 Submitted or Prepared Prior to Hearing At Hearing 1 SPO Bates, Letter in Opposition X 2 SPO Kosorok, Letter in Opposition X 3 SPO Robillard, Letter of Consideration X 4 SPO P. Cline, Letter in Opposition X 5 SPO Peck, Email in Opposition X 6 SPO Trembath, Email in Opposition X 7 SPO S. Struble, Email with attachment in Opposition X 8 SPO Raimo, Letter in Opposition X 9 SPO RENA, Letter in Opposition a X 10 SPO Fredrich, Email in Opposition X 11 SPO R. Traupe, Email in Opposition a X 12 SPO Lynch, Letter in Opposition e X 13 SPO K. Lovewell, Email in Opposition X 14 David Bower, Johnson & Repucci Attorney At Law, Letter in Opposition X 15 SPO Goldermann, Letter in Opposition X 16 Applicant's power point presentation X I hereby certify that the items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. Chris Gathman, Planner 2Mal e).or9 Ainslie and Autine Bates 1174 County Road 7 Erie Co 80516 Chris Gathman Weld County PlanningServices 1555 N 17th Ave Greeley CO 80631 County Planner 6athman: In re: Case it USR 19-0032, Front Range Landfill, Inc. We are absolutely opposed to any further development on this property] In fact, we are absolutely opposed to the development that has already taken place! The property at issue is zoned agricultural! We wrote a letter of protest to your office In October of last year, stating that we believe the landfill was built illegally in the first place since we never received notification that a mountain of trash and dirt would be built on agricultura)lyazoned land directly across from our house, isolating us, blocking all views to the west, forever altering the tenor of our lives, and causing our property values to absolutely plummet! Had we been properly and truthfully informed, we would have protested to the heavens! We never received a response to our request that the landfill property be remediated back to its original agricultural condition and appearance. Now you want us to approve even further insult to our lives? N o l This is an illegal operation because it was built without following proper procedure! Weld County should be insisting on remediation of the property and compensation to the homeowners who have been damaged by this eyesore, not seeking further business development ! Sincerely thc9.0 July 10, 2019 Re: USR19-0032 My name is Ed Kosorok. My wife Sheryl and I live at 3923 WCR 6 Erie Co 80516. We are opposed to USR19-0032. First, this development is not compatible with our RD6 and RD7 neighborhood, which has existed for over 40 years. We are rural residences. We live a quiet lifestyle including raising livestock, riding horses, gardening, basically mini farms. A development like this would add noise, commotion and be basically an eyesore. Our neighborhood has already taken it on the chin over and over again, with the HUB put in by Encana, new oil and gas well construction, encroaching housing developments in Broomfield, and increased commuter and truck traffic. Traffic and the proposed use of RD6 is probably the biggest issue. Currently landfill traffic is not supposed to use CR's 6 and 7. Most of our area is posted at 35 mph. We have no shoulders or sidewalks, and many areas have steep drop offs on the side. We still want to be safe when riding horses, bikes, or walking the dog. Even crossing to get the mail is now can endanger our safety. When the HUB was approved, it did not allow tanker trucks to use CR6, but instead to use CR7 to the Erie Parkway to enter and leave the site. This was because CR6 was not constructed to handle the weight and volume, and CR7 was. You can already see damage done to CR6 from the Oil and Gas traffic using it to go to the Fracking site South of the Landfill. Any time it rains there is now pooling in the tire track parts of the lanes, and some of the shoulders are sagging. With all of this new traffic we see very little respect of neighborhood, and following safe speeds. We rarely see any law enforcement on either road, so nothing gets enforced. Also, in the application information it states that Left Hand Water will be providing drinking water, i spoke to a representative who said that so far there is no tap application applied for. Currently our area would have to be reviewed, and most likely new infrastructure would be needed before water could be provided. And most likely at the expense of any Commercial applicant. Please do not approve this application, Sincerely, Ed and Sheryl Kosorok EXHIBIT tALK-161 -- 603 (9- From: Chris Robillard cc.robilla_rd@yahoo.com> Sent: Thursday, July 11, 2019 10:12 AM To: Chris Gathman < athman weldgov.com> Subject: USR19-0032 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender anti know the content is safe. Chris, . Cn rls, Referencing this Proposed Project, please consider the following: 1. Access should be through the existing CR 5 Front Range Landfill entrance. 2. Any visibility frorn CR 7 should be obsured through the extension of the large dirt storage berms. 3. Require the paving of the remainder of CR 6 between Roads 5 & 7. 4. Prohibit the use of primarily residential Roads 6 & 7 to trucks accessing the proposed facility. Access should be Sheridan Parkway and Erie Parkway as is currently used by landfill traffic. Thank you for your consideration of the suggestions. Chris Robillard 1013 CR 7 720-288-2894 EXHIBIT L --2 USR 19-0032 Front Range Landfill Garbage Truck Repair WCR7 Peggy nine 181S Carol Dr, Erie, CO 80516 Dear Weld County Planning: t am opposed to USR 19-0032 Front Range Landfill Garbage Truck Repair application, is there something about the term 'Rural Residential" that suggests any vacant land needs to be developed? i drove close to the proposed site yesterday, and was really disheartened. I've walked that irrigation ditch path it's such a beautiful, peaceful piece of land with animal activity. This proposal, if it is granted, will ensure that it will never exist again.. With so much development going on around us, I feel like Chief Joseph of the Net Perce tribe whoquoted before going onto the reservation, af'y heart is sick and sad. From where the sun now stands, i will fight no more forever? However, my neighbors and I will continue to protest and fight to keep some of the peace we have retained by our constant vigilance and our battles. Though I protest this application, I must commend the Landfill and Baseline Engineering for their meticulous study of water How, drainage and coefficients of absorption, Some questions, comments and oversights i noticed: 1. Doesn't the 'Blue Jungle" on County Line Road exist for the same reason as this proposal? 2. The best laid plans can often fall apart with heavier rains than expected. There seems to be overconfidence in these containments for waste water. 3. The truck wash area seems too close to the FRICO ditch. 4. The water issue with pumping water from the well at the Landfill U.S that it's not nearly enough in case of fire. Even with the proposed storage tank, it doesn't qualify for the 2,500 gal/min without fire sprinklers, nor the 1,500 with sprinklers. Left Hand Waters requirement is that a property has to be included within a boundary of Northern Water Conservancy, which this property is not. Even if it were,' service availability is limited to one single family equivalency without Waste Connections doing significant off site mainline and pumping capacity improvements/. r . At front Range's well at 7.5 gal/min, there's a huge deficiency. What determines the allowable release of the detention ponds? Can it be certain that since its in the upper limits of a major drainage basin that it will flow north? Written approval from the affected irrigation company (Farmers' Reservoir and Irrigation Cot) or other property owners wasn't received. "The flows will not affect the adjacent property owners° was the landfill's reasoning With the truck wash water captured in a vault and pumped for disposal when needed.... when is it needed? Since an on -site wastewater treatment system is recommended, how /where will that be accommodated? ExHaT 4 i When will groundwater information be available? Are 2 detention ponds enough? When will there be a lighting plan to shield rays from adjacent properties? What will be the material of the secondary containment? A disturbing comment was that it will serve as a support hauling facility for the landfill: Isn't it just for maintenance and repair? The garbage truck traffic needs to be limited. They need to continue to follow the designated garbage truck route as per agreement not shift it from 5 to 7. Where is Erie's water transmission line on WCR 6? ! had some comic relief from Erie*s play to have the landfill share the cost of the signal project on WCR 7 and Erie Parkway. They have demanded that from at least 3 entitles that we know of. At least they are marking it down 5O%l I was disappointed in the response from the Colorado Parks and Wildlife. I realize this is a small cite, but they recommend, not require that the company looks for burrowing owls without giving them direction how or where to do this. They recommend relocating or humanely killing the prairie dogs without giving them information. They merely recommend that space is set aside for habitat and migration corridors. they don't require. I ask you to reject this proposal for the safety and comfort of the neighborhoods which are adjacent a n d affected. Thank you. Sincerely, From: Ashley Peck <ashleyn723@griail.cornn Sent: Friday, July 12, 2019 10:02 PM To: Chris Gathman <cgathrnan@weldgov.com> Subject: USR19-OO32 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. ■! .. I i I - Y ■ ■r■-ti� r� nnn n ■ will k 1 1 f below well. have attached a letter in regards to USR19-0032. i include the information below as well. July 12; 2019 Re: U R 19-0032 Ashley & William Peck 1928 Mountain View Drive Erie; CO 80516 I am writing to share our opposition to USR19-0032. My husband and I moved into this neighborhood back in October, 2019. Most of our neighbors have lived here for over 40 years. They have raised children and grandchildren in this neighborhood. We have a one year old son and moved out of a highly developed area because we wanted to raise our child in a neighborhood that is quiet, with plenty of land to explore, raise livestock, and create our own little farms. The development that is being proposed would greatly impact the lifestyle that these neighborhoods have fought so hard to preserve. This neighborhood already has to deal with increased traffic (speeding semi -trucks that blast down Rd 6) from the HUB installed by Encana_ Landfill trucks are not permitted to use Rd 6, but they come barreling down our road, hitting wildlife and causing unwanted noise, We do not have sidewalks, and it is no longer safe to walk down Rd 6. We have neighbors who walk their dogs and ride their horses down Rd 6 and are disrupted daily by Oil and Gas traffic who do not respect the 35 mph speed limit. This traffic is rarely monitored or dealt with by law enforcement. The proposed development will add more traffic to a neighborhood that is already being beaten down by unwanted Landfill and Oil and Gas traffic. Another note, the application states that Left Hand Water will be providing drinking water to this development. A neighbor spoke to a representative at Left Hand Water who confirmed that no tap application as been applied for. Our neighborhood is not prepared to take on the infrastructure required for this application, Please do not approve USR19-0032 R 19-0032 Ashley & William Peck EXHIBIT Let 0 :3 S Frown: Dee Trernbath 'cdjgramm e08 hotmail.com> Sent: Saturday, July 13, 2019 11:35 AM To: Chris Gathman <cgathman(aweldriov.com> Subject: USR 19-0032 Front Range Landfill Truck Repair Facility Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe, a from Mail for Windows 10 USR 19-0032 July 13, 2019 Jimmy and Dee Trembath 3376 Longview Road Erie, CO 80516 Dear Weld County Planning: My name is Dee Trembath and my husband and I live at the above address. I would like to start by saying that we are opposed to USR 194)032. As a resident of the RENA area for 32 years we continue to be good neighbors making concessions daily to the growth and changes around us. Here are some of our concerns: 1. Water contamination —We use the water from the ditch in the proposed area for our garden and pasture for livestock. The concern is will the Retention Ponds be sufficient in keeping our water safe? , Fire Protection With the possibility of a chemical fire and amount of water storage available it could be a disaster. 