HomeMy WebLinkAbout20123600.tiff HEARING CERTIFICATION
DOCKET NO. 2012-102
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW
PERMIT, USR12-0069 (FORMERLY USR-729), FOR A MINERAL RESOURCE
DEVELOPMENT FACILITY, INCLUDING OIL AND GAS SUPPORT AND SERVICE
(CLASS II OILFIELD WASTE DISPOSAL FACILITY - SALTWATER INJECTION
FACILITY AND ASSOCIATED FACILITIES) IN THE A (AGRICULTURAL) ZONE
DISTRICT - LYSTER FAMILY FARMS PARTNERSHIP, CIO HIGH SIERRA WATER
SERVICES
A public hearing was conducted on December 19, 2012, at 10:00 a.m., with the following
present:
Commissioner Sean P. Conway, Chair
Commissioner William F. Garcia, Pro-Tem
Commissioner Barbara Kirkmeyer
Commissioner David E. Long -
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Brad Yatabe
Planning Department representative, Kim Ogle
Public Works representative, Don Carroll
Health Department representative, Troy Swain
The following business was transacted:
e I hereby certify that pursuant to a notice dated November 16, 2012, and duly published
November 21, 2012, in the Greeley Tribune, a public hearing was conducted to consider the
request of Lyster Family Farms Partnership, Go High Sierra Water Services, for a Site Specific
Development Plan and Amended Use by Special Review Permit, USR12-0069 (formerly
USR-729), for a Mineral Resource Development Facility, including Oil and Gas Support and
Service (Class II Oilfield Waste Disposal Facility — Saltwater Injection Facility and associated
facilities) in the A (Agricultural) Zone District. Brad Yatabe, Assistant County Attorney, made
this a matter of record.
El Kim Ogle, Department of Planning Services, presented a brief summary of the proposal
and reviewed the surrounding land uses. He indicated staff received a petition and letters,
marked Exhibits 1 through 3, from surrounding property owners expressing concerns regarding
trucks parking on the roadway, noise, hours of operation, truck traffic, dust, and decreased
property values. He reviewed the site layout, amended uses, and referral responses, and
entered the favorable recommendation of the Planning Commission into the record as written.
He displayed photographs of the site and surrounding area, which were reviewed for the record.
I pLi poi,tr1, 2012-3600
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HEARING CERTIFICATION - LYSTER FAMILY FARMS PARTNERSHIP, C/O HIGH SIERRA
WATER SERVICES (USR12-0069)
PAGE 2
la In response to Commissioner Rademacher, Mr. Ogle indicated the concerns listed in the
findings portion of the Resolution have also been addressed in the Conditions of Approval and
Development Standards.
Don Carroll, Department of Public Works, provided a brief overview of the transportation
plans, roadway classifications, traffic counts, weed control, access, circulation, and grading. He
reviewed the terms of the Improvements Agreement and reviewed the additional requirements
when certain triggers are met. He also stated there is adequate internal space to stage ten (10)
trucks, and reviewed the signage provisions, drainage and construction drawings. El In
response to Commissioner Rademacher, Mr. Carroll stated the Lysters are the only residence
on County Road (CR) 64, the facility is located at the end of the road, CR 47 is paved, and
CR 64 will be treated with magnesium chloride to control dust. Commissioner Kirkmeyer
requested the issue of parking/staging on CR 64 be addressed in the Conditions of Approval
and Development Standards.
Troy Swain, Department of Public Health and Environment, reviewed the water and sewer
provisions, as well as noise and dust mitigation measures.
VI Doug White, Vice President of High Sierra Water Services, represented the applicant and
referred to the PowerPoint presentation, marked Exhibit C. He requested the amount of truck
trips be amended to allow 115 truck trips per day, and he reviewed the company/facility history.
Mr. White explained the need for the addition of truck trips, which will ultimately reduce the
number of company trucks overall due to better efficiencies by expanding from other sites. He
explained Development Standard #20 was reduced at the Planning Commission hearing to be
consistent with the application before the applicant was aware of the increased capacity of the
well.
