HomeMy WebLinkAbout20153202.tiff BEFORE THE WELD COUNTY COLORADO , PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Benjamin Hansford . 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 USR15-0035
APPLICANT KEVIN & CYNTHIA SULLIVAN
PLANNER CHRIS GATHMAN
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A USE PERMITTED AS A USE BY RIGHT. AN ACCESSORY USE.
OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (TRANSPORTATION AND STORAGE OF DOMESTIC SEPTAGE
ASSOCIATED WITH A COMMERCIAL BUSINESS ) PROVIDED THAT THE
PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION
PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF
ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A
(AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION SE4 SECTION 33 T11N R67W OF THE 6TH P M WELD COUNTY. COLORADO
LOCATION 0 5 MILES SOUTH OF CR 124 AND WEST OF AND ADJACENT TO CR 19
RIGHT-OF-WAY
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 22-2-20 G 2 A Policy 7 2 States_ "Conversion of agricultural land to nonurban
residential. commercial and industrial uses should be accommodated when the subject site is
in an area that can support such development, and should attempt to be compatible with the
region.
The site is in a rural area. Traffic coming to the site is very minimal and the septage will be
stored in tanks to minimize any odors, impacts associated with the use
Section 22- 100 E C Goal 5 . of the Weld County Code states: Minimize the
incompatibilities that occur between commercial uses and surrounding properties. "
Septage will be stored in tanks to minimize odors. impacts associated with the use.
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. S of the Weld County Code lists use permitted as a Use by
Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial zone
districts. provided that the property is not a Lot in an approved or recorded subdivision plat or
lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions
(Transportation and Storage of Domestic Septage associated with a commercial business) as
a Use by Special 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 site is located approximately 3. 000 feet to the southwest of the
nearest single family residences. The site is surrounded by dry land cropland . No letters or
correspondence has been received from surrounding property owners regarding this case.
EXHIBIT
i`k
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RESOLUTION USR15-0035
KEVIN & CYNTHIA SULLIVAN
PAGE 2
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 a three (3) mile referral area of any municipality. nor is it located
within any existing Intergovernmental Agreement Area (IGA) of a municipality. The limits of
the unincorporated townsite of Carr are located approximately 1 mile to the northeast of the
site There is a Western Transmission line (345 kV) adjacent to the east property line.
E Section 23-2-220.A, 5 -- The application complies with Chapter 23. Article V. of the Weld
County Code_ The existing site is within the County-Wide Road Impact Fee Area and the
Capital Expansion Impact Fee area.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County-Wide Road Impact Fee Program .
Building Permits issued on the proposed lot will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Programs.
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 proposed facility is located on 160 acres delineated as "High Potential Dry Cropland —
Prime if Irrigated" per the 1979 Soil Conservation Service Important Farmlands of Weld
County Map The septage storage and unloading area is located on a small portion of the
site. The remainder of the site is in dry land crop. There is no irrigation water associated with
the land .
G Section 23-2-220.A 7 — There is adequate provisions for the protection of the health. safety.
and welfare of the inhabitants of the neighborhood and County.
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 can
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 recommendation for approval is conditional upon the following
1 . Prior to recording the map.