3. Roads/Traffic •- Currently trucks going to and from the landfill are not suppose to use Weld County Road 7 or Weld County Road 6. They continue to use these two roads on a daily basis. Add in the trucks already approved usage by Crestone Drilling and the increased traffic on small county roads which were not constructed to handle the weight and volume they are currently receiving, the road damage continues to grow. 4. Noise — The sounds of speeding trucks on our road day and night and the lack of respect for speed limits requiring them to use JAKE BRAKES adds disruption to what was a quiet country neighborhood. We are fortunate that USR 19-0032 is in the hands of the Weld Planning Board instead of the Town of Erie. The Town of Erie has told us (RENA) on multiple occasions that our concerns don't matter...they have said we don't see you .. , you can't vote so you don't count. Weld County has proven to us that they are willing to listen and we appreciate the time that you give us to voice those concerns. Please do not approve this application. Sincerely, Jimmy and Dee Trembath EXHIBIT From: srstrvb@aoI.com csrstrub@aol.com> Sent: Saturday, July 13, 2019 5:00 PM To: Chris Gathman ccgathr an@weldgov.com> Cc: renacomm u n ity @gmail.com; dfbower@i-riaw.com Subject: USR19-0032 e Opposed! Caution: Thisemail originated from outside of Weld County Government Do not click links or open attachments unless you recognize the sender and know the content is safe. Weld County Planner Chris Gathman, As described in the voice message I left you last Wednesday, there are several reasons the Landfill's request to install a garbage truck repair and storage facility on Weld County Road 7 (WCR 7) should be rejected. > WCR 7 has a load limit. Do you assume the trucks weigh less than that limit? > WCR 7 is already over its capacity to carry the additional traffic caused by the many new housing developments in Erie and Broomfield. > Weld County's own, recently revised County Code disallows such a facility in an Agricultural Zone. > Not least, by approving this USR request, Weld County would be interfering with the 1991 Agreement between the Landfill and Ranch Eggs Neighborhood Association, which was adopted into county records. In that agreement, which is attached, the Landfill commits to preventing trash trucks from using WCR 7. I believe this is a legal breech. While I will be unable to attend the Planning Commission in person, l most ardently urge each and every member to consider the negative ramifications that approval of this USR would have on their fellow Weld citizens. Further, I would remind them of Weld County Planning and Zoning's own Mission Statement To protect and enhance the quality of life for County residents through the implementation of the adopted Comprehensive Plan, Weld County Code, and Building Codes while providing professional, friendly and quality customer service to the community. Approval of U RI9-0032 is in direct conflict with Planning's own stated mission. Sincerely, a Sherri Struble Ranch Eggs Estates (Attachment: RENA a Landfill Agreement) J ay i NEIGHBORHOOD AGREEMENT RANfl EGGS NEIGEBORROOD ASSOCIATION, I'm, tA TEIS AGREEMENT' is made and entered into this day of _ , _, 19918 by and between Mid -American Wastes -Systems, Inc., an oh o corporation, with principal offices flat; 1006 Walnut Street", Canal Winchester, Ohio 43110, hereinafter, referred to as "Mid -American" and, Ranch Eggs Neighborhood Association, Inc., a Colorado not -for-profit corporation, with principal off ices at 3110 Johnson Lane, Erie, Colorado 80516, hereinafter referred to as ""Association". W I TW E S S E TH TEAT 4� ti y� !NW. r. WHEREAS, Mid -American desires to site, develop, and operate a solid waste disposal site in Section 25, Township 1 North, Range 68 West of the 6th PM. in the County of Weld, State of Colorado; and, WHEREAS, Association represents, generally, the interests of certain presperty owners located in, and adjacent to„. "Ranch Eggs Estates" or "Ranch Eggs Subdivision", a subdivision, 'parts of which are s located in Sections 27, 28, 33$ and 34 in Township l North, Range 68 West of the 6th P.M., in Weld County, Colorado; and, WNEREABI id -American has agreed to limit and restrict its operation in the manner hereinafter set forth and provide ongoing -assurances and assistance to the Association and adjacent property owners; and, EREAS, the parties desire to reduce to writing their agreements. NOW, THERETORE, for and in consideration of the foregoing and other good and, valuable consideration, the receipt of which is hereby acknowledged, the parties do hereby agree as follows: V 1% TERM_OLAGREIMIn, This agreement shall become effective upon the opening of the proposed solid waste disposal site and shall continue in full force and effect until the closure thereof. Mid -American shall give written notice to Association of such opening date immediately following the opening of the solid waste disposal site. 2. Zang E' Egg k8$Q TZO s Mid -American agrees to pay, on behalf of the Association, or reimburse Association, , for reasonable attorney's fees and related costs incurred for the purpose of negotiating and reviewing this agree ent. The attorney so retained shall work solely for the Association and shall not be required to communicate or report to Mid -American for arty purpose whatsoever. 3. E . Mid -American agrees to advise all persons and vehicles utilizing the solid waste disposal site that traffic coming to, and departing from, the solid waste disposal t 07/11/91 10:46 V303 356 1111 THE LAW BUILDING , -,r MID -AMERICAN 012/013 s site is to utilize Weld county Road 5. Mid -American shall post Weld County Road 70 at its expense, in any manner permitted by Weld County or the Colorado Highway Department, as appropriate, to prohibit or discourage truck traffic on Weld County Road 7 and direct trucks bound for the solid waste disposal site to use weld County Road $ * In addition, if Mid -American determines that a truck driver or operator is utilizing Weld County Road 7, either to or from the solid waste disposal site, Mid -American shall advise said driver or operator of this restriction, warn the driver or operator to stop using Weld County Road 7, and utilize instead Weld County Road 5, and shall reuse to accept delivery o f - waste from such driver or operator if they persist in utilizing Weld County Road 7 for travel to or from the solid waste disposal site. 4, X sP$ . Association may hire an independent ''Refuse Inspector'' to inspect all waste products delivered to, and accepted by, the solid waste disposal site. The Refuse Inspector shall be employed by, and shall report to, the Association. istidwArierican shall reimburse Association for salary, wages, FICA taxes, unemplornensti taxes, workmen's compensation insurance, and such other fringe benefits as Midi -American may provide its hourly employees, in an amount not to exceed Thirty Thousand and No/ 100 Dollars ($30,000.00) per year. The Refuse Inspector shall be responsible for inspecting each incoming load of solid waste for disposal to ascertain whether or not the load contains any waste which is not permitted for disposal at the waste disposal site by virtue of the Certificate of Designation, the Use by Special Review peit, or this agreement. 5. X TIM!, Mid -American agrees to operate the solid waste disposal site in accordance with the following restrictive conditions in addition to those which may be included in its certificate of Designation issued by the Colorado Department of Health and the Use by Special Review permit issued by Weld County: a. o*e __t on. The solid waste disposal site will accept disposable waste during the period commencing at 6:00 a.m. and terminating at 8:00 p.m., Monday through Saturday. Mid - American may process solid waste products delivered to the solid waste disposal site between the hours of 6:00 a.m. and 10:00 p.m., Monday through. Saturday. b. Qutiof 8tots 'frasb. Mid -American shall not accept for disposal at the solid waste disposal site any out -of rstaite trash or solid waste and agrees that this limitation may be incorporated in any Certificate of Designation issued by the Colorado Department of Health and any Special Review permit granted by Weld County. a. , ohibit.d Waste. Mid --American shall not accept for disposal at the solid waste disposal site any infectious, autoclaved, hazardous, or liquid waste products 2 07/11,91 10:46 2Y303 356 1111 THE L.{w BUILDING *44 MID -AMERICAN Z013/015 a. BightimagAtMAIMIAlkuvl. MideAmerican shall, at its expense, collect and remove any waste products inadvertently deposited on the right -of way of Weld county Road 5 from Colorado Highway 7 to the entrance of the solid waste dispose). site on a regular basis and shall document its efforts in that regard 6. TRASH ' 4 Mid' -American shall provide "free" disposal of residential solid waste at the solid waste disposal site tor residents of Ranch Eggs Estates or Ranch Eggs/Subdivision. Mid -American shall not, by virtue of this paragraph, be required to accept any agricultural or commercial waste. )tideAmerican may institute such procedures as iti may deem necessary and advisable to assure that residents of Ranch Eggs Estates or Ranch Eggs Subdivision are not utilizing this privilege to dispose of solid waste originating outside Ranch Eggs Estates or Ranch Eggs Subdivision. 7. • MidsAmerican shall enter into ;fugreements in the form attached hereto as Exhibit "A" with residents of Ranch Eggs Estates or Ranch Eggs Subdivision to guarantee the value and marketability of residential properties. B. 710mCE ,_OP . S 1 s Mid sr i can shall, subject to the approval of Weld County, Colorado, pave the following described streets and roads with hot asphalt nix to the specifications of Weld County in accordance with the following schedule, or in advance thereof at the election of id' erican: e • 175th Avenue for 2178 feet west from Weld County Road 7 within six (6) months of the opening of the solid waste disposal site; and, b. Weld County Road 4 for 2620 feet east from Weld county Road 7 within twelve (12) months of the opening of the solid waste disposal site; and, c. Johnson Lane for 2620 feet east from Weld County Road 7 within eighteen (18) months of the opening of the solid waste disposal site; and, d; Lowell Lane for 2290 feet east from Weld County Road 7 within twenty-four (24) months of the opening of the solid waste disposal site. The parties understand and agree that Weld County will accept the roads for maintenance one year following the installation thereof if the roads are constructed and installed to Weld County specifications. Nothing herein shall be construed to obligate midi* American to maintain any of such roads following the acceptance thereof for maintenance by Weld county; or one year following the installation thereof if the failure of Weld County to accept the roads for maintenance is through no fault of Mid -American or its 3 0-07/11/91 /91 10:47 traco 336 1111 THE LAW BUILDING .b. 44 MIDne . ICAN (6014/013 r contractors* 9. o . 1C WTZR .Mid -American shall reimburse the owners of the following described properties tor the cost of a water tap and the cost of connection to Left Hand Water Supply ompany for domestic water in an amount not to exceed Two Thousand Five Hundred Dollars ($2,500.00) for a period of five (5) years commencing with the opening of the solid waste disposal site subject only to availability, to -wit: Lots 1. through 8, Block One (1); tots 3. through 8 , Block Two (2); Lots 3. through 81 Block Three (3); Lots 1 through 4, Block Four (4) Ranch Egg, Inc., subdivision Second Filing First Replat dated May 21, 1986 all in the County of Weld and State of Colorado. 10. mug, Mid -American shall escrow, or shall cause to be ,escrowed, in a trust account with Arthur P. Roy, Attorney at Law, 1011. Eleventh Avenue, Greeley, Colorado t 80631 the sum of Two Hundred sikty Thousand and No/100 Dollars ($260,000•00), One Hundred Eighty Thousand and o/l00 Dollars ($180,000.00) of which is to secure its obligations under paragraph 8 of this Agreement and Eighty Thousand and No/100 Dollars ($80,000.00) of which is to secure its obligations under paragraph 9 of this Agreement for a period not to exceed five (5) years commencing with the opening of the solid waste disposal site in accordance with an escrow agreement, a true and correct copy of which is attached hereto and incorporated herein as Exhibit B. l l : A'�'�`cR EY'_a E8 , VET& . Any action brought to enforce or construe this agreement shall be in the District Court in and for the County of Weld and State of Colorado. Any action commenced by either party in any other court may be removed to said court upon motion of the other party regardless of any statute, rule or authority which may confer jurisdiction or venue on any other court. In any litigation brought to enforce or construe this agreement, the Court shall award reasonable attorney's fees, expenses and costs to the prevailing party; and, in the event multiple issues are presented and one party does not prevail on all issues then, in that event, the court shall, in its uncontrolled discretion, apportion attorney's fees, expenses, and costs between the issues and parties. 