The URL can be used to link to this page

Browse Search

Home My WebLink About20193330.tiffHEARING CERTIFICATION DOCKET NO. 2019-94.D RE: 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 - FRONT RANGE LANDFILL, INC. A public hearing was conducted on October 2, 2019, at 10:00 a.m., with the following present: Commissioner Barbara Kirkmeyer, Chair Commissioner Mike Freeman, Pro-Tem Commissioner Sean P. Conway Commissioner Scott K. James Commissioner Steve Moreno Also present: Acting Clerk to the Board, Selena Baltierra Assistant County Attorney, Bob Choate Planning Services Department representative, Chris Gathman Public Works Department representative, Evan Pinkham Health Department representative, Ben Frissell The following business was transacted: I hereby certify that pursuant to a notice dated June 25, 2019, and duly published June 28, 2019, in the Greeley Tribune, a public hearing was conducted on July 31, 2019, to consider the request of Front Range Landfill, Inc., for 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. At said hearing the matter was continued to August 14, 2019, to allow adequate time for the attorney representing the surrounding property owners to be present, and then again on August 28, 2019, to allow for review by a full quorum of the Board. On October 2, 2019, Bob Choate, Assistant County Attorney, made this a matter of record. Chris Gathman, Department of Planning Services, presented a brief summary of the proposal and explained the applicant had applied for a Recorded Exemption (RE) to split the lots, which had been conditionally approved. He stated the site is approximately 10.5 acres and indicated the applicant proposed up to 15 personnel for office staff and mechanics, and 50 truck drivers ac.: PI-CCGITP), Pc.(£P), EHce -) oti30/ao 2019-3330 PL0306 HEARING CERTIFICATION - FRONT RANGE LANDFILL, INC. (USR19-0032) PAGE 2 associated with the site. He provided the hours of operation and mentioned the correspondence the applicant had with the Ranch Eggs Neighborhood Association (RENA). He stated the applicant plans to access the site on County Road (CR) 5, through the landfill; however, there will be employee vehicles accessing the site on CR 7. Mr. Gathman explained the applicant had an agreement with RENA (Exhibit AL) and summarized the content of the agreement. He stated the applicant was proposing to use a commercial well located across from the proposed property, and noted a well agreement will be required. He described the correspondence that had been received prior to and after the Planning Commission (PC) hearing, and reviewed the referral received from the Farmer's Reservoir and Irrigation Company (FRICO). In response to Chair Kirkmeyer, Mr. Gathman clarified the applicant was proposing to move a portion of the ditch and was negotiating with FRICO. In response to Commissioner Conway, Mr. Gathman further explained the negotiations and their hope to begin construction at the end of the year. He entered the favorable recommendation of the Planning Commission into the record as written, and reviewed the inclusions of the Conditions of Approval (COA) and Development Standards (DS). There was brief discussion concerning an operating agreement between the applicant and RENA and he presented images of the site and surrounding views. In response to Chair Kirkmeyer, Mr. Gathman indicated the applicant does not own the entire 150 -acre lot and referred further clarification to the applicant. He explained Waste Connections will purchase the property from Front Range and they are in the process of applying for the RE to relocate. le Evan Pinkham, Department of Public Works, provided a brief overview of the transportation plans and requirements, and reiterated the use of the accesses on CRs 7 and 5. In response to Chair Kirkmeyer, Mr. Pinkham clarified the vehicles will be traveling north and south on CR 5. He provided the latest traffic counts, average speeds and trips, and explained the traffic counts on CR 7 will trigger deceleration lanes. He indicated an Improvements and Road Maintenance Agreement will be required (COA #1.A) and construction drawings are required prior to operation (COA #6.A). He stated a preliminary drainage report had been submitted and presented the drainage and grading requirements. In response to Chair Kirkmeyer, Mr. Pinkham clarified the traffic counts specific to vehicle trips and trucks. Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer provisions, and reiterated there will be up to 15 employees on the site with additional truck drivers. He indicated the applicant is proposing use of an existing commercial well and will obtain a shared well agreement. He stated the site will be maintained by an on -site engineer, mentioned the applicant is proposing to have washing of vehicles on the site and indicated the wash well will be kept in a vault. Mr. Frissell stated the applicant is additionally proposing the use of a fuel tank, which will require a Spill Prevention, Control and Countermeasure (SPCC) Plan. He noted DS #12-36 address Environmental Health (EH) items. Mark Adams, Waste Connections, represented the applicant and reviewed the site plan. He indicated the site was not a part, or an expansion, of the adjacent landfill, provided the facility description, and explained the inclusions and exclusions of the application. He described the site layout, including the parking area, truck wash, and storage container. He explained the site selection and location suitability, and described the surrounding land uses, including the proximity to Interstate 25 (1-25) and the RENA community. He explained the location of the landfill operations and referenced an existing Waste Connections facility as an example of the minimal impacts of a hauling operation. He stated Waste Connections agreed to construct a road through 2019-3330 PL0306 HEARING CERTIFICATION - FRONT RANGE LANDFILL, INC. (USR19-0032) PAGE 3 the landfill property to direct all truck traffic to access CR 5 and explained truck routes and impacts. He reiterated the hours of operation and shift hours for employees. El The Board and Jason Edwards, Weaver Consultants, revisited the traffic information provided by Mr. Pinkham, and in response to Chair Kirkmeyer, he and staff discussed the traffic counts. He stated the water for the site will come from the adjacent, Front Range Landfill, and summarized the nuisance mitigation, including secondary containment for spills, maintenance building, and truck wash facility. He described the Landscaping Plan, and explained there had been a Noise Study completed (Exhibit AN) with noises mimicking sounds that will be common to the site. He indicated the Noise Study confirmed the site will meet the residential and commercial noise standard at the property boundary. Mr. Edwards explained they had agreed to a "Bay Door Closure Policy" between the hours of 6:00 p.m. to 7:00 a.m., to keep the doors closed with respect to the surrounding property owners (SPO), and reiterated all repairs will be done within the enclosed building. He displayed the Landscaping Site Plan and referenced the map showing details of the Landscaping Plan. In response to Commissioner Conway, Mr. Edwards stated the trees planted for mitigation will have a six (6) foot height at planting, minimum. He further indicated the Noise Study was completed by Ecosphere Environmental Services. El Mr. Adams explained the continuance allowed them to have additional contact with the SPOs and described the correspondence the company had with the neighborhood since the last hearing. He summarized the benefits of the facility and in response to Commissioner Conway, Mr. Adams explained where the majority of the wasteloads will come from and referred further clarification on the service area to Evan Sharp, Waste Connections. e Evan Sharp, District Manager for Waste Connections, stated there are over 25,000 customers utilizing the service in Weld County, both for residential and commercial uses. In response to Chair Kirkmeyer, Mr. Sharp stated this facility will service the Cities of Broomfield, Lafayette, and Brighton, and the Town of Erie, and in response to Commissioner Conway, he provided further clarification regarding the service area within and outside of the County. Sherri Struble, President of RENA, distributed copies of the agreement between RENA and the applicant (Exhibit AM), which included a copy of the Landscaping Plan. She