HomeMy WebLinkAbout20121925.tiff HEARING CERTIFICATION
DOCKET NO. 2012-46
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR12-0027, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, INCLUDING
OIL AND GAS SUPPORT AND SERVICE (WATER HAULING) IN THE
A (AGRICULTURAL) ZONE DISTRICT- STEVE AND SHERYL GULLEY
A public hearing was conducted on July 25, 2012, at 10:00 a.m., with the following present:
Commissioner Sean P. Conway, Chair
Commissioner William F. Garcia, Pro-Tern
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, Diana Aungst
Public Works representative, Heidi Hansen
Health Department representative, Lauren Light
The following business was transacted:
El I hereby certify that pursuant to a notice dated June 15, 2012, and duly published June 20,
2012, in the Fort Lupton Press, a public hearing was conducted to consider the request of
Steven and Sheryl Gulley, for a Site Specific Development Plan and Use by Special Review
Permit, USR12-0027, for Mineral Resource Development Facilities, including Oil and Gas
Support and Service (water hauling) in the A (Agricultural) Zone District. Brad Yatabe, Assistant
County Attorney, made this a matter of record.
ID Diana Aungst, Department of Planning Services, presented a brief summary of the
proposal and entered the unfavorable recommendation of the Planning Commission into the
record as written.
e Heidi Hansen, Department of Public Works, provided a brief overview of the current
roadway conditions and transportation plans and requirements.
IP Lauren Light, Department of Public Health and Environment, reviewed the on-site Dust
Abatement Plan and Waste Handling Plan, which is further addressed in Development Standard
#7. She requested the second sentence in Development Standard #11 be amended to state,
"Portable toilets and bottled water are allowed for employees or contractors that are on the site
for less than two (2) consecutive hours per day."
El Michelle Martin, Department of Planning Services, indicated she will e-mail maps showing
the existing and approved hydrants in the area, marked Exhibits G and H.
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El Jeff Wright, A&W Water Service, represented the applicant and stated this application is in
response to the request from the Board to establish hydrants in the field to reduce the impacts
of truck traffic. Mr. Wright indicated the locations of the nine residents who submitted letters of
opposition or concern regarding dust, noise, speeding and decreased water pressure. He
reviewed the applicant's plans to address the concerns, including reducing the proposal to a
maximum of 100 truck trips per day. He reviewed two other potential sites and stated, despite
the recommendation for denial, the applicant decided to complete this application process first
before pursuing those sites, since they will require new applications. Responding to
Commissioner Kirkmeyer, Mr. Wright stated trucking contracts are terminated if the driver does
not abide by A&W policies.
El Allen Overton, North Weld County Water District (NWCWD), reviewed the system
equipment to be installed and the capacity flow amounts to prevent spikes in flow or breaks in
the line. He responded to questions regarding the size of the line, how the company monitors
other projects to ensure balanced pressures, and how the tank system pressure is affected by
the topography in the area.
El Sherry Gulley, applicant, submitted a copy of a letter from her husband, marked Exhibit E,
which she read for the record in his absence. She stated the previous operator generated a lot
of dust on County Road (CR) 53, and this application will improve that situation. She further
stated they did their due diligence to ensure the water district was agreeable and that the
proposed use would not have adverse impacts on water pressure. She indicated the
neighborhood meeting was amicable and productive, with discussions to reduce the number of
daily truck trips and to reduce the speed limit on CR 70 to 35 Miles Per Hour (MPH) between
CRs 53 and 51.
Fl In response to questions from the Board, Mr. Wright reviewed the plans for staging within
the site, which is also monitored through the company's dispatch office. Ms. Gulley indicated
the proposal will be an improvement over prior operations in eliminating the traffic from CR 53.
Ms. Hansen provided the average daily traffic counts for CRs 70, 51, and 53, and reviewed
comments from the Grading Manager regarding maintenance needs of the roads, which varies
depending on the oil and gas industry activity.
ID Chair Conway advised those in attendance that the Board will recess the hearing at Noon;
however, they will take testimony from those who cannot return after lunch and will reconvene at
1:45 p.m.
