HomeMy WebLinkAbout20053476.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Doug Ochsner, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1527
APPLICANT: Waste Management Disposal
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part NW4 of Section 7, T7N, R66W of the 6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for a use by right
of accessory use in the Commercial or Industrial Zone Districts (Administration
Facility, Container Repair Facility, Fueling Station, Truck Wash, Container
Storage, and Truck Storage in the A(Agricultural)Zone District
LOCATION: East of and adjacent to CR 25 and south of and adjacent to CR 8$.//
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the
Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-
220 of the Weld County Code as follows:
a. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect. Section 22-2-60 of the Weld County Code states:
"Conversion of agricultural lands to nonurban residential, commercial and industrial uses will be
accommodating when the subject site is in an area that can support such development. Such
development shall attempt to be compatible with the region. This goal is intended to address
conversion of agricultural land to nonurban uses." The site is to be served by North Weld County
Water and individual septic systems. The site is located within 1 mile of State Highway 14 and
within 1/2 mile of the existing Waste Management Disposal Services landfill operation to the
south.
b. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A(Agricultural) Zone
District. Section 23-3-40.R of the Weld County Code provides for uses by right and accessory
uses in the commercial and industrial zone districts as a Use by Special Review in the A
(Agricultural)Zone District.
c. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses. The property is adjacent to vacant farmland to the north and west. The
existing Waste Management landfill is located 1/2 mile to the south of the site. The nearest single
family residences are located approximately 3/4 mile east of the site and 3/4 mile north of the site.
The site is not visible from the residence to the north due to the hilly terrain in the area.
d. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The
site is not located within an existing urban growth boundary or intergovernmental agreement
boundary. The proposed development is located within the three-mile referral boundary for the
Town of Severance. A referral response has not been received from the Town of Severance.
e. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County Code.
Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere
to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Effective June 1, 2005, Buildings Permits issued on the site will be required to adh re to the fee
structure of the Capital Expansion Fee. (Ordinance 2005-7) EXHIBIT
2005-3476 1 ar
Resolution USR-1527
Waste Management Disposal
Page 2
f. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The application is located on land designated as "prime if irrigated" according to the USDA prime
farmlands of Weld County Map. The proposed development will encompass only 27 acres of an
existing 184 acre agricultural parcel.
g. Section 23-2-220.A.7 --The Design Standards (Section 23-2-240, Weld County Code), Operation
Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development
Standards ensure that there are adequate provisions for the protection of health, safety, and
welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to scheduling a Board of County Commissioners hearing:
A. The applicant shall submit a traffic study for review by the Colorado Department of Transportation
(CDOT) as required in their referral received August 31, 2005. Written evidence that CDOT has
reviewed and approved of the traffic study along with any of their comments and
recommendations shall be submitted to the Department of Planning Services. (CDOT)
B. Plans indicating landscape berm cross-sections shall be submitted to the Department of Planning
Services. (Department of Planning Services)
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2. Prior to recording the plat:
A. All sheets of the plat shall be labeled USR-1527 (Department of Planning Services)
B. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services)
2) County Roads 25 and 84 are designated on the Weld County Road Classification Plan as
local gravel roads, which require 60 feet of right-of-way at full build out. There is presently
60 feet of right-of-way. A total of 30 feet from the centerline of County Roads 25 and 84
shall be delineated right-of-way on the plat. These roads are maintained by Weld County.
