HomeMy WebLinkAbout20193317.tiffRESOLUTION
RE: ACTION OF THE BOARD CONCERNING 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.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 2nd day of
October, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Front Range Landfill, Inc., 5500 Franklin St., Erie, Colorado 80216, 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, on the following described real estate,
being more particularly described as follows:
Part of the SE1/4 of Section 28, Township 1 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, on July 31, 2019, the Board deemed it appropriate to continue
the matter to August 14, 2019, at 10:00 a.m., to allow adequate time for the attorney representing
the surrounding property owners to be present, and
WHEREAS, on August 14, 2019, the Board deemed it advisable to continue the matter to
August 28, 2019, and then again to October 2, 2019, at 10:00 a.m., to allow for the matter to be
reviewed by a full quorum of the Board, and
WHEREAS, on October 2, 2019, the applicant was represented by Mark Adams, Waste
Connections, 5500 Franklin Street, Erie, Colorado 80216, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
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2019-3317
PL0306
DENY SPECIAL REVIEW PERMIT (USR19-0032) - FRONT RANGE LANDFILL, INC.
PAGE 2
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be denied for the following reasons:
1. It is the opinion of the Board of County Commissioners that the applicant has NOT
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230. B.1 -- The proposed use is not consistent with Chapter 22
and any other applicable Code provisions or ordinances in effect.
1) Section 22-2-20.B.3 (A.Goal 2.3) states: "Encourage development
of agriculture and agriculturally related businesses and industries in
underdeveloped areas where existing resources can support a
higher level of economic activity. Agricultural businesses and
industries include those related to ranching, confined animal
production, farming, greenhouse industries, landscape production
and agri-tainment or agri-tourism uses." The proposed use is not
related to agriculture.
2) Section 22-2-20.D (A.Goal 4) states: "Promote a quality
environment which is free of derelict vehicles, refuse, litter and other
unsightly materials."
3) Section 22-2-20.F (A.Goal 6) states: "Provide mechanisms for the
division of land in agricultural areas to support the continuation of
agricultural production." The proposed use is not related to
agriculture and would be located on land that was previously prime
agriculture.
4) 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 site cannot support the traffic on
County Road 7, which will create a significant impact to the
surrounding neighborhood.
5) 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 not
compatible with the existing, high -quality, rural, residential
development, including Ranch Eggs Neighborhood Association
(RENA).
6) Section 22-2-40.A (UD.Goal 1) states: "Concentrate urban
development within existing municipalities, an approved
Intergovernmental Agreement urban growth area, the Regional
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Carly Koppes, Clerk and Recorder, Weld County, CO
VIII!PAT hiEhMMINX kiik II II
2019-3317
PL0306
DENY SPECIAL REVIEW PERMIT (USR19-0032) - FRONT RANGE LANDFILL, INC.
PAGE 3
Urbanization Areas, County Urban Growth Boundary Areas, Urban
Development Nodes or where urban infrastructure is currently
available or reasonably obtainable." The facility is proposing to
move to an area where there is existing, high -quality, rural,
residential development, including RENA.
B. Section 23-2-230.6.2 -- The proposed use not is consistent with the intent
of the A (Agricultural) Zone District, which is to conduct activities directly
related to agriculture and agricultural production. The recent approval of
Ordinance #2019-02 was intended to accommodate oil and gas within the
County and not to allow more intense uses such as this. The proposed use
is not in direct relation to agricultural uses.
C. Section 23-2-230.B.3 -- The uses which will be permitted will not be
compatible with the existing surrounding land uses. The proposed
commercial activity with the truck and employee traffic is not compatible
with the existing, surrounding, high -quality, rural residential and agricultural
land uses.
D. Section 23-2-230.B.4 -- The uses which will be permitted will not 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 Town of Erie declines to annex the property.
E. Section 23-2-230.6.7 -- 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 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 Board
finds that the residential noise standard would be necessary to protect the
health, safety, and welfare of the area residents, and the Noise Study given
to the Board did not demonstrate that the residential noise standard could
be met.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application 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, on the parcel of land described above be, and
hereby is, denied.
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Carly Koppes, Clerk and Recorder, Weld County, CO
VIII �JP I�I�11�9CI��NCII' tiI'li R�� IV t'rIk 11111
2019-3317
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DENY SPECIAL REVIEW PERMIT (USR19-0032) - FRONT RANGE LANDFILL, INC.
PAGE 4
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 2nd day of October, A.D., 2019.
ATTEST: dattitiv sidioe1
Weld County Clrk to the Board
BY:/91//V
eputy Clerk to the Board
APPDA
y Attorney
Date of signature: of /2'/10
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Carly Koppes, Clerk and Recorder, Weld County, CO
Bill
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, COLQRADO
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Mike Freeman, Pro-Tem
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