El Dennis Francen, surrounding property owner along CR 70, stated the application will result
in a significant amount of truck traffic, which will negatively impact their farm operations and
property values. He expressed support for the alternate sites closer to CR 51, which do not
impact as many residences and are closer to a paved road. In response to questions from the
Board, Mr. Francen reviewed the past usage of the site, stated he is opposed to permitting truck
traffic which is not directly related to agriculture, and asserted that a 100 truck limit is actually
equal to 200 trucks per day when considering they will pass his home going in both directions.
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ID Dave Uhrich, represented Uhrich Farms, and expressed support for the alternate site at
the corner of CRs 51 and 70, which has adequate room for trucks to turn around and impacts
fewer residents. Commissioner Kirkmeyer expressed concern with the corner site due to trucks
accessing a roadway with higher traffic counts.
El Cynthia Haugen, surrounding property owner on CR 53, stated she did not receive notice
of the public hearings; however, she was informed by a neighbor. She referenced a letter she
previously submitted, marked Exhibit 6.B, expressing concern with the poor water pressure
situation, which will become worse if trucks are allowed to draw from the system. She further
stated CR 70 is in poor condition.
Et Sherrie Greybill, surrounding property owner at the dead end of CR 70, expressed
concern with water trucks which do not heed the dead end signs and are forced to backup or
turn around in her driveway. She stated the dust increases her chronic asthma symptoms, and
she expressed concern that the proposal will eliminate the water pressure entirely. Ms. Greybill
also addressed questions from the Board concerning the water pressure situation.
▪ Whinnie Pfeif, surrounding property owner on CR 53, stated she did not receive notice of
the application. She expressed concern with the health impacts created by dust, increased
traffic hazards, and impacts to water pressure, and she stated although this is her retirement
home, she is willing to relocate if the application is approved.
IR Marion Richter, CR 57 resident, expressed his concerns regarding lack of water to fight
fires and lack of traffic control impacting emergency responders. The Board addressed his
questions of whether the applicant is a taxable entity and assessed impact fees.
▪ Jarrett McGraw, surrounding property owner on CR 70, expressed opposition to the
application due to concerns regarding safety for school children riding the bus, lack of speed
enforcement for 24-hour operations, the need for road improvements, and impacts to the water
system in the area.
▪ Ken Starman, CR 53 resident, agreed with the prior statements of concern and opposition,
and added it is not compatible with the residential area which is already experiencing poor water
service.
Brent Francen, surrounding property owner, displayed a PowerPoint presentation
expressing issues of concern as well as proposed mitigation options, if approved. Mr. Francen
responded to questions from the Board regarding relocating the site and the inadequate water
situation. Mr. Yatabe requested a copy of the presentation be submitted for the record, marked
Exhibit I.
▪ Chair Conway recessed the hearing until 1:45 p.m. Upon reconvening at 2:00 p.m., Chair
Conway confirmed there were no additional public speakers and he closed public testimony.
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e Mr. Wright responded to the issues presented during public testimony regarding the
designated haul route, use of magnesium chloride to control dust, restriction of Jake brakes to
address noise concerns, a willingness to assist in response to fires, and reducing the maximum
number of daily trucks to 100. Mr. Wright responded to questions from the Board concerning
the age of the truck fleet and the reduced speed limit enforcement.
IE In response to questions, Mr. Allen provided additional information on the workings of the
local water service, recent and anticipated line improvements, pressure monitoring, and the
location of hydrants for fire service.
e Responding to Chair Conway, Mr. Wright indicated agreement with the change to
Development Standard #11 concerning portable toilets and bottled water for employees and
contractors that are on the site for less than two consecutive hours, and to amend Development
Standard #15 to reduce the maximum number of trucks down to 100. In response to
Commissioner Kirkmeyer, Ms. Aungst stated the applicant proposed the use of magnesium
chloride and the restriction of Jake brakes; however specific verbiage was not included in the
Resolution. Ms. Hansen added the use of magnesium chloride will also be addressed in the
Improvements Agreement. The Board agreed to amend Development Standard #14 to state,
"There shall be no parking or staging of vehicles, or the use of Jake Brakes, on CR 70.", and
they directed staff to reduce the speed limit on CR 70, between CRs 51 and 53 down to 35
MPH, if warranted. They also agreed to delete the last two sentences of Conditions of Approval
#1.B regarding drill envelopes. In response to Chair Conway, Mr. Wright stated he and the
applicant have reviewed, and agree to abide by, the Conditions of Approval and Development
Standards, as proposed and modified.
