HomeMy WebLinkAbout20153657.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant W3 Legacy LLC Case Number USR15-0040
Submitted or Prepared
Prior to At
Hearing Hearing
PC Exhibits
1 E-mail from Dave Kisker CLR-34 Neighborhoods Association received 10/6/2015 X
2 Letter from John Cummings dated 10/23/2015 X
3 Letter from Mel Bickling dated 10/29/2015 X
4 Letter from Susan Bickling X
5 Letter from Patricia Worrell dated 10/31/2015 X
6 Letter from Sharon Collins dated 10/31/2015 X
7 E-mail from Ellen De Lorenzo received 11/1/2015 X
8 E-mail from Richard Grimaud dated 11/2/2015 X
9 CLR 34 Neighborhood Association Power Point Presentation X
I hereby certify that the 9 items identified herein was submitted to the Department of Planning Services at or prior to the scheduled
Planning Commissioners hearing.
Chris Gathman Planner
Chris Gathman
From: Dave Kisker
Sent: dave.kisker@gmaii.com>
To: Tuesday, October 06, 2015 5:46 PM
Subject: Chris Gathman
USR 15-0040, VI/3 Legacy LLC
Chris,
On behalf of CLR-34 Neighborhoods Assn., we have been reviewing the
Agpro USR application (USR15-0040) and have some concerns about this
proposed project.
The actual impact of this operation is not very clear because there are
a few VERY IMPORTANT aspects of this proposed operation that are missing
from the application. To start, here are some key questions for the g
applicant. Generally, these all relate to the procedural issues
relating to the flyash handling. Because of the dust that may be
generated, and the potential health impacts, we wish to determine how
severe this risk is likely to be.
How much fly-ash will be stored on site at any given time?
How will the fly-ash be stored? (open piles, silos, or ??)
How will the fly-ash be transferred from the railcars to to the
storage? (front loaders, below grade hoppers, pneumatic areatransfer
How will the fly-ash be transferred from the storage tot , k ???)
for shipment? the trucks
How much fly ash will each truck contain? (Available information
suggests about 1500 cubic ft.)
How often will rail cars arrive, and how many will arrive at once? What
time of day or night?
The application states that the trucks may leave at any time of day or
night, although the operating hours are more restrictive. Does this
mean that the applicant will be doing loading outside of the operation
hours?
What is the source of the fly-ash? (Since it contains the same
(potentially toxic) impurities as the coal from which it comes, the
source location is important to assess the risk of chemical
contamination of the neighborhoods)
We would appreciate it if you might be able to assist the surrounding
property owners in obtaining the answers to these questions. it's
possible that some of this has already been discussed, but was not
included in the application. (However, since that requirement is for a
DETAILED description of the use, it would seem appropriate that it be
included.)
Thanks for your help,
Dave Kisker
President, CLR-34 Neighborhoods Assn. EXHIBIT
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October 23, 2015
From: John Cummings
26700 Weld County Road #13
Johnstown, CO 80534
To: Weld County Commissioners
c/o Chris Gathman
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley, CO 80631
RE: Case USR15-0040
FOR PUBLIC RECORD
Dear Commissioners:
I am in COMPLETE OPPOSITION to W3 LEGACY proposed Use By Special Review for
parking and staging area for a trucking and construction business along with transloading of
flyash south of WCR 56 and approximately 0.5 miles east of WCR 13 . Our property abuts to
W3 Legacy's property. The W3 Legacy proposal does not meet the compatibility requirements
of the county for this type of operations. This type of operation belongs at an industrial site that
handles transloading of products and not where a residential community of 500 residents and
rural farm families are in close proximity. This "industrial project" which includes rail
transloading will impact our quality of life due to noise, dust, safety, traffic, water quality, and
pollutants and contaminates.
Five major issues I have:
1 . The application does not address all issues associated with the transloading of flyash such as
health, safety and welfare of inhabitants of the neighborhood especially the ones adjacent to the
site.
2. The criteria set forth by Weld County are not being met by the applicant. The use of this site
for transloading, which is an industrial use, DOES NOT MEET THE INTENT OF
AGRICULTURAL LAND USE REGULATIONS SECTION 22-2- 10 and DOES NOT MEET
WELD COUNTY' S SECTION 22-2-20 AGRICULTURE GOALS AND POLICIES. Also, it is
not compatible with the existing surrounding uses of the area.
3 . The winds in this area can gust up to 60 mph and normally blow at 5-8 mph from all
directions. Flyash is composed of the fine particles in the range of PM2.5 and PM10, which
create a health risk for humans and animals. In large quantities, they will affect vegetation; harm
plant growth, yields and in some cases kill plants.
4. There is no indication how the flyash transloading operation will be conducted, where the
flyash will be stored, how it will be transferred from railcars to trucks, what preventative action
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will be taken to reduce flyash fugitive dust from the site and from trucks arriving and departing
the site.