A. The applicant shall address the requirements of the Weld County Department of Building
nspection as s-atec in ieir e mai referra da 'ec August 24 , 20' 5. Evidence - iat Bui cing
Permit has been submitted shall be provided to the-Department of Planning Services. The
applicant shall provide tank specifications and a revised engineered letter stating that the tanks
have been vacuumed and pressure tested and is of appropriate material for the proposed USR
along with the permit application (Department of Building Inspection)
B The applicant shall complete a Non-Exclusive License Agreement for the upgrade and
maintenance of Weld County Right-of-Way (Department of Public Works)
C A Leak Detection Plan (including a more detailed description of the fill alarm system ) shall be
provided to the Department of Planning Services. Department of Environmental Health and the
Department of Building Inspection for review and approval. (Department of Planning Servies)
RESOLUTION USR15-0035
KEVIN & CYNTHIA SULLIVAN
PAGE 3
D The map shall be amended to delineate the following,
1 All sheets of the map shall be labeled USR15-0035 (Department of Planning Services)
2 The attached Development Standards. (Department of Planning Services)
3 The map shall be prepared in accordance with Section 23-2-260 . D of the Weld County
Code (Department of Planning Services)
4 County Road 19 section line is shown to have 60-feet of unmaintained section line right-
of-way per the Weld County GIS map The applicant shall delineate on the map the
existing right-of-way. All setbacks shall be measured from the edge of right-of-way This
road is not maintained by Weld County (Planning-Engineering)
5 County Road 122 section line is shown to have 60-feet of unmaintained section line right-
of-way per the Weld County GIS map . The applicant shall delineate on the map the
existing right-of-way. All setbacks shall be measured from the edge of right-of-way. This
road is not maintained by Weld County (Planning-Engineering)
6 Show and label the approved Non-Exclusive License Agreement (CR 19) reception
number and date on the map. ( Department of Planning Services - Engineer)
7 Show and label the approved access(es) , turning radii . and access permit number
(AP15-00340) on the map. (Department of Planning Services - Engineer)
8 Show and label 50ft of road base or recycled asphalt from CR 124 on the map_
(Department of Planning Services - Engineer)
2 . Upon completion of Condition of Approval #1 above, the applicant shall submit one ( 1 ) paper copies
or one ( 1 ) electronic copy ( . pdf) of the map for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all
other documentation required as Conditions of Approval . The Mylar map shall be recorded in the
office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall
be prepared in accordance with the requirements of Section 23-2-260 D of the Weld County Code.
The Mylar map and additional requirements shall be submitted within one hundred twenty ( 120) 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)
3. In accordance with Weld County Code Ordinance #2012-3. approved April 30, 2012 . should the map
not be recorded within the required one hundred twenty ( 120) days from the date of the Board of
County Commissioners Resolution . a S50. 00 recording continuance charge shall added for each
additional three (3) month period . ( Department of Planning Services)
4 . The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review. as appropriate Acceptable CAD formats are . dwg, dxf. and .dgn (Microstation): acceptable
GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). . . The preferred format
for Images is .tif (Group 4) (Group 6 is not acceptable) . This digital file may be sent to
maps(a�co_weld. co_us. (Department of Planning Services)
5 . Prior to Operation_
A. In accordance with Chapter 14 , Article VI (Domestic Septage) of the Weld County Code a
domestic septage permit shall be obtained for the application of domestic septage. (Department
of Public Health and Environment)
RESOLUTION USR15-0035
KEVIN & CYNTHIA SULLIVAN
PAGE 4
Motion seconded by Michael Wailes
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
Gene Stille
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 , Kristine Ranslem. 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 September 15, 2015
Dated the 15- of September. 2015.
Digitally signed by Kristine Ranslem
Date: 2015.09.21 08:39:41 -06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Sullivan
USR15-0035
1 . A Site Specific Development Plan and Use by Special Review Permit. USR15-0035, for a use permitted
as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial or industrial zone
districts, provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of
a map or plan filed prior to adoption of any regulations controlling subdivisions (Transportation and
Storage of Domestic Septage associated with a commercial business) in the A (Agricultural) Zone District,
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. All signs shall adhere to Chapter 23 , Article IV. Division 2 and Appendices 23-C , 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
4 . All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act. Section
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)
5. 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. Section 30-20- 100 . 5. C R. S . (Department of Public Health and Environment)
6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust. fugitive
particulate emissions. blowing debris. and other potential nuisance conditions. The applicant shall operate
in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and
Environment)
7 Fugitive dust should attempt to be confined on the property Uses on the property should comply with the
Colorado Air Quality Commission's air quality regulations (Department of Public Health and Environment)
8 . This facility shall adhere to the maximum permissible noise levels allowed in the Non-Specified Zone as
delineated in Section 14-9-30 of the Weld County Code (Department of Public Health and Environment)
9. Adequate drinking , hand washing and toilet facilities shall be provided for employees and patrons of the
facility. at all times. As employees or contractors are on site for less than 2 consecutive hours a day
portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for
portable toilets shall be retained on a quarterly basis and available for review by the Weld County
Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in
Weld County and shall contain hand sanitizers (Department of Public Health and Environment)
10. The facility shall be operated in a manner to prevent odors. Odors detected off site shall not equal or
exceed the level of seven-to-one dilution threshold . as measured pursuant to Regulation 2 of the Colorado
Air Pollution Control Regulations. Additional controls shall be implemented at the request of the Weld
County Department of Public Health and Environment in the event odor levels detected off site of the
facility meet or exceed the level of seven-to-one dilution threshold , or in the judgment of the Weld County
Health Officer, there exists an odor condition requiring abatement (Department of Public Health and
Environment)
11 . Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance
with the Rules and Regulations of the Water Quality Control Commission , and the Environmental
Protection Agency. (Department of Public Health and Environment)
12 . The facility shall be operated in accordance with Chapter 14 , Article VI (Domestic Septage) of the Weld
County Code ( Department of Public Health and Environment)
RESOLUTION USR15-0035
KEVIN & CYNTHIA SULLIVAN
PAGE 6
13 The operation shall comply with all applicable rules and regulations of State and Federal agencies and the
Weld County Code. (Department of Public Health and Environment)
14. Sources of light shall be shielded so that light rays will not shine directly onto properties where
9 9 Y adjacent P P
such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the
plan Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators
of motor vehicles on public or private streets. No colored lights may be used which may be confused with .
or construed as. traffic control devices. (Department of Planning Services)
15 Should noxious weeds exist on the property. or become established as a result of the proposed
development. the applicant/landowner shall be responsible for controlling the noxious weeds. pursuant to
Chapter 15 , Articles I and II . of the Weld County Code (Department of Planning Services — Engineer)
16. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning
Services - Engineer)
17. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Planning Services - Engineer)
18. The Non-Exclusive section line right-of-way shall be graded and drained to provide an all-weather access
(Department of Planning Services - Engineer)
19. There shall be no tracking of dirt or debris from the site onto publicly maintained roads The applicant is
responsible for mitigation of any offsite tracking and maintaining onsite tracking control devices.
(Department of Planning Services - Engineer)
20. Building permits may be required . per Section 29-3- 10 of the Weld County Code Currently. the following
have been adopted by Weld County 2012 International Codes. 2006 International Energy Code. and 2014
National Electrical Code A Building Permit Application must be completed and two (2) complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted
for review A Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection . (Department of Building Inspection)
21 . The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code
22. Necessary personnel from the Weld County Departments of Planning Services. Public Works. and Public
Health and Environment 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 Conditions of Approval and Development
Standards stated herein and all applicable Weld County regulations.
23. The Use by 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
24. 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
25. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT. Weld County has some of the most
abundant mineral resources. including , but not limited to. sand and gravel , oil , natural gas, and coal
Under title 34 of the Colorado Revised Statutes. minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy: (b) the populous counties of the state
face a critical shortage of such deposits, and (c) such deposits should be extracted according to a rational
RESOLUTION USR15-0035
KEVIN & CYNTHIA SULLIVAN
PAGE 7
plan . calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology
and quality of life of the citizens of the populous counties of the state
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development. Often times, mineral resource sites
are fixed to their geographical and geophysical locations Moreover. these resources are protected
property rights and mineral owners should be afforded the opportunity to extract the mineral resource.
26 . WELD COUNTY'S RIGHT TO FARM . Weld County is one of the most productive agricultural counties in
the United States. typically ranking in the top ten counties in the country in total market value of
agricultural products sold The rural areas of Weld County may be open and spacious. but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than
in town Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural
areas open views. spaciousness. wildlife. lack of city noise and congestion, and the rural atmosphere
and way of life. Without neighboring farms. those features which attract urban dwellers to rural Weld
County would quickly be gone forever
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area Well-run agricultural activities
will generate off-site impacts, including noise from tractors and equipment: slow-moving farm vehicles on
rural roads. dust from animal pens, field work. harvest and gravel roads: odor from animal confinement,
silage and manure: smoke from ditch burning : flies and mosquitoes: hunting and trapping activities;
shooting sports, legal hazing of nuisance wildlife. and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying . It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County Section 35-3. 5- 102. C R . S . provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production _
Water has been , and continues to be. the lifeline for the agricultural community It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development_ When
moving to the County. property owners and residents must realize they cannot take water from irrigation
ditches. lakes, or other structures. unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities The sheer magnitude of the area to be served stretches available
resources Law enforcement is based on responses to complaints more than on patrols of the County.
