HomeMy WebLinkAbout20253077.tiffSummary of the Weld County Planning Commission Meeting
Tuesday, October 7, 2025
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair
Butch White, at 1:30 p.m.
Roll Call
Present: Butch White, Cole Ritchey, Hunter Rivera, Michael Biwer, Michael Wailes, Virginia Guderjahn
Absent: Michael Palizzi, Barney Hammond, Calven Goza
Also Present Chris Gathman, Matthew VanEyll, Angela Snyder, and Jim Flesher, Department of Planning
Services, Mike McRoberts, Aaron Maurice, Dan Campbell, Development Review, Karin McDougal, County
Attorney, and Kris Ranslem, Secretary.
Motion: Approve the September 2, 2025 Weld County Planning Commission minutes, Moved by Michael
Wailes, Seconded by Hunter Rivera. Motion passed unanimously.
Case Number:
Planner:
Request
Ordinance 2025-15
Jim Flesher/Maxwell Nader
In the Matter of Repealing and Reenacting with Amendments, Chapter 23 Zoning
of the Weld County Code (Occupiable Space)
Jim Flesher, Planning Services, presented Ordinance 2025-15 and provided a brief summary of the
proposed code changes, specifically related to buildings and the minimum distance from oil and gas
facilities and plugged and abandoned wells. The Department of Planning Services recommends approval
of this Ordinance.
Commissioner Rivera asked why these changes are being proposed. Mr. Flesher stated that the Director
of the Oil and Gas Department has proposed these changes due to safety concerns. He added that if the
company needed to get back in and work on a plugged and abandoned well they need to get their
equipment in and greater setbacks would allow them more room to do that.
The Chair asked if there was anyone in the audience who wished to speak for or against this Ordinance.
No one wished to speak.
Motion: Forward Ordinance 2025-15 with the Planning Commission's recommendation of approval, Moved
by Michael Biwer, Seconded by Cole Ritchey.
Vote: Motion carried (summary: Yes = 5, Nay = 1).
Yes: Butch White, Cole Ritchey, Michael Biwer, Michael Wailes, Virginia Guderjahn.
Nay: Hunter Rivera
Case Number. COZ25-0002
Applicant Bowtie Properties, LLC
Planner: Angela Snyder
Request: Change of Zone from the A (Agricultural) Zone District to the 1-2 (Medium
Industrial) Zone District.
Legal Description: Part of the SE1/4 of Section 19, Township 1 North, Range 66 West of the 6th P.M.,
Weld County, Colorado.
Location: North of and adjacent to East Crown Prince Boulevard (CR 6); west of and adjacent
to County Road 27.
Angela Snyder, Planning Services, presented Case COZ25-0002, reading the recommendation and
comments into the record. Ms. Snyder noted that no telephone calls or correspondence have been received
from surrounding properties regarding this application. The Department of Planning Services recommends
approval of this application along with conditions of approval and development standards.
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2025-3077
Mike McRoberts, Development Review, reported on the existing traffic and access to the site.
Commissioner White asked where it stands with Ft. Lupton regrading annexation. Ms. Snyder said that Ft.
Lupton has asked for a pre -annexation agreement as they don't offer sewer at this time. She added that
their intention is to come to an agrp ment with the applicant that if they are able to bring sewer within a
particular distance of the property that it would be annexed.
Harvey Houston, 2023 CR 27, Ft. Lupton, Colorado, stated that they bought the property six (6) years and
weren't aware that they needed a permit so they are bringing the site into compliance.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Doug Massey, 3982 CR 31, stated that this used to be a gas station and asked if the fuel tanks have been
removed properly. Ms. Snyder replied that it is something that would be addressed through the Site Plan
Review process.
The Chair asked the applicant if the tanks have been removed. Mr. Houston said that they had a Phase Ill
done and he can't say if they have been removed but they are either sand filled or adequately preserved
and is included in the Environmental Report.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case COZ25-0002 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Michael Biwer, Seconded by Cole Ritchey.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Butch White, Cole Ritchey, Hunter Rivera, Michael Biwer, Michael Wailes, Virginia Guderjahn.
