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HomeMy WebLinkAbout2.0 Staff Report BOCC 12.03.18Board of County Commissioners - Public Hearing Exhibits Stericycle lnfectious Waste Transfer Facility CONTI NUANCE Limited lmpact Review (File LIPA-07-18-8664) December 3, 2018 Exhibit #Exhibit Description 1 Public Heari Notice lnformation Form 2 Proof of Publication 3 Recei from Mailin Notice 4 Photo evidence of Public Notice Posting 5 Garfield Coun Land Use and Develo ent Code as amended 6 Garfield Coun hensive Plan of 2030 7 A lication 8 Staff Report I Staff Presentation 10 Referral Comments from Chris Hale, Mountain Cross Engineering, Dated October 8 2018 11 Referral Comments from Orrin Moon, Colorado River Fire Rescue, Dated October 23 2018 12 Referral Comments from Andy Schwaller, Garfield County Building Official Dated October 25 2018 13 Referral Comments from Brian Rusche, City of Rifle, Dated October 1, 2018 14 Referral Comments from Morgan Hill, Garfield County Environmental Health Dated October 12 2018 15 Referral Comments from Steve Anthony, Vegetation Manager, Dated November 2018 16 Referral Comment from Chris Bornholdt, Garfield County Emergency Man Dated October 15 2018 17 Referral Comment from Michael Prehm, Garfield County Road and Bri e Dated October 26 2018 18 Email from Robert Russo, Strategic One Financial Controller, Dated Oclober 22 2018 19 Ph hs of the Site from Ed Elder 20 Applicant's Presentation 21 Heari Continuance Memo 22 Memo from Code Enforcement Officer, Wade Patton,Dated 11t19t2018 23 Emailfrom Robert Russo, Strategic Once Financial 11t2012018 Controller, Dated Exh ¡bit I Ste ricycle I nfectious Waste Tra nsfe r Facil ity LtPA-o7-18-8664 November 1-3, 20L8 - CD PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW Limited lmpact Review - Land Use Change Permit for a Solid Waste Transfer Facility APPLTCANT {OWNER)Stericycle lnc. representing Strategic One Financial, parcel owner LOCATION 552 County Road 352 Rifle, CO 81-650 LEGAL DESCRIPTION Parcel A of the Amaya/Madrid Exemption, Reception No. 51-0595 Parcel No, 21-79-L92-00-608 LOT SIZE 8.393 acres ZONING lndustrial (l) RECOMMENDATION Approva I with Conditions I. DESCRIPTION OF THE PROPOSAL The Applicant is requesting a Land Use Change Permit for an infectious waste transfer facility on a 8.393-acre parcel located within the lndustrial zone district. The facility will be used for the truck-to-trailer transfer of regulated medical waste, animal and plant health inspection service waste and non-hazardous pharmaceutical waste. Transfers will be conducted in a truck-to-trailer manner from smaller route trucks to larger transfer trailers temporarily staged at the site. Waste is containerized and moved straight from the truck to the trailer;there will be no opening of the containers or consolidation of waste on site. Waste that is transferred at the facility will ultimately be transported to the Stericycle Dacono autoclave steam sterilization facility for treatment prior to eventual disposal. Stericycle obtained a lease from Strategic One Financial, the parcel owner, forthe southern half of the existing building onsite (Metal Building G) and adjacent parking for route trucks and transfer trailers. No additional development of the site is planned as part of their use. The facility will be unmanned and will therefore not require a source of water or wastewater system. Access to the site isvia an unnamed private gravelaccess road off County Road 352. The Applicant is requesting a waiver from a Grading and Drainage Plan as Stericycle's proposed occupancy of the site will involve no additional development or grading changes. Waivers from an lmprovements Agreement and Development Agreement are also requested as the development will not be phased and no new public improvements are proposed or required as a result of the Application. These requests are deemed appropriate for the Application. ;fr. DEseRlpïtôlttgF TldÉ sÍTg Figure L: Vicinity Mop ', ";* Garfield County RegionalAirport RIFTE Subject ParcelcR 352 cR 352 Access Road Transfer Site Metal Building G I I 2 Figure 2: AerialView of Subiect Property The parcel is located on the eastern border of the City of Rifle, approximately 0.3 miles southeast of the Garfield County RegionalAirport. The site is currently improved with a 2,400 square foot metal building (Metal Buílding G) and a caretaker's residence that predates the industrial r"lse with its own well and septic system. The caretaker onsite is employed by the property owner and provides general oversight for the property. There are various undeveloped areas used for material staging and/or vehicular parking for other individuals/entities, The northern half of Metal Building G is occupied by an auto mechanic shop. The site is generally level with modest grade changes at less than 5% slope. The property accesses to County Road 352 vìa a private gravel road. Stericycle leases the southern half of Metal Building G and the eastern adjacent space for parking of route trucks and transfertrailers. This portion of the site has been graded and filled with gravelto accommodate the flow of equipment. J {-3390 Temporary Parking for Stericyclê Route Truck Site Entrüncc *'ryffi 1 PI PARCEL lD: 217519200608 PARCEL ACREA6E: ZOt'flNG: I I : I I \I I l¡trrÉlr ì -+*,I -|l*, 1*. E Stericycle Unload Transfer Area ft) Building G {-2400 sqProperty Caretaker Residence 00 Occupied by Others Tr¿iler St€ricycle Tr¡nsfer Others) Material SÎnging {Used Stericycle Officet Figure 3: Site Plan Excerpt .:r.ffi ', Figure 4: Metol Building G .lrf l ?u. 4 Figure 5: Tronsfer Area east of Metol Building G III. AUTHORITY - APPL¡CABLE REGULATIONS A. The Land Use Tables contained in Section 3-403 of the Land Use and Development Code designates a Solid Waste Transfer Facility within the lnclr.rstrialzone district as requiring a Limited lmpact Review. B. Section 4-103 of the Land Use and Development Code sets forth the Limited Impact Review Procedures by which the current Application is being considered. C. The Application submittal requests three waivers from submittal requirements. These waiver requests are from submittal requirements included in a grading and drainage plan, improvements agreement and development agreement. Submittal waivers have been accepted as part of the completeness review. D. Article 7 of the Land Use and Development Code sets forth general approval standards in Division 1-, general resource protection standards in Division 2 and site planning and development standards in Division 3. lndustrial uses are also subject to Section 7-1003'. The standards are addressed in the Application submittals and in the Staff Analysis section of this Staff Report. IV. PUBLIC AND REFERRAT COMMENTS Public Notice was provided for the public hearing in accordance with the Garfield County Land Use and Development Code as amended. Notice included publication, mailing and posting. The Applicant has provided public notice documentation for review by the County. No public comments have been received on the application. Comments from referralagencies and County Departments are summarized below and attached as Exhibits. A. Mountain Cross Engineering, Chris Hale, Garfield County Consulting Engineer (Exhibit 10) -The Applicant should discuss how the use will impact the residence, any water well andlor OWTS as well as provide evidence of legal access. B. Colorado River Fire Rescue, Orrin Moon, Fire Marshall (Exhibit 1-1) -Property shall have address posted and be properly placarded to the hazard. Properly rated and accessible fire extinguishers should be installed. The property shall be inspected by Garfield County Building Department. -The Applicant will be required to obtain a Waste Handling Permit. -Access gate shall have a Knox Box or Knox Paddlock installed' -The property shall have an all-weather driving surface around facility and fire truck tu rna rou nd. C. Garfield County Building Official, Andy Schwaller (Exhibit 12) -Because the building is currently permitted as Cold Storage S-1, the office use will need to be re-permitted for B Occupancy under the building code during which time the structural issue can be addressed. 