5. This operation will have an impact on WCR 56 and 13 or 15 depending on what direction
trucks arriving and departing from the site. The dust on WCR 56 will impact residents on that
route.
If this is approved, the county commissioners should require the applicant to:
1 . Pave WCR 56.
2. Operate only between 7:00 am to 5 :00 pm, Monday through Friday.
3. Unloading of flyash be restricted to days where wind is less than 2 mph and only during the
above operation times.
4. Restrict noise to 50 dB or less.
5. Place a 10-15 ft berm around the entire site with appropriate vegetation to hide the facility.
6. Limit the number of all types of trucks and light to heavy equipment to less than 20.
7. Lighting be downward facing and not noticeable from a distance.
Thank you,
John Cummings
October 29, 2015
Weld County Commissioners
c/o Chris Gathman
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley, CO 80631
RE: Case USR15-0040
FOR PUBLIC RECORD
Dear Commissioners:
I am in opposition to W3 LEGACY proposed Use By Special Review for parking and staging
area for a trucking and construction business along with transloading of flyash south of WCR 56
between WCR 13 and WCR 15.
1 . This proposal, DOES NOT MEET THE INTENT OF AGRICULTURAL LAND USE
REGULATIONS SECTION 22-2- 10 and DOES NOT MEET WELD COUNTY'S SECTION
22-2-20 AGRICULTURE GOALS AND POLICIES.
2. There are not any specifics as to how the flyash transloading operation will be conducted,
stored and transferring of product. There are not any plans as far as containment from a spill.
3. This operation will impact WCR 56 and 13 or 15 depending on what direction trucks arriving
and departing from the site. The dust on WCR 56 will impact residents on that route.
If this is approved, the BOCC should require the applicant to pave WCR 56 in both directions to
WCR 13 and to WCR 15. Lighting should be restricted and pointing down and limit of 25 feet.
Hours of operation should be limited to 7 am to 5 pm. Noise levels should be restricted to the
residential limit. Landscaping and berms should be used to mitigate the visual impact.
Thank you,
Mel Bickling
6690 Lakota Ct.
Johnstown, CO 80534
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From : L Susan Bickling
6690 Lakota Court
Johnstown CO 80534
To : Weld County Commissioners
c/o Chris Gathman
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley CO 80631
RE : Case USR15 -0040
FOR PUBLIC RECORD
Dear County Commissioners :
I am writing this letter in OPPOSITION to the W3 LEGACY proposed Use by Special
Review . This USR is for parking and staging areas for a trucking and
construction business , as well as transloading of flyash . The proposed site is
south of WCR 56 and east of WCR 13 .
This proposal does not meet the COMPATIBILITY requirements of Weld County for
these types of operations . It does not address any of the issues associated with
transloading of flyash , does not meet the Intent of Agricultural Land Use
Regulations Section 22 - 2 - 10, as well as Weld County ' s Section 22- 2 - 20 Agriculture
Goals and Policies .
This type of operation should be in an Industrial area and not in a Residential
community of over 500 residents . This project will negatively impact the quality
of life of these residents due to noise, traffic , and a multitude of
environmental concerns and unknowns .
If this proposal IS approved , I would request that the County Commissioners
require the applicant to address these issues and concerns , including Hours of
Operation to be daytime and weekdays only, Noise levels to be at residential
limitations of 50 db or less , a significant berm and /or attractive fencing around
the site , paving of WCR 56 , limitations of the truck traffic , and restricted
unloading of flyash on windy days .
I think these are reasonable expectations from homeowners who are having their
lifestyles compromised by this type of industrial operation coming into our
previously quiet and serene neighborhood .
Thank you for your time and consideration ,
L Susan Bickling
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Patricia Worrell
6873 Commanche Court
Loveland CO 80534
Case # USR15-0040
For Public Record
31 October 2015
Weld County Commissioners
CIO Chris Gathman, Planner
Weld County Department of Planning Services
1555 N. 17th Avenue
Greeley CO 80631
cgathman@weldgov.com
Mr. Gathman and Weld County Commissioners:
Please do not approve the USR planning application case # USR15-0040 W3 Legacy LLC.
The proposed use is incompatible with the surrounding homes and farms.
The traffic from the proposed facility will add to an already horribly congested situation in this
area. The traffic from this facility will be heavy trucks causing considerable damage to the
local roads.
The noise from trains, arriving at any time day or night, will be disruptive for the people who
already live in this area. The flyash proposed to be processed at this site is a particulate and
the dust will also be a problem for the people and farms in the area.
Regards,
Patricia Worrell
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From : Sharon Collins [ scollinsent81@yahoo . com ]
Sent : Saturday, October 31 , 2015 9 : 00 AM
To : Diana Aungst
Subject : Re : USR 15 - 0040
I am writing to OPPOSE USR 15 - 0040 . I am a nearby resident familiar with local
conditions which make a flyash facility especially inappropriate for this
particular site .