Case Number: USR25-0015
Applicant: Paragon Service Dogs
Planner: Matthew VanEyll
Request: Use by Special Review Permit for a Kennel (dog training and boarding facility for
up to eight [8] dogs), outside of subdivisions and historic townsites in the
A (Agricultural) Zone District.
Legal Description: Lot A of Recorded Exemption RE -4394; being part of the E1/2 NE1/4 NE1/4 of
Section 19, Township 3 North, Range 68 West of the 6th P.M., Weld County,
Colorado.
Location: Approximately 310 feet west of County Road 3; approximately 730 feet south of
County Road 32 section line.
Matthew VanEyll, Planning Services, presented Case USR25-0015, reading the recommendation and
comments into the record. Mr. VanEyll noted that no telephone calls or correspondence was received from
surrounding property owners regarding this application. The Department of Planning Services
recommends approval of this application along with conditions of approval and development standards.
Mike McRoberts, Development Review, reported on the existing traffic, access to the site and drainage
conditions for the site.
Carol Heiden, 14733 CR 3, Longmont, Colorado, stated that they train dogs to work with people with
disabilities and added that their primary disability are people who are deaf. She added that their dogs are
hearing service dogs and they are the first hearing dog organization. Ms. Heiden said that all of the dogs
are housed indoors and there will be no more than four (4) dogs outside at any given time. She added that
nuisance barking is something that they do not allow. Ms. Heiden provided an explanation of the training
process with the clients.
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The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Dan Borys, 14755 CR 3, stated that he lives directly east of this proposed site. Mr. Borys noted that 10
years ago a different kennel was approved in this area and there has been a constant noise problem. He
expressed concern regarding the noise and asked who will be responsible for the maintenance from the
increased traffic and if the property will remain commercial.
Ms. Heiden said that the existing kennel does have a lot of dogs and a lot of noise. She stated that her
situation is very different in that they are not boarding dogs but rather training service dogs. She added
that noise is not an issue because these dogs have to be out in public with their people and they can't
develop the habit of barking.
Karin McDougal, County Attorney, clarified that the applicant is not changing the zone of the property so it
will remain in agricultural. She added that it does go with the land but the restrictions that are established
would remain with it so just any business couldn't come in and take over the property.
Mr. VanEyll referred to the existing kennel in the neighborhood and said that if there is a complaint the
county can investigate it and proceed through the violation process.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR25-0015 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Virginia Guderjahn, Seconded by Cole Ritchey.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Butch White, Cole Ritchey, Hunter Rivera, Michael Biwer, Michael Wailes, Virginia Guderjahn.
Case Number:
Applicant:
Planner:
Request
Legal Description:
Location:
USR25-0016
Patricia Buxman, do Pivot Solar 66, LLC, Pivot Solar 67, LLC, Pivot Solar 68, LLC
Matthew VanEyll
Use by Special Review Permit for a Solar Energy Facility (SEF) outside of
subdivisions and historic townsites in the A (Agricultural) Zone District.
Lot B of Corrected Recorded Exemption CORR RE -4576; being part of the SE1/4
of Section 21, Township 6 North, Range 66 West of the 6th P.M., Weld County,
Colorado.
North of and adjacent to County Road 66; approximately 0.25 miles west of County
Road 31.
Matthew VanEyll, Planning Services, presented Case USR25-0016, reading the recommendation and
comments into the record. Mr. VanEyll noted that no telephone calls or correspondence were received
regarding this application. The Department of Planning Services recommends approval of this application
along with conditions of approval and development standards.
Aaron Maurice, Development Review, reported on the existing traffic, access to the site and drainage
conditions for the site.
Commissioner White referred to Section 23-2-220.A.6 and asked how it complies with a diligent effort to
conserve prime agricultural land. Mr. VanEyll said that the applicant did state that they are looking to pursue
agrivoltaics and the applicant can explain more in detail of their plans.
Kyle Hockstad, Pivot Energy, LLC, 1601 Wewatta Street, Denver, Colorado, stated that originally they had
looked at the parcel to the east of this site; however due to underground oil and gas infrastructure as well
as some prior development plans that the City of Greeley is interested in, they have shifted the project to
the northwest to be located further away from local residences. He added that the site is irrigated by a
tenant farmer who grows corn on it currently. Mr. Hockstad said that they plan to continue irrigating it and
installing a different irrigation system on this site to increase efficiency of that water.