El Commissioner Garcia commended the applicant for working to address the request of the
County Commissioners to reduce traffic. He stated although the Planning Commission made a
recommendation of denial, he made a finding that the criteria listed in Section 23-2-230.B of the
Weld County Code have been satisfied and that the Conditions of Approval and Development
Standards, as proposed and modified, will adequately mitigate the potential impacts.
ID Commissioner Rademacher agreed and made his findings for support of the application.
e Commissioner Long stated A&W has proven to be a conscientious operator in other parts
of the County and expressed his reasons for support of the application.
El Commissioner Kirkmeyer agreed with the previous comments and commented the North
Weld County Water District is a paid service provider which needs to work to resolve the known
delivery shortage to paying customers within their district.
El Commissioner Rademacher added the issue of compatibility as additional support for his
decision.
e Chair Conway concurred with the previous comments regarding A&W being a good
neighbor; however, based on the public testimony, he is not convinced the subject site is the
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best location for the proposed use. Commissioner Long referred to the Planning Commission
minutes and stated the primary concerns were traffic and water pressure, which the applicant's
recent testimony indicates will not be affected since they are separate lines and they have
agreed to change the haul route and reduce the number of trucks. Commissioner Kirkmeyer
agreed the Planning Commission did not receive any testimony from the NWCWD, and the
applicant has agreed to reduce the traffic by one-third, apply magnesium chloride, and restrict
the use of Jake Brakes. Commissioner Kirkmeyer also gave instruction to staff to continue
working with companies and determining which hydrant locations are safe. She noted the
alternate site, at the corner of CRs 51 and 70, was eliminated due to its close proximity to a very
busy roadway. Commissioner Rademacher agreed. Chair Conway thanked the Board for their
comments and commended the applicant for making mitigation efforts.
ID Commissioner Garcia moved to approve the request of Steven and Sheryl Gulley for a
Site Specific Development Plan and Use by Special Review Permit, USR12-0027, for Mineral
Resource Development Facilities, including Oil and Gas Support and Service (water hauling) in
the A (Agricultural) Zone District, based on the finding that the applicant has demonstrated
compliance with all of the criteria listed in Section 23-2-230.B, along with the Conditions of
Approval and Development Standards as entered into the record. His motion included the
deletion of Condition of Approval #1.B, modifying Condition #1.C to delete the last two
sentences, deleting Conditions #1.F.5 through #1.F.7, amending the last sentence of
Development Standard #11 concerning the use of portable toilets and bottle water, modifying
Standard #14 to restrict the use of Jake Brakes, and amending Standard #15 to reduce the
number of trucks utilizing the site down to 100. The motion was seconded by Commissioner
Long.
ID Commissioner Rademacher urged the applicant to continue to work with the neighbors
and proceed with the operation, as amended. Chair Conway requested the roll call vote
because he is not satisfied the issue of compatibility has been satisfied. Commissioner Long
commented the opportunity to overturn a Planning Commission recommendation happens
depending on what the applicant does with the information presented at the previous hearing
and he believes they made changes which will reduce the impacts. Chair Conway agreed the
applicant has made positive strides, but he still feels it is not enough.
In Upon a request for a roll call vote, the motion carried four to one, with Chair Conway
opposed. There being no further discussion, the hearing was completed at 2:55 p.m.
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This Certification was approved on the 30th day of July, 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:'j�,„ P
Sean P. Conway, Chair
Weld County Clerk to the Board
WI -m . arcia,
BY: 911-A 116'.rat
Deputy Cie.*to th oars / ton
if �s rbara Kirkmeyer
i.,i S;4 EXCUSED DATE OF APPROVAL
%,, ,;v Mir David E. Long
r. ��
Nyei ' ti / a . /a
iou. .s Radem-cher
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