HomeMy WebLinkAbout20153079.tiff 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 Parko, 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: USR14-0046
APPLICANT: THE ESTATE OF WINDON DAVIS, C/O RICK DAVIS
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR AN AGRICULTURAL SERVICE ESTABLISHMENT PRIMARILY
ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR
HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING
USES SIMILAR TO THE USES LISTED IN SECTION 23-3-40 AS USES BY
SPECIAL REVIEW AS LONG AS THE USE (GRINDING AND STORAGE OF
WOOD CHIPS AND LOGS FOR LIVESTOCK BEDDING) COMPLIES WITH
THE GENERAL INTENT OF THE A(AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION: LOT B OF RECX15-00070, BEING PART OF THE E2 OF SECTION 33, T6N,
R66W; LYING SOUTH OF GREELEY CANAL#3 EXC LOT A RE-783 OF THE
6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 31; NORTH OF AND ADJACENT TO CR
62.
l' Kim Ogle, Planning Services, presented Case USR14-0046, reading the recommendation and
comments into the record. Mr. Ogle noted that several electronic emails have been received as well as a
neighborhood petition along with 27 photographs concerning this land use application. The concerns
expressed were in regard to dust, noise, hours of operation, traffic and general safety. The Department
of Planning Services recommends approval of this application with the attached conditions of approval
and development standards.
Wayne Howard, Engineering, reported on the existing traffic, access and drainage conditions and
the requirements on site.
1' Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-
site dust control, and the Waste Handling Plan.
Phil Brewer, Environmental Health, stated that in May he recorded noise levels approximately 100 feet
away from the operating grinder on site. He stated that the noise level determined was 73.5 decibels. He
added that the noise level acceptable for a residential area during the daytime, which is when he
determined the noise level, is at 55 decibels.
Commissioner Johnson asked what was recommended to lower the noise level to 55 decibels. Mr.
Brewer said that he is not an acoustical engineer and cannot make any recommendations on how best to
reduce the noise.
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Warren Schaeffer, stated that he is the Attorney on behalf of the applicant, Rick Davis. He stated
that this use has been going on for a little over three years. The saw dust (chipped wood) is being used
for agricultural uses. He added that they sell the saw dust to dairy farms for bedding. Mr. Schaeffer
recommended approval of this application.
Commissioner Wailes asked if Mr. Davis is the principal operator of the business. Mr. Schaeffer replied
no and added Mr. Davis allows them to use his property. He added that Mr. Davis uses the excess wood
for heating his wood stove in the winter.
Commissioner Smock asked how the noise will be controlled since the decibel level is high. Mr.
Schaeffer said that one way is to limit the hours of operation and the scope and the size of equipment.
Ms. Smock said that the decibel level is still not within the required noise level and said that it will be
important to get those to coincide. Mr. Schaeffer said that he would need to defer to the operators of the
equipment to address that.
Commissioner Berryman asked how many conversations were held with the adjoining neighbors and
what the insights gained from those conversations were. Mr. Schaeffer said that he doesn't see this as
animosity but rather a disagreement between neighbors.
Commissioner Sparrow said that with regard to noise there should be a reasonable course of action that
will eliminate the problem. Mr. Schaeffer agreed and added that is what staff is recommending. He
stated that staff met with the applicant this morning and added that Mr. Davis agrees with the
recommendations in the staff report. Mr. Sparrow asked what the recommendations are. Mr. Ogle
referred to Development Standard 10 which states "The 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". Commissioner Sparrow stated that he would like to know what the applicants are going to do to
reduce the noise. Mr. Schaeffer said that if the operator continues to exceed the noise levels Mr. Davis
will terminate the relationship.
Commissioner Jemiola said that there are concerns with the compliance of Development Standard 10 so
if this case moves forward we want to make sure that the applicant complies with the noise regulation.
r' The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Tom Hellerich, 5401 West 10th Street, represents the adjacent landowner Nader Ghaffarvandlaleh. He
said that this is not a simple disagreement by Mr. Ghaffarvandlaleh and the applicant and added that
there have been several complaints regarding noise, dust abatement and roads. He said that Mr. Davis
was to submit a noise abatement plan and added that this has not been done. Mr. Hellerich stated that
the applicant's track record show of compliance with Weld County regulations has not been very good.
He added that this has been in violation for a significant period of time.
As it was pointed out, this operation is not being conducted by the applicant. He added that the operators
will come in and do their thing and leave and the regulations will be on Mr. Davis to adhere to. Mr.
Hellerich stated that this operation could be located on other suitable areas of the property instead of 100
feet from Mr. Ghaffarvandlaleh.
I► Nader Ghaffarvandlaleh said that they are not in opposition to be vindictive; however he added that
the Mr. Davis doesn't understand the impact of this business on the surrounding landowners. He
provided details of the impacts to his property from the applicant's operation.