12. fl8f '. Association may not assign any rights nor delegate any duties or obligations under this Agreement without the express written consent of MidwAmerican. MideAmerican may assign its benefits and obligations under this Agreement only in the event that such assignment is concurrent with or, preceded 'by, a transfer of ownership of the solid waste disposal site 07/11/91 10:48 17303 356 1111 THE LAW BUILDING 444 MID-AXERICAN Zolsois • 13. CO Pt TIQ CE ?' fCAT DE4I2NATIONIMMLIUMAX EC EV This agreement may, at the discretion of the Weld County Commissioners, be incorporated in the Certificate of Designation and the Use by Special Review Pettit issued, or granted, by the Weld County Commissioners. 14. IMS.MMtl. This agreement sets forth the entire understanding of the parties with respect to the subject matter thereof and any negotiations between the parties are 'merged therein. 15. Magstjatonale This agreement shall be construed in accordance with the laws of the State of Colorado. 16. f E' XT. This agreement shall be binding upon, and shall inure to the -benefit of, the parties hereto and their successors and assigns. 37. aticl. Any notices required to be given pursuant to the terms of this agreement shall be deemed delivered when deposited in the United States Mail, postage prepaid, certified with return receipt requested, and addressed to the parties at the addresses set forth at the beginning of this agreement unless prior notice of change of address has been provided to party giving notice. DATED this I day of Secretary ATTEST: p a Lui\LIAC tekti,), el? ck. MICI-AMERI By Agent 1991. WASTE SYST S; INC. 4 RANCH EGGS NEIGHBORHOOD ASSOCIATION, INC. . Colorado corpo ration rothy amy, Ares than k- ,92/ &Jo .4% • el \ q4et 91 es/ders Ato Bill and Chris Raimo 914 Weld County Road 7 Erie, CO 80516 Department of Planning Services 1555 North 17th Avenue Greeley, CO 80631 July 12, 2019 RE: U R19-0032 To Weld County Planning Commission, Director of Planning, and County Planner, We are writing this letter to communicate our concerns about the proposed U R19-0032 under review which would allow an industrial outdoor vehicle storage and service facility to be built and operate in our rural residential, agricultural community. First, the approval of this USR application would violate the terms of the existing agreement between the landfill and RE A, our neighborhood association. This agreement has been in effect since 1991. Second, the approval of this USR application would be inconsistent with the recently approved changes to the Weld County Code. The revisions exclude these types of industrial facilities from being located in an Agricultural zone. We purchased our home in the Ranch Eggs neighborhood eighteen years ago. We were attracted to this community because it enabled us to have a small agricultural acreage where we could raise our family and enjoy a quality of life that we and our neighbors value. We have set down roots and built relationships. We have many neighbors that we depend on and consider our friends. Our home was originally built in 1967. We bought it from the second family that owned the property. They had lived here for over 30 years and we hoped to do the same. The house hadn't been improved since it was first constructed. Everything was "vintage" and "original", but we also had inspiring mountain views and outdoor space for our kids to play and we were surrounded by nature — wildlife, livestock and pets. Our fam i l y loved our place and our community and so took the bad with the good. We looked forward to the day when we could afford to remodel and update the house. After years of saving and planning we were finally able to begin our home remodel three years ago. This summer we are getting close to completing all the updates that we dreamed of when we moved here. We have invested our time, skills, energy, sweat equity and a considerable amount of money to improve our home and property. Our neighbors have been patient and have cheered us on along as they've watched the transformation. The approval of the proposed industrial outdoor vehicle storage facility would negatively affect our quality of life and the value of our property. EXHIBIT tA-“l'io We would be personally affected by all of the negative impacts that this industrial facility would have on our neighborhood — the increased hazards of large commercial vehicles traveling on Weld County Road 7 which is not adequate to handle additional heavy truck traffic, additional vehicles turning into and pulling out of the property access along Weld County Road 7, increased dust, 24 -hour commercial noise, lights at night, the loss of the view of open space and both the visual and functional incompatibility of an industrial facility adjacent to our rural neighborhood. We love our neighborhood and believe that its rural and agricultural nature is worth preserving. We believe that if this industrial facility is permitted here it will have not only immediate impacts but. long-term consequences for our entire community. The prominentlocation of this industrial outdoor vehicle storage and service facility adjacent to our rural residential neighborhood will immediately alter the "face" of our rural agricultural area, affect the perception of our community and reduce the likelihood of others wanting to live here. This will decrease the desirability of this neighborhood and the value of our properties. In the longer term the consequences of lowered property values and the additional negative impacts of this facility such as increased hazards, crime and all the activity generated by a 24 -hour industrial facility will affect our ability to continue to live a rural lifestyle and may discourage other current and future residents from taking the risk of becoming more deeply rooted and establishing themselves here - building relationships with neighbors, getting involved with our neighborhood association, investing their time and money in cultivating or improving their property, raising and caring for livestock, or remodeling or building a home here. The uses which will be permitted if this industrial facility is approved will not be compatible with current and future development of our area. Broomfield is currently constructing several suburban residential developments to the east of this property. Part of this development includes a large parcel of dedicated Broomfield Open Space. We know of two property owners who have plans to build new rural residential homes in our community this year. We are also aware of several families that have plans to hand down their property to their children or other family members or sell to new families who are looking for the things that this neighborhood has to offer. Their decisions about how to proceed with their planned investment in our neighborhood will be greatly influenced and may be changed if this area is developed as proposed by the applicant. Change is inevitable and not always unwelcome. However, we would ask that you give careful consideration to our concerns and both the short term and longer term impacts that the approval of this industrial development application would have on us, families who have made a substantial investment in our homes and properties and in our established and treasured rural Weld County community. We respectfully request that you consider these impacts on our community when you review this proposal and DO NOT RECOMMEND APPROVAL of this application for Use by Special Review. Thank you for your time and consideration, Bill, Chris, Heather & Nathan Raimo DATE: July 12, 2019 TO: Weld County Planning FROM: Ranch Eggs Neighborhood Association (RENA) and Friends RE: USRI 9-00 32 Scheduled for review July 16, 2019 Introduction Please accept this letter which outlines our concerns and details our opposition to USR 19- 0032. I USR 19-0032 violates an existing agreement between the Front Range Landfill (successor) and RENA (Ranch Eggs Neighborhood Association) dated July 11, 1991. This agreement was incorporated into the certificate of Designation and the Landfill EDOP. A copy of this agreement has been provided to Weld County Planning and is also included with this letter. II. USR 19-0032 is incompatible with the Ranch Eggs Neighborhood and current uses. This is an application to locate an industrial facility adjacent to a Weld County "Right to Farm" agricultural zoned ranchette community, several suburban Broomfield residential communities and a large parcel of designated Broomfield County Open Space. III. USR 19-0032 is incompatible with the future uses and development of the Ranch Eggs community area. IV. USR 19-0032 is inconsistent with the revised Weld County Code, Goals and Policies as approved on July 10, 2019, Most Concerning Issues: • This proposal by the Front Range Landfill to build a "hauling facility" for the landfill in our neighborhood accessed via Weld County Road 7 violates an existing agreement between the Front Range Landfill (successor) and RENA (Ranch Eggs Neighborhood Association) dated July 11, 1991. This agreement, in part, restricts hours of operation and prohibits all landfill traffic from using Weld County Road 7. • The increase of traffic on Weld County Road 7 and Weld County Road 6, especially heavy, commercial waste disposal truck traffic. • This facility proposes to be open 7 days per week from 5AM — 5PM and 3PM — 3AM. The facility would only be "closed" from 3AM — 5AM each day. • This facility proposes to be permitted to operate at commercial noise levels in our rural residential community. • The applicant does not have a commercial water tap for this property and Left Hand Water has notified the applicant that a commercial water tap will not be available "without significant off site mainline and pumping capacity improvements". The applicant is proposing to use an existing well. This raises a real concern to the community as we have already had one fire in the neighborhood fueled by vehicle storage. 10/8/2014 Headline: Erie barn fire damages, destroys up to 70 classic cars. There was not enough water or available water close enough to the property to combat this type of fire to prevent a total loss of the building and its contents. • Potential impacts to irrigation water quality are unacceptable. Please see concerns raised in the letter from FR1c°. • Lack of information in the USR application being presented to the Planning Board about the development of this project and the impacts of this industrial facility on the neighborhood. Incomplete operations plan, lighting plan and landscaping plan. EXHIBIT (:iSkrO r-6-63; i • No prior notification or public meeting with the RENA community to discuss this proposed USR application. Ranch Eggs Neighborhood, from our perspective A. Ranch Eggs has a strong and well -supported neighborhood association (RENA); which is optional and voluntary for residential property owners. RENA is not a Home Owners Associations with covenants. 1) RENA negotiated and maintains the existing agreement with the Front Range Landfill. 2) RENA represents the community's interests at public governmental meetings in Broomfield, Erie, and Weld County. 3) RENA hosts opportunities for residents to meet with government officials, communicates with area law enforcement and businesses such as oil and gas which impact the community, organizes neighborhood garage sales, and monitors other items of interest. 4) RENA's persistence has led to IGA (Broomfield/Erie/Weld) currently being negotiated under Weld County leadership. B. In Transition 1) Neighborhood, in transition. We have made a lot of progress. Many properties undergoing `gentrification' and renewal. As with any neighborhood in transition, several zoning complaints have been filed with the county against properties in the neighborhood that have issues. Most zoning cases have been closed after investigation and mitigation as the properties are deemed compliant. 2) The surrounding area has become more residential with Broomfield and Erie building new planned housing developments C. Recent improvements A few recent examples: 1) Cambodian CulturalCenter/Buddhist Temple 2) Extended Family Home; 14,000 sq ft home with approved on -site landscape business. 3) Raimo's House; Addition and complete renovation of original 1967 Ranch Eggs home 4) Lauer's House (new windows, roof, siding, garage doors, etc.) D. New build resident owners planning to construct "dream homes" in our neighborhood holding for USR result; they will likely not build their homes and may SELL if USR approved. 1) Bradley Howe 2) Armitage E. Neighborhood fencing is in farm/ranch style, leaving sight -lines very open, unlike USR proposed fencing. 