HomeMy WebLinkAbout20033066.tiff HEARING CERTIFICATION
DOCKET NO. 2003-72
RE: SITE SPECIFIC DEVELOPMENT PLAN AND SECOND AMENDED USE BY SPECIAL
REVIEW PERMIT #842 AND CERTIFICATE OF DESIGNATION FOR A SOLID WASTE
DISPOSAL SITE AND FACILITY (COMMERCIAL JUNKYARD AND SALVAGE YARD
INCLUDING TIRE LANDFILL, STORAGE AND RECYCLING FACILITY) AND A MOBILE
HOME FOR HOUSING IN THE 1-3 (INDUSTRIAL) ZONE DISTRICT - ESTATE OF
JARRALD JAMISON AND FAYE JAMISON
A public hearing was conducted on October 22, 2003, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair
Commissioner Robert D. Masden, Pro-Tern
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Carol A. Harding
Assistant County Attorney, Lee Morrison
Planning Department representative, Sheri Lockman
Health Department representative, Cindy Etcheverry
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated, October 3, 2003, and duly published, October 9,
2003, in the South Weld Sun, a public hearing was conducted to consider the request of the Estate
of Jarrald Jamison and Faye Jamison fora Site Specific Development Plan, Second Amended Use
by Special Review Permit#842, and Certificate of Designation for a Solid Waste Disposal Site and
Facility (Commercial Junkyard and Salvage Yard including tire landfill, storage and recycling
facility)and a mobile home for housing in the 1-3(Industrial)Zone District. Lee Morrison, Assistant
County Attorney, made this a matter of record and stated two actions are required of the Board:
the amendment to the Use by Special Review Permit and the Certificate of Designation. He stated
it is appropriate to hear both simultaneously. Sheri Lockman, Department of Planning Services,
presented a brief summary of the proposal and entered the favorable recommendation of the
Planning Commission into the record as written. Ms. Lockman stated surrounding properties are
agricultural and commercial,and the existing facility is requesting an expansion of the tire recycling
facility into an additional 40 acres. Ms. Lockman stated the Certificate of Designation is regulated
by State statutes and regulations, and the application has been submitted to comply with State
regulations. Ms. Lockman stated 12 agencies responded to referrals, and she showed photos of
the site. She stated a new plat has been received to meet oil and gas requirements, and there are
two existing mobile homes, which will be used for an employee and security personnel. Ms.
Lockman stated the applicant had originally asked for an additional mobile home, but has
withdrawn that request. She also stated the applicant has agreed to remove the travel trailer
currently being used on site. Responding to Commissioner Jerke, Cindy Etcheverry, Department
of Public Health and Environment, explained the State health officials regulate the height of the
tires because of the fire hazard and possibility of lightening strikes. She stated all tires will be
placed in cells, with areas of fill dirt between each cell. Ms. Lockman stated an agreement has
2003-3066
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HEARING CERTIFICATION - ESTATE OF JARRALD JAMISON AND FAYE JAMISON
(SECOND AMENDED USR #842 AND CERTIFICATE OF DESIGNATION)
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been completed, as required by the Planning Commission, prior to Board consideration.
Responding to Commissioner Geile, Ms. Lockman stated the total site is 120 acres; however,each
group of tires is 40 acres. She stated the inclusion of the 40 acres under consideration will
complete the platting of the entire 120 acres for cells. Ms. Lockman stated the maximum length
of a cell is 305 feet. Ms. Etcheverry explained that the mounds of dirt, referred to as "fill" are
regulated by State health officials and have an effect upon the financial assurance which is being
approved by the State. Responding to Commissioner Geile, Ms. Lockman stated staff is not
concerned about eight cells being open at the same time. Responding to Commissioner Masden,
Ms. Lockman stated the medical incinerator is no longer included in this operation, and is not part
of this application.
Don Carroll, Department of Public Works, stated Weld County Road 41 is a collector status road,
with 80 feet of right-of-way required. He stated there is presently 60 feet, and a recent traffic count
indicated 800 vehicles in a 24-hour period. He stated no new access is being proposed.