(Department of Public Works)
C. The applicant shall enter into a Long-Term Road Maintenance and Improvements Agreement
with the Weld County Public Works Department for the upgrade, paving and future maintenance
of County Road 25. Evidence of Public Works approval shall be submitted to the Department of
Planning Services. (Department of Public Works)
D. The applicant shall complete all proposed improvements regarding access, circulation and
parking lot improvements and landscaping to the satisfaction of the Departments of Planning
Services and Public Works or enter into an improvements agreement regarding collateral for
improvements and post adequate collateral for all required on-site improvements. The
agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of
County Commissioners prior to recording the USR plat. (Department of Planning Services and
Public Works)
Resolution USR-1527
Waste Management Disposal
Page 3
E. The applicant shall submit a dust abatement plan to the Environmental Health Services, Weld
County Department of Public Health and Environment for review and approval. Written evidence
of such shall be provided to the Department of Planning Services. (Department of Public Health
and Environment)
F. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit application from the Air Pollution Control Division (APCD), Colorado Department of Health
and Environment. Alternately, the applicant can provide evidence from the APCD that they are
not subject to these requirements. Written evidence of such shall be provided to the Departments
of Public Health and Planning Services. (Department of Public Health and Environment)
G. The impoundment is subject to Regulation No. 61 of the Water Quality Control Commission of the
Colorado Department of Public Health & Environment. The facility shall provide evidence to the
Weld County Department of Public Health and Environment that it has either applied for a CDPS
permit or a waiver. Written evidence of such shall be provided to the Department of Planning
Services. (Department of Public Health and Environment)
H. The applicant shall submit evidence of an Aboveground Storage Tank Permit from the Colorado
Department of Labor and Employment (CDL&E), Oil Inspection Section for any aboveground
storage tanks located on the site. Alternately, the applicant can provide evidence from the
(CDL&E), Oil Inspection Section that they are not subject to these requirements. Written evidence
of such shall be provided to the Department of Planning Services. (Department of Public Health
and Environment)
A detailed design and operation plan for the truck wash and repair shop floor shall be submitted
to the Environmental Health Services of the Weld County Department of Public Health &
Environment for review and approval. The plan shall be reviewed and stamped by a registered
professional engineer and demonstrate that construction of the truck wash and evaporation pond
will limit discharges to the environment within the limits described in the rules and regulations of
the Water Quality Control Division of the Colorado Department of Public Health & Environment.
The plan should include, at a minimum, the following:
1. A description of the materials used to construct the wash bay.
2. The method of construction incorporated to prevent waste water from escaping
the structure.
3. A schematic of the flow of water through the wash bay, screen and oil/grease
trap to the evaporation pond.
4. A water balance or other demonstration that the evaporation pond is adequately
sized to store and dispose the anticipated hydraulic load from the trailer wash
and storm water runoff.
5 Written evidence of Health Department approval shall be provided to the
Department of Planning Services. (Department of Public Health)
J. The applicant shall submit a waste handling plan, for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health & Environment. The plan shall
include, at a minimum, the following:
1. A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2. A list of the type and volume of chemicals expected to be stored on site.
3. The waste handler and facility where the waste will be disposed (including the
Resolution USR-1527
Waste Management Disposal
Page 4
facility name, address, and phone number).
4. Written evidence of Health Department approval shall be provided to the
Department of Planning Services. (Department of Public Health and
Environment)
K. The applicant shall attempt to address the requirements of the Windsor-Severance Fire
Protection District as outlined in their referral received September 15, 2005. Written evidence of
such shall be provided to the Department of Planning Services. (Windsor-Severance Fire
Protection District)
L. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld
County Department of Planning Services. (Department of Planning Services)
3. Upon completion of 1. and 2. above the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the
Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared
in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and
additional requirements shall be submitted within thirty (30) days from the date of the Board of County
Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department
of Planning Services)
4. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use
by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS
formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The
preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to
mapsaco.weld.co.us. (Department of Planning Services)
5. Prior to issuance of Certificate of Occupancy:
A. An individual sewage disposal system is required for the administration and/or repair/wash bay
building and shall be installed according to the Weld County Individual Sewage Disposal
Regulations. An application for a septic permit for the office and shop has been applied for (SP-
0500167). (Department of Public Health and Environment)
B. The septic system is required to be designed by a Colorado Registered Professional Engineer
according to the Weld County Individual Sewage Disposal Regulations.
C. In the event the septic system(s) requires a design capacity of over 2,000 gallons of sewage per
day the applicants shall provide evidence that all requirements of the Water Quality Control
Division of the Colorado Department of Public Health and Environment (specifically Policies
WQSA-6 and WQSA-8 ) have been satisfied. Evidence of compliance shall be provided to the
Weld County Department of Public Health and Environment.
D. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V Injection
Well permit from the Environmental Protection Agency (EPA)for any large-capacity septic system
(a septic system with the capacity to serve 20 or more persons per day). Alternately, the
applicant can provide evidence from the EPA that they are not subject to the EPA Class V
requirements.
E. Two complete set of engineered stamped plans will be required at the time of permit application.
Actual building permit requirements will be determined at the plan review stage after building
permits have been applied for. Approval from the local fire district must be submitted before
permits can be finaled. (Department of Building Inspection)
6. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and
Recorder. (Department of Planning Services)
Resolution USR-1527
Waste Management Disposal
Page 5
7. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be
recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00
recording continuance charge shall be added for each additional 3 month period. (Department of Planning
Services)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Waste Management Disposal
USR-1527
1. The Site Specific Development Plan and Special Use Permit is for a use by right or accessory use in the
commercial or industrial zone districts (Administration Facility, Container Repair Facility, Fueling Station,
Truck Wash, Container Storage and Truck Storage) in the A (Agricultural) Zone District, as indicated in
the application materials on file and subject to the Development Standards stated hereon. (Department of
Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. A maximum of 160 persons are to be employed at the site as stated in the application materials.
