HomeMy WebLinkAbout20193318.tiffEXHIBIT
BEFORE THE WELD COUNTY, COLORADO. PLANNING COMMISSION
I
(l5'
A
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Michael Wailes. that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR19-0032
FRONT RANGE LANDFILL INC
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND SITE SPECIFIC DEVELOPMENT
PLAN FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (OFFICE AND MAINTENANCE BUILDING ALONG WITH FUEL
STORAGE AND FUEL STATION FOR COMPANY VEHICLES, TRUCK PARKING
AND STORAGE (INCLUDING DUMPSTER AND ROLL -OFF CONTAINER
STORAGE), A CONTAINER SHOP AND A TRUCK WASH) PROVIDED THAT THE
PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION
PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY
REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL)
ZONE DISTRICT.
PART OF THE SE4 SECTION 28. Ti N, R68W OF THE 6TH P.M.. WELD COUNTY,
COLORADO.
WEST OF AND ADJACENT TO CR 7; 0.5 MILES SOUTH OF CR 6.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20.G.2 (A Policy 7.2) states: 'Conversion of agricultural land to nonurban
residential, commercial and industrial uses should be accommodated when the subject site is
an area that can support such development, and should attempt to be compatible with the
region."
The majority of the site is delineated as "Irrigated land Not Prime". The property is not in
agricultural production. Conditions of Approval and Development Standards (including
maximum noise standards and a Lighting Plan) are attached to address impacts associated
with the proposed use.
Section 22-2-20.1 (A.Goal 9) states "Reduce potential conflicts between varying land uses in
the conversion of traditional agricultural lands to other land uses."
The proposed use is in an area that can support this development and the existing screening,
the Development Standards, and the Conditions of Approval will assist in mitigating the
impacts of the facility on the adjacent properties and ensure compatibility with surrounding
land uses and the region.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
Section 23-3-10 - intent states "The A(Agricultural) Zone District is also intended to provide
areas for the conduct of Use by Special Review which have been determined to be more
intense or to have potentially greater impact than Uses Allowed by Right."
The facility location is based on proximity to the existing landfill (Erie Landfill). The proposed
facility will serve as a support hauling facility for the landfill. The attached Conditions of
Approval and Development Standards (including a Landscape and Screening Plan, Lighting
RESOLUTION USR19-0032
FRONT RANGE LANDFILL INC
PAGE 2
Plan, Emergency Action
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The proposed facility borders the Erie Landfill (annexed to the Town of Erie) to the north and
west. Additionally, a Town of Erie water storage facility is located to the west along with an oil
and gas production facility (oil and gas production facility for up to eight oil and gas wells) to
the southwest. Two residential properties are located immediately to the east (across County
Road 7). One additional residential property is located to the north and six (6) additional
residences are located further to the south along the east side of County Road 6.
Two letters of concern/objection have been received. One letter expressed concern/objection
with the amount of traffic and impacts (damage) on County Roads (principally County Road
6) and lack of compatibility with the area.
Another letter of objection was received objecting to the stockpiling of dirt on the property
(blocking views to the west). A complaint was sent to the Department of Planning Services
(Code Compliance) in November 2018. Compliance staff and the Weld County Oil and Gas
Liaison investigated this complaint and the oil and gas operators on -site indicated it was not
associated with their operations. Staff could find no evidence of that the site was being
utilized as a landfill. Therefore, the violation was closed in November of 2018. Additionally,
the proposed USR site will be located on a separate property/location (to the north) of where
this is located.
The Conditions of Approval require that the applicant submit a Landscaping/Screening Plan
and a lighting plan. The Development Standards and Conditions of Approval will assist in
mitigating the impacts of the facility on the adjacent properties and ensure compatibility with
surrounding land uses and the region.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities.
