HomeMy WebLinkAbout20193513.tiffHEARING CERTIFICATION
DOCKET NO. 2019-94.A
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 July 31, 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 - EXCUSED
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:
el 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 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. Bob Choate, Assistant
County Attorney, made this a matter of record.
Chair Kirkmeyer stated there was a request from the public to continue the hearing (Exhibit L),
in response to Chair Kirkmeyer, Mr. Choate clarified the continuance is at the Board's discretion,
and the Board agreed they would like to hear from the applicant and the public. In response to
Commissioner Conway, Mr. Choate stated it is up to the Board whether to proceed with the
hearing or the continuance.
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e Chair Kirkmeyer reviewed for the applicant and the public, the procedures to follow should
this case result in a tie vote due to four (4) Commissioners being present and Commissioner
Moreno excused.
e In response to Chair Kirkmeyer regarding the request for a continuance from the public,
Mark Adams, Region Engineering manager for Waste Connections, explained the project is a
relocation of an existing hauling operation. He stated they would like to proceed due to an urgent
need for more space, and indicated they still have six (6) to 12 months worth of work to complete.
He noted the hearing was noticed in advance, and mentioned they have an engineer present that
flew in for the hearing. He stated the attorney requesting the continuance was not present at the
Planning Commission (PC) hearing, and indicated they had been in contact with the Ranch Eggs
community in an effort to mitigate their concerns. In response to Chair Kirkmeyer, Mr. Adams
confirmed they did not wish to continue the case.
e Chris Raimo, Secretary of Ranch Eggs Neighborhood Association (RENA), reiterated the
request for the continuance due to the absence of their attorney. She further explained the
attorney's scheduling conflict and requested the public comment portion of the hearing be
continued until August 14, 2019, or August 21, 2019. In response to Commissioner Conway,
Ms. Raimo stated the attorney was obtained prior to the PC hearing; however, he did not attend
the PC hearing, but advised the SPOs prior to PC and submitted a letter in opposition.
Additionally, she stated they were not aware of the attorney's longstanding commitment at the
time of the PC hearing. In response to Commissioner James, Ms. Raimo reiterated they retained
the attorney prior to the PC hearing.
• Chad Judge, Weld County resident, noted the importance of both parties being present at the
hearing and in response to Commissioner Conway, Mr. Judge explained he was not invested in
either side of the application and was there to present a neutral perspective. He expressed his
opinion that the attorney should have submitted a letter earlier with the knowledge of the date of
the hearing and the conflict, and in response to Commissioner Conway, Chair Kirkmeyer referred
to Exhibit L, the letter from Ranch Eggs requesting the continuance. Mr. Choate further explained
the Attorney representing RENA had submitted a letter (PC Exhibit 14), which primarily focuses
on an agreement between Ranch Eggs and the applicant.
El Chair Kirkmeyer closed public input with regard to the continuance. Commissioner Freeman
stated he would be in support of a continuance if it was for the hearing in its entirety and not just
the public comment portion of the hearing. There was additional clarification of
Commissioner Freeman's request, and Commissioner James agreed with Commissioner
Freeman's comments to either continue the hearing in its entirety, or move forward with the
hearing on the present day. Commissioner James hesitated on his support of a continuance, and
stated he was open minded to the opinions of his fellow Commissioners. Commissioner Conway
agreed if it was the will of the Board to continue the case, it should be done with all five (5)
Commissioners present and considered the expense of the applicant. He presented other factors
in his decision, agreed the hearing should be done in its entirety and stated the continuance
should be expedited. Chair Kirkmeyer stated she was in support of a continuance, and mentioned
it does not matter to her if the public hearing alone is continued, or the hearing is continued in its
entirety. She additionally noted the importance of each part of the hearing process, including the
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presence of every party involved. Commissioner James stated after hearing the comments of his
fellow commissioners he would be in support of a continuance to a date when all five (5)
Commissioners will be present. Commissioner Freeman continued to struggle concerning
whether a continuance is necessary, and referenced the four (4) to three (3) vote at the PC
hearing. He indicated the only reason he would support a continuance is to have a full quorum.
---- There was discussion regarding continuance dates when the planner and a full quorum would
be present, and Chair Kirkmeyer recessed the hearing to allow the respective parties to discuss
the continuance dates.
e Chair Kirkmeyer reconvened the hearing, and Mr. Adams expressed August 14, 2019, was
their preferred date, which was originally mentioned as a continuance date by the public's
attorney. Ms. Raimo agreed to August 14, 2019, as the continuance date, and expressed
appreciation for the applicant in choosing a date that worked for their attorney.
El Commissioner Conway expressed appreciation for the Ms. Raimo's comments and
encouraged communication to discuss outstanding issues.
Chair Kirkmeyer requested the original Conditions of Approval and Development Standards
for the original USR, prior to being annexed, and requested the provision out of the Charter that
references the surcharge.
CI Commissioner Conway moved to continue 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, to August 14, 2019, at 10:00 a.m. The
motion was seconded by Commissioner James, and it carried unanimously. Chair Kirkmeyer
thanked everyone for their patience, and the applicant and members of the public for bringing the
issues in front of the Board and allowing the opportunity for due process. There being no further
discussion, the hearing was completed at 1:41 p.m.
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This Certification was approved on the 5th day of August, 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dair..4)
Weld County Clerk to the Board
Deputy Clerk to the Board
ounty orney
Barbara Kirkmeyer, Chair
Date of signature: 10/02A q
2019-3513
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