reviewed the agreement and expressed the neighborhood association is no longer opposing the application. She indicated RENA had remaining concerns with traffic impacts, and had requests specifically directed toward the County (Exhibit AM). In response to Chair Kirkmeyer, Ms. Struble provided clarification of the intersections located on State Highway 7 with traffic signals and RENA's request for turn lanes. She further stated RENA agreed with the proposed Landscaping Plan and clarified her understanding of the proposed screening. Responding to Commissioner Conway, Ms. Struble further explained the request for radar signs. In response to Chair Kirkmeyer, Ms. Struble explained RENA's request for the business haul route, and clarified she was representing the neighborhood association, which is not in opposition of the USR. Peggy Cline, SPO, stated she appreciated the applicant meeting with the neighborhood and requested their access off of CR 5 within the landfill. She expressed concerns with additional traffic on CR 7, and questioned how the trucks will be controlled when using the wrong access. Ms. Cline asked for the Board's knowledge of an unrelated traffic signal on CR 7 and Erie 2019-3330 PL0306 HEARING CERTIFICATION - FRONT RANGE LANDFILL, INC. (USR19-0032) PAGE 4 Parkway, and expressed concerns with fire risk and fire suppression. In response to Commissioner Conway, she referred to the referral from the Mountain View Fire District and mentioned concerns with the possible relocation of the ditch (Exhibit AF). Ed Kosorok, SPO, expressed appreciation for the negotiations the applicant had with RENA, and explained his use of the roadway to ride his bicycle and horses. He mentioned the trucks do not use the appropriate routes and stated his opposition to the USR. He stated his concerns with traffic, noise and pollution, and in response to Chair Kirkmeyer, clarified the location of his residence. El Dee Trembath, SPO, indicated she had submitted letters of concern (PC Exhibit 6 and BOCC Exhibit AJ) and signed the petition in opposition of the application. She explained her experience with the fumes from the site and the impacts to the quality of life, and stated she is opposed to the application. In response to Commissioner Conway regarding the replacement of diesel vehicles with Compressed Natural Gas (CNG) vehicles, Ms. Trembath expressed concerns for the length of time the replacement of vehicles would take and stated there will still be impacts created by the landfill expansion and equipment. Chris Raimo, SPO, clarified she was speaking as an individual and not as the secretary of RENA. She stated appreciation for the applicant's efforts in negotiations and explained why the proposed use is not compatible with RENA. She expressed concerns with traffic, ambient lighting, industrial noise, impacts to livestock and wildlife, the hours of operation, groundwater contamination, air quality, property values, and fire safety. She stated the facility will provide no financial or other benefit to the neighborhood and indicated the County would not recognize any tax benefit. She stated the County could experience a net tax loss due to decreased property values and mentioned meeting with the Town of Erie, where the town expressed desire for the applicant to move the location of the hauling facility. She stated belief in property rights, and equity, and reiterated the Weld County residents will bear the burden of the facility. Ms. Raimo reviewed the PC hearing occurrences, and mentioned the growth in the area. She indicated they had not been given a timeline of when the applicant wished to convert the fleet of vehicles to CNG. She explained the SPOs' experience with similar operations in the area and summarized the negative impacts the facilities have on the neighborhood. She briefly explained the requirements of a USR through Weld County, indicated the proposed use is not compatible with the surrounding area and requested the Board deny the application. Chair Kirkmeyer closed the public hearing. Mr. Adams explained changing the alignment of the FRICO channel has no bearing on the application and stated the change would be for the future development of the landfill. In