The site is located within the three (3) mile referral area of the Town of Erie, City of Dacono,
City and County of Broomfield and City of Broomfield. The site is not located within an urban
growth boundary and Cooperative Planning Agreement (IGA) boundary. The Town of Erie in
their referral comments, dated July 3, 2019. The Town of Erie is requesting that the applicant
share in 50% of the cost of the proposed traffic project at County Road 7 and Erie Parkway
(County Road 8). The Town of Erie is also requesting that the applicant complete the paving
of County Road 6 between County Road 5 and County Road 7. Finally, the Town of Erie will
be working with the applicant to determine a crossing for a storm sewer line over the existing
Town of Erie water transmission line on County Road 6. The site borders county -maintained
right-of-way (County Road 7). County Road 7 immediately to the north of this property has
been annexed to the Town of Erie. A condition of approval requiring the applicant to attempt
to address the conditions of the Town of Erie has been attached to this recommendation.
No referral comments have been received from Dacono, Northglenn, the City and County of
Broomfield and Adams County.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the
Weld County Code.
The property is not within the Geologic Hazard Overlay District, a Special Flood Hazard Area
or the Airport Overlay District.
RESOLUTION USR19-0032
FRONT RANGE LANDFILL INC
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Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The proposed facility is located on approximately acres delineated as "Prime" and "Irrigated
Land Not Prime" per the 1979 Soil Conservation Service Important Farmlands of Weld
County Map. The majority of the site is delineated as "Irrigated land Not Prime". The property
is not in agricultural production.
G. Section 23-2-220.A.7 - There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section
23-2-250, Weld County Code), Conditions of Approval and Development Standards can
ensure that there are adequate provisions for the protection of health, safety, and welfare of
the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. An Improvements and Road Maintenance Agreement is required for off -site improvements at
this location. Off -site improvements include a right-hand deceleration lane for southbound
traffic entering the access. Road maintenance includes, but is not limited to, dust control and
damage repair to specified haul routes. The Agreement shall include provisions addressing
engineering requirements, submission of collateral, and testing and approval of completed
improvements. (Department of Public Works)
B. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required. (Department of Public Works)
C. The applicant shall submit a Lighting Plan for review and approval by the Department of
Planning Services. (Department of Planning Services)
D. The applicant shall submit a Screening/Landscape Plan that screens the site from the
Surrounding Property Owners and the right-of-way. The plan shall include landscape irrigation
and maintenance. (Department of Planning Services)
E. The applicant shall attempt to address the comments of the Town of Erie as stated in their
referral dated July 3, 2019. Written evidence of such shall be provided to the Department of
Planning Services. (Department of Public Works)
F. The applicant shall submit a shared well agreement for review and approval by the Department
of Planning Services. (Department of Planning Services)
G. The plat shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR19-0032 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
RESOLUTION USR19-0032
FRONT RANGE LANDFILL INC
PAGE 4
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. The applicant shall delineate on the map the trash collection areas. Section 23-3-350.H
of the Weld County Code addresses the issue of trash collection areas. (Department of
Planning Services)
5. The map shall delineate the landscaping and/or screening. (Department of Planning
Services)
6. The map shall delineate the lighting which shall adhere to the Weld County Code.
(Department of Planning Services)
7. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2
and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of
Planning Services)
8. The map shall delineate the parking area for the vendors, customers and/or employees.
(Department of Planning Services)
9. County Road 7 is a paved road and is designated on the Weld County Functional
Classification Map as an arterial road which requires 140 feet of right-of-way at full
buildout. The applicant shall delineate and label on the site map or plat the future and
existing right-of-way (along with the documents creating the existing right-of-way) and the
physical location of the road. All setbacks shall be measured from the edge of right-of-
way. This road is maintained by Weld County. (Department of Public Works)
10. Show and label the approved access locations, approved access width and the
appropriate turning radii (60') on the site plan. The applicant must obtain an access
permit in the approved location(s) prior to construction. (Department of Public Works)
11. Show and label the approved tracking control on the site plan. (Department of Public
Works)
12. Show and label the entrance gate if applicable. An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event, shall the distance from the
gate to the edge of the traveled surface be less than 35 feet. (Department of Public
Works)
13. Show and label the accepted drainage features. Stormwater ponds should be labeled as
"Stormwater Detention, No -Build or Storage Area" and shall include the calculated
volume. (Department of Public Works)
14. Show and label the drainage flow arrows. (Department of Public Works)
15. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
16. The shared well agreement shall be referenced on the USR map. (Department of
Planning Services)
17. Show and label all recorded easements on the map by book and page number or
reception number and date on the site plan. (Department of Planning Services)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy
(.pdf) of the plat for preliminary approval to the Weld County Department of Planning Services. Upon
RESOLUTION USR19-0032
FRONT RANGE LANDFILL INC
PAGE 5
approval of the plat the applicant shall submit a Mylar plat along with all other documentation required
as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the
requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional
requirements shall be submitted within one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat
not be recorded within the required one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution, a $50.00 recording continuance charge shall be added for each
additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special
Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a
defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane
Colorado North FIPS 0501 (US Feet).... etc.). This digital file may be sent to maps@co.weld.co.us.
