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HomeMy WebLinkAbout20121923.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Steve and Sheryl Gulley do A&W Water Case Number USR12-0027 Submitted or Prepared Prior to At Hearing Hearing 5 Surrounding Property Owners - Letters X 5.A Surrounding Property Owners —Dennis Francen letter dated May 25, 2012 X 5 B Surrounding Property Owners —Donald and Winifred Pfief letter dated May 21, x 2012 5.C Surrounding Property Owners —Brent Francen letter dated June 6, 2012 X 5.D Surrounding Property Owners—Ken and Jamie Starman letter dated May 22, X 2012 6 PC Exhibits 6.A Surrounding Property Owners —Lynn Ann Dunker email dated July 2, 2012 X 6.B Surrounding Property Owners —Cynthia Haugen email dated July 2, 2012 X 6.C Surrounding Property Owners —Scott Arnold letter dated July 2, 2012 X 6.D Surrounding Property Owners —Lynn Walter letter dated June 27, 2012 X 6.E Email from Linn Leeburg dated July 2, 2012 X I hereby certify that the nine items identified herein were submitted to the Department of Planning Services at or prior to the �,�c �� scheduled Planning Commissioners hearing. Diana Aungst Planner PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS 06/22/12. THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, Diana Aungst, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR USR12-0027 IN THE A (AGRICULTURAL) ZONE DISTRICT. Diana Aungst Name of Person Posting Sign Avo,_ A- k.u.4?- - Signature of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD ) d. 1 The foregoing instrument was subscribed and sworn to me this 2 day of, /1_ L I LL 201'T. WITNESS my hand and official seal. / . Notary Public _ �I V BILLIE J. MOORE 1 NOTARY PUBLIC My Commission Expires: �������� L/ STATE OF COLORADO ftr •i F e 1 .Y . ' fw: • PUNIC hearin .r}�' :' gs concerningthis properly will be heard before the fit t. a' $ 2' r County PlanningP P r . ,. i,.- Commission and $,� - l + .� Board of County Commissioners 1 t; • 4 :c6;y,, . . tit l..1f� Both hearings will be held al 'c.d.'s � ` - ?p WELD COUNTY ADMINISTRATION BUILDING 1/4.:f.. .;..e:• 1150 •"0" Street • Greeley, CO 80631 Planning Commission He aring will be held on r ' 1 Board e1 ZB at.1:�Q r f4 County Commissioner Hearir>g"vnll`be`held on Lt c � ZQ at i��A I Steuf :': - .� - C P I6uI ... 0, �;, q w Pit r Ni.' ; T T E _ N qN _ F ittse y,_ eFFor Wiiiilitz GIGGI Ur• col MG J. Fri FU ACreS. _ • _ K+tl(tj'�' INFORMATION ;i�4 ° PIEggE CONT �_ . "° '�'�, F P�'NNIMGSERV CEt Al THE WELD COUNTY DEPARTMENT �c OF rq le, " •• • '` `� -sus Ink, S. AT 97p.353•etG0. ext l _.J ` tiOn vial wwn�Woltlrbunlypla-2\on 9coses o_ of ♦ s � � frt Ted {♦1}• , 1 �1' .. va _ ..74‘a.4 l �• ,� K. `lt r 1.n 7.�- • jr t.. •i - _ �'„ '. , l�aj�c . EXHIBIT • o +May 25,2012 RECE WED Weld County Planning Services MAY 50 ,ni 1555 N. 17th Ave. Weld County F emu,.g Department Greeley,CO 80631 GREELEY OFFICE Case#: USR12-0027 Attn: Diana Aungst Dear Planner, This letter is my formal objection to the captioned case regarding establishment of an industrial water distribution station approximately 'A mile west of CR 53 on CR 70. I live on a farm, not a lot in an Industrial Park. Farm traffic yes. Industrial traffic no. The noise and dust disrupt and disturb the enjoyment of our property. I am the third generation of the Francen family to live at 25343 CR 70. My Father,John Elmer, lived approximately 80 of his 89 years at 25343 CR 70. I retired here in 2007. In 2008 North Weld County Water District installed a new supply line on the south side of CR 70, west of CR 53. I thought it was simply infrastructure improvement and the fire hydrants installed would reduce fire risk. In hindsight,I would say that NWCWD was simply taking the least expensive step towards becoming an industrial water provider. Soon after installation there would be as many as 6 semi's with 52' water trailers lined up just east of CR 51 on CR 70 to obtain water from the west most fire hydrant Communication with NWCWD and the county commissioners(Dave Long)proved they had little control over the water trucks. NWCWD indicated the most they could do was to"ask"the water haulers to move"temporarily"to another site. Last year the county widened the road and installed traffic control signs at the fire hydrant involved in the above case#. Now the county is turning the selection of these Industrial Water Distribution sites over to the water suppliers and haulers per the Greeley Tribune and they have chosen this site. How much traffic will this site generate in the future? More or less than the current site? I doubt anyone has the answer. Page 1 of 2 May 23,2012 Weld County Planning Services Case#: USR12-0027 Attu: Diana Aungst Page 2 of 2 There are many county roads in the area that have been paved and heavily traveled for decades.There would be less impact to property owners,communities and the environment if these industrial water distribution sites where located on paved roads and the criterion for the site location be more than the least costly. 