response to a concern from Mr. Kosorok regarding riding his bicycle, Mr. Adams indicated single -lane paths and trails are a goal for future development with the Town of Erie. He explained the importance of safety to the applicant and reiterated the change in the landfill fleet to "Tier 4" engine systems, which reduced emissions. He described the phasing to incorporate the new engine systems and mentioned other nearby facilities. He reiterated night operations are done in an enclosed building with efforts to keep the bay doors closed. Mr. Adams explained the financial benefit of the facility 2019-3330 PL0306 HEARING CERTIFICATION - FRONT RANGE LANDFILL, INC. (USR19-0032) PAGE 5 to thousands of people, and in response to Commissioner Conway, referred to Mr. Edwards to discuss fire suppression. El In response to the previous question by Commissioner Conway, Mr. Edwards ensured awareness of meeting any fire code, including sprinkler systems and proper pressures. Commissioner James expressed frustration with not having the Noise Study and requested the applicant try to get an emailed copy of the study for the Board. In response to Commissioner Conway, Mr. Adams confirmed the predicted decibels from the staff and applicant presentations and stated the applicant would be well within the noise limits. • In response to Chair Kirkmeyer regarding recycling, Mr. Adams stated there is no recycling done at the site and Mr. Sharp clarified the recycling services in relation to Weld County. Mr. Gathman confirmed the approval of the RE and Mr. Adams described the potential plans for future development of the site, as discussed with the Town of Erie. In response to Chair Kirkmeyer, Mr. Adams indicated he was unsure of when Front Range bought the property and explained what was presently on the property. Mr. Gathman stated there was no dumping occurring on the site, and Mr. Adams explained the use of the clean soil stock piles. Chair Kirkmeyer referred to an image included in the applicant's PowerPoint presentation (Exhibit AK) and requested the applicant explain specific equipment on the site on the displayed image. In response to Chair Kirkmeyer, Mr. Gathman stated there was not a noise study included in the original application materials, nor included in the Board's file. Mr. Adams reiterated the truck traffic route and how the site will be accessed. There was discussion concerning the enforcement of the truck traffic route with the employees accessing the site and the use of the CR 5 access. In response to Chair Kirkmeyer, the applicant discussed further research on air emissions and the monitoring of truck idling. • Mr. Adams stated a Noise Study was not required; however, they did complete one and requested a condition be added to the resolution to ensure compliance with the noise standard at the property boundary. Mr. Edwards corrected a previously made statement concerning the results of the noise study, stating it indicated 55 decibels at the property boundary and 47 decibels at the RENA neighborhood. • Chair Kirkmeyer expressed issues with finding consistency with the Comprehensive Plan, cited Section 22-2-20.G (A.Policy 7.2) and stated the site is in a rural residential area, that formerly was a prime agricultural area. She further supported her argument with Section 22-2-20.D (A.Goal 4), Section 22-2-20.6.3 (A.Policy 2.3), Section 22-2-20.F (A.Goal 6), Section 22-2-20.1 (A.Goal 9), and Section 22-2-40.A (UD.Goal 1) stating the facility is moving to a site where there is existing rural residential development, which includes the RENA. Chair Kirkmeyer explained the previous made Code change was to accommodate oil and gas within the County and not to allow more intense uses such as this. She stated there is no direct relation between this facility and agricultural uses. She referenced Section 23-2-230.B.3 and explained she was at the original hearing when the landfill was approved and questioned how this type of commercial activity with the truck and employee traffic is compatible with the existing surrounding land uses. 2019-3330 PL0306 HEARING CERTIFICATION - FRONT RANGE LANDFILL, INC. (USR19-0032) PAGE 6 • Commissioner James indicated he also struggled with how the use