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Mr. Hockstad said that this project is for a total of 9 megawatts and will be operational for 20 years with an
option to extend the lease for an additional 20 years. The construction will last four to six months.
Mr. Hockstad said that there will be two approaches to continue agricultural operations: 1) irrigating and
doing low -height crop production or 2) local shepherd irrigated feed crops for grazing operations.
Mr. Hockstad stated that they received some questions from a surrounding property owner regarding
screening. Therefore, they are proposing vegetative screening (trees and bushes) on the southwest side
of the site and also opaque fencing on the southeast side of the property.
Patricia Buxman, 14645 CR 66, stated that she is trying to keep her family on the property and living in this
ag community in Weld County and believes strongly in the opportunity she has to partner with Pivot Energy.
She sad that by letting livestock graze under the panels they are able to maintain pasture health, control
vegetation naturally, and reduce the need for mowing and harsh chemicals.
Commissioner Biwer asked how many agrivoltaics are productive in this state. He added that he would like
to see one function successfully where we could consider it not being taken out of productive agriculture.
Mr. Hockstad said that their projects that are active do have agrivoltaics of some form on their sites. Mr.
Biwer asked what would prevent you from not having irrigation. Mr. Hockstad said that they do intend to
pursue water and added that in a previous case it was a condition of approval to obtain water. He added
that they will continue working with the county to ensure it has the necessary teeth to ensure they keep
their word.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR25-0016 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Virginia Guderjahn, Seconded by Michael Wailes.
Vote: Motion failed (summary: Yes = 3, Nay = 3).
Yes: Cole Ritchey, Michael Wailes, Virginia Guderjahn.
Nay: Butch White, Hunter Rivera, Michael Biwer.
Commissioner White said that he doesn't believe it complies with Section 23-2-220.A.6. in that the applicant
does not demonstrate a diligent effort to conserve prime agricultural land.
Ms. McDougal stated that since it is a tie vote, the motion fails. The Chair stated that USR25-0016 will be
forwarded to the Board of County Commissioners with no recommendation.
Case Number: USR25-0010
Applicant: Guttersen Ranches, LLC, c/o DCP Operating Company, LP
Planner Chris Gathman
Request: Use by Special Review Permit for an Oil and Gas Support and Service facility
(natural gas compressor station), outside of subdivisions and historic townsites in
the A (Agricultural) Zone District.
Legal Description: SW1/4 of Section 28, Township 3 North, Range 63 West of the 6th P.M., Weld
County, Colorado.
Location: East of and adjacent to County Road 65 section line; approximately 8,524 feet
north of Interstate 76.
Chris Gathman, Planning Services, presented Case USR25-0010, reading the recommendation and
comments into the record. Mr. Gathman noted that no telephone calls or correspondence were received
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regarding this application. The Department of Planning Services recommends approval of this application
along with conditions of approval and development standards.
Dan Campbell, Development Review, reported on the existing traffic, access to the site and drainage
conditions for the site.
Patrick Groom, Witwer, Oldenburg, Barry & Groom, LLP, 822 7th Street, Greeley, Colorado, stated that this
will be DCP's second all -electric natural gas compressor station. He added that the facility will be located
on the southern end of the ranch where a lot of the oil and gas facilities are located. Occidental is putting
new wells into production and the compressor station is needed to compress that gas, keep that gas
pressurized to get it to the applicable processing plants.
Mr. Groom referred to the noise study on this project and noted that it is a little confusing because the noise
standard as proposed is for light industrial; however, DCP is working with the landowner to maintain a
residential noise level on this site. He added that DCP can maintain that noise level give the fact that these
compressors are electric drive and housed within insulated buildings. They are anticipating that the noise
level at the property boundary will be 45.1 decibels, which is well within the residential noise standard at
night.
