HomeMy WebLinkAbout981750.tiff HEARING CERTIFICATION
DOCKET NO. 98-53
RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1193 FOR A
JUNKYARD AND SALVAGE YARD IN THE A(AGRICULTURAL)ZONE DISTRICT-GARY
AND MARY NOVOTNY
A public hearing was conducted on September 23, 1998, at 10:00 a.m., with the following present:
Commissioner Constance L. Harbert, Chair
Commissioner W. H. Webster, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer- EXCUSED
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Sheri Lockman
Health Department representative, Sheble McConnellogue
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated August 19, 1998, and duly published September 9,
1998, in the Platteville Herald, a public hearing was conducted to consider the request of Gary and
Mary Novotny for a Site Specific Development Plan and Special Review Permit#1193 for a junkyard
and salvage yard in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney,
made this a matter of record. Sheri Lockman, Department of Planning Services representative,
presented a brief summary of the proposal and entered the favorable recommendation of the
Planning Commission into the record as written. Ms. Lockman stated approval of this permit will
bring the site into compliance with the Weld County Zoning Ordinance. She stated the Planning
Commission requested four additional Conditions of Approval which she recommended changing
to Development Standards and she requested deletion of Condition of Approval #2.B.
Gary Novotny, applicant stated he would like to continue his operation of dismantling refrigerated
semi-trailers and added a registered engineer has visited the site and has submitted a proposed
Waste Water Management Plan. In response to Commissioner Baxter, Ms. Lockman stated
Condition of Approval#2.A and Development Standard #5 address screening and landscaping at
the site. Mr. Novotny added he is also required to install a six-foot chain-link fence around the five-
acre site.
Joe French, attorney for Darrell Lemons, surrounding property owner, stated his client is concerned
with misuse of the land. Mr. French requested the Board review photographs submitted at the
Planning Commission hearing, and stated Mr. Novotny is conducting an illegal use of the land, has
been involved in various violations, and has not attempted to clean-up his property during this
process to show an effort towards improving the situation. Mr. French indicated neighbors of Mr.
Lemons have seen Mr. Novotny burying trash at the site and are concerned with possible
contaminants in the groundwater. He stated the septic system is not adequate to support two
additional employees and should be reviewed by an engineer. Mr. French also expressed concern
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regarding the ability of Weld County to enforce the regulations considering Mr. Novotny's history of
non-compliance. In response to Commissioner Hall, Mr. French stated Mr. Novotny has ignored the
County's Comprehensive Plan and should not be rewarded by being allowed to bring his property
into compliance. (Clerk's Note: Switched to Tape #98-25) Chair Harbert commented that the
Board must try to work with residents to solve a situation in the most effective way.
Darrell Lemons, surrounding property owner, stated he owns property to the east and south of the
proposed site. He expressed concern over the appearance of the site and stated the material
removed from the trailers is blowing across his property, which is a hazard to the environment as
well as his farm machinery. Mr. Lemons also expressed concerns regarding the number of fires on
Mr. Novotny's property, stating the fires are generally along a row of trees which can spread to
nearby properties. Mr. Lemons stated he would not be in opposition to the site if it had a clean
appearance and was run respectably. In response to Commissioner Hall, Mr. Lemons stated he
viewed the site last week and it has been in this condition for three or four years. Responding to
Commissioner Webster, Mr. Lemons stated the operation handles foam insulation and expressed
concern whether or not they were storing oil, gas, and Freon at the site. In response to
Commissioner Baxter, Mr. Lemons stated he is not sure how the fires start; however, the ashes are
in organized piles as if started intentionally.
Joel Shoeneman, surrounding property owner, stated he owns property to the northwest and
expressed similar concerns regarding the appearance of the site. In response to Mr. Shoeneman,
Ms. Lockman stated Mr. Novotny will be required to fence and screen the site. Mr. Shoeneman
asked if a condition could be added to require the applicant to provide proof of liability insurance for
fires. Morrison explained if a condition is added, the insurance company could provide a notice if
the insurance is canceled. In response to Commissioner Baxter, Mr. Shoeneman stated he has not
seen Mr. Novotny bury items; however, there is a lot of blowing debris from his property.
Russell Epple, surrounding property owner, stated he lives northeast of the site, and expressed
similar concerns regarding wildfires effecting the surrounding pastures and wheat fields. In
response to Chair Harbert, Ms. Lockman stated Mr. Novotny's property is zoned agricultural which
allows a non-commercial junkyard as a Use by Right as long as it is screened. Responding to
Commissioner Baxter, Mr. Morrison stated if the request is approved for a five-acre site, the
remaining 35 acres will need to be kept clean. In response to Commissioner Webster, Ms. Lockman
explained Mr. Novotny has had three prior violations which have been closed.
H. W. Reid, surrounding property owner, stated he lives east of Weld County Road 81, and has no
concerns with Mr. Novotny's operation as long as he keeps the site clean and orderly.
Mr. Novotny explained the fire which spread to the neighbor's pasture was started by lightning and
he had no control over it. He stated the local fire department expressed no concerns with controlled
burning on the site. Mr. Novotny further explained obtaining the well permit slowed down the
application process; however, it was received prior to the July Planning Commission hearing. He
also stated he was advised not to begin clearing the site or building the retention pond until he was
sure of the requirements. He further stated he will store the removed insulation in semi-trailers to
be hauled to the dump. In response to concerns, he stated he does not deal with oil or Freon from
the trailers and added the insulation is a bio-degradable substance. In response to Chair Harbert,
Mr. Novotny stated the aluminum and steal is sold to a company in Denver and the insulation will
be hauled to the landfill in Erie; however, he is trying to get a federal grant to recycle the insulation.