5 D, City of Rifle, Brian Rusche, Planner ll (Exhibit 1-3) -The Applicant shall provide any needed evidence of legal access as well as only utilize the driving route as represented in the Application. E. Garfield County Environmental Health, Morgan Hill (Exhibit 1a) -The Applicant may be required to obtain a Waste Handling Permit from CRFR. -The transfer area should be graded to ensure trailers do not tip and materials do not slide around. Truck idling should be limited' -lf the time threshold for the storage of waste is exceeded, the operator shall take appropríate action. F. Garfield County Vegetation Manager, Steve Anthony (Exhibit 1-5) -The Applícant should comply with the Garfield County Noxious Weed Management Plan by monitoring the site in the 2019 growing season for county listed noxious weeks with treatments if necessary. G. Garfield €ounty Emergency Manager, Chris Bornholdt (Exhibit 16) -No concerns or objections with the Application' H. Garfield County Road and Bridge, Michael Prehm, (Exhibit 17) -No concerns or objections with the Application. CDPHE Hazardous Mater¡als and Waste Management Þivision, Caren Johannes -Referral forwarded to Solid Waste Permitting Unit. Pursuant to state regulation, Staff referred Stericycle's Engineering Design and Operation plan (EDOP) to the Solid Waste Permitting Unit of the Colorado Department of Public Health and Environment to be concurrently reviewed for the issuance of a Certificate of Designation. CDPHE's technical review of the EDOP is the basis for their recommendation to the County concerning approval or disapproval of the proposed site and facility. Once CDPHE's review is complete, a separate hearing before the Board of County Commissioners (Board of Health) will be scheduled in order for the Certificate of Designat¡on to be issued. V. STAFF ANATYSIS AND CRITERIA Art¡cle 7, Division 1: General Standards Section 7-t}t - LOZ Zone District Regulations, Comprehensive Plan The property is in general compliance with zone district regulations for the lndustrial Zone District. The proposal meets minimum lot area, maximum lot coverages and property setbacks. A solid waste transfer facility in the lndustrial Zone District requires approval for a Land Use Change Permit by the Board of County Commissioners. 6 The Comprehensive Plan designates the area as Residential Medium (2 to less than 6 acres per dwelling unit). Although the Comprehensive Plan designation for the parcel is residential, the underlying industrial zoning speaks to the ultimate intentions of land use for the property. Due to its close proximity to the City of Rifle, the application was referred to the city's planning department. W¡th consideration to comments and questions involving access, the city indicated that there were no objections to the proposal. Referral comments regarding Rif le's comprehensive plan consisted of the following: The 2009 Rifle Comprehensive Plan onticipotes the subject property to be used for Light lndustrial purposes. /t is Iocoted outside of the Rifle Airpark subarea. The current Gorfield County zoning is lndustriol (l), which is generally consistent with the future land use described in the comprehensive plan. The proposal is also supported by the following sections from the Economics, Employment and Tourism chapter of Garfield County's Comprehensive Plan: Policy #5: The County will direct industriol developments to the airport center ond other øppropriotely designated oreas. St rate gy/Acti on #4 : E n s u re th ot co m m e rci o l/i n d u st ri o I d ev e I o pm e nts ø re co m pat i b I e with odjocent land uses and preserve the visual quolity of the county. It is Staff's opinion that the application conforms to zone district regulations within the lndustrial zone district as well as specific goals and policies within both Rifle's and Garfield County's comprehensive plans. Section 7 -LO3: Compatibility Surrounding Iand use is generally that of low density, dispersed development and includes light industrial activities to the north and east and PUD zoning with scattered County offices and facilities to the west. A large expanse of undeveloped open space extends to the south and east. The impact of the proposed facility is low due to the fact that the industrial use is not intensive, similar industrial uses exist adjacent to the property, surrounding densities are low and no residential development (except for the caretaker's residence) exists nearby. With this in mind, it is Staff's opinion that the nature, scale and intensity of the proposed use is compatible with adjacent land uses. Section 7-LO4¿ Sufficient, Adequate, Legal and Physical Source of Water The site will be unmanned and will be limited to the loading and unloading of vehicles and will therefore not require a source of water. Section 7-L05: Adequate CentralWater Distribution and Wastewater The site will be unmanned and will therefore not require an onsite wastewater treatment system 7 howeverthe Applicant made representations that portable sanitation units will be provided for on-site employees and maintained on a weekly basis. This site addition is reflected in Condition of Approval 1-3. Section 7-LO6: Adequate Public Utilities The property is currently served with adequate public ut¡lit¡es and will not require any additional development or construction. Any existing easements will be carried forward and not impacted, changed or modified. Section 7-t07: Access and Driveways The proposed use will be accessed via an unnamed private gravel road from County Road 352, The Traffic Analysis Map (Figure 6) shows the proposed truck route from lnterstate 70. The Applicant has represented that this route will be complied with by drivers in order to avoid higher traffic areas (see COA #11), necessitating this route around the Garfield County Regional Airport rather than through the commercial corridor along Airport Road west of the airport. ln terms of traffic generation, County Road 352 experiences an average of 977 trips per day. The application anticipates that this new use of the site will result in an average daily increase of up to 7 additional tr¡ps along the access route from l-7O, or an increase of less than 1% from existing traffic counts. Figure 6: Troffic Analysis Mop The Applicant has specified that existing access and roadways are adequate for the planned use of the site. The traffic study demonstrates that the access road would fall into the semi-primitive 8 f--.l an"rce¡nttss-¡uw $ ,"*"r .".' '*'o " "o.* ÀV[RA6E DTLYIUFfIC ::aËnn:-:;;E-- 'i"'-' >6(rrf)r.R' :j 6 driveway category. The application represents the following, indicating that dimensional requirements of the access road are met: The existing intersection of the unnamed gravel occess rood ond County Road 352 provides an oppoximotely 6-ft deep, 7}-foot wide concrete opron to the 18-ft wide unnomed grovel roodway, with an opproximote 25-ft turning radius to/from the west and 50-ft turning rodius to/from the eost, where the mojority of Stericycle's truck troffic will be opproaching. The application was referred to Garfield County Road and Bridge who indicated that the use will have minimal impact on the county road and that the driveway meets all current driveway sta nda rd s. The application was also referred to Colorado River Fire Rescue who specified that an all-weather driving surface will be required for the transfer area and fire truck turnaround. The LUDC also requires all-weather driving surfaces for driving areas within a site. This requirement is reflected in Condition 7. Figure 7: lJnnamed Access Road to Site Figure B: Driveway lnside Parcel Section 7-tO9 Natural Hazards The Applicant has represented the following concerning natural hazards The surficiot geology in the vicinity of the Site consists of colluviol sheetwash deposits. Low-tying areas of colluvial sheetwash deposits are reportedly prone to periodic sheet ftooding. However, the surficial soils at the Site pose no threot to flooding or ponding potential and the presence of the historic riverine drainoge courses within the surrounding undisturbed lønd indicotes thot sheet flooding from off-site runoff is nat likety. No other geologic or noturol hozords ore known or expected to impact operations at the Site. County hazard mapping data show no hazards on the site and any threats posed by periodic sheet 9 flooding appear to be minimal Section 7-L092 Fire Protcction According to the Community Wildfire Protection Plan (CWPP), the site ís within an area of low wildland fire susceptibility. The applicant has represented the following about fire safety: The existing 2,400 square foot building ot the Site is equipped with a fire alsrm system that automaticolly activotes in case of fire. This system is designed snd maintained in accordance with local and stote fire code. Additionolly, fire extinguishers are provided by the property lessor. Stericycle personnel are trained in fire extinguisher use. The application was referred to Orrin Moon of Colorado River Fire Rescue who conducted a site visit and submitted referral comments (Exhibit 11). CRFR will require the applicants to have a posted address visible from County Road 352, properly installed and rated fire extinguishers, properly placarded hazard identification, Knox Box or Knox Paddlocks on the access gate and an all-weather driving