Commissioner Cross said that there was a suggestion to move the chipper away from the surrounding
property and asked if it is possible with the floodplain. Mr. Ghaffarvandlaleh said that there is another
corner on the east side of his property where he resides and that would solve the noise problem.
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Commissioner Hansford clarified if Mr. Ghaffarvandlaleh is not opposed to the operation but opposed to
the location on the property. Mr. Ghaffarvandlaleh stated that was correct and added that as long as they
are not impacted by the operation he is acceptable to it.
► Mr. Schaeffer said that Mr. Davis did tell him that there have been eight(8) days over the past three
(3) years when the sound exceeded the required noise level. Mr. Schaeffer said that this is simple
personal animosity between Mr. Ghaffarvandlaleh and Mr. Davis. He believes that this is a reasonable
use of the property.
Commissioner Jemiola asked if there is a possibility of moving the operation to another location on the
property. Mr. Schaeffer stated that in order to move this operation anywhere on this property other than
where it is would require either a fill of the wetland or moving Mr. Davis's home closer to the street.
Commissioner Smock asked how often grinding occurs. Mr. Schaeffer said that grinding occurs two (2)
times per month.
Commissioner Hansford said that the applicant has to keep the noise down if approved or this permit
could be revoked. If this operation is going to happen in the county you have to comply with the County
Code and it is up to the applicant to meet the noise standard. Mr. Schaeffer said that he will sit down with
the owners of the operation and explain to them the gravity of these concerns and insist that they take the
necessary steps to ensure self-policing so that there are no excessive levels in the future.
Commissioner Johnson said that the noise shouldn't be our responsibility to recommend how that should
be done and it should be a plan submitted by the applicant. He added that he has a problem with passing
this with the tenant not complying.
Bruce Barker, County Attorney, said that you are to look at compatibility with the neighborhood and added
that it is not to try and find ways to mitigate the problems. He said that it is up to the applicant to make
certain that the Use by Special Review activity fits within the development standards. He added that it is
not part of your determination to make certain that the right mitigation measures are there as it is the
applicant's responsibility.
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.
ID' Motion: Forward Case USR14-0046 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 Benjamin Hansford, Seconded by Nick Berryman.
Vote: Motion passed (summary: Yes = 7, No =2,Abstain = 0).
Yes: Benjamin Hansford, Gene Stille, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman,
Terry Cross.
No: Bruce Johnson, Bruce Sparrow.
Commissioner Wailes stated that he feels this should fall under a Use by Right according to Section 23-3-
20.E of the Weld County Code. He said that staff has done a good job with the conditions of approval
and encouraged the applicant to take the advice and warnings given to locate this as far away from your
neighbors as possible. He hasn't seen a plan for the mitigation of noise or dust which those requirements
will need to be met and the burden of proof will rest solely on the applicant for that compliance.
Commissioner Smock said it is important to be a good neighbor.
Commissioner Jemiola recommended that the applicant work with the neighbors prior to the Board of
County Commissioner hearing to find an adequate solution.
CASE NUMBER: USR15-0033
APPLICANT: JOSH PEARSON
PLANNER: CHRIS GATHMAN
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REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES
INCLUDING OIL AND GAS SUPPORT AND SERVICE (PARKING AND
STORAGE OF HOT OIL TRUCKS AND RELATED EQUIPMENT) IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPT RE-2296, BEING PART N2NE4 SECTION 33, T4N, R66W
OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 40 AND WEST OF AND ADJACENT TO
CR 31.
► Chris Gathman, Planning Services, presented Case USR15-0033, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
Jennifer Petrik, Engineering, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-
site dust control, and the Waste Handling Plan. Ms. Light noted that there is a typographical error in
Development Standard 10 and requested to replace"shall"with"should".
Sheri Lockman, Lockman Land Consulting, 36509 CR 41, Eaton, stated that they will comply with
the development standards and conditions of approval. The access agreement that they were asked to
do was with the oil and gas company since they put in those accesses. Therefore the applicant obtained
the access agreements with them.
Josh Pearson, 13280 CR 66, stated that the hot oil trucks are an oilfield pump truck that they can heat oil
production tanks and it does various jobs in the oil field. Commissioner Johnson asked if it is ever
operated at the subject site or at the oilfield site. Mr. Pearson said that it is done at the job site. Mr.
Johnson asked if there is any odor associated with this. Mr. Pearson said that there is no odor as it is
burning propane.
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 referred to a request to amend Development Standard 10 as recommended by staff and
asked for any comments.
Motion: Amend Development Standard 10 as recommended by staff, Moved by Benjamin Hansford,
Seconded by Michael Wailes. Motion carried unanimously.
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 USR15-0033 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 Joyce Smock, Seconded by Bruce Johnson.