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Mr. Novotny explained once the site is reduced to five acres, he will organize the trailers along one
side of the site; the retention pond will be built 10 inches deep; and he usually hires part-time
workers. Sheble McConnellogue, Health Department representative, stated before the restroom
facilities in the house are used by employees, the septic system will need to be reviewed by an
engineer as described in Condition of Approval #2.D. In response to Commissioner Webster, Mr.
Novotny stated he dug a pit to help control blowing debris, but he has no intention of burying any
of the trash. Responding to Commissioner Baxter, Don Carroll, Department of Public Works
representative, stated he reviewed the engineered drawings for the retention pond and it will be 18
inches deep, which is adequate to drain the five-acre site. He recommended the applicant not
stockpile in or near the pond. In response to Commissioner Hall, Mr. Novotny requested he be
allowed six months to bring the site into compliance. Chair Harbert stated she would like to see the
site in compliance within six weeks due to the length of time the site has already been out of
compliance. In response to Commissioners Hall and Baxter, Mr. Novotny stated he does not have
derelict vehicles on his property, although he does have grain stored in the bins shown in the
photographs which were submitted at Planning Commission.
Responding to Commissioner Hall, Ms. McConnellogue stated she has already done an informal
audit of the property. She visited the site and explained she saw no evidence that trash has been
buried; a berm has been constructed to help eliminate blowing debris; and the applicant has been
instructed not to burn trash. She added the applicant has been informed where to dispose of
hazardous materials, and removal of trash and debris will be addressed in the Waste Management
Plan. In response to Commissioner Hall, Ms. McConnellogue clarified Development Standard #8
allows the applicant to burn weeds, but not wastes. Responding to Commissioner Hall, Ms.
Lockman stated the applicant was not given a time frame for transferring everything to the five acre
site; however, Condition of Approval#1 requires the plat be recorded within 15 days. Mr. Morrison
stated there is no time frame for moving the operation into the five-acre site and recommended
adding Condition of Approval #3 to indicate the time allowed for the applicant to transfer all the
materials onto the five-acre site. In response to Commissioner Hall, Mr. Novotny stated he is in
agreement with the Conditions of Approval and Development Standards as discussed.
Commissioner Hall requested Standard #4 be worded to clarify the number of employees shall not
exceed the equivalent of two full-time employees, and suggested giving the applicant to the end of
the year to bring the site into compliance. Mr. Novotny expressed concern clearing the debris due
to winter weather conditions. Commissioner Hall suggested clearing the debris while the weather
is still nice. Mr. Morrison clarified approval of the use is conditional upon the applicant moving all
materials onto the site before January 1, 1999. Ms. Lockman suggested Condition of Approval #3
state: "All waste, debris, and trailers will be relocated to the five-acre site before January 1, 1999."
In response to Commissioner Hall, Mr. Carroll stated the intent of a retaining facility is for storing
water only, and the applicant should not be storing any of his equipment within the retention pond
area. Following discussion, Ms. Lockman suggested adding Development Standard#24 stating "No
storage shall be allowed in the waste retention area." Mr. Novotny suggested locating the retention
area outside the five-acre site. Mr. Morrison clarified the Planning Commission limited the site to
five acres; however, it could be moved if the retention area is approved by the engineer. Mr. Carroll
stated he had no concerns with reconfiguring the pond if necessary. Commissioner Hall
commented he would prefer the total site include the retention area.
Commissioner Hall moved to approve the request of Gary and Mary Novotny for a Site Specific
Development Plan and Special Review Permit #1193 for a junkyard and salvage yard in the
A (Agricultural)Zone District, based on the recommendations of the Planning staff and the Planning
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Commission, with the Conditions of Approval and Development Standards as entered into the
record, delete Condition of Approval #2.B and renumber the following paragraphs; change
Conditions #2.H, #2.1, and #2.K to Development Standards prior to the last two Standards; add
Condition of Approval #3 as discussed above; add the word "equivalent" prior to the word
"employees" in the first sentence of Development Standard#4; and add Development Standard#24
as discussed above. The motion was seconded by Commissioner Webster, and it carried
unanimously. Commissioner Baxter commented he feels this is the best way to deal with the
situation. Commissioner Hall agreed and stated this action should bring the area into compliance.
This Certification was approved on the 28th day of September, 1998.
APPROVED:
ATTEST: Jiii � � BOARD OF COUNTY COMMISSIONERS
/� ►� Q �i, W D COUNTY, COLORADO_
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Weld County Clerk a 1'�°tre i� �irl2ec�
a�4>" Constance L. Harbert, C air
BY: .. &..�e le I /�/l/(l
Deputy Clerk to NI,), 4.4 war
W. H. Webster, Pro-Tem
TAPE #98-24
ZGe o Baxter
DOCKET#98-53 eafilL
Dale K. Hall
EXCUSED
Barbara J. Kirkmeyer
981750
PL1267
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 23RD DAY OF SEPTEMBER, 1998:
DOCKET#98-47 - ASSESSMENT OF COST OF IMPROVEMENTS FOR WELD COUNTY
MARTIN BROTHERS PUD LOCAL IMPROVEMENT DISTRICT NO. 1997-1
DOCKET#98-53 - GARY AND MARY NOVOTNY
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