HomeMy WebLinkAbout20052585.tiff HEARING CERTIFICATION
DOCKET NO. 2005-63
RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW
PERMIT#729 FOR AN OIL AND GAS SUPPORT FACILITY(BRINE WATER DISPOSAL
AND ALLIED FACILITIES) IN THE A (AGRICULTURAL) ZONE DISTRICT - LYSTER
FAMILY FARMS, A PARTNERSHIP, C/O MARCUM MIDSTREAM 1995-2 BUSINESS
TRUST, DBA CONQUEST DISPOSAL SERVICE
A public hearing was conducted on August 31, 2005, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner David E. Long
Commissioner Robert D. Masden
Commissioner Glenn Vaad - EXCUSED
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Kim Ogle
Health Department representative, Cindy Etcheverry
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated August 12,2005,and duly published August 17,2005,
in the Fort Lupton Press,a public hearing was conducted to consider the request of Lyster Family
Farms, a partnership, c/o Marcum Midstream 1995-2 Business Trust, dba Conquest Disposal
Service,for a Site Specific Development Plan and Amended Use by Special Review Permit#729
for an Oil and Gas Support Facility(brine water disposal and allied facilities)in the A(Agricultural)
Zone District. Lee Morrison,Assistant County Attorney, made this a matter of record. Chair Jerke
advised the applicant's representative,Dale Butcher,that he has the option of continuing this matter
to a date when the full Board will be present. However,if he decides to proceed today,it will require
three affirmative votes,or in the case of a tie vote, Commissioner Vaad will listen to the record and
make the determining vote. Mr. Butcher indicated he would like to proceed today.
Kim Ogle,Department of Planning Services,presented a brief summary of the proposal and entered
the favorable recommendation of the Planning Commission into the record as written. He gave a
brief description of the location of the site,which is within the three-mile referral areas for the Town
of Eaton and City of Greeley. He stated the applicant is requesting an amendment to the existing
permit to increase the number of truck loads allowed,as well as add five 500-gallon tanks;however,
the rest of the operation will remain the same. Mr. Ogle described the surrounding land uses,and
stated the facility will provide bottled water for the employees,and replace the portable toilet with a
vault system. He described the haul route as Weld County Road 64 east to Weld County Road 47,
and then south. Mr. Ogle stated twelve referral agencies reviewed this proposal, nine responded
favorably or provided comments that have been addressed in the Conditions of Approval and
Development Standards, and staff received two letters of concern from surrounding property
2005-2585
PL0038
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HEARING CERTIFICATION - LYSTER FAMILY FARMS, A PARTNERSHIP, C/O MARCUM
MIDSTREAM 1995-2 BUSINESS TRUST,DBA CONQUEST DISPOSAL SERVICE(AMUSR#729)
PAGE 2
owners. He stated the applicant did provide responses to the letters, marked Exhibits 12, 13, 14,
and 15,and he displayed photographs of the site and surrounding land uses. Responding to Chair
Jerke, Mr.Ogle stated the letters of concern were submitted by Harold and Patricia Schwalm,who
are renting a house from the Lyster family.
Cindi Etcheverry, Department of Public Health and Environment, stated the applicant provides
bottled water for its employees,and the site is currently serviced by a portable toilet; however,the
Department of Public Health and Environment is requesting a vault system.
Donald Carroll, Department of Public Works, stated the site is accessed from Weld County
Road 64, which dead-ends west of the site at the edge of the Greeley-Weld County Airport property.
He stated the two houses in close proximity are the Lyster Family home and a rental property. He
stated staff is requesting three additional inches of aggregate base and magnesium chloride to
eliminate dust problems on the haul route,and staff is also working with the applicant to improve the
turning radius at the intersection of Weld County Roads 64 and 47. He further stated the applicant
has signed a Long-Term Road Maintenance Agreement,which will be presented to the Board if this
permit is approved. In response to Commissioner Geile,Mr. Carroll stated the turning radius at the
intersection of Weld County Roads 64 and 47 was brought up at the Planning Commission hearing
by the Schwalms, who are tenants in a house owned by the Lyster family. He further stated the
agreement does address creating an adequate turning radius,and the applicant is working with staff
to resolve the issue.