(Department of Planning Services)
5. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required.
(Department of Public Works)
B. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
6. Prior to Operation:
A. Accepted construction drawings and construction of the off -site roadway improvements are
required prior to operation. Off -site improvements include a right-hand deceleration lane for
southbound traffic entering the access. (Department of Public Works)
B. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency
Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility
operator, the Fire District and the Weld County Office of Emergency Management. Submit
evidence of acceptance to the Department of Planning Services. (Department of Planning
Services)
7. Prior to the issuance of the Certificate of Occupancy:
A. An On -Site Wastewater Treatment System (OWTS) is required for the proposed facility and shall
be installed according to the Weld County On -Site Wastewater Treatment System Regulations.
The OWTS is required to be designed by a Colorado Registered Professional Engineer according
to the Weld County On -Site Wastewater Treatment System Regulations. (Department of Public
Health and Environment)
8. The Use by Special Review is not perfected until the Conditions of Approval are completed and the
map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on the
property, until the Use by Special Review map is ready to be recorded in the office of the Weld County
Clerk and Recorder or the applicant has been approved for an early release agreement. (Department
of Planning Services)
Motion seconded by Bruce Sparrow.
RESOLUTION USR19-0032
FRONT RANGE LANDFILL INC
PAGE 6
VOTE:
For Passage
Bruce Sparrow
Michael Wailes
Lonnie Ford
Elijah Hatch
Against Passage Absent
Bruce Johnson
Gene Stille
Richard Beck
Tom Cope
Skip Holland
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on July 16, 2019.
Dated the 16t" of July, 2019
Kristine Ranslem
Secretary
RESOLUTION USR19-0032
FRONT RANGE LANDFILL INC
PAGE 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Waste Connections of Colorado, Inc.
USR19-0032
1. A Site Specific Development Plan and Use by Special Review Permit, USR19-0032, for any Use
Permitted as a Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial
Zone Districts (Office and Maintenance Building along with Fuel Storage and Fuel Station for Company
Vehicles, Truck Parking and Storage (including Dumpster and Roll -Off Container storage), a Container
Shop and a Truck Wash) provided that the property is not a Lot in an approved or Recorded Subdivision
Plat or part of a Map or Plan filed prior to adoption of any regulations controlling subdivisions in the A
(Agricultural) Zone District, subject to the Development Standards stated hereon. (Department of Planning
Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. The hours of operation are 5:00 a.m. - 5:00 p.m. Monday - Sunday. Night shift mechanical work will be
from 3:00 PM to 3:00 AM Monday -Sunday. (Department of Planning Services)
4. The number of employees associated with the USR will be a maximum of 65 (15 office staff and
maintenance employees and 50 drivers) as stated in the application materials. (Department of Planning
Services)
5. The parking area on the site shall be maintained. (Department of Planning Services)
6. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
7. The existing and proposed landscaping and screening on the site shall be maintained. (Department of
Planning Services)
8. The Property Owner shall maintain compliance with the lighting plan. (Department of Planning Services)
9. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15th of any given year signed by representatives for the Fire District and
the Weld County Office of Emergency Management to the Department of Planning Services.