meets the intent of the A (Agricultural) Zone District and questioned the derivative of the compatibility. Commissioner Freeman agreed with Commissioner James and stated he had an issue with compatibility, but struggled due to the testimony from the RENA stating they no longer oppose the application. He explained why he was struggling to support or not support the USR due to the changes brought forth in the present hearing compared to previous ones. Chair Kirkmeyer expressed concern with the trash trucks traveling north on CR 5 past the high school and other adjacent residential development. There was additional discussion with the truck route being within the Town of Erie. • Commissioner Conway agreed with Commissioner Freeman and mentioned the request from the July 31, 2019, hearing to have an agreement between the RENA and the applicant. He stated the waste train is coming from Weld County residents and after discussion concerning compatibility, argued he believed compatibility could be found. • Commissioner Moreno stated although the RENA has withdrawn its opposition to the application, he believed a majority of the residents are still in opposition and indicated he did not feel the use was compatible and would impact the growth of future land development. Chair Kirkmeyer stated appreciation for her fellow Commissioner's comments and reiterated the RENA majority vote was one (1) vote per household. • In response to Commissioner James, it was confirmed that the landfill was annexed into the Town of Erie and Commissioner Conway acknowledged the Town of Erie's non -responsiveness. Chair Kirkmeyer clarified the surcharge was done by a county -wide vote for hazardous household waste, and explained additional inclusions of the surcharge. He also commented the applicant had the opportunity to request a rezoning, and did not do so. Commissioner James stated the application would put trash trucks next to the landfill, which would get the trucks off the roadway and meet compatibility. He indicated meeting the intent of the A (Agricultural) Zone District and achieving compatibility depends on which side of the road is compared; however, he found the use to be consistent with future uses, and stated there is a need for this use. Chair Kirkmeyer stated Front Range owns the property and indicated she did not understand why the site was not moved closer to the landfill. In response to Commissioner Freeman, Mr. Gathman stated he was unsure if there was conversation concerning annexation into the Town of Erie. Commissioner Freeman expressed concerns with the Town of Erie pushing the use out of their city limits and into Weld County, although the landfill is within the city limits. • Chair Kirkmeyer stated she did not see within the Noise Study, that there is proof that the applicant can meet the noise limit at the property boundary lines. She referenced the Noise Study (Exhibit AN) and clarified the results. Mr. Frissell confirmed Chair Kirkmeyer's interpretation of the Noise Study, reiterating that the applicant would not be able to meet the noise standard at the property lines. Commissioner Freeman indicated he was not in support of the application and in response to Commissioner Conway, Mr. Adams explained there was no discussion with the Town of Erie with regard to annexation. Mr. Gathman clarified the site shares the west border with the Town of Erie; however, the RE does not. 2019-3330 PL0306 HEARING CERTIFICATION - FRONT RANGE LANDFILL, INC. (USR19-0032) PAGE 7 Commissioner Freeman moved to deny the request of Front Range Landfill, Inc., for 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. The motion was seconded by Commissioner Moreno. Commissioner Freeman expressed appreciation for the applicant working with the neighborhood; however, he originally misunderstood that all of the RENA did not oppose the application. He felt it was disingenuous of the Town of Erie to have a landfill approved in Weld County, then to annex it and take all of the surcharges, which had not been used as they were supposed to for items such as road improvements. He continued to explain, in the meantime, the Town of Erie is proposing to move a facility, directly related to the landfill into