and the distances which must be traveled may delay all emergency responses. including law enforcement,
ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and
families to respond to emergencies County gravel roads, no matter how often they are bladed, will not
provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm . Services in
rural areas. in many cases. will not be equivalent to municipal services Rural dwellers must, by
necessity. be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting . Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic. sandburs. puncture vines, territorial farm dogs and livestock. and open
burning present real threats. Controlling children's activities is important, not only for their safety. but also
for the protection of the farmer's livelihood.
, --et tAk t`\ 1)-1-GS
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. September 15. 2015
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,
Jordan Jemiola . at 12 : 30 pm .
Roll Call.
Present Benjamin Hansford . Bruce Johnson, Bruce Sparrow, Gene Stille. Jordan Jemiola. Joyce Smock,
Michael Wailes, Nick Berryman. Terry Cross
Also Present Kim Ogle. Chris Gathman . Diana Aungst, Michelle Martin, and Tom Parka. Department of
Planning Services: Jose Gonzalez , Building Inspection . Wayne Howard . and Jennifer Petrik . Department
of Planning Services — Engineering Division, Lauren Light and Phil Brewer, Department of Health: Bruce
Barker County Attorney, and Kris Ranslem . Secretary
Motion : Approve the September 1 , 2015 Weld County Planning Commission minutes, Moved by Michael
Wailes. Seconded by Benjamin Hansford. Motion passed unanimously
CASE NUMBER USR15-0035
APPLICANT KEVIN & CYNTHIA SULLIVAN
PLANNER CHRIS GATHMAN
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PLRMIT FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
USE OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (TRANSPORTATION AND STORAGE OF
DOMESTIC SEPTAGE ASSOCIATED WITH A COMMERCIAL BUSINESS),
PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR
RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN
FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS IN THE A (AGRICULTURAL ) ZONE DISTRICT
LEGAL DESCRIPTION SE4 SECTION 33 T1 1N N R67W OF THE 6TH PM WELD COUNTY,
COLORADO
LOCATION 0 5 MILES SOUTH OF CR 124 AND WEST OF AND ADJACENT TO CR 19
RIGHT-OF-WAY
Chris Gathman, Planning Services, presented Case USR15-0035, reading the recommendation and
comments into the record . Mr Gathman noted that 35 letters and emails were received in opposition of
this case The letters expressed concerns regarding leaking of the tanks. potential contamination of
domestic and irrigation wells, overall health concerns. air quality and odor concerns. dust and impacts
from trucks_ and lack of secondary containment should spillage occur_ Mr Gathman noted that the land
use permit covers the transportation and storage of domestic septage associated with a commercial
business He emphasized that the land application of septage undergoes a separate permit through the
Weld County Board of Public Health Mr. Ogle stated that staff is requesting a new Condition of
Approval 1 C be included that reads "A Leak Detection Plan (including a more detailed description of the
fill alarm system) shall be provided to the Department of Planning Services, Department of
Environmental Health and the Department of Building Inspection for review and approval". The
Department of Planning Services recommends approval of this application with the attached conditions
of approval and development standards
Commissioner Hansford asked how close the nearest residence is. Mr. Gathman said that the nearest
residence is approximately 3000 feet from the tanks
Commissioner Stille asked how large the tanks are and what they are constructed of. Mr Gathman
deferred to the applicants but understands that they are similar to water storage frac tanks. He added
that there are three (3) 20,000 gallon tanks.
Wayne Howard. Engineering , reported on the existing traffic, access and drainage conditions and the
requirements on site
EXHIBIT
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USA %p5— DO9 j
Lauren Light. Environmental Health , reviewed the public water and sanitary sewer requirements. on-site
dust control . and the Waste Handling Plan . Ms Light stated that the Weld County Building Department is
permitting the tanks since the tanks. as determined by the Environmental Health Director. do not meet the
definition of a vault. Ms Light briefly explained the septage permitting process through the Weld County
Board of Public Health .