In addition, DCP will paint the structures and equipment on the site in neutral colors to blend into the
landscape as much as possible. Mr. Groom stated that fencing will be limited to the immediate facility to
accommodate wildlife as much as possible.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR25-0010 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Virginia Guderjahn, Seconded by Cole Ritchey.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Butch White, Cole Ritchey, Hunter Rivera, Michael Biwer, Michael Wailes, Virginia Guderjahn.
The Chair called a recess at 3:10 p.m. and reconvened the hearing at 3:20 p.m.
Case Number. USR24-0019
Applicant: NGL Water Solutions DJ, LLC
Planner: Angela Snyder
Request: Use by Special Review Permit for Uses similar to organic composting (Biochar
processing) outside of subdivisions and historic townsites in the A (Agricultural)
Zone District.
Legal Description: Lots A and B of Recorded Exemption, RECX17-0182; being part of the N1/2 of
Section 28, Township 1 North, Range 66 West of the 6th P.M., Weld County,
Colorado.
Location: South of and adjacent to County Road 6; approximately 0.25 miles west of County
Road 31.
Angela Snyder, Planning Services, presented Case USR24-0019, reading the recommendation and
comments into the record. Ms. Snyder noted that Staff received several letters of objection to this
application outlining concerns about the negative impact on animals and the environment, potential air,
noise and light pollution, disturbance to ecosystems, adverse impacts to wildlife, livestock and other
animals, carcinogenic dust from charcoal, increased traffic, decreased property value, fire safety, drainage
issues, compatibility and lack of adequate visual screening.
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Ms. Snyder said that the emission test determined that PAHs (Polycyclic Aromatic Hydrocarbons) and
PCBs (polychlorinated Biphenyhls) were not present. She added that state permits will be obtained prior
to operation and this facility will be registered as an industrial recycling facility with CDPHE and will follow
environmental best practices.
The noise study shows that without mitigation, the 55 decibel limit would have been exceeded at certain
locations; however the applicant has proposed sound wall mitigation and berming in order to make the site
meet those limits. The 12 foot tall sound wall panels will bring the noise levels down below the required
noise standards. Additionally, there will be 6 -foot berms located to the east and south of the site to help
mitigate the dust and noise concerns.
The Department of Planning Services recommends approval of this application along with conditions of
approval and development standards.
Mike McRoberts, Development Review, reported on the existing traffic, access to the site and drainage
conditions for the site.
Bob Choate, Coan, Payton & Payne, LLC, 1711 61st Avenue, Greeley, Colorado, stated that the access
location is ideal for traffic purposes and added that they don't anticipate any traffic going to the east. He
added that there are existing agriculture and oil and gas operations in the area.
Dylan Van Demark, Operations Manager, 19500 CR 7, Berthoud, Colorado, stated that this operation
started in Berthoud in 2011 and it produces a high quality bio-char product. He added that it looks similar
to charcoal but the product produced is a highly pure carbon product made from non -merchantable and
landfill -diverted wood waste in their patented kiln technology. The product that is produced will have unique
qualities in soil amendments and water filtration. Mr. Van Demark said that the proposed site is a
conversion site and the finished product material will be packaged at the Berthoud facility.
Mr. Choate stated that this is an agricultural product that is being produced and is very valuable to the oil
and gas industry. He added that the primary market is with the agricultural establishments, in water
conservation and dairies.
Mr. Choate stated that a neighborhood meeting was held one year ago in which there were 11 attendees
who expressed concern regarding air emissions, noise, visual/aesthetics, trucks/traffic, stormwater
drainage and vehicular access.
The emissions are in strict compliance with the CDPHE issued Air Permit and complies with all APEN
requirements. Mr. Choate explained that it is in Biochar's best interest to keep the particulate matter in the
kiln. He added that they use the heat from the pyrolysis to continue to break that woody material down to
purer forms of this carbon material. The vast majority of the emissions from this site will be from burning
propane and not from the burning material.
In regard to noise, the sound study shows that the site will not produce noise above the noise standards.
Mr. Choate stated that there are additional landscape berms on the east and south sides of the property as
well as sound walls that will also help mitigate that.
Mr. Choate said that they are relocating the existing access for the safety and comfort of the neighbors.