Mr.Butcher,Conquest Disposal Service, represented the applicant and clarified the Schwalms live
north of the subject site and spoke at the Planning Commission hearing regarding concerns with
the turning radius at the intersection. The tenant in the Lyster house has not made a formal
statement regarding this matter. He stated the oil and gas industry has boomed in this area, and
water disposal is critical for the companies they do business with. He stated this is an existing
facility,and the landowner supports the facility and the proposed amendments. Mr. Butcher stated
they are requesting an increase from 30 to 50 truck loads per day and the addition of five storage
tanks. In response to Commissioner Geile, Mr. Butcher stated Pickett Engineering and two County
engineers are working to improve the intersection of Weld County Roads 64 and 47,which should
help the trucks make the necessary turns without entering the other lanes of traffic. Responding
to Chair Jerke, Mr. Butcher stated dust abatement is addressed in the Improvements Agreement,
they have applied magnesium chloride for this season, and they will continue to do so.
No public testimony was offered concerning this matter. Mr. Ogle requested Conditions of
Approval#1.F and#4.G be deleted, as well as Development Standard#8,which is very similar to
Standard #18. He also requested Condition #4.H be modified to reference the requested vault
system, and to amend Development Standard#25 to state, "Transport trucks will visit the site, on
average, 50 times a day,and less on weekends." Responding to Chair Jerke, Mr. Butcher stated
he and the applicant have reviewed and concur with the Conditions of Approval and Development
Standards as proposed and modified. He stated the facility does have a very nice large portable
toilet which gets cleaned once a week, whereas, the vault system at one of the other facilities
typically only gets cleaned once a year. He requested this facility be allowed to continue providing
a portable toilet, which seems much more sanitary. Responding to Commissioner Geile, Mr.
Butcher stated there will be one or two employees at this facility,and up to 50 drivers per day. Ms.
2005-2585
PL0038
HEARING CERTIFICATION - LYSTER FAMILY FARMS, A PARTNERSHIP, C/O MARCUM
MIDSTREAM 1995-2 BUSINESS TRUST,DBA CONQUEST DISPOSAL SERVICE(AMUSR#729)
PAGE 3
Etcheverry stated there is not much difference,environmentally,between the two types of systems.
She explained the State regulations require a septic system or alternative vault system; however,
she has no major concern with further modifying Condition #4.H to also include the option of a
portable toilet. CommissionerGeile suggested Development Standard#5 addresses the need for
a safe and adequate sewage disposal system,and staff concurred Condition#4.H can be deleted.
The Board indicated concurrence with all of the modifications as discussed.
Commissioner Long moved to approve the request of Lyster Family Farms, a partnership, do
Marcum Midstream 1995-2 Business Trust, dba Conquest Disposal Service, for a Site Specific
Development Plan and Use by Special Review Permit#729 for an Oil and Gas Support Facility
(brine water disposal and allied facilities) in the A (Agricultural) Zone District, based on the
recommendations of the Planning staff and the Planning Commission, with the Conditions of
Approval and Development Standards as entered into the record. His motion also included deleting
Conditions#1.F,#4.G,#4.H,and Development Standard#8,modifying Development Standard#25
to state,"Transport trucks will visit the site,on average,50 times a day,and less on weekends,"and
renumbering or relettering accordingly. The motion was seconded by Commissioner Masden,and
it carried unanimously. There being no further discussion,the hearing was completed at 10:45 a.m.
This Certification was approved on the 7th day of September, 2005.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTESTJYL._/.Y 1'�"-��
°V' f Zia William H. J- e, Chair
Weld County Clerk to
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11/4P� M. J.eil- Pro- em
BY:
Deputy Clerk to th�� t if
ittt Da • E.
TAPE #2005-34
Robe D. Masden
DOCKET#2005-63 EXCUSED
Glenn Vaad
2005-2585
PL0038
EXHIBIT INVENTORY CONTROL SHEET
Case AMUSR#729 - LYSTER FAMILY FARMS / MARCUM MIDSTREAM / CONQUEST
DISPOSAL SERVICES
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 07/05/2005)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Certification and Photo of sign posting
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 31ST DAY OF AUGUST, 2005:
DOCKET#2005-62 -JOHN AND KELLIE HATHAWAY
DOCKET#2005-63 - LYSTER FAMILY FARMS/MARCUM MIDSTREAM/CONQUEST DISPOSAL SERVICE
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
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