Kevin and Cynthia Sullivan, 16127 CR 3 Mr Sullivan stated that they have owned and operated Sullivan
Septic for 21 years He stated that this is a dryland site and suitable for their proposed use. He said that
the storage tanks are used when there is inclement weather and they are unable to land apply it. He
added that they intend to land apply the material within the next day or two in increments of 8. 000 to
15. 000 gallons Mr Sullivan said that they filed a permit in May for the tanks He added that when they
were installing the tanks they received a call from a former staff member of the Weld County
Environmental Health Department that they needed to cease installation until a building permit is issued .
Therefore they are here today to ask for approval of this request.
Commissioner Smock said that the storage is for 60.000 gallons but asked if it will be land applied in
15 ,000 gallon increments why all that storage is needed . Mr Sullivan said that 15,000 gallons will come
out of the tanks in increments He added that the tanks will never be at full capacity as it will be
temporary storage if there is a severe winter or something
Commissioner Smock asked where the waste is coming from . Mr Sullivan said it is coming from their
business located in Mead where the waste is strained and cleaned before it will be trucked to this site.
He added that the waste comes from Weld County. Larimer County. and Tri-County Ms Smock asked
what crops will be grown from this ground_ Mr. Sullivan said it will be a grass hay for livestock or wheat
ground
Commissioner Hansford asked how old the tanks are and if they were used in the oilfield previously. Mr.
Sullivan stated that the tanks are about 10 years old and added that they are dragon wastewater tanks.
Mr. Hansford asked if they are frac tanks_ Mr Sullivan replied yes and added that they are round tanks_
Mr Hansford asked how long they have been in the ground. Mr Sullivan said that they have been in the
ground for about six (6) months and added that they are half to three-quarters underground . Mr.
Hansford asked if the septage is treated before it goes in those tanks. Mr Sullivan said that it is screened
and cleaned at their yard before it goes in their transport tanker.
Commissioner Berryman asked how the land application differs from some other uses of other spreading
manure. Mr Sullivan said that the manure can be field spread and disked in . Domestic septage is
required to be sub-soil injected according to EPA regulations
Commissioner Wades asked how often the transportation truck would be used in the facility Mr. Sullivan
said it would average one to two loads per day.
Commissioner Jemiola referred to prescription medications and asked how that is disposed of with this.
He further asked if is tested or filtered . Mr Sullivan said that domestic septage or biosolids are not
allowed to be applied to a crop for human consumption .
The Chair asked if there was anyone in the audience who wished to speak for or against this application .
Charles Tucker, 43550 CR 39. Pierce. presented a list of names of people opposing this project Mr
Tucker said that Spring Creek is a tributary to the Lone Tree Creek which is a tributary to the Poudre
River He said that this septage could get into the Spring Creek. He said that the reason there is gravel
pits here is because it is not good cropland. He added that they don't get a good wheat crop
Bruce Barker County Attorney. stated that the application is not of the injection of waste on the property
as it is a separate process, as explained by staff. He said that the Planning Commission is to consider
the storage of waste at this location and recommended the Chair limit testimony to only that subject.
Mr. Tucker said that these steel tanks will not last as this waste is highly corrosive He added that cement
will withstand the corrosion. He said that if the oil company is getting rid of tanks there is a reason
2
Commissioner Wailes asked if the tank would be concrete would he still be opposed to it. Mr. Tucker said
that he would still oppose it because you can't have application without storage and doesn 't believe it is
good for this area
Commissioner Jemiola asked if it is normal procedure to run a consecutive case with the Board of Public
Health and the Planning Commission Ms. Light stated that there is no septage application in for this
case Mr Jemiola clarified that this application is strictly for the tanks. Mr. Light replied yes. The Chair
reminded the audience that the Planning Commission needs to focus their attention on the storage tanks.
Mr. Barker said that proper place to debate the land application is before the Board of Public Health He
emphasized that this does not come into play with this case since we are dealing with storage tanks.
