HomeMy WebLinkAbout20040421.tiff HEARING CERTIFICATION
DOCKET NO. 2004-18
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1447
FOR AN OIL AND GAS SUPPORT AND SERVICE (HAULING OF WATER) AND
SEMI-TRAILERS AND CARGO CONTAINERS SITUATED AS PERMANENT STORAGE
UNITS IN THE A (AGRICULTURAL) ZONE DISTRICT - HERSCHEL AND BECKY
HOLLOWAY
A public hearing was conducted on February 25, 2004, at 10:00 a.m., with the following present:
Commissioner Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tern
Commissioner M. J. Geile
Commissioner David E. Long
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Michelle Katyryniuk
Health Department representative, Char Davis
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated February 6, 2004,and duly published February 12,
2004, in the South Weld Sun, a public hearing was conducted to consider the request of Herschel
and Becky Holloway fora Site Specific Development Plan and Use by Special Review Permit#1447
for an Oil and Gas Support and Service(hauling of water)and Semi-Trailers and Cargo Containers
Situated as Permanent Storage Units in the A(Agricultural)Zone District. Lee Morrison,Assistant
County Attorney, made this a matter of record. Michelle Katyryniuk, Department of Planning
Services,presented a brief summary of the proposal,entered the unfavorable recommendation of
the Planning Commission into the record as written, and gave a brief description of the location of
the site. She stated nine referral agencies reviewed this proposal, seven responded favorably or
provided comments that have been addressed through the Conditions of Approval and Development
Standards, and she received no comments from the Division of Wildlife or the Platte Valley Fire
Protection District. She further stated two letters were received from surrounding property owners
expressing concern regarding dust and odor. Ms. Katyryniuk stated if the Board approves this
request,Condition of Approval#1.M can be deleted because the deed has been verified as accurate.
Char Davis, Department of Public Health and Environment, stated she has no comments at this
time.
Donald Carroll, Department of Public Works, stated the site is accessed from Weld County
Road 48,which is a local grave road. He stated the average daily traffic county is 174 vehicles,and
there are two accesses (circle drive) to the facility at this time.
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HEARING CERTIFICATION - HERSCHEL AND BECKY HOLLOWAY (USR #1447)
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Tom Hellerich of Brega and Winters, P.C., represented the applicant and stated he was hired to
represent the applicant following the unfavorable recommendation of the Planning Commission.
Mr. Hellerich stated the applicant is willing to comply with all of the Conditions;however,they would
like to request an adjustment to the hours of operation. He stated the nature of the oil and gas
industry requires some flexibility, and he submitted letters of support from various surrounding
property owners, marked Exhibits H, I,J,and K. In response to Commissioner Geile, Mr. Hellerich
stated the hours of operation are addressed in Development Standard #27 which needs to be
modified to provide some flexibility for emergency situations. He stated they are requesting
exception for public or private emergencies which the applicant would be able to document.
Responding to Chair Masden,Mr.Hellerich stated the applicant has indicated typical operations are
conducted during daylight hours.
Robert Kuntz, surrounding property owner, stated when he moved to this area approximately six
years ago,it was a quiet neighborhood. He stated the area is primarily zoned Agricultural with rural
residential uses and there are also some small subdivisions. Mr. Kuntz stated due to an increase
in oil and gas production, the amount of pollution has increased which is a detriment of the rural
lifestyle. He stated this is not an appropriate location, and during the past two years the existing
business has escalated into a large-scale operation without the appropriate permits. He further
stated approval of this request will set a precedent for similar operations to begin moving into this
area. Mr. Kuntz stated allowing operation on an emergency basis would be very difficult to enforce
by the County, this operation would be better suited for a different location, and the Planning
Commission voted unanimously to recommend denial. Responding to Commissioner Geile, Mr.
Kuntz indicated the location of his property.
Dee Pfleiderer, surrounding property owner to the east,stated she can see the operation from her
home and the facility appears to be neat and orderly. She stated there are no odor concerns and
she supports the application. Ms. Pfleiderer stated the trucks do not generate much dust because
it is only a short distance along Weld County Road 48 before they slow and turn north or south on
Weld County Road 53. She stated many other trucks also use Weld County Road 48, and this is
an agricultural area so dust should be expected. There being no further comments,Chair Masden
closed public testimony.
Mr.Hellerich indicated there is one other neighbor in attendance that supports the application who
did not wish to speak. He requested the hours of operation be from 6:00 a.m. to 10:00 p.m.;with
the allowance for emergency service,and stated the applicant has committed to continue providing
dust treatment on the road. In response to Commissioner Vaad, Mr. Hellerich stated the applicant
will be able to provide correspondence from the public or private agency that requested emergency
service, substantiating than an emergency situation existed.
Responding to Commissioner Jerke,Herschel Holloway,applicant,stated the trucks haul Class II
materials(crude oil and production water)which are taken to the disposal site operated by Conquest
where it is then injected into the ground. He stated they do haul frac water,they intend to operate
seven days per week, and he would like his hours to be consistent with the disposal site which is
permitted to operate from 6:00 a.m. to 10:00 p.m. Responding to Commissioner Jerke, Mr.
Holloway stated during the summer months they can park a truck and wait to dump it the next day;
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however, during the winter the trucks must be empty or the contents will freeze and damage his
equipment. Responding to Commissioner Geile,Mr.Holloway described the equipment that will be
used,and added his property is only used to park equipment. He stated he intends to begin fueling
the trucks the night before to eliminate some of the return trips.