surface for the transfer site and firetruck turnaround as discussed in7'1O7. CRFR will also require the applicants to obtain a Waste Handling Permit through the District as well as undergo an inspection of Metal Building G by Garfield County Building Department. These comments from CRFR are reflected in Conditions of Approval 2,7 and 1'4. Article 7, Division 2: General Resource Protection Standards Section 7-20L Agricultural Lands No impacts to agricultural lands are ant¡cipated from the proposal. Section 7-202 Wildlife Habitat Areas No impact to wildlife habitat is expected Section 7-2O3 Protection of Waterbodies Garfield County mapping indicate that no waterbodies exist on the site. The applicant submitted the following concerning waterbodies on the site: The IJS Fish ond Wildlife Service Notionol Wetlands lnventory shows two riverine wetlond droinage courses running qcross the Site as shown in Figure 7. However, it appeors thot the development of the Site as on industrial property hos altered the topogrophy ønd corresponding surfoce woter flow patterns across the Site such thot these h¡storicol surface woter droinøge courses no longer exist. Both a site visit and current mapping data has indicated that no waterbodies currently exist on the parcel and that the Applicant is compliant with all required waterbody setbacks. Section 7-2O4 Drainage and Erosion The Applicant has requested a waiver from a grading and drainage plan due to the fact that the proposed occupancy of the site will involve no additional development or grading changes. The 10 Applicant submitted the following related to drainage and erosion No changes tn exisfing Site development are proposed ss part of Stericycle's proposed occupancy. Stericycle's use will be limited to direct truck-to-truck waste transfers, route truck parking, and transfer tro¡ler staging in previously disturbed areos of the site. The Site is currently used for vehiculor parking ønd materiol støging. Disturbed oreos of the Site oppear to have been stripped of vegetotion and topsoil, levelled, and stobilized with a gravelly base surfacing. The Site is adequately graded such that drainage occurs away from the buildings towards the perimeter' No structural drainoge features exist on the Site. Surface water runoff occurs primorily as sheet flow, draining away from Site structures and discharging primarily to the historic riverine drainage courses along the southern and eastern property boundary. A response letter from a managing member of the property (Exhibit 18) describes the gravel work that was completed to the fill lower areas east of Metal Building G in order to accommodate the flow of Stericycle equipment as well as how the staging area east of Building G was re-graded. The application was referred to the County designated engineer who identified no issues with drainage or erosion. A site visit confirmed that the parking and staging area east of Metal Building G drains to the east away from the building. Because Stericycle's use will be limited to direct truck-to-trailer transfers with no type of development or disturbance on-ground, it is Staff's opinion that the Applicant is compliant with drainage and erosion requirements and a waiver is wa rra nted. Sections 7 -2O5 Environmental Quality The Applicant submitted the following related to environmental quality: Waste to be tronsferred ond stored on-site will be pockaged and stored in accordonce with opplicable regulations, in a monner ond locotion thot prevents leakage ond mointains the integrity of the packaging at all times, and also provides protection from water, precipitation, ond wind. Due to the temporary and containerized nature of waste transfers on site, it is Staff's opinion that, aside from the typical ¡mpacts from motor vehicles, there will little to no impact to air or water quality. Comments were received from Garfield County Environmental Health (Exhibit 14) who recommended the Applicant obtain a Waste Handling Permit from CRFR, limit truck motor idling and make sure that waste is not stored onsite for longer than72 hours. These suggestions are reflected in Conditions of Approval2, L5 and l-6. 11 ln addition to this Land Use Change Permit process, the Applicants are required to work with other regulatory entities including CDPHE's Solid Waste Permitting Unit. Staff has referred the Applicant's Engineering Design and Operations Plan (EDOP) to this department for their concurrent technical review for issuance of a Certificate of Designation. This level of review by multiple regulating entities ultimately assures the necessary level of oversight needed for safety and compliance of an application of this type. Section 7-206 Wildfire Hazards According to the Community Wildfire Protection Plan (CWPP), the site is within an area of low wildland fire susceptibility. The applicant has represented the following about fire safety: The existing 2,400 squøre foot building at the Slte rs equipped with a fire alarm system that outomoticatly qctivates in case of fire. This system is designed ond maintained in accordønce with locat ond støte fire code. Additionally, fire extinguishers are provided by the property lessor. Stericycle personnel ore trøined in fire extinguisher use. The application was referred to Orrin Moon of Colorado River Fire Rescue who conducted a site visit and submitted referral comments (Exhibit 11). CRFR will require the applicants to have a posted address visible from County Road 352, properly installed and rated fire extinguishers, properly placarded hazard identification, Knox Box or Knox Paddlocks on the access gate and an all-weather driving surface for the transfer site and firetruck turnaround as discussedinT-LO7. CRFR will also require the applicants to obtain a Waste Handling Permit through the District as well as undergo an inspection of Metal Building G by Garfield County Building Department. These comments from cRFR are reflected in conditions of Approval 2,7 and 14. Section 7-207 Natural and Geologic Hazards The Applicant has represented the following concerning natural hazards: The surficiat geotogy in the vicinity of the Site consists of colluvial sheetwash deposits. Low-tying oreøs of cotluvial sheetwash deposits are reportedly prone to periodic sheet ftooding. However, the surficial soils at the Site pose no threat to flooding or ponding potential and the presence of the historic riverine drainage courses within the surrounding undisturbed tønd indicotes that sheet flooding from off-site runoff is not tikely. No other geologic or notural hazords are known or expected to impoct operations at the Site. County hazard mapping data show no hazards on the site and any threats posed by periodic sheet flooding appear to be minimal. Section 7 -2O8 Reclamation As previously discussed, Stericycle's occupancy of the site will be limited to direct truck-to-trailer transfers, route truck parking and transfer trailer staging in previously disturbed areas of the site. As no additional disturbance is anticipated beyond what is required for the long-term functioning of the site, Staff does not anticipate that reclamation be required. 12 Article 7, Division 3,Site Planning and Development Standards Section 7-3OL Compatible Design Due to the industrial nature of the parcel and its surrounding land uses, issues associated with site organization or buffering are not expected. ln terms of operational characteristics, it is not anticipated that the parking of vehicles and transfer of containerized waste will present any kind of nuisance to adjacent uses. lt is Staff's opinion that the application is generally compatible with adjoining uses. Section 7-302 Off- Street Parking and Loading Standards: The Applicant submitted the following regarding parking and loading: Stericycle's proposed occuponcy of the Site and proposed Site operations do not foll under any of the use types requiring off-site street porking. Further, Stericycle's proposed occuponcy of the Site will be limited to direct truck-to-truck tronsfers; therefore, requirements for transfer or looding berths/space to the existing building are not applicable. Sufficient porking is ovoilable throughout the grovelly base surfoced areøs of the Site. The site exhibits ample space for loading, unloading and parking associated with the use. Both the County and Colorado River Fire Rescue observed the need for additional surfacing materials in order for the parking areas, staging areas and fire truck turnaround to have all-weather driving surfaces as required bythe LUDC. This requirement is reflected in Condition 7. Because the staging and parking area east of Metal Building G is slightly sloped, Staff has íncluded a requiring the Applicant to work with Colorado River Fire River in