Bree Lukens. 9378 CR 124 . Carr. stated that her well is approximately 2400 feet from the applicants
property She said that if this was within three (3) miles of a municipality it would not be allowed . Ms.
Lukens provided a picture of the tanks that are partially underground She said that these tanks are two
(2) miles away from a major waterway. She expressed concern that the natural waterways are being
used for drainage and this will end up on her property_ She is opposed to tanks or any storage of sewage
and requested denial of this application .
Commissioner Johnson asked what the average depths of the surrounding wells are Ms Lukens stated
that her well is approximately 100 feet deep: however there are some wells at 40 feet deep
Bruce Ranser, 9359 Gray Avenue, stated that the tanks and land applying is inseparable He added that
the tanks are temporary and the application states it is about injection of this material into the ground. He
said that this area is described in the application as dryland farming: but it has not been farmed for some
time because there is not enough water to grow crops . He doesn't believe this is an appropriate use of
the land
Phil Lukens stated that there is large amount of support in opposition to this case today . He is concerned
that the tanks were just simply put in and information was not completely forthcoming on how this was
done He said that the County has established that they don't want storage facilities like this within three
(3) miles of a municipality. He said that this is within three miles of the Village of Carr He is strongly
opposed to this request.
Commissioner Wailes commented that the Planning Commission is here to listen to these concerns . He
added that they are an advisory board and they take all testimony into consideration . He addressed the
audience and said that you may feel like your voices are not heard but he ensured them that they do hear
what they have to say.
The Chair called a recess at 4 11 pm and reconvened at 4 25 pm.
The Chair asked staff to explain the notice given to surrounding landowners of the proposed project. Mr.
Gathman outlined the process for notifying the surrounding landowners in regard to land use applications.
The Chair stated that the septage permit is administered by the Board of Public Health . Ms. Light
explained the process of notifying the surrounding landowners of an application that is submitted for
septage. She added that in this situation they would place a notice in the Carr Post Office
Beverly Burris. 9872 CR 118. stated that she is confused because the application states domestic
wastewater injection is the proposed use The application does not say anything about storage tanks.
She said that their drinking water will be affected because the groundwater table is so high When this
ground is dry it is like concrete so any moisture that comes on the top of the ground runs.
The Chair referred to the application description that states it is for domestic wastewater injection and
asked Counsel for advisement_ Mr Barker read the legal notice into the record and stated that this notice
controls what is granted through the Use by Special Review and added that this does not include
injection . The Chair said that the confusion is based on the proposed use based on the application
description Mr Barker said that the application that came in may have been stated that way . however
after review by staff they determined that injection does not come within a Use by Special Review to be
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granted for that purpose. Therefore they developed the notice which controls the permit that would be
issued
Ms. Burris asked how they are to protect themselves from underground seepage of peoples waste
products She requested denial of this application_
Christine Schneider, 9359 Gray Avenue, stated that she is in real estate_ She said that ag zoning was
developed and designed for farmers and ranchers. She asked if the applicant is planning to change the
zoning for this commercial business. She expressed concern for property values.
Commissioner Wailes referred to Section 23-3-40 of the Weld County Code regarding the process of the
Use by Special Review in the agricultural zone district He clarified that there is no change of zone
application
Monica Yoknis. 9417 Roosevelt Avenue, stated that the frac tanks are said to be 10 years old She said
that according to quick Google search it shows that the life span of a standard frac tank ranges from 8 to
12 years depending on environmental conditions and maintenance. She asked how long the applicant
intends to have these tanks there. She expressed concern regarding what chemicals may still be in the
tanks from fracing and what were to happen if there was a leak and it was released into the ground.
Bruce Ranser. 9359 Gray Avenue, stated that the tanks have been sitting in the ground for two (2) years.