Ms. Davis stated at the Planning Commission hearing she requested the addition of various
Conditions of Approval and Development Standards; however, they were not incorporated as a
result of the recommendation for denial. Ms. Davis stated should the Board decide to approve this
request,those items will need to be added to the Resolution. Mr. Morrison stated staff's proposed
conditions were included as Exhibit 6a. Ms.Davis stated the proposed language addresses issues
she found during her site inspection. Mr. Hellerich stated the applicant concurs with the proposed
changes. In response to Commissioner Jerke, Mr. Hellerich stated there was one instance when
the applicant spread drilling mud on his property,which is allowed; however,they have committed
to cease that activity to mitigate concerns from the neighbors. Ms.Davis confirmed that drilling mud
is not considered contaminated and is allowed for spreading. Commissioner Vaad commented the
County appreciates the applicant's offer to assist with dust control; however,drilling mud does not
work well on roads. Mr.Holloway stated his property is not prime farmground,and he feels it is well
suited for this type of use. Commissioner Geile suggested Development Standard#27 be modified
to include language which allows the applicant to provide service during emergency situations. Mr.
Hellerich stated the applicant is also requesting the designated hours of operation be from 6:00 a.m.
to 10:00 p.m.when the disposal site is open. Commissioner Jerke concurred the hours need to be
consistent with the hours of Conquest. Commissioner Long and Chair Masden concurred. Ms.
Katyryniuk stated all three Conquest sites have the same hours of operation. Mr.Holloway clarified
the disposal site is approximately 15 minutes from his property, therefore, his drivers may arrive
shortly after 10:00 p.m., and the Board agreed to make that allowance.
Commissioner Vaad moved to find the proposal does comply with Sections 22-2-60.A.1 (A.Goal 1)
and 23-2-230.8.6 because this permit will help control blowing dust and noxious weeds on a site
that is not prime farmground, as well as Section 23-2-230.B.7 because the Design Standards,
Operation Standards,Conditions of Approval and Development Standards will ensure the protection
of the health,safety,and welfare of the inhabitants of the neighborhood and County. Based on those
findings, Commissioner Vaad moved to approve the request of Herschel and Becky Holloway for
a Site Specific Development Plan and Use by Special Review Permit#1447 for an Oil and Gas
Support and Service (hauling of water) and Semi-Trailers and Cargo Containers Situated as
Permanent Storage Units in the A(Agricultural)Zone District,with the Conditions of Approval and
Development Standards as entered into the record. His motion also included deleting Condition
#1.M, modifying the first sentence of Development Standard#27 to state"The hours of operation
will be limited to 6:00 a.m. to 10:00 p.m. daily," including the language as proposed by the
Department of Public Health and Environment as shown on Exhibit 6a,and renumber or relettering
as appropriate. The motion was seconded by Commissioner Long who commented this permit will
bring the site into compliance to resolve the violation, as well as provide service for an important
industry in Weld County. Commissioner Jerke stated there is a level of compatibility between the
oil and gas industry and the agricultural community,and it provides a substantial amount of income
to Weld County. He further stated the impacts are similar to common agricultural uses,most of the
operations for this application will be out in the field ratherthan at the applicant's property,therefore,
2004-0421
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HEARING CERTIFICATION - HERSCHEL AND BECKY HOLLOWAY (USR #1447)
PAGE 4
the impact to the neighborhood should be minimal. Chair Masden stated Weld County has over
10,000 active oil and gas wells,this site is close to a disposal facility,the proposal is consistent with
the area,and the Conditions of Approval and Development Standards will ensure the site remains
in compliance. There being no further discussion,the motion carried unanimously,and the hearing
was completed at 11:15 a.m.
This Certification was approved on the 1st day of March 2004.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
LD COUNTY, C O
ATTEST: gted, LA, Robert D. Masden, Chair
Weld County Clerk to t1Fy B•
'Q 4I? C2GlvA
L� LP � / William H. Je .Pro-Tem
BY: ti Co ! �
Deputy Clerk to the Bd'-y 11.1 217 4fl L
�•a.•� M. J. Geile
TAPE #2004-09 EXCUSED DATE OF APPROVAL
David Long
DOCKET#2004-18 Psi ,d.,t ri
Glenn Vaad
2004-0421
PL1703
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1447 - HERSCHEL AND BECKY HOLLOWAY
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 11/04/2003
and 12/02/2003)
D. Clerk to the Board Notice of Hearing
E. Brega and Winters, P.C. Letter of Authorization for the Applicant
(12/22/2003)
F. Brega and Winters, P.C. Letter requesting to proceed before the
Board of Commissioners (01/14/2004)
G. Planning Staff Certification and Photo of sign posted on
site
H. Applicant Letter of Support from Constance Schmidt
(01/07/2004)
I. Applicant Letter of Support from Ivan and Kim Ansel
(02/19/2004)
J. Applicant Letter of Support from Justin Whipple
(02/25/2004)
K. Applicant Letter of Support from Ron and Dee
Pfleiderer (02/18/2004)
L.
M.
N.
O.
P.
Q.
R.
S.
_ATTENDANCE RECORD _ _
HEARINGS ARE AS FOLLOWS ON THIS 25TH DAY OF FEBRUARY, 2004:
DOCKET#2004-19 -TIM FELTE/DOUGLAS YOUNG
DOCKET#2004-18 - HERSCHEL AND BECKY HOLLOWAY
DOCKET#2004-14 - MOISES RODRIGUEZ
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