Weld County, and suggested the Town of Erie also annex the new facility because everything that will be delivered using the commercial vehicles from the new facility will be going to the landfill. Therefore, the Town of Erie will also benefit from the new facility's revenue and he believed that was philosophically deceitful. Commissioner Moreno referenced Commissioner James' previous comments regarding compatibility, and concluded the use will not be compatible in the area. Commissioner James cited Section 22-2-20.G.2 (A.Policy 7.2) and stated the site cannot support the traffic, which will create a significant impact to the surrounding neighborhood. He indicated he was struggling and reiterated appreciation for the applicant conversing with the neighborhood to compile the agreement document. He discussed the intent of the A (Agricultural) Zone District and the impacts of the use even with mitigation and noted his support of the motion. Commissioner Conway requested a roll call vote, stating it would be disingenuous of him to make the requests for the agreement at the last hearing, and indicated he believed they would be able to find compatibility. Chair Kirkmeyer stated she would be supporting the motion and agreed the applicant worked with RENA; however, the burden of proof is on the applicant to meet all of the criteria of the Weld County Code. She recited the aforementioned Code references and found the use is not consistent with the Comprehensive Plan and added she does not know how the proposed facility relates to rural character as stated in the Code. She reiterated the application does not meet the intent of the A (Agricultural) Zone District, cited Section 23-2-230.B.7 stating the Noise Study given to the Board was not conclusive to demonstrate that the noise standard could be met at the property line. Upon a roll call vote, the motion passed 4-1, with Commissioner Conway in opposition. Chair Kirkmeyer thanked everyone for being present and restated she did feel the applicant acted in good faith after the requests at the continuance hearing. Commissioner Conway thanked the applicant for reaching out to the community and informed the public of a meeting at the Department of Public Works. There being no further discussion, the hearing was completed at 3:28 p.m. 2019-3330 PL0306 HEARING CERTIFICATION - FRONT RANGE LANDFILL, INC. (USR19-0032) PAGE 8 This Certification was approved on the 7th day of October, 2019. BOARD OF COUNTY COMMISSIONERS WD COUNTY, CO •RADO ATTEST: ditto%) v• JLLO; Weld County Clerk to the Board BY: eputy Clerk to the Board Barbara Kirkmeyer, Chair Mike Freeman, Pro-Tem Conway Steve Moreno 2019-3330 PL0306 ATTENDANCE LIST i0/©8D/(q NAME - PLEASE PRINT LEGIBLY ADDRESS (CITY, STATE ZIP) EMAIL COUNTY O RESIDENCE SPEAKING (Y/N)? 0 1 1 ,,s i Aaa✓Y1 $ en 612G„c,cs J C.0 t"Y"1ArrLG4 c•--' <iX• Ur `1 1 Y 1 �� nit. 1.”-VC.J SUV T �i r.) V 5 1 !-��.V c1 r.R,i 1••0%'<<- , i K 76 '` cl - C. *.$'N'LNS Q...YJ C.GLi' • Co iS) 61cl 1-1i2-149,Cr \I 9. 'C -O --,-mac c'. 1)1/41/455c v iNi k 4-G, x NiOti /` 0 vier- - 7 LI k,,cA... ydergeho / . L. -a , -.. tieW (J f lioti 4.-,-vo&Vj Q...S,?'/- '1 Z7r;e /14 16)(7.4J it) /---/,,,_,i,Ltz (leti 6.K7-t,,--wier -sf --.tQ ° 7X-1 e , �'` d l7 ,--0,17•=aker r�(� k�ar1 �e Atv� , C) glx --5.#4. � /11(cm. ^.x;;ICJ GA3 / • ® r 7 '2.1)flob lG S i 1 Ju+ e (Aide bit_ Ai (c(0 i0 �s-c%:3y /fti „,,,v:�rsL PL_ C;._(4,. . vtc 144 �� of 5c -v7 d t 2i'. s CC.1rDL- 0 C2tL CJ g4..,-;-(& SCo1/,D /50/V,Pti4,,Gciy.,ri,v`G.,cawvt/e L'O ` if £� 4 K (9 S O ro 3 4i 1;5 C,. f 't„ (, 'c'-co`li c7 ��c1 i %%"�� /r- - �' r°'/ , c,,,t. .fir ai ir0:0,.� 664// A .1) -ry �ti, �-� �.� 3,74,3•/24� "' 7 �r �� 6. i tit. 1?6- 4 cvzASI-r (--C---1)....el� 17v / ° ! r' AV An/ 0^/rd Li/ 9::q4 i727y l'‹i ‘7 E/1, 't �. ' MA a, b e v, A{ 0,2, /71 S 12 . ,im, (Q/,rte /1 p° ! I 0 ( \----0vnri\ 14 ,j pC.1 -"-(1-t A q'aMilzv1e a6 Jr2A-4//, Lel /r � /Z,d , _3/ l- -vii x,1 i-v2 L 4rLv t461eg, I' ,Tiqu- j,r 33c t)11 L 1ie-7. "- S-S-r-RLI"O A -UL, Cpl i Id, y (ip tS _ tos,m,, ) aJ ►N vki d Q.vwn Rrs 1, &v, e. Wc,r `7 C ms i1, ccorr� �e-t d rovAs Lscv 40er..rc.14 aq 7�. a el/V(1" 1, c-...71-7 -e. /v G�� Id ` 11/4AN-6 It -2b Ini_ kl Z- A sir 4---,42‘4: 44 ,i4P Ai Hello