1) This is the third initiative - the other two being USR 15 - 0027 and COZ 15 - 0001
- in which proposers of industrial development in this precise corridor do not
seem to be aware of the uniquely unfavorable weather conditions that would
negatively affect their processes - and profit potential . As documented in the
Northeast Colorado Regional Hazard Mitigation Plan , Front Range Chinook winds
plus the straight - line winds of the Great Plains can combine with 165 mph
potential . We residents of this area experience this phenomenon almost daily ;
certainly winds of 50 -60 mph are annoyingly common . Quick onset of severe thunder
and lightning storms - within 5 - 10 minutes of a sunny, clear sky - are also
typical in this exact area .
Although the USR states the flyash would be stored in silos , it needs to be
transloaded from incoming trains and outloaded onto outgoing semi trucks . Any
wind present during such operations would certainly disperse flyash over a wide
area , exposing living creatures to the threat of toxic constituents which have
been shown , in particular, to cause respiratory disease . In 2007 the National
Academy of Sciences stated that the presence of high contamination levels in many
coal combustion residues may create human health and ecological concerns .
Even if the outgoing trucks were covered with tarpaulins they would be
ineffective and permeable to this wind , dispersing flyash throughout their routes
- and thereby decreasing the profit potential for the owners . This latter
consideration would seem to mitigate against having outdoor stockpiles , for
obvious reasons .
The nature of this business would likely make any substantive effort at dust
containment impossible . The County is creating a new Dust Bowl here .
2 ) This USR states a clear intention to use CR 13 to Hwy 34 - thereby adding 40
more semi truck/trailers per day ( 20 round trips ) to the TRAFFIC DEBACLE which
will inevitably result in combination with other heavy industrial traffic on this
route . Plus more traffic interruption with the trains bringing in the flyash
loads . This all predisposes to more road/ rail accidents and endangers the safety
of County residents and travellers .
3 ) IMPORTANTLY, it ' s likely that the flyash trucks would also , or preferentially ,
use CR 15 to get to 34 - thereby BLOCKING THE SINGLE ACCESS ROAD to Indianhead
Estates at the junction of CR 15 and Hwy 34, as well as more distal residents on
CR 15 , since egress onto Hwy 34 at this point is already lengthy even during non -
peak hours . This poses a real hazard , especially in the event of evacuation from
an industrial accident , which is now very likely with the area being converted to
dense heavy industrial use .
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4) The USR mentions operating hours of 6 AM to 8 PM, but states that rail and
truck traffic "may arrive 24 hours per day if necessary . " The noise of
transloading with screeching, clanging rail activity and truck back - up beepers
would cause sleep deprivation to nearby - and even distant - residents ,
especially when amplified by the winds ( see #1 above ) which mainly occur here in
a South/North direction .
Whatever happened to consideration of the Weld County " Right to Farm" document ' s
statement : " Incentives which attract urban dwellers to relocate to rural areas
include open views , spaciousness , wildlife , lack of city noise and congestion ,
and the rural atmosphere and way of life . "
Respectfully submitted October 31, 2015
Sharon L . Collins MD, FACS
27811 Hopi Trail , Johnstown , CO 80534
Original Message
From : Ellen De Lorenzo [mailto : nvr2grnfgmail . com ]
Sent : Sunday, November 01 , 2015 2 : 43 PM
To : Chris Gathman
Subject : Opposed to AgPRO ( W3Legacy, LLC ) application
Case # USR15 - 0040 AgPRO ( W3Legacy, LLC )
For Public Record
Date : November 1 , 2015
Weld County Commissioners
c /o Chris Gathman
Weld County Department of Planning Services
1555 N . 17th Avenue
Greeley, CO 80631
( 970) 353 - 6100
cgathman@weldgov . com <mailto : daungstOweldgov . com>
Weld County Commissioners
RE : Planning Application USR15 -0040 AgPRO (W3Legacy , LLC )
I am very opposed to this application due to the increased traffic
congestion/noise , dust from trucks entering and leaving WCR56, and the bigger
picture of changing the landscape of Weld County . The move to eradicate Prime
Agricultural lands with industrial uses is despicable . . . from a health and safety
aspect as well as a short sighted vision beholden to business . The future of our
food sources depends on the availability of these lands . We are at a critical
time in these decisions for our County . . . show us you really do care about the
people .
Vote no on this application .
Thank you .
Ellen De Lorenzo
1744 Goldenvue Drive
Johnstown, CO 80534
nvr2grn@gmail . com <mailto : nvr grn@grnail . com>
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Original Message
From : Rich [ mailto : trailguy46@gmail . com ]
Sent : Monday, November 02 , 2015 9 : 56 AM
To : Chris Gathman
Subject : USR15 -0040 AgPRO
Please do not recommend approval of this application . It is not the best use of
the land , creates potential environmental issues , and is contrary to existing
land use plans . Your position is critical to the continued , well planned growth
in this area . Please vote no on this application .
Richard Grimaud
1744 Goldenvue Drive
Johnstown CO 80534
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