creating a parking plan for trucks and trailers utilizing the site for transfer operations. This plan will be accepted by Colorado River Fire Rescue and Garfield County. Sections 7 -303 Landscaping Standards: lndustrial uses are not subject to specific landscaping requirements of the Code Section 7 -3O4 Lighti ng: No lighting is proposed for the facility Section 7-3OS Snow Storage Standards: The application has demonstrated that there is adequate space to meet snow storage standards Section 7-306 Trail and Walkway Standards: Trails and walkway standards are generally not applicable based on the type of use l3 Article 7, Division 1001, lndustrial Use Standards A. Residential Subdivisions The location is not within a residential subdivision B. Setbacks The application has represented and the site plan showsthat allactivityassociated with the use of the transfer station will be a minimum of L00 feet from all adjacent residential property lines. C. Concealing and Screening Because the proposed use is located on a parcel that is zoned industrial, concealing and screening is not required. D. Storing The Applicant submitted the following regarding storing at the site: Woste will be stored in the tronsfer trailer on-Site in accordonce with applicoble regulations. All waste storoge will be in o manner ond locotion thot prevents leokage, maintains the integrity of the pockoging at all times, ond provides protection from woter, precipitotion, and wind. Route trucks ond refrigeroted trønsfer trailers are constructed of impervious, corrosion-res¡stont moteriols thot con be cleaned ond disinfected. Route trucks and tronsfer troilers will be porked/stoged in areos that provide odequate drøinoge and ore free of standing woter. Once a transfer trailer is filled, it will be houled to o treatment facility within 48 hours. Medical wqste will be stored on-Site for no longer than 72 hours. lf odors or nuisonce conditions develop, the environment within the transfer trailer will be refrigerated to 45"F or less or the waste will be tronsported off-site to an qpproved treotment or disposal focility. No waste moteriqls will be stored outside of the trqilers. Tronsfer trailers will be locked or sealed when |ooded with woste away from the Focility or unottended. All tronsfer trailers and route vehicles will be locked and seoled when the Facility is vocoted. As per this representation and comments submitted by Garfield County Environmental Health, Staff has included a condition limiting the amount of time waste can be stored in the trailers (COA #15). With the inclusion of this condition, it is Staff's opinion that the Applicant's proposal conforms to industrial storing standards. E. lndustrialWastes No industrial wastes will be produced or stored at this facility. F. Noise As the proposed use of the site will be limited to direct truck-to-trailer transfers, route truck parking and transfer trailer staging, the only noise expected to be generated at the site will be 14 limited to the starting, driving, braking and backing of the vehicles. A suggested condition of approval shall be included that the Applicant comply with applicable noise requirements (COA #17). G. Ground Vibration No ground víbration is expected outs¡de that created by motor vehicles. H. Hours of Operation The applicant would like to be able to access the facility 24 hours a day,7 days a week, but generally within normal business hours. The decision-making body has the ability to alter the permitted hours of operation for the facility. The Applicant has represented the following concerning facility hours of operation. The Rifle focility is proposed to operote up to 52 weeks ã year, 7 doys o week, 24 hours o day, øs needed, to monage ond process incoming medicql waste. Normal business hours ore expected to be 8:00 a.m. to 5:00 p,m., Mondoy through Friday. Staff has included a suggested condition of approval that the site will operate within normal business hours with the exception of operation outside normal business hours for exceptional or unusual circumstances (COA #l-6). l. Interference, Nuisance or Hazard lndustrialstandards require that every use shall be so operated that it does not emit heat, glare, radiation, or fumes that substantially interfere with the existing use of adjoining property or that constítutes a public nuisance or hazard. The Applicant has represented that the transfer trailers come equipped with refrigeration so as to control any possible fumes from the waste stored insíde during the hotter months of the year. Staff has included a condition requiring refrigeration to be used as needed to control any odors associated with the waste during instances of temperature increases (COA #15). VI. RECOMMENDED FINDINGS AND CONDITIONS Recommendation Staff recommends approval with conditions for the proposed Limited lmpact Review with the following conditions of approval should the BOCC wish to approve the application. Suggested Findings t. That proper public notice was provided as required for the hearing before the Board of County Commissioners. l5 2. The hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the proposed Land Use Change Permit for an lnfectious Waste Transfer Station is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That with the adoption of conditions and for the above stated and other reasons the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. Suggested Conditions of Approval nce of the Land Use 1-. Prior to issuance of the Land Use Change Permit, the Applicant shall obtain a Certificate of Designation from Garfield County Board of Health. 2. Prior to issuance of the Land Use Change Permit, the Applicant shall obtain a Waste Handling Permit through Colorado River Fire Rescue. 3. Prior to issuance of the Land Use Change Permit, the Applicant shall work with Colorado River Fire Rescue to create a parking plan for trucks and trailers utilizing the site for transfer operations. This plan will be signed off on by Colorado River Fire Rescue and Garfield County. 4. Priorto issuance of the Land Use Change Permit, the Applicant shall submit an updated and scalable site plan that shows accurate building locations, vehicular circulation patterns, parking and loading areas and parking orientations consistent with the parking plan submitted to Colorado River Fire Rescue. General itions 5. All representations of the Applicant contained in the Application submittals shall be conditions of approval unless specifically amended or modified by the conditions contained herein. 6. The facility shall be operated in accordance with all applicable Federal, State and local regulations governing the operation of this type of facility including but not limited to CDPHE and OSHA laws and regulations. 16 7. Prior to operation, the Applicant will provide evidence to the County that an all-weather driving surface for the transfer and parking areas and fire truck turnaround has been installed. 8. Prior to operation, Metal Building G will undergo an inspection by Garfield County Building Department. This building shall be subject to all Garfield County Building Code Requirements. The property owner shall obtain all necessary Garfield County Building permits for modification and/or expansion to the structure. 9. The Applicant shall comply with Garfield County's Noxious Weed Management Plan by monitoring the site in the 201-9 growing season with treatments if necessary. i-0. The access road and driveway from County Road 352 shall be maintained to the standards outlined in Section 7-LO7 of the Land Use and Development Code of 2OL3, as amended. 1L. Vehicles entering and exiting the site shall adhere to the designated haul route that avoids higher traffic areas as shown on the site plan. 12. Use of Metal Building G by drivers shall be limited to activities related to the loading and unloading of vehicles. 13. Portable sanitation unit(s) shall be provided for on-site employees and maintained on a weekly basis. 1-4. As per Colorado River Fire Rescue referral comments, the property shall have fire extinguisher(s) with a 3A-40 BC rating that shall be mounted so they can be accessed within 75'travel distance from anywhere in the building. The property shall have the address posted and visible from County Road 352 and an address sign posted at entrance gate. The access gate shall have Knox Box or Knox Paddlock installed. 