1) Broomfield describes Ranch Eggs as "open area" between itself and Erie. 2) U R's proposed enclosed fencing is INCONSISTENT with principally residential and agricultural properties. F. Almost every other business in this community is resident -owned and operated; with residence being principle and business being incidental. The two exceptions being the Cambodian Cultural Center/Buddhist Temple and Rejoice Lutheran Church. G Our Community by the Numbers: 1) Fifty-eight properties are within the rectangular area we refer to as Ranch Eggs. 2) Over 20% - are multi -generational home owners — property ownership being passed down to family members - helping maintain neighborhood continuity. 3) Many properties are used agriculturally, incidental to residential use, including livestock, grazing, hay production, egg processing, nursery/tree storage and food production for residents and others. 4) Many area property owners are shareholders in FRICO (Farmers Reservoir and Irrigation Company) and receive water through irrigation canals, 5) One resident operates a non-profit combined equine -veteran rescue on his property. 6) One property is a Christian church. 7) One property is a Cambodian Buddhist place of worship. 8) ZERO properties are principally commercial use. 9) ZERO properties are principally industrial use. USR 19-0032 is INCOMPATIBLE with Ranch Eggs Neighborhood and Current Uses A. The Industrial nature of the application is inconsistent with surrounding property rights granted by Weld County's RIGHT TO FARM E. Potential negative effects on irrigation water Several potential negative impacts to water rights owners include discharges of oils, grease, and other sediments, expected where large equipment is stored and serviced. Surface seepage of contaminants lead to problems with the plants and animals utilizing a neighborhood water source. C. Unlike other businesses in the neighborhood, it would not be secondary to residential use. D. Restricts farm/ranch-like sight lines E. No agricultural use. Does not demonstrate a diligent effort to conserve prime farm/ranch land F. Requesting to be permitted to operate at industrial noise level in rural residential neighborhood. G. Does not protect the property rights of existing owners. H. Ranch Eggs is viewed and currently serves as a regional interface "buffed' area in relation to the upscale homes, parks, trails, hospital, and retail areas. It is NOT a commercial area or industrial park which would be more suitable for large, industrial vehicle storage and servicing operations. I. The construction and operation of this facility will provide no benefit to the existing Weld County rural residential neighborhood. J. This facility would be more appropriately permitted in an industrial zoned area. (R 19-0032 is INCOMPATIBLE with the future uses and development of the Ranch Eggs community area. A. Not compatible with future development, which includes the two planned "dream home" neighborhood residences to be constructed and occupied by current property owners as previously noted. B. Not compatible with planned residential development by both Erie and Broomfield in the surrounding area. C. Not compatible with use or purpose of dedicated open Space located directly east of this property. D. Not compatible with future use of neighborhood properties for agricultural purposes. E. Would permanently remove agricultural land from production and degrade it such that it would most likely never be able to be converted back to agricultural use in the future. USR 19-0032 is INCONSISTENT with existing Weld County Code, Goals and Policies This proposal is not consistent with the Agricultural Goals and Policies section 22-2-20. Our community does not include any facilities like the proposed facility. There are no facilities which are strictly industrial in nature without any agricultural or residential component in a rural residential area. The proposed use is not directly related to, or dependent upon, agriculture. The applicants are proposing to be in operation and to be permitted to generate industrial noise levels from 5AM — 5PM and also from 3PM — 3AM — 7 days per week - in an area which presently has residential noise levels and no nighttime industrial operations. Nearly all surrounding parcels are agricultural/rural residential. The new homes currently being built to the east of this proposed facility by Broomfield are designed to be moderate density suburban communities with a large parcel of dedicated County Open Space and connections to the regional trail system. Broomfield City and County is actively converting the surrounding former Weld County Agricultural lands to suburban residential home developments. These new homes will be located directly across from this facility on the east side of Weld County Road 7. Broomfield and Erie have limited commercial developments to locations directly adjacent to CO Highway 7, Sheridan Parkway and Huron. Weld County Road 7 is an increasingly busy arterial road. Weld County Road 6 has seen a dramatic increase in traffic as well. Neither of these roadways were designed for heavy industrial truck traffic. Our community is not aware of any plans by Erie, Broomfield or Weld County to improve or install additional traffic controls to either WCR 7 or WCR 7 in the near future. The applicant's proposal does not include an adequate visual screening or noise mitigation plan. This proposal is not consistent with Urban Development Goals and Policies section 22-240 The site is not located in a Regional Urbanization Area. This proposal is urban and industrial in nature. This proposal is not consistent with Industrial Development Goals and Policies Section 22-2- 80 or _with . Co mere/al Development Goals and Policies Section 22-2-100 The proposed operation is industrial in nature whereas the site is located in a community that is rural residential and agriculture in nature. The site is not located within any Regional Urbanization Area, Urban Development Node, Intergovernmental Agreement or Coordinated Planning Agreement area. This proposed industrial facility will not serve the neighbors or the neighborhoods in the area. This proposal is not consistent with Section 23-24303J ! The Applicant has the burden to �demonstrate "That the USES which would be permitted will be compatible with the existing vrr■ �rr��■ sr s++ r ryas the surrounding Uses" The neighborhood surrounding the site is nearly 100% rural residential and agricultural. The exceptions are noted below. The neighborhood consists of owner -occupied primary residences. Light commercial activity within the neighborhood has always generated supplemental income for the home owners, not primary income. This has always been true, even during the height of the commercial success of the chicken egg barns. The true value of the rural residences has always been, and remains, as rural residences and not any incidental business associated with the property. The proposed facility is industrial in nature. The application does not adequately address mitigation techniques that might have helped mitigate the incompatibility of the proposed uses. Ranch Eggs is viewed and currently serves as a regional interface "buffer" area in relation to the upscale homes, parks, trails and hospital, and is NOT a commercial area or industrial park which would be a more suitable location for this type of facility. Here is a list of the exceptions to the rural residential and agricultural use in our community. • A Lutheran church which operates in a former converted home. This worship community consists of less than 50 members. • A Cambodian Cultural center that is a beautifully landscaped and screened property, with residents that are a part of the community. • A landscaping business exists at a neighborhood property and is operated by its owners who live in a home on the property. All trucks and equipment are stored indoors and are screened via a beautiful sandstone privacy wall. • A machine shop, approved by USR in the 1980s, was a small family home business, incidental to the residence. That shop is now out -of -business due to the death of its founder and the property has new owners (as of March 28, 2019). • A trophy distributorship moved into a former Chicken Egg barn in the 2000s. This business is in the process of closing due to the death of its founder and owner. The property also has a home that is occupied by a long-time renter. • Three private "non-commercial junkyards" exist in full compliance with Weld County codes, with vehicles stored either in converted Chicken Egg barns or behind visual screening. This proposal is not consistent with Section 23-2-230.B.4 : The Applicant has the burden to demonstrate "That the USES which would be permitted will be compatible with the future DEVELOPMENT of the surrounding area as permitted by the existing zone and with future DEVELOPMENT as projected by Chapter 22 of this Code and any other applicable code provisions or ordinances in effect or the adopted MASTER PLANS of affected municipalities." All the remaining surrounding area is actively being converted to residential neighborhoods, consisting of 1300+ homes in total, by the city and county of Broomfield. This build -out is currently about 1/3 complete and is expected to be completed in its entirety within the next five years. It is worth noting that Broomfield has limited all commercial development to "buffer areas" adjacent to Huron, CO Highway 7 and Sheridan Parkway. Our neighborhood residents expect to continue living the rural residential lifestyle. In fact, the abundance of high tech and medical jobs locating nearby has greatly increased the values of our properties as rural residences. Two current resident owners are planning to build "dream homes" nearby but are holding for the USR result and will likely not build their homes and may SELL if this USR is approved. This proposal is not consistent with Section 2 -2-230•B. 7 The Applicant must demonstrate "That there rs adeuate provision for the protection of the health, safety and welfare of the inhabitants of the NEIGHBORHOOD and the COUNTY.7 The Design Standards (Section23-2-240, Weld County Code), Operation Standards (Section23-2- 250, Weld County Code), Conditions of Approval, and Development Standards do not ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. The application does not provide adequate provision for mitigation of increased crime and traffic hazards, or decreased property values. Traffic would be impacted by the increase in use if this application is approved. Neighbors are already concerned with the increased traffic due to Broomfield's residential neighborhoods being built all around us. Traffic will increase due to this facility, including employee trips and additional heavy truck traffic. We are not aware of any immediate plans to make necessary improvements to CR 7. Many arterial roads within Weld County remain as two-lane roads. There is a need to allow safe egress and ingress to the property and not hinder the flow of traffic on CR 7 by the addition of the proposed use. It has not been demonstrated that adequate water exists to fight any fire that may occur on this site The proposed use may have a detrimental effect on the water rights of neighboring properties. The Applicant does not intend to meet the residential noise standards. Please also consider that the recent changes to Chanter 23 of the Weld County Code (which were approved by the Board of County commissioners on July 10th 2019) no longer allow most industrial uses to be located within an Agricultural zone. 'f hese fnclu 'Outdoor Storage Facilit� " or "Vehicle Service and Repair Establishment",... _.... - a The stated goal of the changes as written in the Long -Range Planning emorandum dated March Airy 2019 is "to encourage development in the zoning district appropriate for the type of development and promote compatible uses within zoning districts," The best and most desired outcome for our families, neighborhood and community is for the Planning Commissioners to NOT RECOMMEND approval of this USR application and preserve the character of our rural residential neighborhood. Closing: In conclusion, we appreciate this opportunity to advocate for our families, our neighborhood and our community. We look forward to being able to speak to you at the hearing on July 16th. Thank you for your time and consideration. Sincerely, The Board of the Ranch Eggs Neighborhood Association (RENA) on behalf of our Membership Sherri Strubler President Mike Schweitzer, Vice President D.J. Lynch, Treasurer Chris Raimo, Secretary Sandy Barnett, Director Michelle Arrick, Director Ed Kosorokt Director From: Shahreen Salani <shalhreen.salarn©gma!t cor> Sent: Sunday, July 14, 20143 7:41 1 nYc To: Chris Gathman <cgatrirnan( weldgov.corrm> Subject: Opposition to Front Range Landfill's proposal for Truck Repair Facility on WCR 7 Caution.. This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. -Flu" Y VI ILJ14 1 ii. IVICy .s LIP I�sCI 11, We are opposed to the Front Range Landfill's prooposal for a Garbage Truck Repair facility to be located in Weld County off of WCR 7, north of WCR 4. We purchased our home on WCR 4 from our grandparents, Horst Willie Mueller and Donna Ruth Marie Mueller who homesteaded this property since 1967. Willie and Donna were instrumental in the original negotiations for the landfill to be allowed to be put in. During these negotiations, there was no concession for further development for the landfill as far as repair facilities. Furthermore, we have concerns with a repair facility being proposed so close to our property: 1. Contamination to our irrigation water, which we use for our crops and garden. Need for full containment at the facility. This proposal is for a truck repair facility, which includes oil changes and other repairs that utilize hazardous materials. This will require runoff mitigation to address rain washing hazardous materials from property to irrigation canals. 