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Home My WebLink About20083284.tiff 277 111111111111111111111111111111111111111 III IIIII IIII IIII 3601277 01/26/2009 11:40A Weld County, CO 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder RESOLUTION RE: ACTION OF THE BOARD CONCERNING REVIEW OF DEVELOPMENT STANDARD#28 FOR USE BY SPECIAL REVIEW PERMIT#1665 - HIGH PLAINS DISPOSAL, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on October 29, 2008, the Board of County Commissioners approved the application of High Plains Disposal, Inc., for Use by Special Review Permit #1665, for a Site Specific Development Plan and Use by Special Review Permit#1665 for an Oil and Gas Support Facility(Class II - Oilfield Waste Disposal Facility) in the A(Agricultural)Zone District, for property which is described as follows: Part of the N1/2 of Section 25, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS,the request to the Board of County Commissioners for review of Development Standard #28, for USR #1665, was submitted by Brett Payton of Otis, Goan, and Peters, LLC, 1812 56th Avenue, Greeley, Colorado 80634, on behalf of George Maxey, and WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present,studied the request of the applicant and the recommendations of the Weld County Department of Planning Services and, having been fully informed, finds that this request shall be denied. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Brett Payton, on behalf of George Maxey, to add Development Standard #28 to state, "Should the amount of truck trips exceed the amount of sixty (60) trips per day (as stipulated in the traffic study from Lamp, Rynerson, and associates, Inc., dated September 8, 2008), the applicant/owner shall provide evidence of an approved access permit from the Colorado Department of Transportation," or, "The Facility shall be limited to 30 (round trip)truck trips per day,"for Use by Special Review Permit#1665, be,and hereby is,denied. 2008-3284 � PL1986 (1( PL, F6t) //L /TTAL. A70 C/�3�� U(!UJ1LllJAYI!J!' !, !U! MI IIIIIIIII Weld County, CO 2 of 2 R 0.00 0 0.00 Steve Moreno Clerk& Recorder REQUEST CONCERNING REVIEW OF DEVELOPMENT STANDARD #28 FOR USE BY SPECIAL REVIEW PERMIT #1665 - HIGH PLAINS DISPOSAL, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of December, A.D., 2008. BOARD OF COUNTY COMMISSIONERS ,�� WELD COUNTY, COLORADO ATTEST: (/� •\, a , ✓ 7 y ;7:k,1illiam H. Jerke, Chair Weld County Clerk to the ) XCUSED `.`* " %'r oobbert M. :.e', Pro-Tern BY: � Deputy Cler o the Board William F. Garcia APPRQ D F • A °C• /_._ David E. Long i *Attorney ougl Rademac Date of signature: n9 2008-3284 PL1986 4Kler MEMORANDUM ElkTO: Board of County Commissioners 12/10/2008 COLORADO FROM: Chris Gathman — Planner III L , SUBJECT: Recommended changes to USR-1665 (High Plains Disposal) staff comments Legal Description: Lot A of Corrected RE-4519, being part of the N2 of Section 25, T5N, R65W of the 6th P.M., Weld County, CO. Site Location: South of and adjacent to County Road 54 and approximately'/2 mile west of County Road 49 Proposed Request: USR-1665, a Class II —Oilfield Waste Disposal Facility for High Plains Disposal, was approved by the Board of County Commissioners on October 29, 2008. Brett Payton, Associate Attorney with Otis, Coan & Peters, representing a neighboring property owner, is requesting in the attached letter dated October 31, 2008, that either one of the following be added as a development standard to USR- 1665 (High Plains Disposal): 1) "Should the amount of truck trips exceed the amount of sixty(60) trips per day(as stipulated in the traffic study from Lamp, Rynerson &Associates, Inc. dated September 8, 2008), the applicant/owner shall provide evidence of an approved access permit from the Colorado Department of Transportation." This proposed development standard (#28)was removed by the Board at the October 29, 2008 hearing. The Board's position was that this was an unnecessary standard because trucks will be coming from all different directions. Only a portion of overall truck trips will be coming from the north (State Highway 34). 2) "The facility shall be limited to 30(round trip) truck trips per day." It should be noted that staff did ask the Board at the October 29, 2008 hearing if they wished to add a separate Development Standard specifically addressing the number of truck trips allowed. The Board at that time made the decision not to add a specific Development Standard. It should also be noted that the Board required an accel-decel lane for the project to deal with traffic and that the Board felt this adequately mitigated traffic safety concerns. This was added as a condition of approval 6.A. The condition read as follows: "The applicant shall install an eastbound deceleration lane and westbound acceleration lane, in accordance with the requirements of the Department of Public Works." It is the position of planning staff that the question/request addressing total truck trips was already addressed at the October 29, 2008 Board hearing. However, should the Board decide that an additional development standard is warranted, staff recommends that Development Standard#2 be added: "The facility shall be limited to 30 (round trip)truck trips per day." 2008-3284 Q ' OTIS, COAN & PETERS, Lie VIELD COUNT`( CO RJ tc3 1:10V —Li A q: 01 :•/ .mL) Brett Payton Associate Attorney hdpayton(aiocslaw.com October 31, 2008 VIA FAX AND US MAIL Weld County Commissioners 915 10th Street P.O. Box 758 Greeley, CO 80632 RF,: High Plains Disposal USR-1665 Dear Gentlemen: This firm has been asked by Mr. George Maxey to review the USR application and proposed resolution relating to the construction of an injection well along County Road 54 by Highplains Disposal (IJSR 1661). During the October 29, 2008 Weld County Commissioners meeting (the "Board"), I presented testimony on behalf of Mr. Maxey to the Board regarding his concerns relating to the impact of traffic along County Road 54 as a result of this site being developed. As you may recall, Mr. Maxey does not oppose the development of the site, but he has significant concerns relating to the increase in the amount of heavy truck traffic along County Road 54, which he shares with his neighbors. As a means of mitigating those concerns, we asked the Board to specifically clarify that,within the language of the Resolution, Highplains Disposal's access to the facility not be doubled to 60 trucks in-and-out of the facility per day, but instead remain limited to 30 trucks per day, as indicated in their application. In fact, the testimony during the hearing confirmed that Highplains Disposal intends to only access the site with 30 trucks per day (30 rounds trips, 60 trips). However, prior to voting on the Resolution, a motion was made to strike the language within the Resolution, found at Paragraph 28, which states: Should the amount of truck trips exceed the amount of sixty (60) trips per day (as stipulated in the Traffic Study from I.amp, Rynearson and Associates, Inc., dated September 8, 2008), the applicant/owner shall provide evidence of an approved access permit from the Colorado Department of Transportation. ksic# / (.267- The Doyle Building/1812 56th Avenue/Greeley,Colorado 80634/Telephone:970-330-6700/Fax:970-330-2969/www nocolegal.com Board of County Commissioners October 31, 2008 Page 2 In deleting the language, the Board commented that it did not seem appropriate to involve CDOT in the process and therefore the language did not appear appropriate. Unfortunately, the deletion of Paragraph 28 removes all of the limitations pertaining to the amount of heavy truck traffic that will be allowed to access the facility, as the Resolution makes no other references to the level of truck traffic acceptable at the site. Furthermore, the fact that the record reflects the Board considered testimony relating to truck traffic, as well as the language of the Resolution 1`1nmg truck traffic, then cl cidcd essiiiicssl,, delete the vii:,, limitation in the Resolution, can be construed as giving Highplains Disposal an unlimited number of truck trips in and out of the site. As such, the expressed deletion of Paragraph 28 results in an unlimited expansion of use under USR 1661, which the public has not been advised of or given an opportunity to comment on. It does not appear that such expansion was the intent of the Board and, therefore, we are respectfully requesting that the Board of County Commissioners review the USR and the record prior to executing the Resolution and reconsider the deletion of Paragraph 28 in its entirety, or consider adding a separate paragraph specifically limiting access to the facility to 30 trucks per day (30 round trips, 60 trips) as indicated in the application and as confirmed by the testimony during the October 29, 2008 hearing. We appreciate your consideration of this matter and thank you for your time and attention. Sincerely, =3iPavt • BP:kkt t cc: Chris Gathman, Weld County Planning Bruce Barker, Weld County /� George Maxey �. £Et.✓ N� . in R 9/441 he?✓i Caw _.-/� board GCE c Jj6rt sty V/\ Garcia Jerke Long Masden Rademacher x'76 ( " Excellent! Thank you for your understanding and for your speedy response! Original Message From: Brett Payton [mailto:bpayton@nocolegal.com] Sent: Thursday, December 04, 2008 11:10 AM To: Elizabeth Strong Subject: RE: High Plains Disposal USR-1665 Ms. Strong, Thank you for the update, no worries on inconvenience or delay, my preference is that everyone who needs to be involved and share in the process has an opportunity to do so. I would be happy to discuss it with staff or anyone else who has questions. Brett Payton Associate Attorney Otis, Coan & Peters (970) 330-6700 Original Message From: Elizabeth Strong [mailto:estrong@co.weld.co.us] Sent: Thursday, December 04, 2008 11:04 AM To: bdpayton@ocslaw.com Cc: Esther Gesick; Chris Gathman Subject: High Plains Disposal USR-1665 Mr. Payton, It was intended that the Board reconsider this matter on Monday, December 8, 2008; however, the matter is tentatively going to be placed on agenda for Monday, December 15, 2008, pending discussion between planning staff and the County Attorney, Bruce Barker. I apologize for any inconvenience this may cause you. Members of planning staff may contact you if they have any questions. Elizabeth Strong, Deputy Clerk to the Board Hello