1 , ran 343 CR 70 Eaton,CO 80615 CC: NWCWD PO Box 56 Lucerne,CO 80646 Steve&Sheryl Gulley 33605 CR 53 Gill,CO 80624 Weld County Commissioners Attn:David Long 1150 O Street P.O. Box 758 Greeley,CO 80632 EXHIBIT D • 7 I am writing this le er, to prates thie project for' ater trucks per Steve Gulley.. due to the usage of WCR 53..We had a whole winter of dirt and noise, day and night. and don't want any more of it..I had enough days of crying, because , I couldn't keep up with all -- the dirt, and lack of sleep, due to truck traffic.. • I am fully aware they have a job to do and a time-line to do'it, but it is to dangerous and dirty to use rd 53. The drivers try to see how fast they can get from rd 70 to the top of the hill [which is next to our bedroom window]], then hit their jake-brakes so they can slow enough to stop at hiway 392. believe me that will bring you out of a deep sleep at lam]. They drive in the middle of the road, so that all of the neighbors tell of close calls, and going in the ditch to avoid them..I am fearful of pulling out of my drive way, because, they cannot be seen till they get to the top of the hill..by then, they are at a high speed..in the middle of the road..and you are on your own, to be out of the way.. The dirt is just powder,,, and so thick you can taste it, even in your home..We all cough all the time from the dust. All our furniture, walls, clothes, cars in the garage, and, tools in the shop, all covered with dirt from wrc 53.. We know what country living Is all about, but, when we retired here, we didn't bargin for semi trucks, day and night. I firmly believe our health is at risk, as well as our well being from the stress. We do hope you will take our concerns into consideration as you proceed with i� this project 5-- O2/ _ 2 o i 2— 1����t� 't 1OCi1.uyr+-.//){GAD` EXHIBIT Weld County Planning Services June 6, 2012 1555 N. 17th. Ave Greeley, RECEIVE® CO 80631 Case #: USR12-0027 JUN 0 8 9n1? Attn: Diana Aungst Weld County Planning Department GREELEY OFFICE To whom this may concern: I understand that there is the potential for an industrial water distribution station to be located close to my residence. My property is located within 0.25 mile of this proposed site and I strongly disapprove of any/all possibilities of something like this with so much non-agriculture related traffic located close to my residence. I reside in a long-standing agriculture zoned area and request that it remains this way, as it was originally intended by the County's fore fathers. For over the past couple of years now, I have endured all the water truck traffic here on WCR 70, at all hours of the day and night. This additional truck traffic, above and beyond the normal farm-related traffic, has almost become unbearable and I can rarely enjoy dust-free times on my deck, let alone open windows for fresh air in my home. I welcome the oil industry to our county, but am confident that there has to be a much better suited area, with paved roads and better access to accommodate their ever increasing water needs. Our family has been here for three generations (87+ years) and it is very likely that the fourth generation will be soon residing out here. I request that the Planning Commission will understand our essential need to keep this area like it has been for over a century now and how this planned industrial-use site will reduce ours, along with the numerous neighbors' standard of living substantially, plus diminish the value of properties along the route to this proposed site. It is very sad that people can move into the area and propose something like this, most likely for personal financial gain, with no regard to the numerous families living around them. Changing ag- zoned land to this type of industrial use will dramatically change the landscape of this long time solace area for not only myself, but for everyone else along the route to this proposed site using County Roads 53 and 70. Brent R. Francen 25455 Weld County Road 70 Eaton, CO 80615 CC: Weld County Commissioners NWCWD Steve & Sheryl Gulley Attn: David Long P.O. Box 56 33605 WCR 53 P.O. Box 758 Lucerne, CO 80646 Gill, CO 80624 Greeley, CO 80631 EXHIBIT RECEIVED May 22, 2012 JUN 0 8 9nt, Weld County