(Department of Planning Services)
10. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-
100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface
and groundwater contamination. (Department of Public Health and Environment)
11. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes
specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment)
12. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate in
accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and
Environment)
13. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the
Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment)
RESOLUTION USR19-0032
FRONT RANGE LANDFILL INC
PAGE 8
14. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application
and obtain a permit from the Air Pollution Control Division, Colorado Department of Public Health and
Environment, as applicable. (Department of Public Health and Environment)
15. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
16. Adequate drinking, hand washing, and toilet facilities shall be provided for employees, at all times. Any
septic system located on the property must comply with all provisions of the Weld County Code, pertaining
to On -site Wastewater Treatment Systems. (Department of Public Health and Environment)
17. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of
Public Health and Environment)
18. For employees or contractors on site for less than 2 consecutive hours a day and 2 or less employees,
portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for
portable toilets shall be retained on a quarterly basis and available for review by the Weld County
Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in
Weld County and shall contain hand sanitizers and shall contain hand sanitizers. Portable toilets shall be
screened from existing adjacent residential properties and the public right-of-way. (Department of Public
Health and Environment)
19. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled off for
proper disposal. Records of installation, maintenance, and proper disposal shall be retained. (Department
of Public Health and Environment)
20. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance
with the Rules and Regulations of the Water Quality Control Commission, and the Environmental
Protection Agency. (Department of Public Health and Environment)
21. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment (CDPHE), Water Quality Control Division, as applicable.
(Department of Public Health and Environment)
22. All potentially hazardous chemicals must be handled in a safe manner in accordance with product labeling
and in a manner, that minimizes the release of hazardous air pollutants (HAPs) and volatile organic
compounds (VOCs). All chemicals must be stored securely, on an impervious surface, and in
accordance with manufacturers' recommendations. (Department of Public Health and Environment)
23. Secondary containment shall be constructed around tanks to provide containment for the largest single
tank and sufficient freeboard to contain precipitation. Secondary containment shall be sufficiently
impervious to contain any spilled or released material. Secondary containment devices shall be inspected
at regular intervals and maintained in good condition. All secondary containment will comply with the
provisions of the State Underground and Above Ground Storage Tank Regulations. (Department of Public
Health and Environment)
24. As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the
applicable provisions of 40 CFR, Part 112, shall be available. (Department of Public Health and
Environment)
25. Any contaminated soils on the facility shall be removed, treated or disposed of in accordance with all
applicable rules and regulations. All spills will be reported to local, state and federal agencies in
accordance with all state and federal regulations. (Department of Public Health and Environment)
26. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the
Weld County Code. (Department of Public Health and Environment)
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27. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to
Chapter 15, Article I and II, of the Weld County Code. (Department of Public Works)
28. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking. (Department of Public Works)
29. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
30. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an
approved Right -of -Way Use Permit prior to commencement. (Department of Public Works)
31. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
32. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit and
possible updates. (Department of Public Works)
33. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
34. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
35. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties. Sources
of light should not cause a nuisance or interfere with the use on the adjacent properties in accordance
with the map. Neither the direct, nor reflected, light from any light source may create a traffic hazard to
operators of motor vehicles on public or private streets. No colored lights may be used which may be
confused with, or construed as, traffic control devices. (Department of Planning Services)
36. Building permits may be required, for any new construction or set up manufactured structure, per Section
29-3-10 of the Weld County Code. A building permit application must be completed and submitted.
Buildings and structures shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County: 2018 International Building
Codes; 2018 International Residential Code; 2006 International Energy Code; 2017 National Electrical
Code; and Chapter 29 of the Weld County Code. A plan review shall be approved, and a permit must be
issued prior to the start of construction.
37. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code. (Department of Planning Services)
38. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public
Health and Environment shall be granted access onto the property at any reasonable time in order to
ensure the activities carried out on the property comply with the Conditions of Approval and Development
Standards stated herein and all applicable Weld County regulations. (Department of Planning Services)
39. The Use by Special Review is not perfected until the Conditions of Approval are completed and the map is
recorded. Activity shall not occur, nor shall any building or electrical permits be issued on the property,
until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and
Recorder or the applicant has been approved for an early release agreement. (Department of Planning
Services)
40. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by
the Weld County Board of County Commissioners before such changes from the plans or Development
Standards are permitted. Any other changes shall be filed in the office of the Department of Planning
Services. (Department of Planning Services)
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41. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal.
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state
face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational
plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology
and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development. Often times, mineral resource
sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected
property rights and mineral owners should be afforded the opportunity to extract the mineral resource.
42. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural
atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to
rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on
rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement,
silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities;
shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development. When
moving to the County, property owners and residents must realize they cannot take water from irrigation
ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses, including law enforcement,
ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and
families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not
provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in
rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by
necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open
burning present real threats. Controlling children's activities is important, not only for their safety, but also
RESOLUTION USR19-0032
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PAGE 11
for the protection of the farmer's livelihood.
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. July 16, 2019
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room. 1150 O Street. Greeley, Colorado. This meeting was called to order by Chair,
Michael Wailes, at 12:30 pm.
Roll Call.
Present: Michael Wailes, Bruce Sparrow, Bruce Johnson, Gene Stille, Tom Cope, Lonnie Ford. Richard
Beck, Elijah Hatch.
Absent: Skip Holland.
Also Present: Chris Gathman and Angela Snyder, Department of Planning Services; Lauren Light and Ben
Frissell, Department of Health; Evan Pinkham, Hayley Balzano, Evan Pinkham, and Mike McRoberts,
Public Works: Bob Choate. County Attorney, and Kris Ranslem. Secretary.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR19-0032
FRONT RANGE LANDFILL INC
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND SITE SPECIFIC DEVELOPMENT
PLAN FOR ANY USE PERMITTED AS A USE BY RIGHT. ACCESSORY USE OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (OFFICE AND MAINTENANCE BUILDING ALONG WITH FUEL
STORAGE AND FUEL STATION FOR COMPANY VEHICLES, TRUCK PARKING
AND STORAGE (INCLUDING DUMPSTER AND ROLL -OFF CONTAINER
STORAGE), A CONTAINER SHOP AND A TRUCK WASH) PROVIDED THAT
THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED
SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO
ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A
(AGRICULTURAL) ZONE DISTRICT.
PART OF THE SE4 SECTION 28, T1 N. R68W OF THE 6TH P.M.. WELD
COUNTY, COLORADO.
WEST OF AND ADJACENT TO CR 7; 0.5 MILES SOUTH OF CR 6.
Chris Gathman. Planning Services, presented Case USR19-0032, reading the recommendation and
comments into the record. Mr. Gathman noted that 15 letters of concern and opposition were received
regarding concerns including the stockpiling of material on this property associated with the adjacent landfill,
runoff into the ditch, how they deal with truck wash water, impacts to County Road 6, impacts on property
values, dust and traffic impacts on County Road 7; and using County Road 7 as a haul route. Mr. Gathman
said that the original questionnaire stated that they would be utilizing County Road 6, however, in
discussions with the applicant they have revised the application questionnaire to indicate that traffic will be
going north on County Road 7 up to Erie Parkway or County Road 8. County Road 6 will not be utilized as
a haul route for this facility. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards.
Hayley Balzano, Public Works, reported on the existing traffic. access to the site and drainage conditions
for the site. She added that they have been working on an agreement with the applicant on the access
location.
Ben Frissell. Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
(Tom Cope left the hearing at 3:51 pm)
Jason Edwards. 6420 Southwest Boulevard, Fort Worth, Texas, said that the hauling facility will house the
waste collection vehicles at the end of the day once the route has been completed. No solid waste will be
stored at the facility. The main building at the facility will include a maintenance area, office areas and
meeting areas. The site will include employee parking, truck parking, truck wash, container shop, fueling
area and storage area. Mr. Edwards said that the growth in Weld County has demanded this use of this
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facility and the existing facility is becoming too small. He added that the facility is being developed to
include a renewable fuel truck system. Development will allow for the continued conversion of trucks to
renewable fuel (compressed natural gas).