The shared access with the NGL Injection Well Facility will help reduce impacts.
Mr. Choate said that there will be no pelletizing, processing or bagging at this facility and added that the
manufacturing part of the product will be performed at the Berthoud facility.
Commissioner Biwer said that wood pallets were going to be more of the stock material, however, he also
read the inclusion of railroad ties and referred to the patented process and asked how that process
addresses the emissions. He added if it was clean wood it would be fine, but he expressed concern
regarding the creosote and stuff you can get from other material.
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Mr. Van Demark said that the presence of PAHs within treated wood, such as railroad ties, are variables
that are observed in this process and the type of carbon product that is produced binds any molecule
compound that it comes into contact with which makes their carbon different from a lot of other biochars
produced. He added that PAHs that are present in the wood that goes into this process can still be present
in the end product but it is bound within that structure. Mr. Van Demark said that they ensure that the end
product is 90% pure carbon.
Commissioner Wailes asked how the landfill product gets to this facility. He further asked if this is
accessible to the public. Mr. Van Demark said that they work with wood waste contractors who handle the
wood waste and all of the sorting and deliver the material to them instead of the landfill. He added that this
facility is not open to the public.
Commissioner Wailes asked what the product looks like and how it is transported out. Mr. Van Demark
showed a visual image of four different sizes of the product and added that it is then loaded onto a truck
hauled to the Berthoud facility where it is sized, sorted and packaged. Mr. Wailes asked how many trucks
would be coming in and out of the facility per day. Mr. Van Demark said it would have one (1) outbound
truck per day and added that the vast majority of the truck traffic is bringing materials to the site.
Commissioner Biwer asked where the material is stored once it comes out of the kiln and until it gets picked
up and removed. Mr. Van Demark said that once the material goes through the pyrolysis process it is
retained in those kilns, which are sealed. He added that it is then opened and loaded into trucks for hauling
out.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Jeri Yarbrough, 14512 CR 6, stated that she lives 500 feet from this proposed site. Ms. Yarbrough read a
letter from her attorney into the record. Mr. Yarbrough operates a horse boarding facility and grows hay
and has been verbally advised by the realtor representing Biochar Now that once the site is operational she
will no longer be able to engage in her hay farming because of impacts from Biochar Now and clarified that
she won't be able to irrigate her hay. She expressed concern that the air pollutants may lead to significant
chronic health problems in her horses.
Doug Massey, 15013 CR 6, stated that they haven't answered how they are going to haul the material. He
asked if the material be in an end dump truck, covered, or in a live -bottom trailer. He also asked how you
can burn a railroad tie or power pole and not get any smell from it. Mr. Massey also expressed concern
with a solid fence and the wildlife and asked if there will be any traffic going east from the facility.
David Sack, 14323 CR 6, stated that he owns property to the south and to the west and operates a cow -
calf operation on site. He expressed concern regarding the pollutants and added that he has three water
ponds next to the facility. He doesn't know if the smoke will pollute it. He is also worried with the cattle and
the breathing problems.
Tony Hale, 14760 CR 6, stated that he lives on the east side of the proposed site. He does oppose this
operation at this location, although he believes it has some good technology. He expressed concern on
the air emissions and added that any dust would blow right into their house. He added that he and his son
have asthma and with these respiratory issues they feel this would be extremely harmful to them.
Mary Lou Stewardson, 13918 CR 4, Brighton, Colorado, said that they have farmed for 40 years and never
heard of using charcoal for any agricultural soil amendments. She added that they don't need a dump
burning trash next to their farms and expressed concern for the wildlife in the area. She also asked what
that kind of heat does to the air.
Kili Crawford, 14510 CR 6, Ft. Lupton, Colorado, stated that she lives to the west of this proposed site. Ms.
Crawford stated that while the product is being made for agricultural use, the process of producing it is
industrial. She stated that she raises horses and expressed concern of equine respiratory problems. Her
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veterinarian shares these same concerns and read a letter into the record from her veterinarian expressing
concerns related to the respiratory risks from the air emissions.