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 Wailes, Nick Berryman, Terry Cross.
The Chair called a recess at 2:22 pm and reconvened the hearing at 2:38 pm
CASE NUMBER: USR15-0035
APPLICANT: KEVIN&CYNTHIA SULLIVAN
PLANNER: CHRIS GATHMAN
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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.
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.
II"' Wayne Howard, Engineering, reported on the existing traffic, access and drainage conditions and
the requirements on site.
® 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.
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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 Wailes 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.
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 applicant's
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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.
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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
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 people's 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
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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 engineer's 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.
ID' 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).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Gene Stille, 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).
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Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock,
Michael Wailes, Nick Berryman,Terry Cross.
ID' 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 Still 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.
CASE NUMBER: ORDINANCE 2015-19
PRESENTED BY: MICHELLE MARTIN
REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 23 ZONING, OF THE WELD COUNTY CODE
► Michelle Martin, Planning Services, presented Ordinance 2015-19 and stated that this code change
will adopt the DFIRM maps as the basis for floodplain regulation for Weld County.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
D' Motion: Forward Ordinance 2015-19 to the Board of County Commissioners along with the
Planning Commission's recommendation of approval, Moved by Benjamin Hansford, Seconded by
Bruce Johnson. Motion carried unanimously.
CASE NUMBER: ORDINANCE 2015-20
PRESENTED BY: MICHELLE MARTIN
REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 23 ZONING, OF THE WELD COUNTY CODE
ID' Michelle Martin, Planning Services, presented Ordinance 2015-20, providing an outline of the
proposed code changes.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
D" Motion: Forward Ordinance 2015-20 to the Board of County Commissioners along with the
Planning Commission's recommendation of approval, Moved by Bruce Johnson, Seconded by Benjamin
Hansford. Motion carried unanimously.
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CASE NUMBER: ORDINANCE 2015-21
PRESENTED BY: MICHELLE MARTIN
REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 23 ZONING AND CHAPTER 24 SUBDIVISIONS, OF THE WELD
COUNTY CODE
ID' Michelle Martin, Planning Services, presented Ordinance 2015-21, providing a brief explanation on
the proposed code changes relating to cargo containers, landscape requirements for site plan reviews,
design standards regarding signs for Use by Special Review permits, and criteria for subdivision
exemptions.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Motion: Forward Ordinance 2015-21 to the Board of County Commissioners along with the
Planning Commission's recommendation of approval, Moved by Michael Wailes, Seconded by Bruce
Sparrow. Motion carried unanimously.
CASE NUMBER: ORDINANCE 2015-22
PRESENTED BY: MICHELLE MARTIN
REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 27 PLANNED UNIT DEVELOPMENT, OF THE WELD COUNTY
CODE
Michelle Martin, Planning Services, presented Ordinance 2015-22, providing a brief explanation over
the proposed code change allowing the Department of Planning Services Staff to approve minor
modifications to the change of zone plats, such as the removal of building envelopes. Additionally, this
proposed code change would allow developments within the Urban Development Nodes to develop
through USR's, SPR's, or Change of Zone requests
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Motion: Forward Ordinance 2015-22 to the Board of County Commissioners along with the
Planning Commission's recommendation of approval, Moved by Benjamin Hansford, Seconded by Gene
Stille. Motion carried unanimously.
ID. CASE NUMBER: ORDINANCE 2015-15
PRESENTED BY: TOM PARKO
REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 19 COORDINATED PLANNING AGREEMENTS, OF THE WELD
COUNTY CODE.
Tom Parko, Planning Services, presented Ordinance 2015-15 and provided a brief outline of the
Coordinated Planning Agreement with the Town of Windsor.
Commissioner Wailes asked if this agreement will have any bearing on any planning cases that are
currently underway. Mr. Parko replied no.
CASE NUMBER: ORDINANCE 2015-16
PRESENTED BY: TOM PARKO
REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 19 COORDINATED PLANNING AGREEMENTS, OF THE WELD
COUNTY CODE.
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Tom Parko, Planning Services, presented Ordinance 2015-16 and provided a brief outline of the
Coordinated Planning Agreement with the Town of Severance.
The Chair asked if there was anyone in the audience who wished to speak for or against Ordinance 2015-
15 or Ordinance 2015-16. No one wished to speak.
Motion: Forward Ordinance 2015-15 and 2015-16 to the Board of County Commissioners along
with the Planning Commission's recommendation of approval, Moved by Joyce Smock, Seconded by
Terry Cross. Motion carried unanimously.
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 6:17 pm.
Respectfully submitted,
Digitally signed by Kristine Ranslem
45\ieNefintlthfkt, Date:2015.09.21 07:30:30-06'00'
Kristine Ranslem
Secretary
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