Kenneth Lind, Esquire,of Lind, Lawrence and Ottenhoff, LLP, represented the applicant and stated
Mr. Jamison was very proud of this operation and felt it to be an asset to Weld County, as well as
the State of Colorado. He also stated since the original approval, this operation has paid in excess
of $250,000 to Weld County for fees. Mr. Lind stated there is an agreement in place with Patina
Oil and Gas Company, and he received a letter yesterday affirming the agreement, which he will
provide for the record. Referring to the modified plat, dated October 6, 2003, Mr. Lind stated there
are currently two existing wells and one storage battery separator, with flow lines down the rows
at an acceptable depth. He stated there is currently a 200-foot setback from all proposed and
existing tire cells,although the Colorado Oil and Gas Conservation Commission only recommends
150 feet. Because of the engineering analysis conducted on the site; however, the applicant feels
more comfortable with 200 feet, and the plat has been drafted with 200 feet indicated. Mr. Lind
stated Patina did request a future drill site,which is shown in the hatched area on the modified plat,
which is in an existing storage area. He described the indicator for the location of the well head
and stated, because Patina has not decided on the specific location of the drill site, it could be
located within 150 feet of existing cells. The applicant is proposing an additional Condition of
Approval to read, "Any tire holding cell less than 200 feet from the oil and gas well shall have a fill
height not less than ten feet above the adjacent grade." Mr. Lind stated the Platteville/Gilcrest Fire
Protection District has also requested 150 feet; however, the "fill" areas would have an additional
three feet added to them, since they are currently seven feet high. Mr. Lind stated water is not
used for putting out fires, its only purpose is to keep equipment and personnel cool during any fire
fighting operation. He explained the fire fighting operation includes pushing dirt over the cell to
smother the fire. He stated there are long-term leases with the Moser family for water on two wells,
which are recorded. He stated they will probably extend them indefinitely; however, they are
currently 20 year leases. Mr. Lind stated one well is all that is required to meet the fill requirements
of the Platteville/Gilcrest Fire Protection District; however, the second well is for backup purposes.
Regarding fill dirt, Mr. Lind stated the Colorado Department of Public Health and Environment, has
approved Vern Nelson's calculations regarding fill for fire incidents, as well as the ultimate closure
of the facility, and there is adequate fill dirt on site to cover all cells in case of ultimate closure of
the facility. Mr. Lind stated he was advised on Monday that the Colorado Department of Public
Health and Environment has signed the financial assurance agreement, and it has been approved
by the Attorney General. He stated he will provide a signed copy when he receives it, and stated
it is a Condition of Approval prior to recording. Mr. Lind stated there are many issues regarding
operation under the authority of the Colorado Department of Public Health and Environment, and
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stated the Weld County Department of Public Health and Environment have no issues with the
facility. He stated the facility is fully compatible with surrounding land uses and the 40-acre section
being platted for tire cells was not owned by the Jamison family until a few years ago, therefore,
the original application did not include it. Mr. Lind stated this amendment includes all 120 acres
into the Use by Special Review Permit area, and the financial assurance covers all 120 acres.
Responding to Commissioner Geile, Mr. Lind stated Mr. Nelson's plan has been approved.
Responding to Commissioner Masden, Mr. Lind stated Mr. Jamison is specifically named as the
facility coordinator, although that will need to be changed to Faye Jamison because of Mr.
Jamison's death last week. Mr. Lind stated in accordance with the recommendation from Schirmer
Engineering, a list of responsible parties will be located on site and copies have been provided to
the Fire District and Mr. Nelson. Mr. Lind stated the designated operator has been Tire Mountain,
Inc., and Jarrald Jamison; therefore, it will need to be changed to indicate Faye Jamison is the
responsible party. In response to Commissioner Jerke, Mr. Morrison stated a responsible party
was required in place of a corporate name.
Vern Nelson, Engineer, stated there is adequate fill dirt to eventually cover all the tires if no use for
the tires is found. He reiterated the application and plan refers to a recycling or storage area, and
stated the applicant is not disposing of tires at this point. He stated the cost calculations were very
carefully reviewed by State health officials regarding the numbers,justifications, and reasons. Mr.
Nelson stated the Fire Control Study, done by Schirmer Engineering Company, suggested a red
notebook be initiated with information regarding fire and emergency activities, the fire prevention
plan, all responsible authorities for Tire Mountain, assurance by the contractor that he will move
dirt, and a general drawing, or sketch plan, of the site. The notebook will be located in a prominent
place at Tire Mountain. Responding to Commissioner Geile, Mr. Nelson stated the cells are not
lined; and there is not enough rainfall to be of concern. He stated the dirt is a fine, sandy material,
and any rainfall just disappears, and there is no underground water anywhere near the bottom of
the trenches. Responding from Commissioner Masden, Mr. Nelson explained the dirt for fill comes
from excavation of the tire cells. He referenced the drawing showing a typical cell section, which
is a cross section of how the pits are dug eight feet down, 100 feet by 250 feet. He stated the
height of the tires is 15 feet above ground, and berms or dykes are built between each cell. He
stated the fill is seven feet high.