Rachael Brown, 14510 CR 6, Ft. Lupton, Colorado, stated that she echoed all of the concerns stated today
and added that she has to put a lot of faith in Biochar Now that they would abide by the air quality
regulations. She expressed concern that their facility in Berthoud had some air quality violations.
The Chair asked the applicant to address some of the public comments. Mr. Choate asked for a short
recess to discuss with his team regarding some new information that was brought up during public
testimony.
The Chair called a recess at 4:38 p.m. and reconvened the hearing at 4:45 p.m.
Mr. Choate said that in regard to the problem with Ms. Yarbrough's inability to farm with her current
operation he doesn't have all the details of that but he understands that in the past NGL did lease a portion
of their field to her and she was farming this property and that lease was previously terminated. He said
that he is not aware of what would stop her from farming her own land with her own water. He added that
he will talk to her to ensure that there is nothing on this site that stops her from using her water on her land.
Mr. Choate said that the trucks are covered and closed when hauling the product to the Berthoud facility.
He added that what comes out of this facility are big chunks of black wood comparable to the size of your
arm so it won't be blowing away in the wind.
Mr. Choate said that the solid fence is in pieces in addition to the berming and it wouldn't prohibit land
bound wildlife going through. He understands the sound walls are not aesthetic but due to mitigating the
noise it will be in a limited area.
Mr. Choate said that they understand the concern regarding air emissions and said that the process is not
incineration but rather a chemical reaction in a fully enclosed kiln. He added that there is no smoke and
the emissions are from propane and not what is inside the kilns. They understand the concerns regarding
health; however, it does not emit any particles.
Mr. Choate referred to the comments regarding violations of Biochar's Air Permit at the Berthoud facility
and said that the 2020 violation was a technical violation and added that they didn't have the right Air Permit
so it was a paperwork issue. He added that they didn't have to make any changes to their facility as they
just updated the air permit to allow for what they were doing. In 2023 there was a violation due to the diesel
generator that operated for too long and too high.
Commissioner White asked how the air testing is done. Mr. Van Demark said that compliance testing is
performed on site. In Berthoud, a third party testing company performs evaluation testing every two years
that lasts three consecutive days and they have monitoring equipment to determine what their emissions
are and ensure they stay below those thresholds.
Commissioner Wailes asked if the applicant performs any testing themselves between the state testing.
Mr. Van Demark said that they do not test the air emissions; however, they do compliance testing on their
finished product on the carbon itself.
Commissioner White asked if there is any odor generated from this process. Mr. Van Demark said that the
emissions stack regulates all that particulate matter as well as what generates odor and so the primary
emission is from burning propane and that would be the odor profile. He added that the only odor that is
noticeable is if you are right up next to the kiln and it kind of smells like campfire.
The Chair asked Staff if they have any changes to the conditions of approval or development standards.
Ms. Snyder requested the removal of Condition of Approval 1.A as it has been completed.
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Motion: Delete Condition of Approval 1.A, as recommended by Staff, Moved by Michael Wailes,
Seconded by Hunter Rivera.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Butch White, Cole Ritchey, Hunter Rivera, Michael Biwer Michael Wailes, Virginia Guderjahn.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR24-0019 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Michael Wailes, Seconded by Cole Ritchey.
Vote: Motion carried (summary: Yes = 4, Nay = 2).
Yes: Butch White, Cole Ritchey, Michael Wailes, Virginia Guderjahn.
Nay: Hunter Rivera, Michael Biwer.
Commissioner Biwer cited Section 23-2-220.A.3 that the uses will be compatible to the existing surrounding
land uses and doesn't see that it is compatible. He said that if it was compatible such significant mitigation
wouldn't be required for several topics. He agrees that it is somewhat of an industrial process that doesn't
fit and the byproduct may be considered an agricultural use but the process is more of an industrial process
than ag related. Mr. Biwer also cited Section 23-2-220.A.7 that the standards would ensure there are
adequate provisions to protect the health, safety and welfare of the people and doesn't believe the science
has proven that there are no adverse health effects. He said that the process and technology can develop
but doesn't believe it is a stabilized process at this point.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. No one
wished to speak.
Meeting adjourned at 5:01 p.m.
Respectfully submitted,
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Kristine Ranslem
Secretary
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