He noted that there is an engineers report on the tanks dated September 2014 He added that the tanks
have been fully buried and vented Mr. Ranser stated that the tanks should be fully inspected
Lonnie Magnuson . 9601 Warner Avenue. stated that he is a new resident to Carr and expressed concern
of not knowing what is in the tanks and what standards they will use to control this
Commissioner Jemiola asked who determines what type of tank the septage can be stored in and does a
used frac tank meet the specification of a septage tank. Tom Parko. Planning Director, stated that the
tanks were put into the ground without the County's knowledge He said that staff needs a little time to sit
down with Environmental Health and the applicant to go over the tanks in a little more detail He said the
applicant did provide an engineer letter: however he requested some time to discuss the tank
specifications further with the applicant . Commissioner Wailes asked if this would preclude them from
moving forward with a decision today Mr Parko said that we can take a recess to discuss this with
Environmental Health and come up with some language to add to the conditions of approval. He also
offered the possibility of continuing this case until the tanks can be evaluated further.
Commissioner Hansford asked to take a recess so that staff can meet to discuss this further.
Mr Sullivan clarified that these tanks are skid mounted dragon wastewater tanks not frac tanks. He
added that the building permit issue blindsided them until they were told by a former Environmental
Health employee when they applied for a Health Department Permit that they were unsure of the tanks.
Ms. Sullivan said that she did go to the County on August 11 . 2014 to file a permit with the Environmental
Health Department. She was told to go to the Building Department to permit the tanks She added that
the tanks have not been buried for two (2) years since they haven't owned the property for two (2) years.
She emphasized that they have done everything the County has asked them to do. With regard to
burying the tanks, there were told they could bury them
The Chair called a recess at 5: 16 pm and reconvened at 5 35 pm
Mr Parko requested that Condition of Approval 1 .A be amended to read -The applicant shall address the
requirements of the Weld County Department of Building Inspection . The applicant shall provide tank
specifications and a revised engineered letter stating that the tanks have been vacuumed and pressure
tested and is of appropriate material for the proposed USR along with the permit application" .
Motion : Amend Condition of Approval 1 .A as stated by staff. Moved by Benjamin Hansford . Seconded
by Joyce Smock
Vote: Motion carried by unanimous roll call vote (summary : Yes = 9 )
4
Yes: Benjamin Hansford . Bruce Johnson, Bruce Sparrow. Gene Stifle. Jordan Jemiola . Joyce Smock,
Michael Wailes. Nick Berryman . Terry Cross .
Mr. Gathman referred to the previous request of the addition of Condition of Approval 1 C which reads -A
Leak Detection Plan (including a more detailed description of the fill alarm system) shall be provided to
the Department of Planning Services. Department of Environmental Health and the Department of
Building Inspection for review and approval"
Motion : Add Condition of Approval 1 .C as stated by staff, Moved by Benjamin Hansford , Seconded by
Michael Wailes
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9)
Yes: Benjamin Hansford . Bruce Johnson, Bruce Sparrow. Gene Stille. Jordan Jemiola. Joyce Smock,
Michael Wades. Nick Berryman . Terry Cross.
Commissioner Jemiola asked the applicants if they have ever installed these one of these storage units
before Mr Sullivan said that in 21 years they have done over 1000 installations including some very
large installations such as Camping World and the Johnstown Recreation Center Mr. Jemiola asked how
the monitoring of the storage units is done. Mr. Sullivan said that it is simple liquid monitoring through
measurements of the inside of the tanks and described the type of monitoring they are required to
complete
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 USR15-0035 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval . Moved by Benjamin Hansford , Seconded by Michael Wailes.
Vote: Motion passed (summary: Yes = 7, No = 2. Abstain = 0) .
Yes : Benjamin Hansford . Bruce Sparrow, Jordan Jemiola. Joyce Smock. Michael Wailes. Nick Berryman.
Terry Cross
No: Bruce Johnson, Gene Stille
Commissioner Stille said that because he has some familiarity with the water system around Carr, he
feels that compatibility with the land use citing Section 23-2-220.A. 3 that area is over the top of a huge
non-tributary closed basin aquifer He added that he is also concerned with the effluents to the Spring
Creek and Lone Tree Creek.
Meeting adjourned at 6: 17 pm
Respectfully submitted.
Digitally signed by Kristine Ranslem
‘13\iehn& 194"thAtt, Date: 2015.09.21 07:35: 17 -06'00'
Kristine Ranslem
Secretary
5
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