2. Excessive overweight traffic, which is not supported on WCR 7 currently (per the original negotiations and structure of the road). WCR 7 would have to be reconstructed to support additional weight. This will also affect our local pedestrian and cyclist traffic so if it were to go through, we would need to address the need for sidewalks and bike paths. We have a four year old who recently learned to ride his bike and a 3 month old, and we fear the increased heavy traffic on WCR 7 will cause significant safety issues for them in their residential community. 3. The foul smell. We are downwind from the proposed site. My husband has 10 years experience working as a diesel mechanic, and has worked specifically on trash trucks. This would be a nuisance to our residence. 4. Increased need for and cost of street sweepers, which will cause increased traffic congestion. The trash trucks will carry dirt and mud onto WCR 7, which will need to be addressed for road safety. This will also cause increased traffic congestion, as WCR 7 often is taken as an alternate route to 1-25. My husband's grandparents fought for years to oppose the landfill going in, but conceded once their terms were met and there was an understanding that this would be the end of the landfill's encroachment into established surrounding residences. We hope that the original agreement will be honored and this will be the end of the Front Range Landfill encroaching on Ranch Eggs Estates. Please deny Front Range Landfill's proposal for the truck repair at this site. Sincerely, Craig & Shahreen Fredrich r EXHIBIT 14 (y) tC,2 From: Ruth Traupe <Ruth@a1trophy.corm Sent: Sunday, July 14, 2019 9:03 PM To: Chris Gathman <cgathman@weldgov.com> Subject: USR 19-0032 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. 1..1.. 1 R 'i 1" 1 ILA I Y '1 t3asp Dear Weld County Planning, I would like to thank you for taking the time to review mine and my neighbors concerns, on USR 19.- 0032. Iam: Ruth Traupe 984 Weld County Road 7 Erie CO 80516 Traffic is a big concern on county road 7. To many large trucks on this road with very few minding the speeding limit Agreement with the dump that has helped our neighborhood keep the dump traffic off our road has Been good for our community, I would like to stilt be able to enforce this agreement. Thank you, Ruth Traupe EXHIBIT II LA f cif -eat 3.2,- Letter to Weld County Planning I am writing to express my strong opposition to USR 19-0032, the request from Waste Management to move their maintenance facility & garbage truck parking facility to land adjacent to the north side of Ranch Eggs neighborhood. As with the recently denied USR 18-012 for a RV storage & maintenance facility, the proposed Waste Management facility is completely incompatible with the existing agricultural nature of our rural residential neighborhood. The commercial/industrial nature of the Waste Management facility would be an eyesore in the agricultural neighborhood. This facility would be next door to residences in our neighborhood. This type of facility is not something that can be shielded from view and the noise from the garbage trucks every morning & evening would be excessive for a rural residential neighborhood. I would be able to see this facility from my property and do not want to look at a parking lot full of garbage trucks & roll -off trash dumpsters. Would you want to live next to a garbage truck parking facility? This facility would also bring all of the traffic of garbage trucks and Waste Management employees on to Wetd County Road 7 which was not constructed for truck traffic, Waste Management does not a commercial water tap for the facility and Left Hand Water has notified the applicant that a tap will not be available "without significant off site mainline and pumping capacity improvements". This raises significant fire concerns as the neighborhood has already experienced a fire which was a total loss due to insufficient water available to fight the fire. In addition, the Ranch Eggs Neighborhood Association has a long standing written agreement with the landfill that no landfill traffic, including garbage trucks, will be allowed on County Road 7. Signage has been posted since 1991, per the agreement, at Weld County Rd 7 & Erie Parkway and to the south at State Highway 7 & Weld County Rd 7 stating that no landfill traffic is allowed on Weld County Rd 7. The proposed entrance for the Waste Management facility would be on County Road 7 directly north of the irrigation canal & County Road 4 on the north side on Ranch Eggs neighborhood. This is in direct violation of the agreement. The landfill management & Waste Management are fully aware of this agreement and have proposed this facility anyway. As with the proposed RV storage facility mentioned above I believe the Waste Management facility is incompatible with the existing neighborhood and it current and future uses. USR19-0032 is also incompatible with the revised Weld County Code, Goals and Policies as approved on July 19, 2019. I conclude by requesting that you deny USR 19-0032. A commercial/industrial facility/business has no place in an agriculturally zoned area. Weld County is an agricultural county. Please keep the agricultural areas as agriculture and keep any commercial/industrial facility within the commercial/industrial zones. Thank you, Debora J Lynch Weld County Resident 2720 175th Avenue Erie, CO 80516 EXHIBIT I 0- tAstieaettiota From: Karen Lovewell ckareniovewell@yahoo.com> Sent: Monday, July 15, 2019 9:09 AM To: Chris Cat h ma n <cgat h m a n@we ldgov. cam> Subject: USR#IS-0032 Front Range Landfill Cau.te , This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. �r� � MajLru �i s� l.i aaa■. Iragw�•i *K rr� 1•iPt rrlwr4 rut r.,t Poi it V%rr L�Ira..4 Oe"in ei. I tlNPif %u iii d a I I I Iz ICLLCI 1� 'SW rut. v�.l 1l1 l%JYY LI FCHL VY� L.J�,JE.1%.JIOC L ICI V I1 IJ 1 F V1 it PILO, 1► Lcal IJ I II1 IJulI garbage truck repair and service facility. This would ruin our rural lifestyle that we have out here. It will be very disruptive to our way of life, impact the high amount of traffic that we already- have which makes it very difficult to even cross our road to get mail. Other concerns is the safety of our children that get on the bus for school, our animals that sometimes do get out on the road by accident. The amount of large trucks that we continue to have now is causing issues to our houses ( our homes shake when trucks go by. This cannot be good for our foundations and certainly is not good on our mental well being.) We cannot have anymore large trucks on our road. Please do not let this pass. Thank you for listening to our concerns- please confirm receipt - Karen and Bob Lovewell 3693 County Road 6 Erie, Co 80516 EXHIBIT a 13 lk,Sk 1 tit -OCR 3;, "AVAlly% JOi1>c)N &3 REPUC I '1 I I L _, F'. L 1 \ I I David F. Bower dfbower@j-rlaw.corn Direct Dial: (303) 546-5608 July 15, 2019 Via E - Mail (c athman 4..we!dgov.co ) Weld County Planning Commission c/o Chris Gathman, Planner Planning and Building Department 1555 N. 17th Ave Greeley, Colorado 80631 Re: Case Number R19-0032, Waste Connections of Colorado, Inc. Front Range Landfill, Inc. Dear Weld County Planning Commissioners: This firm represents the Ranch Eggs Neighborhood Association, Inc. ("RENA") with respect to the Use by Special Review application submitted by Waste Connections of Colorado, inc., and its subsidiary, Front Range Landfill, Inc., for a new truck storage and maintenance facility for the Front Range Landfill in U R.19-00 3 (the "Application"). For the second time in a few months, a USR application is before the Planning Commission that will have an adverse impact on an agriculturally zoned neighborhood filled with small family farms. And for the second time, Planning Commission has the opportunity to decide that this type of development is not compatible with Weld County's agricultural goals and policies and inconsistent with the character of the neighborhood, This time, however, Planning Commission must deny the application, not only because the proposed land use is incompatible with Ranch Eggs, but because the requested hauling facility is in direct violation of a 1991 agreement that the landfill made with RENA. Accordingl y, RE (A would strongly encourage the Planning Commission to protect Weld County's citizens and the quality of life in the Ranch Eggs neighborhood -- as well as the deal that the landfill made with RENA's citizens that was acknowledged and ratified by the County — and reject the landfill's expansion proposal. Incompatibility with Weld County's Agricultural Goals and Policies Pursuant to the County's standards for Uses by Special Review, set forth in the Weld County Code, Section 23-2--2OO,A., "Uses by Special Review require additional consideration to ensure that they are established and operated in a manner that is compatible with existing and planned land uses in the neighborhood. The additional consideration or regulation of Uses by Special Review ... are designed to protect and promote the health., safety, convenience and general welfare of the present and future residents of the County." 85o W. South Boulder Road, Suite ico Louisville, CO 80027 I tel 303-4424900 I fax 303-442-0191 I vtromf j-rlavt.corn Weld County Planning Commission July 15, 2019 Page 2 The landfill is already a b l i ght on the Ranch Eggs community and something that the families and farms in the area have to live with every day. With the trash dump comes increased pollution and odor in a residential neighborhood. Now, the landfill wants to make matters even worse and expand its operations directly north of the neighborhood, and to use the single road that passes through Ranch Eggs to access this new truck storage facility. This will put an estimated 200 garbage truck trips on the neighborhood's roads every single day. There is simply no way that adding this level of additional dump truck traffic to the single northern ingress and egress into Ranch Eggs is compatible with the protecting and promoting the health, safety, convenience, and general welfare of Weld County's citizens. Incompatible with Uses Allowed in the Land Use Code For proof that this type of use in inconsistent with the Ranch Eggs neighborhood and surrounding community, one need look no further than the Weld County Code, which was just revised with the adoption of Ordinance 2019-02. As you all know, the most significant change was the removal of Subsection 23-3-40.S, which previously allowed all listed commercial and industrial uses to locate in the agricultural zone with a USR permit, The Planning Commission and Weld County Commissioners all determined that this was not in the best interests of the County and its citizens when it changed the land use code to no longer allow these types of applications to proceed with so little scrutiny. If the landfill would like to expand its facilities outside of what has already been approved, it needs to do so under the proper land use procedures, including having the area rezoned so that it is no longer considered agricultural. Agreement with RENA regarding Weld County Road 7 Perhaps most importantly, the expansion of the landfill and construction of this new truck storage facility cannot be approved because the landfill promised RENA in a legally binding agreement that it would not expand its operations in this way. Specifically, pursuant to the Neighborhood Agreement dated June 11, 1991, the landfill's predecessor -in -interest explicitly agreed to the following requirements: 3. Restrictions on Routes. Mid -American agrees to advise all persons and vehicles utilizing the solid waste disposal site that traffic coming to, and departing from, the solid waste disposal site is to utilize Weld County Road S. (emphasis added) Mid -American shall post Weld County Road 7 4 .. to prohibit or discourage truck traffic on Weld County Road 7 and direct trucks bound for the solid waste disposal site to use Weld County Road 5. The