15. Waste shall be stored on-site for refrigeration as needed. no longer than 72 hours. Trailers shall utilize 16. Operation of the site is permitted primarily during the hours of 8 a.m. to 5 p.m. Monday through Friday with the exception of hours outside these due to exceptional or unusual circumstances. Truck drivers shall limit vehicle idling while on site. l-7. The use shall comply with all applicable County and State noise requirements. L8. The Applicant shallcomply with all lndustrial use standards as described in Section 7-IOOL of the Land Use and Development Code of 201-3, as amended. t7 MOUNTäIN CROSS ENGINEERING, INC. Civil and Environmøntal Conrulting and Design Exh ibit 10 October'8" 2018 Ms" Claire Dalby Garfi eld County Planning 108 81h Strcet, Suite 401 Glenwood Splings, CO 81601 RE: Stericycle Infectious Wastc Transfer Facility Application: LIPA-07-18-8664 Dear Claire This office has performed a review of the clocuments provided for the Limited Impact Review Application for the Stericycle Infectious \üaste Tlansfer Facility. The submittals were lbund to be thorough and well organizecl. The review generated the following comment: 1. The Application materials show a caretaker residence on site. The Applicant shoulcl discuss how the use will impact the residence, any water well, and/or on-site wastewatet treatment system. 2. The Application materials show that access to the site will be gained over â private gravel road. The Applicant should provide evidence that there is legal access tluough an easement or existing right-of way. Feel free to call if you have any questions or cotnments. Sincerely, Cross Inc PE 8261/,Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.55 44 F: 97A.945,5558 www.mountaincreiss-eng'cotrl Exh ¡bit 11 Colorado River Fire Rescue Claire Dalby 108 8th Street, Suite 201 Glenwood Springs, CO 81601 October 23,2018 RE: Rifle Stericycle Infectious Waste Transfer Facility Claire: This letter is to advise you thatl have conducted a site visit and reviewed File Number: LIPI-O7-18-8664, Stericycle Waste Transfer Facility located at 552 County Road 352, Rifle, CO. The following is my comments: 1. Property shall have address posted and visible from County Road 352 and address sign posted at entrance gate. Section 505.1 , 2015 International Fire Code (IFC). 2. CRFR may require a Waste Handling Permit for the facility operation. Section 1 05. l . 1, 1 05 .l .2, 105.1.6, 105.2.2, 105.3, I 05.3.3, 105.6.47, of 2015IFC. 3. Waste transfer facility shall be properly placarded to the hazard. NFPA704 Identification of Hazards of Materials for Emergency Response placard shall be posted at transfer site. 4. Access Gate shall have Knox Box or Knox Paddlock installed. Section 506.1 and 506.1.7,2015 IFC. 5. All weather driving surface required around facility of Transfer Facility and fire truck turnaround. Section 503.2.2,503.2.3 and 503 .2.4,2015IFC. 6. Fire extinguishers (s) are required to be installed, mounted, clearly visible, and accessible in in building. Extinguisher (s) shall have a 3A-40 BC rating and shall be mounted in building so they can be accessed within 75' travel distance from anywhere in the building. Section 906,2075IFC. 7. Office building shall be inspected by Garfield County Building Department to insure support beam for roof has been properly repaired. Thank you for allowing me to review this referral and please feel free to contact me with any questions or concerns. Thank You, Colorado River Fire Rescue Orrin D. Moon, Prevention Division Chief/ Fire Marshal CRFR Andv Schwaller Claire Dalby RE: Garfield County Referral Request - Stcricyclc Infcctious Waste Transfer Facility Limited Impact Review File No. UPA-07-18-8664 Thursday. october 25, 20LB 2:04:44 PM image001.ong Exh¡b¡t L2 To: Froml Subject: Däte: Attachmentsr HiClaire, I looked up the building permit for that parcel. lt is permitted as cold storage S-1. lf they want to mal<e a part timc officc out of it, they will need to do a tenant finish building permÌt for a B occupancy under the building code. As part of the building permit, the structural issue you saw could also be addressed. Snag me if you have questions, Andy DEPARTMENT OF PLANNING & DEVELOPMENT 202 Railroad Avenue, Rifle, CO 81650 Phone: 970-665-6491 M..oLot¡^ooJ_ October 1.2018 Exh¡bit 13 Claire Dalby, Planner Garf,reld County Cornmunity Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 VIA EMAIL: cdalby@garfìeld-county.com Re: Stericycle Infectious Waste Transfer Facility Location: 552 County Road 352, Rifle, CO 81650 Project: LIPA-07-l 8-8664 After reviewing the above referenced application. I have made the following comments I ) The 2009 Rifle Comprehensive Plan anticipates the subject property to be used for Light Industrialpurposes. It is located outside of the Rifle Airpark subarea. The current Garfield County zoning is Industrial (l), which is generally consistent with the future land use described in the comprehensive plan. 2) There appears to be no similar use permitted within the Rifle Municipal Code (RMC), so it is difficult to compare our development standards against this proposal. That being said, it is noted that the proposed use is essentially a transfer station (truck to truck), with no actual processing or long-tenn storage of waste materials on the site (which would not be ideal in an urban environment). 3) There appears to be a singular access point for this facility, as well as other industrial uses, frolî County Road 352 (aka Airport Road). It may be necessary, if not already in place, to create easerrents to ensure all affected ploperty owners (north and south of the site) r.vill receive/maintain access to their properties. It is noted that the total increase in traffic is minimal (about 7 vehicles per day, including twice-weekly serni-trucks) and will not be pennitted west of the site along Airport Road, but will utilize the Mamm Creek interchange on I-70. This should be a condition of approval, in order that the site does not significantly increase in scope without oversight from Garfield County. With consideration of the above cornments, the City Of Rifle has no objections to the proposed application. Tlie City of Rifle appreciates the opportunity to review this reqr"rest. If you have any questions, please let me know Brian Rusche, Planner II brusche@rifleco.ore 97A-66s-6497 Nathan Lindquist, Planning Director nlindquist@rifleco.ors Public Heulth Exhib¡t 14 2014 Blake Avenue Glenwood Springs, CO 81601 (970) 945-6614 195 W. 14th Street Rifle, CO 81650 (970) 625-5200 Garfield County Community Development 108 8th Street Glenwood Springs, CO 81601 Attn: Claire Dalby October 12,2018 Hello Claire, My comments for the Stericycle lnfectious Waste Transfer Facility in Rifle are as follows: 1. The operator should obtain a Waste Handling Permit from Colorado River Fire and Rescue if necessary to ensure the fire department has the resources to respond in the event of a spill or fire on site. 2. The area where the trailer will be stored during transfer operations should be graded to ensure it does not tip or cause materials to slide around. lt appears from the applicants responses that this is being resolved. 3. ln Section 6.2 of the Engineering Design and Operations Plan which covers "Waste Storage," the applicant states that medical waste will be stored for no longer than 72 hours which does not require a daily inspection. lf time limits exceed this threshold, the operator should take action accordingly. 4. Truck motor idling should be limited during transfer operations to reduce vehicle emissions. 5. lf the adjacent building is used for regular operations, proper water and wastewater capacity should be provided. Please feel free to contact me with questions. Thank you, {7?*ø*ffr" H,/¿ Morgan Hill Environmental Health Specialist lll Garfield County Public Health 195 W. 14th Street Rifle, CO 81650 (970) 665-6383 Gurfield County Garfield County Public Health Department - working to promote health and prevent disease GørIieId County Vegetøtion Manøgement Exh ¡b¡t L5 November6,2018 Claire Dalby Garfield County Community Development Department RE: LIPA - 07 - 18 - 8664 Stericycle lnfectious Waste Dear Claire, Staff looked at the site and there d¡d not appear to be any significant noxious weed issues on site, Staff requests that the applicant comply with the Garfield County Noxious Weed Management Plan by monitoring the site in the 2019 growing sèason for county listed noxious weeds (attached) with treatments if necessary. Steve Anthony Garfield Gounty Vegetation Manager 195 W. l¿lfr Strêet, Bldg. D, Suite 310 Rifle, CO 81650 Phone: 970-945-1377 x 4305 Mobile Phone: 970'3794456 From To: Subject: Datel Attachments: Chris Bornholdt Clairc Dalby Exh ¡bit 16 RE: Garfield County Referral Request - Stericycle Infectious Waste Transfer Facility Lirnited Inrpact Review File No. UPA-07-18-8664 Monday, October 15, 2018 10:02:35 AM imaoe003.ono I don't see any issues with it. ô (/r"¿¿ ga4'¿aHf Garfield County Emergency Manager 107 8th Street Glenwood Springs, CO 81601 1-970-945-0453 x IOI2 cborn holdt@ ga rcosheriff.com From: Cla i re Dal by <cda I by@ garfield-county.com> Sent: Tuesday, October 09,201-8 4:38 PM To: Chris Bornholdi <cborn holdt@garcosheriff.com> Subject: Garfield County Referral Request - stericycle lnfectious Waste Transfer Facility Limited lmpact Review File No. LIPA-07-18-8664 Good Afternoon, Garfield County Community Development is requesting referral comments for an application submitted by Stericycle lnc. on behalf of Strategic Financial One for a Limited lmpact review for a waste transfer facility. The property is located on the southeastern boundary of the City of Rifle and is known by Parcel No. 2179-192-00-608. The applicant has proposed an infectious waste transfer facility for the temporary storage and truck-to-truck transfer of regulated medical waste, animal and plant health inspection service waste and non-hazardous pharmaceutical waste. Transfers will be conducted in a truck-to-truck manner from smaller route trucks to larger transfer trailers staged at the site, The facility will be unmanned and will therefore not require a source of water or wastewater system, Access is via private access road off County Road 352. The property is zoned lndustrial(l). The link to the application is available here. Garfield County Community Development is requesting any referral comments by Tuesday, October Froml Subject: Michael Prehm ClairaDalþ¡( Rdyjeän Rúnìån; Dan Gsin File # LIPA-07-18-8664 Stericycle Infectious Waste Transfer Facility Friday, Octobcr 26,2018 10:35:06 AM Exh¡b¡t 1"7To¡ Ccl Date! Claire ln reviewing the application and doing a site visit, impact to the County Road system will be minimal, The driveway currently meet our Road & Sridge standards. Garfield County Road and Bridge have no concerns with this application. Thank you for the opportuníty to review Mike Prehm Foreman GarfieldCountyR&B 0298 County Rd. 3334 Rifle, CO 81650 From: To: Cc: Subject: Date: Attachments: Kell4 Bridget Claire Dalbv "rol¡trusso(,ì)onlail.corì"; Mitchell. Heath; Velasouez. Michael FW: AAA Colorado Storage/Stericyle - Rifle site improvement issues Monday, Octobcr 22, 2018 9:18:29 AM image002.pno iÙldge004.pncr image005.pno imaoe001.ong Exh ¡b¡t 18 Claire, Rob Russo sent the following information regarding site improvements. lf it would be beneficial, he could be on the calltoday. lf you think that would help please send an invitatron to Rob Russo or I can forward. Bridget Kelly Field Compliance Manager, SCS-NW ti4: +'l 206-510-0867 | F: +1 800-568-6142 | stericycle.com tatrll¡¡Stericycle From: Robert Russo lmailto:robtrusso@gmail.coml Sent: Saturday, October 20,2018 4:35 AM To: Kelly, Bridget Subject: AAA Colorado Storage/Stericyle As discussed on Friday,I have been advised by the general manåger of the storage facility that we have re-graded the area east of Building G in order to resolve the ooslope" and meet the countryts request. We have also replaced the beam in Building G referenced below. As for grading and improving the drive, transfer and parking areas, this subject wâs never discussed with me during the many meetings I have attended over the months and therefore is not an lltlt hour consideration. In final preparation for Stericyle's arrival, we spent $8,200 on gravel to fill low areas east of Building G to accommodate the flow of your equipment. This rvas done voluntarily in late August as a logical accommodation to Stericyle. And finally, I was advised that the Colorado River Fire District has requested improvements to a fire hydrant on the property. Without knowing who owns the hydrant, I have approved his recommendations at an estimated cost of approximately $650.00-$700.00. This too should meet counfy requirements. Same will be completed during the coming week, well in advance of the BOCC meeting in November. Please advise if you would like me to attend Monday's conference call. Thank you in advanceo Bridget. Best, Rob Rol¡ert A. Russo Controller Strategic One Financial 263 Main St., Suite 309 Old Saybrook,CT 06475 (o) 860-388-6708 (c) 203-s06-8663 (E) robtrusso@gmail.com Conf¡dential¡tv Notìce: The infomation contained in this electronic messagè and any attachments lo th¡s message are intended for the exclusive use of the addressee(s) ând mây conta¡n conf¡dentiaì or privileged infomation. No representat¡on is made as to the accurâcy or æmplêteness of the informat¡on conta¡ned in lh¡s electþnic message. Certain assumpt¡ons may have been made ¡n the preparation of this material at this date, and ar€ subject to change withoul notice. lf you are not the ¡ntended recìp¡ent, you are hereby not¡fied that any d¡ssem¡nâtion, distribution or copying of this e-ma¡l and any attachment(s) is strict¡y prohib¡ted. Please reply to the sender and destroy all copies of th¡s message and delete any attachments from your system. Exh ¡b¡t 1" PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. lnaddition,pleaseinitialontheblanklinenexttothestatements¡ftheyaccuratelyreflectthe described action. F My application required written/mailed notice to adjacent property otivners and mineral owners. Mailed notice was completed on the qhaav of Oc+eb¿ç ., 20!È All owners of record within a 200 foot radius of the subject parcel were identified as shown in the Clerk and Recorder's office at least 15 calendar days prior to sending notice. All owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means [list] F My application required Published notice. tZ Notice was published on the I \S ory orÔc-\obef , 2018 Please attach proof of publication in [ ] My aL¡plication required Posting of Notice. -¿- Notice was posted on the \Sn¿ay of *Qg.þb-¿f ,20\S ,/ ,a/ t/ a Please attach proof of certified, return receipt requested mailed notice .B ¿Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. I testify that the above information is truê and accurate. Name: L Signature:(1 0d^o Gøffield County Date rö / 3r / 2-ôr9\U Ad#:0000319616-01 Customer: GARFIELD CO COMMUNITY DËVËLOPEMF Yoür aecount number ¡s: 1 001 3533 PROOF OF PUBLICATION RIFLE CITIZEN TELEGRAM STATE OF COLORAÐO COUNTY OF GARFIELD I, Samantha Johnston, do solemnly swear that I am Assoc¡atc Gcncral Manager of the RIFLE CITIZEN TELËGRAM, that lhe sarìe weekly newspaper printed, in whole or in part and published in the County of Garneld, State ol Colorado, and has a general circulation therein: thåt saìd newspaper l.las been publ¡shed cont¡nuously and uninteruptedly ¡n sa¡d County of Garf¡eld for a period of more Ìhân f¡fty-iwo consecutive weeks next prjÕr lo the f¡rst pub¡ication of the annexed legal uotice or advertisement, that said newspaper has been admitted to the Uniled Slates mails as a periodical under lhe prov¡s¡ons of the Act of March 3, 1 879, or any amend'¡ents thereof. and that said newspaper is a weekly newspaper duly qualified for publ¡shing legal notices and advertìsenrenls within the meaning of the lâws of lhe Slate $tPl8å"88n"r"¿ tegat notice or advertisement was published ìrì the regular and entire issue of every number of sa¡d weekly newspaper for the perìod of 1 ¡nsert¡on: and thai the flrsl publicatìon of said nolice was in thê ¡ssue of said newspâper dated 1011112Q18 and that the last publication of sâ¡d notice was dated '1011 1/201 I in the issue of said newspaper. ln witness whereof. I have here unto set my hand th¡s day, a011612018. IME MIICE ho¡ Slr¡l4lc On6 nn6æl.l hâs ¿Dnùod ro lhô E6rd ûl Counry CÒññh3iónô6, Gá4€ld Cøt, Srêro ol Colo€do, lo ßqld âIrnd us ChÂnd6 Pêrúi lô dìÕw a Wa3ß Ìtoßlør Fadù lFil. Nò-LrpA o7-rg @4) ro bo berod @ th6 iubi*r lwry MGd in bÙon 19, lffhhl!6, Adsù 92 WC@nly ul Gd'fd, Sldlv Prdbltucnpld: lhc tr@ry b hrd Âr 5æ Counû Ad 552 Rilê; co 8lM m ùê$uheiloñ bds' ôl rtu Cit ôl Ril|.. Te dr6 ß krcwñ bt A6soe¡ P¡r@l NùmÞor 21791Þ2¡0 @8. putLtcildtct Exh¡b¡t 2 À Bôâd ôl Colnù Comnllllùd. pub[c kÊ¡m ôn lhâ .pÞl¡.d¡M hú b.n FËSCHEÞ UIED lor lF6d¡e Nov.mh¡ 1g æ16 ál 1,6 Þ u rñ rhê tud ôl CôDñ 6mñls.iMéß Mæl ino Føn r@ 8rh SL &níd Spñ4ç, øloÊdo. 81601 -.*J //---- a rÉcr ol hnd b bl 1 ot særiór f9, llMsh¡p Isilh Fånoê 92 W$r of So 5ù Pdnci@l Mondr.¡ h Ga{srd öomry, cobr&, ¿& Þino næ øficdflry&ecnMrsbuom Aû¿F/ MadId EÉmpIiM bd'E ro r& eremoon ph ßcodd July Ê 1997 AsRæodbn No.51ffi lqohâ ûlh á 30 d a(:.4 €emnl s sh6. P$lbhd ¡n rho FÍr6 cil¡æn Td4rdñ o¡ øobll.ær8, m3rs16Samantha Johnston, Assocìate General Manager Subscribed and sworn to lrefore rne, a notary public ìn and Tor lhe County of Garfìeld, State of ColoÍado this day 10116i2A18. ûloJ-" Jerilynn Medina, Notary Public My Commission Expires: August 3, 2020 U.S. Postal CERTIFIE D MAIL', RECEI No lnsu¡ance Service,* PT wêbslte at U.S. Postalservice,o, CERTIFIED MAIL* , ll RECEIPT No lnsurance Coveøge P¡ovlcl&) lIIFLfi¡. {0 tt ¡nformatlon vrs¡t our at r\ru:r EO tflfr JTru ruEEE E¡ :rm EO tflrn*ü$" Csrt¡l¡ed Feê ._ . Rolurn HecelDt Feê {hndorsement Redu¡red) .Feslrlct€d Det¡very Fee(Endorsemenl RBqúired) lrl "Total postãgo & Fees Sit(;ıi?ij or PO Bo) Stá¡€ ill (Endorsemenl J¡ ru ruEE EI cfE-¡E rn r:l tr¡r! eosli:le Certified Fe€ ,¡iüi 3 .iw Flelurn Íf-¡trr m rjl trtÍ\ Scoti'Linda l l;i rit 1831 Ra ilroad ¡td VE Rifle, CO 91650 r".