(Department of Planning Services)
4. A maximum of one hundred thirty(130)trucks shall leave and return to the site each day(260 truck trips)
as outlined in the application materials.
5. Hours of Operation shall be 24 hours a day, 365 days a year as stated in the application materials.
(Department of Planning Services)
6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5,
C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and
groundwater contamination. (Department of Public Health and Environment)
7. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes
specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities
Act, 30-20-100.5, C.R.S.(Department of Public Health and Environment)
8. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing
debris, and other potential nuisance conditions. (Department of Public Health and Environment)
9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved dust abatement plan at all times. (Department of Public Health
and Environment)
10. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial, Zone District
as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment)
11. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility.
(Department of Public Health and Environment)
12. The facility shall have adequate equipment to dewater the retention structure, if necessary. (Department
of Public Health and Environment)
13. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank
Regulations (7 CCR 1101-14). (Department of Public Health and Environment)
14. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with
product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and
volatile organic compounds (VOC's). (Department of Public Health and Environment)
15. The facility shall utilize the existing public water supply (North Weld County Water District). (Department
of Public Health and Environment)
16. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment)
Resolution USR-1527
Waste Management Disposal
Page 2
^17. If applicable, the applicant shall obtain a Storm Water Discharge Permit from the Colorado Department of
Public Health and Environment, Water Quality Control Division. (Department of Public Health and
Environment)
18. A building permit is required for each structure on the site. Two complete sets of engineered stamped
plans will be required at the time of the permit application. (Department of Building Inspection)
19. Buildings shall conform to the various codes adopted at the time of the permit application. Current codes
adopted by Weld County include; 2003 International Building Code, 2003 International Mechanical Code,
2003 International Plumbing Code, 2003 International Fuel Gas Code, 2002 National Electrical Code, and
Chapter 29 of the Weld County Code. (Department of Building Inspection)
20. Fire resistance of walls and openings, construction requirements, maximum building height and allowable
areas will be reviewed at the site plan review. Setback and offset distances shall be determined by
Chapter 23 of the Weld County Code. (Department of Building Inspection)
21. The off-street parking spaces at the main office/trucks/employee parking lots including the access shall
be surfaced with asphalt, concrete, or the equivalent and shall be graded to prevent drainage problems.
(Department of Public Works)
22. The landscaping on site shall be maintained in accordance with the approved Landscape Plan.
(Department of Planning Services)
23. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of
exploration development, completion, recompletion, re-entry, production and maintenance operations
associated with existing or future operations located on these lands. (Department of Planning Services)
^24. The property owner or operator shall be responsible for complying with the Design Standards of Section
23-2-240,Weld County Code.
25. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
26. Personnel from the Weld County Departments of Public Health and Environment, Planning Services and
Public Works shall be granted access onto the property at any reasonable time in order to ensure the
activities carried out on the property comply with the Development Standards stated herein and all
applicable Weld County regulations.
27. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards as shown or stated shall require the approval of an amendment of the Permit by
the Weld County Board of County Commissioners before such changes from the plans or Development
Standards are permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
28. The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards. Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners.
Motion seconded by Erich Ehrlich
Resolution USR-1527
Waste Management Disposal
Page 3
/OTE:
For Passage Against Passage Absent
Michael Miller
Bruce Fitzgerald
Chad Auer
Tom Holton
Doug Ochsner
James Welch
Erich Ehrlich
Roy Spitzer
Paul Branham
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case
to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Voneen Macklin, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on October 4, 2005.
Dated the 4th of October, 2005.
vJ LlLL�,t G
Voneen Macklin
Secretary
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envelopes and the acreage needed to satisfy the requirements. There is a process that will allow the applicant
to modify the septic envelopes.
Peter Schei indicated that Public Works did not intend to lead anyone into false assumption with regards to the
access.
Tom Hahn indicated they were in agreement with the Development Standards and Conditions.
Chad Auer asked if there were other lots in the County that do not have access during a flood situation. Mr.
Schei indicated there are other properties in the County that do not have access during flood conditions. Mr.
Schei stated there are others in the county but the intention is to not promote this. Mr. Miller stated that there
have been some but they have slow water crossing the roadway. Mr.Auer stated it is hard to make a decision
based on margins.