entire point of the Application is to have the trucks be stored and maintained on Weld County Road 7. Whether the trucks are taking trash to the dump or not, there is absolutely no way to reconcile operating a truck storage and maintenance facility on County Road 7 after the landfill promised that it would not use County Road 7. The fact that the landfill even submitted the Application in the first place is a potential violation of its agreement with RENA. {00463108 r 1 ) Weld County Planning Commission July 15, 2019 Page 3 Weld County also recognized the Neighborhood Agreement when it first approved the landfill. The very first condition for the Special Review Permit for the landfill states as follows: .. The applicant and/or operator shall be responsible for complying with the terms of the agreement signed on July 11, 1991 between Ranch Eggs Neighborhood Association, Inc., and Mida merica Waste Systems, inc...." This Neighborhood Agreement has been affirmed time and time again, even as the owner of the landfill changed. In 1996, the agreement was incorporated into the Annexation Agreement between the Town of Erie and Sanifill of Colorado, Inc. In 1999, Republic Services, Inc., assured RENA that its Neighborhood Agreement would be honored. And in 2005, the Town of Erie acknowledged the agreement, stating that it "is a private document between the RENA Board and the Landfill, therefore the Town may not intercede with the terms of the Agreement." Should the Planning Commission approve the Application, not only would it be endorsing private parties to violate agreements that they make with their neighbors, but it would also mean that development standards required by the County in old special review permits and annexation agreements are also null and void, This would be a terrible precedent to set going forward — one that could have a huge ripple effect for all of Weld County. Conclusion For nearly thirty years, Ranch Eggs has lived in the shadow of the Front Range Landfill. It is not ideal, but people have come to accept it — in large part, because all of the traffic and most of the impact from the landfill was isolated to the eastern side of the facility and away from Ranch Eggs. That is not by accident. Instead, it was the direct result of the Neighborhood Agreement that the landfill made with RENA — an agreement that was subsequently accepted and confirmed by Weld County — that has kept the landfill traffic off of Weld County Road 7 and out of Ranch Eggs. That is all that RENA is asking you to do again. RENA 'A would like the Planning Commission to recognize that the truck maintenance facility is not compatible with agricultural zoning or the surrounding neighborhood, and to ensure that the landfill keeps its word to RENA and the citizens of Weld County. The only way to do this is to deny the Application. Very truly yours, David F. Bower cc: RENA Board (renacommunitygmail .com) Toni Parko (tparkoweldgov.com) {0046310 S / 1 ) 4,et I MEI a. NElanoRHOOD AORLSMENT RAIG! EGGS NEIGEBOIROOD ABOOCIATION, INC. a THIS AGREEMENT is nda and entered into this day of Ays_d_1144, , 1991, by and between Mideamerioan Waste Systems, Inc', an Ohio corporation, with principal offices .tt; 1OO6 Walnut Streets -Canal Winchester, Ohio 43110, hereinafter. referred to as "Mid -American" and, Ranch Eggs Neighborhood An s oci ation, Inc., a Colorado not -for-profit corporation, with princ ipa l of f ice s at 3110 Johnson Lane, Erie, Colorado 80516, hereinafter referred to as " Msociat ion" m WITNEBE ETE THAT WHEREAS, Mid -American desires to site, develop, and operate a solid waste disposal site in Section 21, Township l North, Range 68 West of the 6th P.M. in the County of Weld, State of Colorado; and r PM WH ERERI, Association represents, generally, the interests of certain property owners located in, and adjacent,to, to , -"Ranch Eggs •states" or "Ranch Eggs Subdivision", a subdivision, *parts of which are , located in Sections 27, 28, 33, and 34 in Township 1 North, Range 69 West of the 6th P.M., in Weld County, Colorado; and, WHEREAS, Mid-Afnsr ican has agreed to limit and,restrict restrict its operation in the manner hereinafter set forth and provide ongoing assurances and assistance to the Association and adjacent property owners; and, WHEREAS, the parties desire to reduce to writing their ache ements . NOW, TEEREFORE, for and in consideration of the foregoing and other good and, valuable consideration, the receipt of which is hereby acxnowlsdged, the parties do hereby agree as follows 1 1 ■ limm ` &GAEEML T . This agreement 'shall become effective upon the opening of the proposed solid waste disposal site and shall continue in full force and effect until the closure thereof. Mid -American shall give written notice to Association of such opening date immediately following the opening of the solid waste disposal site. a • 2. oRMEY Tr R Ho ATio t• Mid -American agrees to pay, on behalf of the Association, or re imburs a Association, for reasonable attorney's fees and related costs incurred for the purpose of negotiating and reviewing this agreement, The attorney so retained shall work solely for the Association and shall not be required to communicate or report to Mid -American for any purpose whatsoever. 3. Wcal ROM!, Hid -American agrees to advise all persons and vehicles utilizing the solid waste disposal site that traffic coming to, and departing from, the solid waste disposal II #07/11/91 1O:45 e303 356 1111 THE LAW BUILDING 4f- MID -AMERICAN 12012/015 site is to utilize Weld County Road 5. Mid' -American shall post Weld County Road 7, at its expense, in any tanner permitted by Weld County or the Colorado Highway Department, as appropriate, to prohibit or discourage truck traffic on Weld County Road 7 and direct trucks bound for the solid waste disposal site to use weld county Road S. In addition, if Mid -American determines that a truck driver or operator is utilizing Weld County Road 7, either to or from the solid waste disposal site, MideAmerican shall advise said drier or operator of this restriction, warn the driver or operator to stop using Weld County Road 7, and utilize instead Weld county Road 51 and shall refuse to accept delivery o1 + i s s to from such driver or operator if they persist in utilizing Weld County Road 7 for travel to or from the solid waste disposal site. 4. ZNflE TOR. Association nay hire an independent "Refuse Inspector" to inspect all waste products delivered to, and accepted by, the solid waste disposal site. The Refuse Inspector shall be employed by, and shall report to, the Association. Midsamerican shall reimburse Association for salary, wages, rich taxes, unemploymentb taxes, workmen's compensation insurance, and such other fringe benefits as Mid -American may provide, its hourly employees, in an amount not to exceed Thirty Thousand and No/ l00 Dollars ($30,000.00) per year. The Refuse Inspector shall be responsible for inspecting each incoming load of solid waste for disposai to ascertain whether or not the load contains any waste which is not permitted for disposal at the waste disposal site by virtue of the Certificate of Designation, the Use by Special Review permit, or this agreement. 5, LZNZTAflO8B o gpmerrqn. Mid -American agrees to operate the solid waste disposal site in accordance with the following restrictive conditions in addition to those which may be included in its certificate of Designation issued by the Colorado Department of Health and the Use by Special Review permit issued by Weld county a, Ours_ Ovation. The solid waste disposal site will accept disposable waste during the period commencing at 6:00 a.m. and terminating at 8:00 p.m., Monday through Saturday. Mid - American may process solid waste products delivered to the solid waste disposal site between the hours of 6:00 a.m. and 10: 00 p.m., Monday through Saturday. b* alittatLitjasslialk. Mid -American shall not accept for disposal at the solid waste disposal site any outeof-state trash or solid waste and agrees that this limitation may be incorporated in any Certificate of Designation issued by the Colorado Department of Health and any Special Review permit granted by Weld County, C. P tired Waite. Mid -American shall not accept for disposal at the solid waste disposal site any infectious, autoclaved, hazardous, or liquid waste products. 2 .07/11/91 10:46 e3oa 356 1111 THE LMF BUILDING •'4 4 1[ D'f C AN Ira 013/015 b dRighszsairmmaLludxsAmizaft, Mid -American shall, at its expense, collect and remove any waste products inadvertently deposited on the righteofbray of geld county Road 3 from Colorado Highway 7 to the entrance of the solid waste disposal site on a its basis end shall document efforts in that regard. 6 22AAAL,J1211POSALMidi aarican shall provide "free'' disposal of residential solid waste at the solid waste disposal site tor residents of Ranch Eggs Estates or Ranch Eggs, subdivision. Mid -American shall not, by virtue of this paragraph, be required to accept any agricultural or commercial wastes Mid -American may institute such procedures as it may deem necessary arid advisable to assure that residents of Ranch Eggs Estates or Ranch Eggs subdivision are not utilizing this privilege to dispose of solid waste originating outside Ranch Eggs Estates or Ranch Eggs Subdivision. 76 0 • Mid -American shall enter into t,greaments in the form attached hereto as Exhibit "A" with residents of Ranch Eggs Estates or Ranch Eggs Subdivision to guarantee the value and marketability of residential properties s Sp LhYSMLELSSETB ANDelabald fl ideA3aer is an shall, subject to the approval of Weld County, Colorado, pave the following described streets and roads with hot asphalt mix to the specifications of Weld County in accordance with the following schedule, or in advance thereof at the election of laid -American a • 175th Avenue for 2178 feet west from Weld County Road 7 within six (6) months of the opening of the solid waste disposal site; and, b. Weld County Road 4 for 2 620 feet east from Weld county Road 7 within twelve (12) months of the opening of the solid waste disposal site; and, c6 Johnson Lane for 2620 feet east from Weld County Road 7 within eighteen (18) months of the opening of the solid waste disposal site; and, d ; Lowell Lane for 2290 feat east from Weld County Road 7 flthiri twenty-four (2 4) months of the opening of the solid waste disposal site. The parties understand and agree that Weld County will accept the roads for maintenance one year following the installation thereof if the roads are constructed and installed to Weld County specifications, Nothing herein shall be construed to obligate l id- erican to maintain any of such roads following the acceptance thereof for maintenance by Weld county; or one year following the installation thereof if the failure of Weld County to accept the roads for maintenance is through no fault of Mid -American or its 3 aL07/11/91 10:47 "3'303 356 1111 THE LAW BCILDING 4s- ETD —AMERICAN 014/015 • contractors. 9. pO TIC_ _ tk . xideknr icon shall reimburse the owners of the following described properties for the cost of a eater tap and the cost of connection to Left Hand Water Supply Company for domestic water in an amount not to exceed Two Thousand Five Hundred Dollars ($2,500.00) for a period of five (5) years commencing with the opening of the solid waste disposal site subject only to availability, to -wit: Lots 1 through B, Block One (1) ; Lots I through 114 Block Two (2); Lots I through 14, Block Three (3) ; Lots 1 through 8, Block Four (4) Ranch Egg, Inc., Subdivision, Second Filing First Replat dated May 21, 1986 all in the County of Weld and State of Colorado. 10. s c W . Mid -American shall escrow, or shall cause to be escrowed, in a trust account with Arthur Pa Roy, Attorney at Law, 1011 Eleventh Avenue, Greeley, Colorado, 80631 the sum of Two Hundred sikty Thousand and No/100 Dollars ($260,000.00), One Hundred Eighty Thousand and No/200 Dollars ($180,000400) of which is to secure its obligations under paragraph 8 of this Agreement and Eighty Thousand and No/ 100 Dollars ($80,000.00) of which is to secure its obligations under paragraph 9 of this Agreement for a period not to exceed five (5) years commencing with the opening of the solid waste disposal site in accordance with an escrow agreement, a true and correct copy of which is attached hereto and incorporated herein as Exhibit B, 11 #� El . Any action brought to enforce or construe this agreement shall be in the District Court in and for the county of Weld and State of Colorado. Any action commenced by either party in any other court may be removed to said court upon motion of the other party regardless of any statute, rule or authority which may confer jurisdiction or venue on any other court. In any Litigation brought to enforce or construe this agreement, the court shall award reasonable attorney's fees, expenses and costs to the prevailing party; and, in the event multiple issues are presented and one party does not prevail on all issues then in that event, the court shall, in its uncontrolled discretion, apportion attorney's fees, expenses, and costs between the issues and parties. 