Tony Caro, Schirmer Engineering, stated he participated in a national study in 1998, after which
Tire Mountain has been used as a model tire recycling facility. He stated a 150-foot setback meets
all Code and regulatory requirements,and the three additional inches of berm height will avoid any
radiation concerns in case of fire. Responding to Chair Long, Mr. Lind stated Patina Oil and Gas
Corporation does not care whether the setback is 150 feet or 200 feet.
No public testimony was offered concerning this matter.
Responding to staff concerns, Mr. Caro stated under the proposed new condition, the three fills
closest to the future well site will be ten feet above the adjacent grade, although the tires will be
one foot above the fill dirt. After discussion, Mr. Nelson stated the applicant will ensure the slope
is moved appropriately in order for the 50-foot fire lane to always be in place. Ms. Lockman
proposed Development Standard #5 be modified to read as follows, "Tires in the cells shall be
stacked a maximum of four(4)feet above the fire lane surface elevation or one (1)foot above the
fire lane surface elevation for cells within the 200-foot setback from oil and gas wells. An additional
one (1) foot will be allowed for unevenness of the tire surfaces. Steel posts will be installed to a
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HEARING CERTIFICATION - ESTATE OF JARRALD JAMISON AND FAYE JAMISON
(SECOND AMENDED USR #842 AND CERTIFICATE OF DESIGNATION)
PAGE 4
foot will be allowed for unevenness of the tire surfaces. Steel posts will be installed to a height of
five (5)feet above ground elevation adjacent to and at the North-South center point on both sides
of each cell. The top one(1)foot(from four(4)to five (5)feet)will be painted a bright color to allow
for easier observation." Chair Long clarified that the Condition of Approval proposed by the applicant
should be added as Development Standard#39. Mr. Lind verified his agreement with the Conditions
of Approval and Development Standard, with the revisions to Development Standards #5 and
addition of#39. He also stated the additional three feet only effects three cells which are nearest
the future drilling site. Commissioner Geile requested those cells be designated on the final plat,
and Mr. Lind agreed to do so. (Changed to Tape #2003-41.)
Commissioner Masden moved to approve the request of Jarrald and Faye Jamison for a Site
Specific Development Plan, Second Amended Use by Special Review Permit #842, for a Solid
Waste Disposal Site and Facility (Commercial Junkyard and Salvage Yard including tire landfill,
storage and recycling facility)and a mobile home for housing in the 1-3 (Industrial) Zone District,
based on the recommendations of the Planning staff and the Planning Commission, with the
Conditions of Approval and Development Standards as modified. The motion was seconded by
Commissioner Jerke, and it carried unanimously.
Commissioner Geile moved to approve the Certificate of Designation,and Mr.Morrison stated there
should be a correction to the citation to reflect Section 30-20-104. The motion was seconded by
Commissioner Vaad, and carried unanimously.
There being no further discussion, the hearing was completed at 11:40 a.m.
This Certification was approved on the 27th day of October, 2003.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WEL COUN Y, COLO ADO
ATTEST: Li/ '� e ¢
Da E. on , C air
Weld County Clerk to ti's:-: .,O aszp
�'. W 4 Robert D. Masden, Pro-Tem
BY: - /. :
Deputy Clerk to the Boa':��:v ' EXCUSED DATE OF APPROVAL
M. J. Geile
TAPE #2003-40 and #2003-41 �Ga
William H. Jerke
DOCKET #2003-72 EXCUSED DATE OF APPROVAL
Glenn Vaad
2003-3066
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EXHIBIT INVENTORY CONTROL SHEET
Case 2nd AmUSR#842 - JARRALD AND FAYE JAMISON C/O KENNETH LIND ESQ, LIND
LAWRENCE AND OTTENHOFF, LLP
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B-1 Planning Commission Resolution of Recommendation for USR
B-2 Planning Commission Resolution of Recommendation for
Certificate of Designation
C. Planning Commission Summary of Hearing (09/02/2003)
D. Clerk to the Board Notice of Hearing
E. Applicant Preliminary Update Drawing
F. Applicant Revised Cost Calculation for Financial
Assurance (08/26/2003)
G. Mountain Constructors Letter re: Financial Assurances for Fire
Fighting and Final Closure (07/07/2003)
H. Applicant Revised Plat Page (10/07/2003)
Colorado Department of Public Health Letter and Reports re: Solid Waste Unit
and Environment Inspection (09/03/2003)
J. Ken Lind, for Applicant Letter re: assurance (10/14/03)
K. Ken Lind, for Applicant Letter from Patina rescinding its objection
10/20/2003)
L. Planning Staff Certification of sign posting (10/22/2003)
M.
N.
O.
P.
Q.
R.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 22ND DAY OF OCTOBER, 2003:
DOCKET #2003-72 -JARRALD AND FAYE JAMISON
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
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