Mr. Edwards said that they are proposing a wood or metal fence along the property along with live screening
(evergreen). He said that they do not intend to use County Road 6. but rather go north on County Road 7
to Erie Parkway. He also stated that there is an agreement between the landfill and Ranch Eggs
Subdivision about access on County Road 7 and he noted that this facility is under Waste Connections
Colorado, Inc. which is a separate entity from Front Range Landfill who has the agreement with Ranch
Eggs Association. This proposed facility is an office and maintenance facility for Waste Connections. The
applicant is proposing to relocate their existing facility from their existing property currently located in the
Town limits of Erie (on County Road 1 north of Highway 7). The existing facility is on a smaller site (between
2-3 acres) and the applicant is proposing to relocate to this site (which is over 10 acres). The larger site will
provide for room expansion of the facility due to population growth which has occurred and future growth
in also to address future growth.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Sherri Struble, 3310 Johnson Lane. Erie, Colorado, stated that she lives in unincorporated Weld County
and is part of the Ranch Eggs Association. She cited Section 23-2-230.B.4 and said that burden is on the
applicant to show that this non -agriculture use of the land is appropriate for the area. She added that the
1991 Agreement was between Ranch Eggs Neighborhood Association and the landfill and prevents trash
truck use of County Road 7. She noted that the agreement didn't say just filled trash trucks and the point
was to keep the trash traffic off of County Road 7.
Commissioner Johnson asked what would make this case more palatable. Ms. Struble said that anything
needs to be done to alleviate the traffic issues. She asked if the landfill would guarantee that their
employees would approach from Erie Parkway or County Road 8 would be helpful then they wouldn't have
the trash trucks nor the personal transportation issues.
Chris Raimo, 914 CR 7, Erie, Colorado. stated that she lives in the Ranch Eggs Subdivision. She stated
that Mid -American who was the previous owner and all of the owners have honored this agreement and it
has also been incorporated into their EDOP. She referred to what could possibly solve this problem and
added that the applicant could abide by the agreement which there is one access to that property on County
Road 5. Erie also has an agreement for transportation agreement that has never been fulfilled, which is
the extension of Sheridan Parkway.
Commissioner Beck asked the County Attorney to explain how the Planning Commission are influenced by
this agreement. Bob Choate, County Attorney, stated that he disagrees with letter provided by Attorney
David Bower. He added that you can take it into account in how it relates to compatibility or that it would
be valuable in determining mitigation measures, but it is specific to traffic visiting the solid waste disposal
site and facility which is the subject of the certificate of designation and this site does not require that and
is not a solid waste disposal site facility. He said it can be considered for compatibility and mitigation, but
it doesn't prohibit the Planning Commission from recommending approval of this application.
Ms. Raimo said that the proposed hauling facility is in direct violation of the 1991 Agreement that the Landfill
made with RENA and the agreement was designed to keep the landfill traffic off of County Roads 7 and 6
and out of the Ranch Eggs community. She said that this industrial hauling facility is incompatible with
Weld County's Agricultural Goals and Policies and this proposed facility is in conflict of protecting the health,
safety, convenience and general welfare of the community. Ms. Raimo pointed out that Broomfield has
planned development east of and adjacent to the site for residential and open space. She noted that the
recent code changes through Ordinance 2019-02 removed this type of development through a USR permit.
Chad Judge, 806 Kohler Farms Road, Kersey, Colorado, said that the landfill has been there 28 years and
the town kind of grew to it so anyone in that area probably knew it was there. He said that truck traffic is a
nuisance and if there is a way to alleviate that he is in support of that. He is concerned with the water
issues and is also pro -business, so it makes sense to have the trucks after they dump to go right over and
clean out rather than pushing them to another location. He is not for or against this case, however he just
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wished to bring up come points. He asked the Planning Commission to take into consideration the truck
traffic and the public's best interest as well as the protection of water.
Calvin Hall, 1924 Carol Drive. Erie, Colorado, said that he lives in unincorporated Weld County on County
Road 6. He expressed concern regarding existing heavy traffic and the increased traffic, trash, erosion of
the road, and incompatibility with the neighborhood. He added that they are not supposed to use County
Road 6, but it is used for access to the dump.
Dee Trembath, 3376 Longview Road, Erie, Colorado, stated she is concerned with the traffic including the
traffic from the Encana site and expressed concern regarding the excessive speed and noise from jake
brakes. She also expressed concern regarding water contamination into their irrigation ditches.
The Chair asked the applicant to address the concerns.