11. fl8XG)f$!fl. Association may not assign any rights nor delegate any duties or obligations under this Agreement without the express written consent of Mid -Americans MideAlterican may assign its benefits and obligations under th i s Agreement only in the event that such assignment is concurrent with or, preceded by, a transfer of ownership of the solid waste disposal site. 4 , 0x`/11191 10:48 12303 355 1111 r THE LAv BUILDING 444 MID' RICAN t oisio s 13. Un9BRAMMISRLIILAWAlluinnwor DES a This agreement may, at Commissioners, be incorporated and the Use by Special Review Weld County Commissioners, the Weld county of Designation granted, by the 1 I ON K$_ U the discretion of in the Certificate Petmit issued, or 24. INZONWAts This agreement sets forth the entire understanding of the parties with respect to the subject natter thereof and any negotiations between the parties are merged therein 25, CEO= This agreement shall be construed in accordance with the laws of the State of Colorado 24. fl 2flT. This agreement shall be binding upon, and shall inure to the -benefit of, the parties hereto and their successors and assigns, 17. warm July notices required to be given pursuant to the terms of this agreement shall be deemed delivered when deposited in the United states mail, postage prepaid, certified with return receipt requested, and eddresssd to the parties at the addresses set forth at the beginning of this agreement unless prior notice of change of address has been provided to party giving notices A DATED this day of r MVD-AMERT Sec eta ATT ST; f (r \at( k)Azs_ 91/41 By 'Went 1991, WASTE SY5TE S, INC. yfrgsez • RANCH EGGS NEIGHBOR.HOOD ASSOCIATION, INC. Colorado Corpo ation rot r_z-il-yr slaa3/4,0\ dia‘tuget y 5 arty, Pressden ry 2)4oceitugaria. II790 sus SfCE FtC Drumm FLAN SPECIAL MEW PERMIT DEVELOPMENT ENVIRONMENTAL RIMING AND SCUD WASTE DISPOSAL, SITE AND FACILITY IJSR-925 1. The site specific development plan and spacial review p. dit is far an environmental recycling and solid waste dispose' site and facility to be operated from 6:00 a.m. to 8:00 p.m., Monday through Saturday. The facility shall be operated in accordance with the 'applicationmaterials ateriala an file with Veld County, and subject to the development standards stated hereon. The applicant and/or operator shall be responsible for constructing and operating in compliance with minims standards pertaining to the Colorado Solid Waste Disposal Sites and Facilities Act and Applicable Federal Laws. The applicant axtd/or operator shall be responsible for complying with the terns of the agreement signed wt July 11, 1991 between tha Ranch Eggs Neighborhood Association, Inc.. , and )Lid - America Waste System, Inc . , except that Item lihssbuts 6 and 7 of the agreement ate excluded from these development standards. Weld County is not a parry to the egresment and is not intending to create any third party beneficiaries ass result of incorporating any parr of tbs. are erne of July 11* 1991. .2. Approval of this plan say create a vested property right pursuant to Article 68 of ticle 24, C. 9.6 . , es amended, provided all surds and conditions are in compliance_ 3. The recycling facility shall be constructed and operational before any waste materiels are accepted at the site. 4. Only nou.hassrdous and nonaradioaetive household, industrial, and commercial solid waste approved by the Colorado Department of Health and Weld County Health Department shall be accepted. go liquid waste of any nature, Luc luaus semi -solid a f edge s , dente:title sewage s Ludge , and domestic septic sludge 'hell he accepted. 5. A manager, knowledgeable In operating a solid waste disposal site and facility, shaL1 be an the site Monday through Saturday from 6:00 a.m.. co 5;00 p.m. An up to date list of all managers .hats. be prided to the Weld County Health Department 6. The maximum size of the working face of the disposal site mall not exceed 150 feet in width and 12 feet in depth at any point in time. 7. All waste received at the facility shall be inspected by ail practices means available to insure appropriate motes ere being disposed at the facility. 8. There shall be a singls point of ingress and egress to the facility located on Weld City Mad 5. The approved o f f emits road maintenance and improvements agreement shall identify the haul route. Veld County Road 7 'hall not be used *o a haul routQ a 01/15/19% 92: +4o 3936653557 TOWN " ERIE PAGE 02 TO: FROM: DATE; ORIGINATING DEPARTMENT; PRESENTER: SUMMARY: lefEMORAPIDIN PIAAWINO & ZONING COMMISSION Date: 1996 PLANNING St ZONING C. M I I N Gary West, Community Devekvment Director November I, 1'x6 Community Development Gary West, Community Developmaxt Depaiment This will be the Commission's first opportunity to ccesider a somewhat technical question reputing thc Sanifill Landfill in the past, the Commission has considered only the annexation of the prnpaty In this instance, the NU is being asked for its recoininendations on Smell's proposed "Special Acceptance and ReVieW P10$111171 " nlls telieW cis as a "change to the DeVelCrinent Guide" as provided by the Zoning Code for a Planned Development (Oni. 408, See 4 17 B, 4) e following is a brief backround for the new members. We =mod the ', landfill to the Town earlier ibis year, It is one of two active landfills iii the Erie szea, the other bang Laidlaw► at the corm of WCR S and WCR 6 Smell is operating undert "Landfill Design, Operation, and Closure Flan" approved by Weld County in 1991 for Ted Lyn, Environmental Recycling and DimCo. (ERE) During the County hearings Zigan made several consmitments repress the niliteriBIS that the land fill would accept The Ranch Eggs bor d Association, the homeowners group in the yea, a write agreement with Mid Ant n Waste Syne, Inc., the p ring company fx the laridfin This agreement was incorporated for the most part in the "SiteSpecific Development flan, Spy Review Permit" approve. by the County When the Town the loyalty, the "Site Specific Development Flan, Spec M Review Pen*" became the Town's "Development Gam" for the fannedDevelopment zoning for the pwpaly We provide copies of this background material in your paces. The "Special Waste Acceptance Review Program" is a method used by minty landfills to avoid delays so pining approval from the state and local regulators for waste streams that fail outside the motion of normal household, co4nimacial and industrial wa es,. 'Special waste' is defined by the State regulations as " . solid waste that may require ;he=ld' tmalysis before acceptance or Much may ram, special handling or disposal procedures. pe was include, but arc not hmited to asbestos, built ties or other bulk frnateriiis,, b►lomedleal wage, sledges and hated ?'The "Special Waste Acceptance end Rcview altWiNOISSIPIPaamiNIONIspoitoramimasimomp t Iindeedens Piertoksig wS.N Wan sod ific6 CCR S $73', Ogee& Dereitint ' NM snit Etivorcennost, Revised Ntsvanber 3% 19'x,p t4 01/15/1996 02:48 3036653557 TCKAIN OF ERIE PAGE 03 Program" is a seiremonitoring system of classifying and awing the acceptof *special waste streams{' by the landfill. WIthout the stem each "special waste stream* would require specific approval by the state health department and the Town, which is a timaiweonsumilg process. Control over the process is maintained by the requitement for the minntenanee of ids, for quaintly inspections of more by 60 state and Town officials, and teals of any questionable waste stress to the state and local regulators, From the technical side, the proposed "dial waste phone c+rte to the standard "special waste program" used by most landfill operations. Tbe attached letter from Tina J Weld County Health Department, the Town's technicid consultant suggests a few minor changes to the proposal. We anticipate that we will receive a second letter ofrecommendations from the State Health Department before the Thursday meeting. These recommendations shy be combined and incorporated into the Commission's recommendations to the ward of Trustees. The Pig Staff also has sew& q , the response to which may suggest motional recommendations. The questions are as foil I . Ps 8, Section 8.6 appears to have a several mining words in the seventh $.111011CO, bet+ "given" and "insufficient " . Pi 8, Section 8.6 does not ponide for a revue of the "special waste steam?" by the Slate Health Deparonent or the Town those instances where the special waste stream is "mintitidly noon hazardous, um -typical or contains high ecocaltrations above specific limits" the State and Town should be involved in the approval press. Pg. 10, motion 9.3 discusses the testing of random samples taken the ".dial qty steam" That is no indication whether the testing will be done onesite or sent out to a laboratory, If the testing is not done o. -site, were and how win the tustairti be std until the test results are obtained? 4. Pg l 1. Section 9.3,E Issas the g for"reactij (a ' , )." is the laboratory testing adequate to detamine the reactivity with rainwater / to? 5. Pg. 12, Section 10.13 discusses the actions taluzi when there is a failure °realistic tenting." The text does not imitated what "on-sits*r tests will be conducted that will result in a refusal to accept the waste. The second ern that the planning stie `has regarding the "Spy Waste Acceptance and Review pram" lies in the policy areas of what i s are included under the "Special Waste" umbrella and what prior commitments made to the Town and area residents through the + t 'a Site Specific Development Plan and to area residents through the Ranch Eggs Neishbatccti Agreement. "Special waste" in the "Special Waste Acceptance and drew Program" proposed by Sanifill m " any $01040lid Of solid material and associated 'containers d as a direct result of an indostla1, commercial, manufacturing or proconsuls operation; chervil ally or petroleum contaminated or material as specified in Table 12; any waste water treatment redo; any waste elastried as a "speciar or tegulated as. such ,► Cokrado Of other regulatory icy; ineineratee and lb ash; agricultural byproduct waste, awe thable asbestos* auto fluff and she waste or any waste generded bY the oil and gas indasur it "Tate f sett "socanableasastaticisn cos "'Taal PitroinstilyiktabonsMO" an km than >0,000 ppm", Tait nits ate "A tabkpnam Stse i�r Liar "Ober sod t q*uc chess +C res hi" at `{Wean*ftaal't, as d by 40 tit Past 2+ 1negotiate rs 2 01/15/19% 02:40 3036653557 TOON or ERIE PAGE 04 The current 'Landfill , Operation and Closure Plan" for Somali allows the disposal of anon - hams and nonaradtbactive household, mdustrial and commercial solid waste apps by the Colorado Dcpariment of Health and the Wald County Health Department," Also, the plan restricted several types waste "No wastes classified as containing asbestos 11be accepted, at the site. Fuel ccelantnitted soils or soils containing other known industrial contaminates of be accepted at the sites The Ranch Eggs Neighborhood Agreement prohibits the acceptance of "infectious, autodaved, hazanious I' liquid waste " incinerator and fly ash'. disposal were not mentioned in the eaignal certification documents for the landfill However, State regulations require the landfill to be "approved anddesignated"' to take solid waste incinerator ash on a "continuous basis ,"' The state also has specific regulations regarding "water treatment plant sladgetieceptance and "asbestos disposal as " You may expect several residents surroundingthe landfill to be present at the hermit, Trevor Mica from Well County Health Department and Stephen Laudation ofthe State Health Department will be present to provide i n format at the technical sue. RECOMMENDATION: Staff reconwnends that the Planning & Zoning Commissionforward a tteoromendation of approval of the `Special Waste Acceptance sod Review ,. " th the following conditions to the Board of Trustees' l Page 1, Section 1.0, states that "Any modifications to this program most be coordinated with and approved by the Vice President of nvk n taligi ' ," This sentence is to be =aided to state "Any modifications to this provam must be coordinated with end approved by the Vice Presidcrit of EnvironmentaliEngjneering, the Town of Erie and the Colorado Department Public Health & Environment SRI° 2. Pose 2, Section 3,1 is to be amended to read as follows- sr "Special Waste" means a solid waste that anireiggt CIO Tolifigs6, 137425; Adopted by Dad of Cower eveutossioners, Wald Cook, July 22, 1991; hicaporatoi a t0 tiMeUtteil Agiventratt bowmen the Town ofErie end Small qft+olar dc4 lee, Maly $, 1996, p 1, item fa 4 Litatri DIOS Opnatiera sof etas