HomeMy WebLinkAbout20153474.tiff HEARING CERTIFICATION
DOCKET NO. 2015-107
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR15-0046, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (SOLID WASTE MANAGEMENT FACILITY), 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 AND ONE (1) SINGLE-FAMILY DWELLING UNIT PER
LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A (SECOND
SINGLE-FAMILY DWELLING UNIT) IN THE A (AGRICULTURAL) ZONE DISTRICT -
FLOYD AND KALA COLE
A public hearing was conducted on November 4, 2015, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Tisa Juanicorena
County Attorney, Bruce Barker
Planning Services Department representative, Kim Ogle
Planning Services Engineer representative, Wayne Howard
Health Department representative, Lauren Light
The following business was transacted:
hereby certify that pursuant to a notice dated September 17, 2015, and duly published
September 23, 2015, in the Greeley Tribune, a public hearing was conducted to consider the
request of Floyd and Kala Cole, for a Site Specific Development Plan and Use by Special Review
Permit, USR15-0046, for any Use permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts (solid waste management facility), 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 and one (1) Single-Family
Dwelling Unit per lot other than those permitted under Section 23-3-20.A (second single-family
dwelling unit) in the A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a
matter of record.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal,
reviewed the location and historical use of the site as dryland prairie, and stated there is no
irrigation water associated with the parcel. He reported the site is not located within any overlay
districts and he further described the surrounding properties and their uses. Mr. Ogle explained
there is a utility corridor in close proximity. He stated the applicant reached out to the neighbors
to introduce himself and discuss the proposed use. Mr. Ogle reviewed the referral comments
received from the Town of Nunn which indicated concerns for contaminants leeching into the
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adjacent creek to the east of the property. He stated these concerns were addressed by the
Department of Public Health and Environment. Mr. Ogle further stated that staff received three
(3) letters of support from surrounding property owners requesting no screening. He reviewed the
proposal to have the future Cole family home and base for Snowy River Enterprises and a second
residence for family. Mr. Ogle clarified the proposed buildings, number of employees, minimal
traffic expectations, and stated staff sent out 16 referrals and received five (5) responses with
comments. He displayed images of the site and surrounding properties and entered the favorable
recommendation of the Planning Commission into the record as written.
ID Wayne Howard, Planning Services Engineer, provided a brief overview of the transportation
plans and requirements stating the access is from County Road (CR) 26 north of CR 104 and an
Access Permit has been granted, AP#15-00218. He reviewed the road classifications, the
average daily traffic counts, and the proposed traffic related to the business to be one (1)
semi-truck per month and one (1) to two (2) trips per week for employees. He clarified no
Improvements Agreement or tracking control is required and the applicant meets the
specifications for the drainage variance.
Eri Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions stating there is already potable water for two houses on-site provided by a well that is
already permitted for a shared sewage disposal and septic system. She explained for the
business, it falls under the Solid Waste rules and regulations of the State and the applicant has
registered as a Waste Tire Hauler and Processor, has provided an Operations Plan and financial
assurance to the State, and an Air Emission Permit may be required. Ms. Light stated up to 100
tons may be stored on-site not under contract and the site has to operate in accordance with the
Operations Plan approved by the State and the Weld County Department of Public Health and
Environment. She reviewed the relevant Development Standards related to environmental health.
e In response to Chair Kirkmeyer, Ms. Aungst stated she will research the requirement for a
Certificate of Designation.
• Rustye Cole, Snowy River Enterprises, stated he has a current Certificate of Designation
linked to the site he will be closing as he has sold the land, closed the business, properly removed
tires, and cleaned up the entire property. For this new location he does not need a Certificate of
Designation because of the new tire regulations and the plans for the smaller operation warrants
only a Waste Tire Hauler License and a Tire Processing License. Mr. Cole explained his future
plans and reasons for a smaller operation.
• No public testimony was offered concerning this matter.
e Chair Kirkmeyer requested clarification regarding the reason for no Certificate of
Designation.
• Mr. Barker clarified the change regarding the new tire rules and confirmed there is no need
for a Certificate of Designation if recycling.
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CI Mr. Cole clarified the history of the tire recycling industry and the changes to the rules and
legislation which created new regulations for tire processing applications. He further stated he
has not landfilled anything for three years.
el In response to Chair Kirkmeyer, Mr. Cole indicated he has reviewed the Conditions of
Approval and Development Standards and has no concerns or recommended changes.
El Commissioner Freeman asked if the title should be changed to better reflect the business,
which is not a solid waste management facility. Mr. Barker clarified this is the only designation
that this type of facility falls under for the USR application.
la In response to Commissioner Cozad, Ms. Light stated the Operations Plan has been
approved through the State and the County would be responsible for ensuring it is being followed.
• In response to Commissioner Moreno, Mr. Cole stated the hours of operation are acceptable.
la In response to Chair Kirkmeyer, Mr. Cole clarified it is temporary storage.
El In response to Chair Kirkmeyer, Mr. Cole, indicated he has reviewed, and agrees to abide
by, the Conditions of Approval and Development Standards, as proposed.
▪ Commissioner Freeman moved to approve the request of Floyd and Kala Cole for a Site
Specific Development Plan and Use by Special Review Permit, USR15-0046, for any Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (solid waste management facility), 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 and one (1) Single-Family Dwelling Unit per lot other than
those permitted under Section 23-3-20.A (second single-family dwelling unit) in the
A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning
Commission, with the Conditions of Approval and Development Standards as entered into the
record. The motion was seconded by Commissioner Moreno, and it carried unanimously. There
being no further discussion, the hearing was completed at 11:16 a.m.
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This Certification was approved on the 9th day of November, 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, C LORADO
ATTEST: d.,,,,z4v, w, ,alt ,
rbara Kirkmeye , Chair
Weld County Clerk to the Board
ratAk1
Mike Freeman, Pro-Tem
BY:
Deputy CI k to e Boa -
La Sean P. Con ay
�g6t y Julie A. Co ad
Vis
Oki
Steve Moreno
2015-3474
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