ål¿ {,û. Tolâl Postage & F0(rs EDE Ih 6450 CR 319 Rifle, CO 81GS0 ot PO [3 r¡lif EO IJ¡tr.¡ru ru ËtEtf EIEJIE mr:lEr! ltj mEI f, rO lflfr J¡ ru ru EI EIo or Pl uta rLfrm ÊO Irlr-¡ru ru Ef EIE E¡tf -!EI mr:l EIr! uo",$,ñ Csrl¡lled Fee Relurn Fìecelol Fee (Fndors€ment Fìedulred) Rsslricted Deliveru F€e (Endorsement Beqúked) 1i rj Tolal Postage & Fêss stu ot ¡-i,_¡ r'J ú ti.l EItf,-¡EI mrl EI Il Certified Fee r.".J8,iißf; ?îå,i,1,å?î Ä"#t5Jii"iiÌ.11",,",íilååî rl{t , Total postago & Fsss {i,r:;json 703 1 Ga County posliüe 108 8th St., S*te. 213Glenwood Springs, CO g1601 ffiGle nwood Springs, CO g1601 Ceri¡fied Feê Bolurn Fiecê¡pl Fee {EndorsemÊnl Requked) Fìesl¡¡rtûú [¡cl¡veru F€e (Endors{!iln{rl Reqúìred) ¡| ¡l Tolal Postage & Fèes tt$råf-ry &b it,r $'û;6 ot P( t)rtn' wgn'il ell Weaver PO Box 437 New Castle, CO 81647 CERTIFI ED MAI Lru RECEIPT u.s.Postal Service lt¡ I U.S.,Postal Service* CERTIFIED MAIL" RECEIPT Mall Nı Insu¡ance ËFftIt'lti$ r t: .ùii.liLl vl¡lt o{¡¡al ' tl;S, Postal Service,, CERTIFIED MAIL', RECEIPT .,(Domeslle ùlall.Only¡ l{o lncunnæ tuveragc Prøidd, I'lË¡J 0í¡$TLEr C0 t16+? $l-r . Lr if,¡_r " tii li L¡ r f.[(, for lnstrucllonE l --,'.\\t\l:i:.ìv.,,,# 'l _1'_ .&tl j1¡ìj,. .:1. ,¡EB i; ;:.. r . L':. . - J.. :^ ti.'t , t.'l ;, .¡tl* 'l Exh ¡bit 21 Community Development Department Gøffield County TO Board of County Commissioners FROM Claire Dalby, Planner DATE 12/31201.8 SUBJECT:Supplemental Staff Memo: Stericycle lnfectious Waste Transfer Facility Limited lmpact Review Continuance On November L3, 20L8, the Stericycle lnfectious Waste Transfer Facility Land Use Change Application was heard before the Board of County Commissioners. Staff recommended approval of the application with conditions. During the hearing, public testimony indicated that there were potential code violations on the property in the form of trash accumulation, trash burning and the occupation of recreational vehicles parked onsite. The hearing was continued to Decemb er 3,2OL8 in order for Community Development to investigate the alleged code violations. On Novemb er L4,201-8 County Staff conducted a site visit in order to determ¡ne if code violations existed on the property. lt was discovered that while there was no sign of trash accumulation ortrash burning, a caretaker has in fact been living on the site in a recreational vehicle for the last two years. A Notice of Violation has since been issued (see Exhibit 22). The fact that this constitutes a code violation and must be corrected in order for the property to be brought into compliance was made known to the property owner, Robert Russo of Strategic One Financial (the property owner) has acknowledged that they were not aware that a 108 Eighth Street, Suite 401 c I enwood,! i:;iä' r:;;i';do 8 1 6o I caretaker living on the property in an RV was a code violation and that they will take appropriate action in order to ensure the property is code compliant. Due to the particular circumstances, a 90-day timeframe to fix the code violation has been requested by the Applicant (Exhibit 23) due to the abrupt nature of the discovery, the longevity of the caretaker's residence on the parceland the time of yearwithin which he will need to vacate the premises and find a new living location. The property owner has appropriately acknowledged the facts of the situation and has assured the County that the property will be made code compliant. The potential for a separate fence inside the parcel to enclose the Stericycle staging site from the rest of the property was also briefly discussed at the November 13th BOCC hearing. This condition has been added as a Condition of Approval #9 for the Board to consider: At time of building permit, the Appticant will provide evidence to the County thot q secure fence has been instotted enclosing the truck ond transfer trailer porking areo. The fence orientation shott be opproved by both the county and colorado River Fire Rescue. Staff still recommends approval of the Stericycle lnfectious Waste Transfer Facility' ln addition to the new potential condition requiring fencing around the staging area, Staff presents two options to the Board, each of which would rectify the newly discovered code violation issues on the property and allow Stericycle to proceed with their operation on the site. Option A restricts the issuance of the permit until after the caretaker moves and the property is brought into compliance. Option B gives the requested 90 days to the property owner within which the caretaker can find an alternative living location and bring the property into compliance. Suggested Findings t. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. The hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 108 Eighth Street, Suite 401 Glenwood Springs, Colorado 81601 (9',10) 94s-8212 r::rj.ir r ! i..-j::,:1..:, :..i: :rr.. : : l:; ':i '¡r:Ì; i, ì,i ,'ri:r"ìi 'r' r' ' - ;rr'' : I'r-'i â..i,Ìi:j, ' ,i,, .lll,tlt¡;i. 3. That for the above stated and other reasons, the proposed Land Use Change Permit for an lnfectious Waste Transfer Station is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in general conformance with the 2030 Comprehensive Plan, as amended. S. That with the adoption of conditions and for the above stated and other reasons the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended' Option A: Code Compliance Pr¡or to lssuance of the Land Use Change Permit: Option A restrictsthe issuance of the permit untilafterthe caretaker moves and the property ís brought into compliance. Changes to original conditions are marked in yellow' Suggested Conditions of APProval nsP of the n Perm 1. prior to issuance of the Land Use Change Permit, the Applicant shall bring the property into code compliance so that no code violations exist. 2. prior to issuance of the Land Use Change Permit, the Applicant shall obtain a Certificate of Designation from Garfield County Board of Health. 3. prior to issuance of the Land Use Change Permit, the Applicant shall obtain a Waste Handling Permit through Colorado River Fire Rescue. 4. prior to issuance of the Land Use Change Permit, the Applicant shall work with Colorado River Fire Rescue to create a parking plan for trucks and trailers utilizing the site for transfer operations. This plan will be signed off on by Colorado River Fire Rescue and Garfield County. 5. prior to issuance of the Land Use Change Permit, the Applicant shall submit an updated and scalable site plan that shows accurate building locations, vehicular circulation patterns, parking and loading areas and parking orientations consistent with the parking plan submitted to Colorado River Fire Rescue' General nditions 6. All representations of the Applicant contained in the Application submittals shall be conditions of approval unless specifically amended or modified by the conditions contained herein. 108 Eightli Street, Suite 401 Glenwood Springs, Colorado 81601 (970) 94s-8212 7. The facility shall be operated in accordance with all applicable Federal, State and local regulations governing the operation of this type of facility including but not limited to CDPHE and OSHA laws and regulations. 8. Prior to operation, Metal Building G will undergo an inspection by Garfield County Building Department. This building shall be subject to all Garfield County Building Code Requirements, The property owner shall obtain all necessary Garfield County Building permits for modification and/or expansion to the structure. 9. At time of building permit, the Applicant will provide evidence to the County that a secure fence has been installed enclosing the truck and transfer trailer parking area. The fence orientation shall be approved by both the County and Colorado River Fire Rescue. i-0. At time of building permit, the Applicant will provide evidence to the County that an all- weather driving surface for the transfer and parking areas and fire truck turnaround has been installed. l-i-. The Applicant shall comply with Garfield County's Noxious Weed Management Plan by monitoring the site in the 201-9 growing season with treatments if necessary. 1-2. The access road and driveway from County Road 352 shall be maintained to the standards outlined in Section 7-IO7 of the Land Use and Development Code of 201"3, as amended. i-3. Vehicles entering and exiting the site shall adhere to the designated haul route that avoids higher traffic areas as shown on the site plan' 14. Use of Metal Building G by drivers shall be limited to activities related to the loading and unloading of vehicles. i-5. Portable sanitation unit(s) shall be provided for on-site employees and maintained on a weekly basis. 