Planning Department Weld County Planning Services GREELEY OFFICE 1555 N. 17th Avenue Greeley, CO 80631 RE: USR12-0027 Steve & Sheryl Gulley c/o Leeburg& Associates To Whom It May Concern: We are writing this letter in regard to the proposed Oil & Gas Support and Service in the Agricultural Zone District. We would like to express our concerns for this proposal and make it known that we can't prevent this access as the Oil & Gas companies are already accessing this location for water. A pull out was created recently giving them access to a water hydrant, which has already increased the traffic, dust& noise levels at our house on County Road 53 tremendously. There is a noticeable increase in heavy truck traffic going by our house at all hours of the night& day. It is frustrating to have speeding trucks going by our house and the dust they create is terrible. It is not even an option to leave our windows open anymore due to the heavy traffic & dust. Some drivers are respectful of the speed limits and go by slowly, but many trucks go by at speeds in excess of 55 M.P.H. The traffic is at all hours of the day and the trucks are noisy—so at night we hear rattling truck traffic, which is not what you expect when you live in the country. We have lived here for 14 years and it is not as peaceful for us as it used to be. It feels like we live in an industrial area now, not in an agricultural area. We feel that if the Oil & Gas companies are going to continue accessing this water hydrant several issues need to be addressed on County Road 53. We feel that more Speed Limit signs need to be posted both North& Southbound and if possible reducing the Speed Limit on our road. We also would like to request that the road be treated for dust control on a regular basis and maintained better to get rid of the washboards in the road. Watering the road is not enough with the volume and speeds the trucks travel. We know that the noise levels can't be addressed as trucks are noisy, but if the other two issues are addressed maybe the noise level might be reduced due to speed limits being adhered to and the dust levels wouldn't be as bad. ken—antarman 33431 WCR 53 Gill, CO 80624 (970)392-0258 Home Diana Aungst From: L.R. Dunker[Irdunker@yahoo.com] Sent: Monday, July 02, 2012 12:38 PM To: Diana Aungst Cc: Don and Lynann Dunker Subject: Resident comments on USR12-0027 Attachments: NWCWDItr07281998.pdf To: Diana Aungst Subject: USR 12-0027 Date: July 2, 2012 I live at 33504 County Road 53, Gill 80624 which is approximately three-quarters of a mile southeast of this proposed water hauling distribution site. I oppose USR 12-0027 for the following reasons: 1 . There may be reduced water pressure at the fire hydrant located approximately 150 feet northwest of our property on the west side of CR 53. This area has low water pressure, typically with less than 20 psi to most residences. Because of that, to get enough pressure for their homes, many residents have boost pumps. Please see the attached letter dated July 28, 1998 from Don Posselt, Manager with North Weld County Water District (NWCWD) which notes this is a low pressure area'. NWCWD has made some improvements, however most homes still need the boost pumps. No data has been furnished to indicate that our properties will have adequate fire protection when the water hauling distribution site is pulling water from our area at rates of 250 gallons/minute and up to 650 gallons/minute at full build-out for 150 trucks per day. I believe the fire protection of our property and those in this area will be at greater risk if this facility is allowed. 2. Increased traffic with up to 150 semi-truck vehicles per day on local roads. 3. Increased dust due to increased semi-truck traffic on local gravel roads. 4. Increased noise due to heavy trucks going fast on rough roads and using Jake Brakes without mufflers. Please pass this information to the Weld County Board of County Commissioners and Planning Commissioners. Thank you for your time and consideration of these matters. 1 EXHIBIT I (0fl BOARD OF DIRECTORS ���� GARY SIMPSON . NORTH WELD COUNTY WATER DISTRICT ERNEST ROSS HIGHWAY 85 • LUCERNE,COLORADO 80646 W.M.McKAY M-" r% CHARLES ACHZIGER -_ DON POSSELT,MGR. ROBERT ARNBRECHT _ : P.O.BOX 56 • PHONE 970-356-3020 • FAX 970-395-0997 • July 28, 1998 RE: Water Service Dear Sirs, This letter is in response to your inquiry regarding water service to the following described property: Part of the SW1 Section 16,6N,64W, Lot B 1. Water service is presently being provided to the above described property. 