No public testimony was offered concerning this matter. In response to Chair Conway,
Mr. White clarified the hours of operations and the Board and Mr. Ogle concurred Development
Standard #26 allows full operations 24 hours a day, seven (7) days a week, including the
trucking operations. The Board agreed to modify Finding #2.C and delete the seventh and
eighth sentences and the five sub-paragraphs, as well as the second to last sentence and
revise the final sentence to state, "Several Conditions of Approval and Development Standards
are included to ensure that this use will be compatible with existing surrounding land uses." In
response to Commissioner Rademacher, Mr. White confirmed the company is agreeable to
applying magnesium chloride and Development Standard #19 was left unchanged. Following
discussion regarding the number of employees, the Board agreed to delete Development
Standard #17. Based on Mr. White's explanation concerning well capacity, the Board initially
agreed to modify Development Standard #20 to allow 115 round trips per day, and then
subsequently decided to delete the Standard. Following discussion, it was also agreed to
amend Condition of Approval #1.6.4 to add the phrase, "There shall be no parking or staging on
County Road 64." Commissioner Kirkmeyer requested a revision to Condition of Approval #5.6
to be consistent with Condition #5.A, also an amendment to Condition of Approval #7.A to
delete the words "application materials"and insert "the USR Permit and Conditions of Approval
and Development Standards."
2012-3600
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HEARING CERTIFICATION - LYSTER FAMILY FARMS PARTNERSHIP, C/O HIGH SIERRA
WATER SERVICES (USR12-0069)
PAGE 3
la Chair Conway reviewed the revisions for the record. In response to Commissioner
Kirkmeyer's previous question, Mr. Carroll proposed the deletion of Condition of Approval #5.A
to eliminate the inconsistency with #5.B. In response to Chair Conway, Mr. White indicated he
and the applicant have reviewed, and agree to abide by, the Conditions of Approval and
Development Standards, as proposed and modified.
k Commissioner Kirkmeyer moved to approve the request of Lyster Family Farms
Partnership, do High Sierra Water Services, for a Site Specific Development Plan and
Amended Use by Special Review Permit, USR12-0069 (formerly USR-729), for a Mineral
Resource Development Facility, including Oil and Gas Support and Service (Class II Oilfield
Waste Disposal Facility — Saltwater Injection Facility and associated facilities) in the
A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning
Commission, with the Conditions of Approval and Development Standards as entered into the
record. Her motion included changes as follows: modify Finding #2.C and delete the seventh
and eighth sentences and the five sub-paragraphs, as well as the second to last sentence and
revise the final sentence to state, "Several Conditions of Approval and Development Standards
are included to ensure that this use will be compatible with existing surrounding land uses."; add
a final sentence to Condition of Approval #1.B.4 to state, "There shall be no parking or staging
on County Road 64."; delete Condition of Approval #1.G as recommended by the Planning
Commission; delete Condition of Approval #5.A; revise Condition of Approval #7.A to delete the
words "application materials" and insert "the USR permit and the Conditions of Approval and
Development Standards."; delete Development Standards #17 and #20, and renumber or
re-letter as appropriate. The motion was seconded by Commissioner Long. Chair Conway and
Commissioner Kirkmeyer commended the applicant on reducing the number of truck trips
through the Town of Kersey. There being no further discussion, the motion carried unanimously
and the hearing was completed at 11:35 a.m.
2012-3600
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HEARING CERTIFICATION - LYSTER FAMILY FARMS PARTNERSHIP, C/O HIGH SIERRA
WATER SERVICES (USR12-0069)
PAGE 4
This Certification was approved on the 26th day of December, 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
.
Sean P. Cow y, Chair ( /
Weld County Clerk to the Board, /�,/�,q
r ,d. L y(
11 11fir+ ��r � William F. Garcia, P o�m
BY: 4
Deputy Clerl o the B <rg�, `j"FuU kv -CU 7 L/'c_/ L,c /A1.2
'C.t Barbara Kirkmeyer
Z1 r7111:4,EX> EXCUSED DATE OF APPROVAL
, H
David E. Long
Ocy . C(22 4/n
Clcr
Douglas ademach
2012-3600
PL0038
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