Michael Miller moved that Case MZ-1081,be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Doug Ochsner seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Roy
Spitzer,yes; Erich Ehrlich,no;Michael Miller,yes;Chad Auer,yes;Tom Holton,no;Doug Ochsner,yes;Bruce
Fitzgerald, yes; Paul Branham, no. Motion carried.
Tom Holton commented that this application is not complete. Passing the proposed plat on to the Board of
County Commissioners is not acceptable and if the plat is submitted as part of the application it will be
deemed as part of the application.
Roy Spitzer commented that he would not vote for this if the lots 4-6 are included as presently platted. It has
been seen what happens when homes are in these types of situations.
Erich Ehrlich commented that he agrees with Mr. Holton. He would like to see the open space to the east.
Doug Ochsner commented this is a change of zone only and this is the highest and best use for the property.
Mr. Ochsner stated the safety reasons are a major concern; it is great to have a subdivision for the 4H type
projects. Do not make a nine lot subdivision; make it fit the surrounding area. Even though nine lots are
allowed this does not have to be a situation that utilizes all nine lots.
Michael Miller commented this case will come back to Planning Commission at final plan. Ayes vote does not
mean the existing lot layout is approved as it.
Bruce Fitzgerald commented lots 5& 6 should not be considered as buildable lots.
— CASE NUMBER: USR-1527
APPLICANT: Waste Management Disposal
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part NW4 of Section 7, T7N, R66W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for a use
by right of accessory use in the Commercial or Industrial Zone Districts
(Administration Facility, Container Repair Facility, Fueling Station, Truck
Wash, Container Storage, and Truck Storage in the A(Agricultural)Zone
District
LOCATION: East of and adjacent to CR 25 and south of and adjacent to CR 82.
Chris Gathman, Department of Planning Services, presented Case USR-1527, reading the
recommendation and comments into the record. The Department of Planning Services is recommending
approval of the application along with the Conditions of Approval and Development Standards.
Bruce Fitzgerald asked how long the landfill has been in business. Mr. Gathman stated it has been at least
10 years.
Doug Ochsner asked where the home owner that wrote the objection letter was located. Mr.Ga
they are north west of the site. EXHIBIT
1
Michael Miller asked about residences in area. Mr.Gathman stated there was nothing in the general location.
Chip Wertz,applicant representative, provided clarification on the project. Mr.Wertz indicated that they had
some questions as to the traffic study being done and having comments prior to scheduling the Board of
County Commissioners. Mr. Gathman stated they would like it prior to scheduling so that CDOT has time to
comment on the study.
Bruce Fitzgerald asked where this was being done presently. Mr. Wertz stated it was scattered throughout
several facilities in area,this is part of long range plan to manage the operation. Mr. Fitzgerald asked about
the number of employees being 125 at commencement. Mr.Wertz stated the application included everything
and it will be phased in three group, the administrative, truck drivers and maintenance that works at facility.
The future expansion addresses 129 trucks with 161 spaces for employee parking.
Bruce Fitzgerald asked about Development Standards#3 numbers. Mr. Gathman stated that there is a
potential in the future to go to 160 employees. Mr. Wertz stated 160 employees would be sufficient.
Bruce Fitzgerald asked if this was notified for. Mr. Gathman stated that the number is not advertised but the
use is. Mr. Gathman added that CDOT would still be reviewing the traffic study and the county is covered by
the uses.
Michael Miller asked about the hours of operation and the need to amend them. Mr.Gathman stated that the
administrative employees will be 8:00am — 5:00pm. but the operational maintenance will be different. The
application stated there is ongoing maintenance. Mr.Wertz stated the commercial roll off operation begins at
2:00 am. then stagger throughout the morning. Typically they work in 8-10 hour shift with everyone back by
4:30 pm. There is maintenance in evening. Dan Ward, Director of Operations, stated that there are three
staggered shifts. Maintenance is done indoors and is done seven days a week, twenty four hours a day;
administration is 8-5pm. All maintenance should be inside; outdoor maintenance would be by emergency
only. Maintenance is done Monday—Saturday with the typical Saturday ending by 3:00 pm with no Sunday
operation. The maintenance is on call on holidays. Mr. Auer stated that at full capacity there will be 160
people, 130 drivers, 30 administration and maintenance. Mr. Ward stated that the driver portion is 120 with
the rest being administration and maintenance.
Bruce Fitzgerald asked what the haul route was going to be. Mr. Ward stated it will be down CR 25 to
Highway 14. Mr. Carroll added that will be a paved.