2. x Water service can be made available to the above described property and provided all requirements of the District are satisfied. Yes,North Weld County Water District can provide water service to the above mentioned property with approximately ft. of line extension and provided all requirements of the District are satisfied. If contracts have not been completed with North Weld County Water District within one year from the date of this letter, this letter shall become null and void. Additional comments: 1—C uJ F E s s v 2r. d-i cp — Las 3 m'- .0 aces L Sr}c@rely, pfrdAdoc- Don Posselt,Manager Lynn Ann Dunker North Weld County Water District From: Cindv Haugen To: Diana Aunnst Cc: dfrancen@Wno.com Subject: A&W Water Proposal Date: Monday,July 02, 2012 11:56:00 AM Planning Commission Board Members: I live on the corner of Weld County Roads 70 and 53. I do have a concern with the proposal A&W Water Service is presenting. I realize that probably there is nothing that is going to stop it. However, I want to voice my concerns and to offer suggestions. My concern is for the dust that arises from the number of trucks that come and go from the water pump site. A &W needs to do dust abatement. The best solution would to be pave the roads involved. Barring that, mag-chloride should be laid down and on a continuous basis. When the roads get wet, the mag-chloride becomes very slippery and is hard on the vehicles traveling on it. It also leaves major ruts and washboards. A & W needs to make sure that following each rain, that the road is smoothed out and maintained. The noise of the trucks can be tremendous. The vibration of the trucks travel ling at some speed also rocks the homes. I can feel my house shake when they go by. The speed of the trucks on the roads should be minimized. I would suggest 20- 25.miles as a maximum speed. Truckers violating this should be fined. Also, there should be no jake brake use. A large sign listing this information along with a contact name and number for any violations should be posted so that residents can call when violations are made. The A & W representative said that trucks would be required to enter and leave on County Road 51, a paved road. I can foresee that this will not always happen. I understand that Dave Uhrich has volunteered some of his land for the pump site. It is located on the corner of WC Roads 51 and 70 and, thus, should not require any truck traffic on WC Road 70. This would eliminate any of the pump traffic from interfering with the residents along WCR 70 between WC Roads 51 and 53. This would make much more sense than having the trucks go to the middle of the mile section. I understand the pipe there is 14 inches, which would allow A & W sufficient pumping power. I do hope you will take my concerns and suggestions into consideration when you make your decision concerning A & W's proposal. Cynthia Haugen 33976 WC Road 53 Gill, CO 80624 PS: I never heard from the County or A & W about any of this. A neighbor had to tell me about it. EXHIBIT I /^ . 13 Diana Aungst From: Scott Arnold [SCOTTA@ntsb.gov] Sent: Monday, July 02, 2012 2:51 PM To: Diana Aungst Subject: Case Number USR12-0027, Re: Steven E. and Sheryl L. Gulley and A&W Water Service, Inc., Our opposition to the proposal is the damage that will be done to the dirt roads and the additional dust that will be created. We live on County Road 53,just south of County Road 70. There is heavy truck traffic, mostly oil field trucks,travelling on County Road 53 between County Road 74 and Highway 392. Heavy truck weights and speeds have created a "washboard effect" on the road. Once every two weeks, we will see a CDOT road grader plowing the road, but it has no effect.The washboards remain. The effect on our vehicles are front end alignments and windshield replacements (from stress cracks). My wife and son are volunteer firefighters with the Galeton Fire Protection District. On numerous occasions when responding on an emergency call,truckers have failed to yield to their emergency vehicles that display red lights and sound a siren.Additionally, in case of a major fire, there is concern as to the available water pressure We cannot open our windows to get fresh air because of the dust created by these trucks. We are reluctant to allow our children and grandchildren to ride their bicycles on the driveway for fear of them being struck by a speeding passing truck. We paid $42,000 for a water tap when we purchased our home. We pay a certain amount for water usage and an additional amount if we exceed that usage. The water companies get their water from fire hydrants at a much lower different rate. If Weld County is going to sanction an additional 