floifor gee itrepotediteitsommiSityclow eild bins Co ''eta* in min* r Con* Coterodot Ki) it Whiter,, 630 Assoni Way. Lil swo* CO NUS, 1990; Adivted by Ikea 91 / Cominisicitaste Weld County, July 22, 1991, an e. Annoutioa Ainamd, bans to Tovitt of tate ad $sn5l$ a'C+ raduu lee flaw 3, t996., 39. a i'e #49tn#Raab 4p IgeObovilroodAnsPdosims, Brae, July 11,,1991; lecomicsa by ntateas at al airlifts& b.a liofaagni flw Reirtirrinna aware re, aniriormseitei Acithv +orwl Daresid Codiragy, CIO Ted aptT us, mid by Haws &County Commissionors, W& Coady, My x3,1991; hicaporded S Annualton Aeneas beam the Tarn ofEat and knurls ultolorado, i'., &WI May 3, 1996, p.2, kdttcn h. 7 Revaliffions Fad es Spat Wows Pena aaer end F edikaird Cat JS .,J„ t 1d t The p pr. 100 9 !bid pi 6& SO % Maki Lae to David M Hall, USA Wage deolernitto. potobir , 19% p.1 3 I 91/25/2996 02:'48 3036653557 TCX44 OF ERIE PAGE 05 a may require chemical analysts before acceptance Lance or which may require, special b daing or disposal procedures, Special waste shall ,riot include wastes classified Dui asbestos, fuel contaminated SON or soils containsag other known industrial contaminates, ask infectious, autoclaved, Wia um or liquid wester 3. Pape 2, Section 3 2, states "construction and demolition debris that is not defined as a "special waste" by an existing state program " Ilus is to be amendod to state "construction and demolition debris that is not dermal as a "special Waste" by the Regulations Pataming to Solid Wye Disposal Sites and Facilities (6 CCU 1007e2) "U 4 Page 5, Section 6.2 1, teferimasiriables asbestos, chemical c petroleum contaminated soils, incinerator ash, liquid waste and wastewater treatment sludget We should delete these reiertuces as they are not permitted waste streams the existing "Landfill Design, ration and Closure Plan " 5 Pagei t, motion 9.4, states the " Fingespinting Worksheet as presented w App' E 0 This should be amended to smote" Futsetwinting Worksheet as panted in Appendix I) "11 64. Page 12, motion 1 O , states 'A load Rejection Rat (Appendix F) .. " This should be meted to state "A load Rejection Report (Appendix B) 7 That we impose the =& s identified in its I and 4 until the Ranch Eggs Naghberhood Agreement has been t to name the cunent restrictions on the type of waste to be +c t at the landfill and the mac'!"'snail Engineering and Opuations Report" has been approved by the Board of Trustees That additional condition based upon the hearing be recommended as may be appropriate. SUBJECT; Pubic Hearing Stanfill Special Waste Acceptance Program business Item B 1 lhap 1. 1 U p2 �aTaalp 2 TOWN OF ERIE 4 �� ' REPUBLICsir Arbor SERVICES, INC. January 22, 1999 I Eileen Perschbacher President, R.E.N. A. 3411 Johnsen Laite Erie, Colorado 80516 Dear Ms. P'erschbacher, JAN 2 8 1999 We would like to take this opportunity to Moult= ourselves. As you may not be aware, Republic Services, Inc. a lull service waste company, purchased all the assets pertaining to the Front Range Landfill. The landfill was required by law to be divested as a result of a corporate merger between USA Waste and Waste Management, Inc. Republic Services, Inc. operates solid waste landfills in 13 stales and provides collection and recycling services in 23 states We took operational responsibility for the Front Range Landfill on November 14, 1998 and arc diligently working to maintain compliance with all operational and environmental requirements and the transition of all permits, which honestly has absorbed much of our (line thus far. We understand from a TCViCW of the Ranch Eggs Neighborhood Association Agreement and related files, chat much has been done w fulfill the neighborhood agreement requirements. Although this transition is not yet coinpleted, rest -assured Republic Services, Inc. will continue to honor the terms of this agreement. The communities we operate in and our neighbors are important to us and we would like to develop a relationship based on open cotrttttuniCatien, shared respect and trust. Your opinion and recommendations will help us to understand how to promote community satisfaction and long term continued operations as a good corporate citizen. A copy orour rourtlx quarter 1998 operational monitoring report is attached for your review, We would welcome the opportunity to tweet al your convenience to discuss our present status and future. Please call us at 303-8284400 it`you have any questions or if there is anything we can do immediately. Sincerely, Republic Sergio Inc, Mark Clinker cc: Donna Mueller Vic Smith David Stahl Matt Davies JeirHunter TOWN OF ERIE BOARD OF TRUSTEE AGENDA ITEM Board"ISM Date: N�y 10, 2006 DEPARTMENT: PRESENTER: FISCAL INFORMATION: ORDINANCES: PUBLIC HEARING Consideration of Ordinance 23-2005: An Ordinance Of The Town Of Erie, Colorado, Approving An Amendment To The "Pe Planned Development For Industrial Uses As A Sanitary Landfill. Community Development Debra L Pearson Cost as Recommended: Balance Available: Budget Line item Number. New Appmplation Reguilets... - Dyes _ [ No 000 . 00 ss r000000 r 000000 STAFF RECOIRENDATION: See 3.0 SUMMARY AND BACKGROUND OF SUBJECT MATTER: STAFF FtE RT T LE OF C NTENTS 1.0 APPLICATION INFORMATION 2.0 30 40 540 6.0 7.0 8.0 9.0 MEETING PROCEEDINGS STAFF RECOMMENDATION PROCEDURE FOR REVIEW & RECOMMENDATION REVIEW AND APPROVAL CRITERIA 5.1 Whether the application is In compliance with the requirements of this chapter. (idle 1D-5-9 A) 52 Whether the proposed zoning Is compatible with the surrounding land uses. (Tide 10fr3 B) 5.3 Whether the subject land Is suitable for the intended use and Is compatible with the natural environment. (tItle 1043 C) 5,4 Whether the planned development provides for unified development control under a unified a plait (Title 1033 D) Si Whether the planned development is compatible with the comprehensive plan and related plans and documents. (Ord. 602.7•Z3-4996) Title i0fr3 E) SUMMARY OF HEARINGS AND MEETINGS TO DATE PROJECT DATA PROJECT HISTORY AMENDMENT AND REVISION REQUESTS 9.1 DEVELOPMENT PLAN AMENDMENT 92 REVISED ENGINEERING DESIGN AND OPERATING PLAN (EDOP) AMENDMENT 9.3 REVISED DEVELOPMENT STANDARDS 1 TOWN OF ERIE BOARD OF TRUSTEE AGENDA ITEM Board Meeting Date: May 10, 2005 Staff Response: The applicant and KMG executed a surfer use agreement dated J +, 2004 REM Board of Wait The Landfill has not provided sufficient jusltflcathn to RENA for the proposed change in operation tivurb - concerned for unacceptable increase In noise levels. I) Request that the current Limitations on Operation, Item 5(a) of the Neighborhood Agreement, remain in place. 2) It is the position of the Board that the requested charges by the Landfil in Operations violate in spirit if not law, Item 5(c) of the Agreeniant which states that the landfill may not "accept for disposal at the sold waste disposal site any infechoust autoclaved, hazardous or liquid waste products.' The Board feels that acceptance of friable liquid waste, and fty ash into the facility vblates the Agreement. Staff Response: The applicant has withdraw? the request to expend hours of operation - the Neighborhood Agreement is a private document between the RENA Board imid the Lana, therefore the Totwi may not intercede with the fens of the Agreement 12.0 STAFF PREPARED PLANNING NING COMMISSION RESOLUTION AND RECOMMENDATION WITH "TRACKING CHANGES" AS MOTIONED BYTHE PLANNING COMMISSION RESOLUTION NO. P0547 A RESOLUTION OF THE TOWN OF ERIE PLANNING COMMISSfoN RECOMMENDING APPROVAL OF THE APPUDATtON SUBMITTED BY REPUBLIC SERVICES, LLC, TO THE BOARD OF TRUSTEES FOR AN AMENDMENT of THE EXISTING DEVELOPMENT PLAN, REVISED ENGINEERING DESIGN AND OPERATING PLAN (EDOP) MO REVISED STANDARDS, ADOPTING CERTAIN FINDINGS OF FACT AND SETTING FORTH CONDITIONS OF APPROVAL WHEREAS, the Planning Commission of the Town of Erie, Colorado, received an application from Republic Services on April 4, 2002; arid, WHEREAS, the Planning Commission has reviewed the application and held public hearings on four separate occasions, November 1T} 2004, December 1, 2004, January 26, 2005 and February 23, 2005, and one Study Session held January 17, 5; and WHEREAS, the Planning Commission has been charged to make a recommendation to the Board of Trustees on said application. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE TOWN OF ERIE, COLORADO, as lows: soon 1. The Planning Commission makes the following findings of fact: The Planning Commission Fib that the application for amendment of the Ply Development is in compliance with the criteria for approval as set forth in Tide 10-5-3 of the Town of Erie Municipal Code. 19 To Whom It May Concern, We are opposed to U RI 9-0032 for the reasons below. Once again, our community is in danger of another incroachment on our quiet neighborhood. Putting this facility in off County Road 7 something we are opposed to. Why do we have to suffer to make things easier and more convenient for the oil companies and the Landfill. Our area is being ruined by the companies. We must tollerate the trucks, noise the rattle of our homes, road dust, road kill, not to mention just trying to cross our street to pick up our mail. It offers no benefit to us. We have ri.ts too. We are an older small rural neighborhood. We don't have sidewalks, berms or anything else to protect us for additional traffic. Truck or otherwise. We live on a narrow two-lane county road. With a very small shoulder. There are barrow ditches on the sides of our road. It is difficult to to cross the street to get our mail or pull out of our driveways. We have school bus stops along our road will little room for the kids to stand while they wait. Increasing the traffic on our road will make biking, horseback riding or even walking dangerous. Our road is not constructed to hold up to the weight of trash trucks. Our road has deterioated will the oilfield traffic. Further stress on our roads will make them unsafe. Although they will be instructed to use Road 7 from the north, I fear they will use our road if it is more convenient for them. We see this all the time with trucks from trash truck companies using our road. We have called the landfill and the actual companies of the offenders. Why not have the trucks enter and exit on the west side? Sheridian and Road 5 are designed for the Landfill traffic. To us it makes sense to keep all Landfill traffic there. They have sidewalks, grassy knols and berms to sheild them from the trucks. We have none of that and barely a shoulder to walk on. Kind Regards, Kay and Gary Goldermann 3673 County Rd. 6 Erie, CO 80516 303 817 2046 EXH I BIT /6-- 03e* Erie Hauling Facility Weld County Planning Commission V 4 4 S Hauling Facility Information Proposed hauling facility would be located on the 10.8 acre tract of land. The hauling facility will house the waste collection vehicles at the end of each day once the waste collection route has been complete. No solid waste will be stored at the facility. The main building at the facility will include a maintenance area (9,600 SF), office areas (3,300 SF) and meeting areas (2,000 SF). Site will also include employee parking, truck parking, truck wash, container shop, fueling area, and storage area. Why is This Facility Needed? Weld County and the surrounding areas continue to grow (average growth of approximately 3% per year). The existing hauling facility operation is quickly becoming too small to service the needs of the area. This facility will be able to ensure that the needs of the growing community continue to be met. Surrounding Area Land Use Surrounding land use includes the existing Front Range Landfill west and north of the site; an 8 -acre parcel owned by United Power; a multi well oil and gas lease south of the site; residential east of the site. Traffic Flow • • • • Access to the hauling facility will be exclusively from the north side of Weld County Road 7. Trucks will enter the site from Weld County Road 7 and will exit northbound on Weld County Road 7 to Erie Parkway. Waste collection truck trips are anticipated to be approximately 50 trucks per day (one-way traffic volume). Waste collection trucks will typically leave the site in the morning and return once their route is complete (typically as early as 1 pm and as late as 5 pm). Benefits of the Facility Development of the hauling facility will ensure that the continued waste collection services of the growing area are met. The facility is being developed to include a renewable fuel truck system. Development will allow for the continued conversion of trucks to renewable fuel. Proposed Alternate Entrance 4 1 I c ..— aOWi IMP Ul-iMPPBimp as iii MIMS St. L U asa sag ass a7■ I— sss—ar *S i I I I a i 4 toisk._ NS oh IIIMIMMle Sea MUM n wit SW Malt0 NU M I- it la Were Y al -a -K 7 O*1.�1 i wow . -mow t a weaver Conseitants Group PEW mil r. type PROPOSE)) ALTERNATE at Kauai MUM' . Ina Clan, GALA It i DRAWING 1 Hello