Erich Ehrlich asked if Waste Disposal owned the land between land fill and this site and if it will stay agriculture
until a larger site is proposed. Mr. Ward stated they do own the land and it will stay in agriculture.
Michael Miller asked Ms. Davis about the truck wash aspect and if there was any monitoring standards for
what could come out of water. Ms.Davis stated the water that is being used for the truck wash will be re-used
on the road for dust control. Ms. Davis added that the Water Quality Control Division will monitor and staff has
asked for a design operation plan for truck wash. The monitoring will be up to the State Division.
Bruce Fitzgerald asked what other permitting does the State do. Ms. Davis stated the air emission, water
retention area,storage tanks and wash and repair shop have all been included in the conditions. There is also
a condition regarding the underground injections wells.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Michael Miller asked about the injection well permit for the drainage and repair shop. Ms. Davis stated the
injection wells will be monitored by the UIC. They take care of the wells and the septic systems.
Michael Miller moved to accept the staff recommendations by Ms.Davis and delete Development Standards
#27, insert Ms. Davis language in prior to certificate of occupancy at 5.B.C.D and re-letter. Doug Ochsner
seconded. Motion carried.
Char Davis would like to delete Development Standards#12 
.
Chad moved to remove. Doug Ochsner seconded. Motion carried.
Michael Miller moved to amend Development Standards #3 to reflect 160 employees and Development
Standards#4 to reflect 130 trucks. Chad Auer seconded. Motion carried.
Michael Miller indicated it would be difficult to break down the operation hours into separate categories. The
hours would be 365 days, 24 hours.
Michael Miller moved to approve the above language. Tom Holton seconded. Motion carried.
Don Carroll added that CR 25 will be paved because of the intense use and the applicant has agreed to this.
There have also been improvements agreements for the maintenance. The staff has asked for a stormwater
drainage plan which has been approved.
Erich Ehrlich asked about the power lines on CR 25. Brett, Icenogle, representative for Waste Disposal,
indicated the power lines are not compromised, there is an easement provided for those. Mr. Ehrlich asked
about the setback at the building. Mr. Icenogle stated that there is a 75 foot setback.
Chip Wertz stated the only difference in the traffic will be during the day when the trucks are being picked up.
The only question the applicant has is if there is a way to define when a change can be done. Mr. Gathman
stated there is a Section in the Code that deals with substantial change.There is no way to put Development
Standards in the comments. The process is for the applicant to write a letter addressing the changes and staff
will determine a substantial change.
Chip Wertz agrees with the Development Standards and Conditions of Approval.
Michael Miller stated this is a good use and should be approved.
Doug Ochsner moved that Case USR-1527,be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Erich Ehrlich seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Roy
Spitzer, yes; Erich Ehrlich, yes; Michael Miller, yes; Chad Auer, yes; Tom Holton, yes; Doug Ochsner, yes;
Bruce Fitzgerald, yes; Paul Branham,yes. Motion carried unanimously.
OTHER BUSINESS:
Michael Miller asked Mr.Morrison about a previous cases vote not reflecting the true intention of the Planning
Commission. There were several members that were unfamiliar with the procedure for final plats and them
coming back to the Planning Commission. The vote would have been 8-0 had they understood the procedure.
Can a vote be stopped in the middle and explained or how is this done? Mr.Morrison stated that a motion of
reconsideration can be done if you are on the prevailing side. That is something that can not be done at this
time since the applicant is gone. Anytime someone might not conceive the facts of the motion it could be
moved to reconsider if on the winning side. It can be done before the next meeting or during this meeting.
The members of the Planning Commission that voted no did not understand the procedure by the comments
made by them. Once a vote has begun it needs to be completed. Mr.Miller asked if now would be the time to
ask for a reconsideration vote. Mr. Morrison stated that now would be a difficult time since everyone present
for the case is gone. The record would be different and would not necessarily reflect the additional vote. The
motion to reconsider by the Board of County Commissioners would need re-notifying those property owners
affected and those applicants. The Board of County Commissioners does review the minutes.
Michael Miller would like to make sure that the Board of County Commissioners is aware of the fact that the
vote would have been a majority approval had the vetoing members been aware of the process.
Paul Branham asked if there was a list of cases that would signify what is brought before the Planning
Commission. Mr. Morrison suggested that staff place something in their speech or presentation signifying this.
Mr.Morrison stated that the things that require zone change and platting the Planning Commission does not
see twice. A convention subdivision the Planning Commission would not see the final. Special use is seen
once.
Meeting adjourned at 5:15pm
•
Rpspectfully submitted
J(\,vULt\- lLt, C
Voneen Macklin
Secretary
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