75-150 trucks travelling these roads,the least they can do is widen and pave these dirt roads with asphalt. Weld County has the equipment, manpower, and assets to do the job. Instead of repaving perfectly good roads (and I travel these roads every day, particularly Kersey Road, C.R. 49), pave those roads that are being used constantly by heavy trucks. CONFIDENTIALITY NOTICE - THIS E-MAIL 'I12ANSMISSION MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL. PROPRIETARY. SUBJECT TO COPYRIGHT. AND/OR EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IT IS FOR THE USE OF INTENDED RECIPIENTS ONLY. I[you are not an intended recipient of this message, please notify the original sender immediately by lbrwarding what you received and then delete all copies of the correspondence and attachments from your computer system. Any use. distribution. or disclosure of this message by unintended recipients is not authorized and may be unlawful. EXHIBIT 1 (CI • n RECEIVED JUL 0 2 lni? June 27. 2012 Weld County rianning Department GREELEY OFFICE Dear sirs: Having lived on Weld Cty Rd 53 for over 15 years I understand there is going to be an increase in traffic. However I am troubled with the recent increases in traffic, speeding vehicles, wash board effects to the road, dirt and noise. We live in an agricultural area and are presenting to you proposals to keep our area agricultural rather than industrial. I have a medical condition that requires me to be diligent in caring for my health. I have had to start using my backyard rather than my front yard for any outdoor activities in an effort to avoid inhaling dust to prevent getting pneumonia again like I have already had this spring. The dust problem has also affected my livestock. I have spent nearly $1000 on vet bills for 1 horse dealing with a respiratory infection in the past 6 weeks. I would propose: 1. Trucks be denied completely or at the very least the numbers be limited greatly of the use of a water filling station in our agriculturally zoned backyards. I believe they should be required to go to an industrial park to fill up with water for industrial uses. 2. Any and all trucks should be required to travel to and from the water filling station via WCR 51 (paved) rather than using WCR 53 (dirt.) 3. No trucks be allowed to stop on the side of the road to fill up with water. Instead they should be required to pull off the road to a parking lot while waiting and filling. 4. Speed limit be posted and enforced. 5. Noise from the semi trucks jack brakes and grinding gears be monitored and fined accordingly. 6. Dust be controlled immediately by spraying the roads regularly or paving. Sincerely, Lynn Walter 33250 WCR 53 Gill, CO 80624 970.396.2020 LRWaes i;aol.com EXHIBIT Diana Aungst From: vleeburg@gmail.com on behalf of Verlene Leeburg [vleeburg@comcast.net] Sent: Monday, July 02, 2012 9:20 AM To: Diana Aungst Cc: Jeff Wright; Steve Gully; Kurt Rollin Subject: USR 12-0027/Gulley Diane: In anticipation of the Planning Commission Meeting ofJuly 3, 2012, A & W Water Service representatives met with neighbors of the proposed Water Loading Dock on Saturday, June 30, 2012. In response to various concerns, A & W Water Service offers the following mitigating actions in addition to those outlined in Weld County's Administrative Review: - Mag cloride dust control would be placed on CR-70 to CR-51 west from the USR Site. Speed limits for trucks would be 35 mph and fostered via trucker briefings and instructions and posted 35 mph signage. Similarly "No Jake Brake" signage and employee briefings. - Contact signage would be posted directing public/neighbors' concerns and complaints to A & W Water Service for response. It is proposed the foregoing be incorporated into the Off-Site Improvements Agreement as a provision of approval of the USR. A & W has already agreed to directing 100% of the haulage to CR-5I except for short term oil/gas customers that might lie immediately east of the USR Site. In addition: Prior to recording the Plat: — y 4.B.—The Applicant has already submitted a Waste I landling Plan. — 24.E.—The Owner and Leasec have executed a Land Lease which is available for review by County Staff. It is requested the Lease not be required to be recorded. 1.F.5 —No Water Quality Feature was proposed nor required to our knowledge. 1- .F.6 No trash collection areas were proposed nor required to our knowledge (see Waste Handling Plan). 1 .F.7 —No Lighting was proposed nor required to our knowledge. Thank you for the opportunity to bring these issues forward for Planning Commission consideration. Linn T. Leeburg EXHIBIT b D E 9 Hello