16. As per Colorado River Fire Rescue referral comments, the property shall have fire extinguisher(s) with a 3A-40 BC rating that shall be mounted so they can be accessed within 75'travel distance from anywhere in the building. The property shall have the address posted and visible from County Road 352 and an address sign posted at entrance gate. The access gate shall have Knox Box or Knox Paddlock installed. 17. Waste shall be stored on-site for no longer than 72 hours. Trailers shall utilize refrigeration as needed. 108 Eighth Street. Suite 401 Glenwood Springs, Colorado 81601 (9'/0) 94s-8212 18. Operation of the site is permitted primarily during the hours of 8 a.m. to 5 p.m. Monday through Friday with the exception of hours outside these due to exceptional or unusual circumstances. Truck drivers shall limit vehicle idling while on site. L9. The use shall comply with all applicable County and State noise requirements. 20. The Applicant shall comply with all lndustrial use standards as described in Section 7-L00L of the Land Use and Development Code of 201-3, as amended. Option B: Code Compliance Within 90 Days of Approval: Option B gives the requested 90 days from date of approval by the BOCC to the property owner within which the caretaker can find an alternative living location and bringthe property into compliance. Changes to original conditions are marked in yellow. Suggested Conditions of Approval Conditions Prior to lssuance of the Land Use Chanee Permit L. Prior to issuance of the Land Use Change Permit, the Applicant shall obtain a Certificate of Designation from Garfield County Board of Health. 2. Prior to issuance of the Land Use Change Permit, the Applicant shall obtain a Waste Handling Permit through Colorado River Fire Rescue. 3. Prior to issuance of the Land Use Change Permit, the Applicant shall work with Colorado River Fire Rescue to create a parking plan for trucks and trailers utilizing the site for transfer operations. This plan will be signed off on by Colorado River Fire Rescue and Garfield County. 4. Priorto issuance of the Land Use Change Permit, the Applicant shall submit an updated and scalable site plan that shows accurate building locations, vehicular circulation patterns, parking and loading areas and parking orientations consistent with the parking plan submitted to Colorado River Fire Rescue. General Conditions 5. All representations of the Applicant contained in the Application submittals shall be conditions of approval unless specifically amended or modified by the conditions contained herein. 108 Eighth Street, Suite 401 Glenwood Springs, Colorado 81601 (970) 94s-8212 6. The facility shall be operated in accordance with all applicable Federal, State and local regulations governing the operation of this type of facility including but not limited to CDPHE and OSHA laws and regulations. 7. Within 90 days of approval of the Land Use Change Permit, the Applicant shall bring the property into code compliance so that no code violations exist. lf the Applicant fails to rectify the code violation within this timeframe, the Land Use Change Permit shall be considered null and void. 8. Prior to operation, Metal Building G will undergo an inspectíon by Garfield County Building Department. This buildíng shall be subject to all Garfield County Building Code Requírements. The property owner shall obtain all necessary Garfield County Building permits for modification and/or expansion to the structure. 9. At time of building permit, the Applicant will provide evidence to the County that a secure fence has been installed enclosing the truck and transfer trailer parking area. The fence orientation shall be approved by both the County and Colorado River Fire Rescue. 1-0. At time of building permit, the Applicant will provide evidence to the County that an all- weather driving surface for the transfer and parking areas and fire truck turnaround has been installed. 11. The Applicant shall comply with Garfield County's Noxious Weed Management Plan by monitoring the site in the 201-9 growing season with treatments if necessary. 12. The access road and driveway from County Road 352 shall be maintained to the standards outlined in Section 7-t07 of the Land Use and Development Code of 201"3, as amended. L3. Vehicles enterlng and exiting the site shall adhere to the designated haul route that avoids higher traffic areas as shown on the site plan. L4. Use of Metal Building G by drivers shall be limited to activities related to the loading and unloading of vehicles. 15. Portable sanitation unit(s) shall be provided for on-site employees and maintained on a weekly basis. 1-6. As per Colorado River Fire Rescue referral comments, the property shall have fire extínguisher(s) with a 3A-40 BC rating that shall be mounted so they can be accessed within 75' travel distance from anywhere in the building. The property shall have the address posted and visible from County Road 352 and an address sign posted at entrance gate. The access gate shall have Knox Box or Knox Paddlock installed. 108 Eighth Street, Suite 401 Glenwood Springs, Colorado 81601 (970) 94s-8212 17. Waste shall be stored on-site for no longer than 72 hours. Trailers shall utilize refrigeration as needed. 1-8. Operation of the site is permitted primarily during the hours of 8 a.m. to 5 p.m. Monday through Friday with the exception of hours outside these due to exceptional or unusual circumstances. Truck drivers shall limit vehicle idling while on site. 1-9. The use shall comply with all applicable County and State noise requirements 20. The Applicant shall comply with all lndustrial use standards as described in Section 7-IOOL of the Land Use and Development Code of 201-3, as amended. 108 Eighth Street, Suite 401 Glenwood Springs, Colorado 81601 (e70) 94s-8212 Exh,bit 72 Commtrnlty lß 8ùSrÈet. Súil.Sl. C¡e¡$d Omñ:qeq5-8212 Devclopnrent Sndnts. Co8l0l ti¡: 97û3E¡'-14?0 7r/ls/20t8 Site Visit Report. To all concerned, a site visit was conducted on 11./L4/2O18. Members of Community Development, the Fire Department, Sterycycle, and the property manager of the site at 552 CR 352, Rifle, CO. were all present. My reason for attending was to check on reported possible code violations. What was explained to us during this meeting was that there had been people living in campers and even in the storage units at one time. They had been all cleared off the property. Afterwards the manager told us that he resides in his camper at the site. He told us that he had been there for two years. I explained that this was a violation of our code and that he would need to move it to an approved RV park. NOV will be sent 1.t/2O12018 for this violation. Wade Patton Garfield County Code Enforcement Email: wpatton @sarfield-cou ntv.com From: To: SubJect: Datei Robed Russo Claire Dalby A/qA Colorddo Sl.orage/Daryl Ptjce Matter Tuesday, November 20, 2018 7:10:03 AM Exh ¡bir 23 Claire - As discussed, we are speechless as it relates to the Daryl Price matter. Daryl has been with us for years, providing around-the-clock security and maintenance and quitc frankly, it never occurred to us that staying on the property was a violation of local rules. That said, we understand that he will need to leave the property. Given the change of seasons and upcoming holidays, we appeal to the County to give us 90 days to find a solution. Meantime, we understand that a formal notice of this violation will be served to the company. Please ensure that I am copied as our corporate offÎces are located on the east coast. Please let me know if a 90 day reprieve is found to be acceptable to the County, otherwise, we will comply with any decision that is made. Once againo on behalf of the company' we sincerely apologize for this mishap. Please contact me if further discussion is necessaryo otherwise, please let me know the outcome. Thank you in advance. Robert A. Russo Controller Strategic One Financial 263 Main St., Suite 309 Old Saybrook,CT 06475 (o) 860-388-6708 (c) 203-s06-8663 (E) robtrusso@gmail.com Conf¡dent¡alitv Notice: The information contained ìn th¡s electronic message and âny attachments to this message are ¡ntended for the exclus¡ve use of the addressee(s) and may æntain confÌdential or privi¡eged ¡nformation. No representâtion is made as to the accuracy or completeness of the infomation conta¡ned ¡n th¡s electronic message. Certain assumptions may have been made ¡n the preparation of this material at this date, ând are subiect to change w¡thout notice. lf you are not the intended destroy all cop¡es of this message and delete any altachments from your system.