Mr. Edwards said that there is no intent of using County Road 6 other than pickup of residential trash. He
added that the hauling route will be north on County Road 7 to Erie Parkway. Regarding contamination of
water, he said that all the maintenance will be done indoors and the water from truck washing area will be
contained. He added that the grading to the FRICO ditch is sloped away so if there were any spills it
wouldn't enter the ditch. Mr. Edwards said that there is residential on the east and to the south and an
existing landfill north and west. He said waste collection is never wanted but a necessary utility and
because of the growth Waste Connections needs to make sure that they are meeting the needs of the
community. He added that Waste Connections would be happy to talk to the residents to discuss their
issues.
Commissioner Johnson what the noise level is. Mr. Edwards said that the maintenance will be the only
noise and will be performed indoors so the noise will be eliminated. Mr. Johnson referred to jake brakes
and Mr. Edwards said that he will talk with Waste Connections about the use of jake brakes. Mr. Johnson
asked what the possibility is of having the access on County Road 5 rather than County Road 7. Mr.
Edwards said that it would not be great because the site north and west is all landfill so there is no free
space to create an access through that to this site.
Commissioner Sparrow asked what the service area is and how far the trucks reach out. Mr. Edwards said
that there is some variability depending on what contracts they have at the time. He added that it is probably
20 miles or more in some directions. Commissioner Johnson asked which direction most of the customers
are from. Mr. Edwards said that most are likely south moving north.
Sarah Phillips, 2573 South Xavier Street, Denver, Colorado, agreed that a proposed mitigation common
ground would be that employees could commit to a northbound only route. Commissioner Wailes said that
is a valuable thing in response to the neighbors, unfortunately there is no way for the County to begin to
enforce that. so he is reluctant to add that as a development standard. Commissioner Johnson disagreed
and said that it can be enforced when someone would make a complaint.
The Chair asked if there are any changes to the Resolution. Mr. Gathman noted that a referral was received
from Farmer's Reservoir and Irrigation and recommended attaching a condition of approval that would read
that the applicant shall attempt to address their concerns. He read their referral comments into the record.
Mr. Edwards said that they did receive a similar letter from FRICO on the recorded exemption application
and he added that they did reach out to FRICO and addressed their comments. The Chair added that he
doesn't see adding anything at this point.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Commissioner Johnson said that Staff has done a good job of reviewing this application. He said that in
looking at immediate proximity to neighborhood this is probably a palatable activity with it being adjacent to
the landfill. however, on the other hand he is not sure it is compatible with the overall growth of the
neighborhood.
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Motion: Forward Case USR19-0032 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of denial, Moved
by Gene Stille. Seconded by Bruce Johnson.
Commissioner Stille cited Section 22 and Sections 23-2-220.A.2 and 23-2-220.A.4 regarding compatibility
with future development as well as agricultural use and the direction of growth.
Commissioner Beck said that there are a lot of typical problems and tends to agree with the motion that
government is always behind the curve as far as having roadways to service what is going on. He added
that we keep adding traffic and not getting roads improved in time to handle them all.
Commissioner Sparrow referred to his question of the service area and said that it is appropriate for the
people in the area to deal with the trash in a 5 -mile radius, but the traffic problem with the way it is he is
concerned reaching out 20 miles or more.
The Chair called for the vote.
Vote: Motion failed (summary: Yes = 3, No = 4, Abstain = 0).
Yes: Bruce Johnson, Gene Stille. Richard Beck.
No: Bruce Sparrow, Elijah Hatch, Lonnie Ford, Michael Wailes.
Absent: Tom Cope.
Commissioner Sparrow added that he does think this is a good location and hopes that the County will
solve the traffic problem.
Since the motion failed, the Chair asked if there was another motion.
Motion: Forward Case USR19-0032 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Michael Wailes, Seconded by Bruce Sparrow.
Commissioner Wailes said that the applicant has met the criteria in Section 23-2-220.A of the Weld County
Code. He added that if you can't park a trash truck next to a landfill, he isn't sure where it can be parked.
The Chair called for the vote.
Vote: Motion passed (summary: Yes = 4. No = 3. Abstain = 0).
Yes: Bruce Sparrow, Elijah Hatch, Lonnie Ford, Michael Wailes.
No: Bruce Johnson, Gene Stille, Richard Beck.
Absent: Tom Cope.
Meeting adjourned at 7:11 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
4
ATTENDANCE RECORD
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