HomeMy WebLinkAbout20012777 HEARING CERTIFICATION
DOCKET NO. 2001-73
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1341
FOR AN ASPHALT AND CONCRETE BATCH PLANT, ASPHALT AND/OR CONCRETE
RECYCLING, SAND AND GRAVEL PROCESSING, MATERIALS AND EQUIPMENT
STORAGE,AND COMMERCIAL OFFICES IN THE A(AGRICULTURAL)ZONE DISTRICT-
PASQUALE AND JACQUELINE VARRA
A public hearing was conducted on October 24, 2001, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair
Commissioner Glenn Vaad, Pro-Tem
Commissioner William Jerke
Commissioner David Long
Commissioner Robert Masden
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Chris Gathman
Health Department representative, Char Davis
Public Works representative, Don Carroll
Public Works representative, Drew Scheltinga
The following business was transacted:
I hereby certify that pursuant to a notice dated October 5, 2001, and duly published October 10,
2001, in the Tri-Town Farmer and Miner, a public hearing was conducted to consider the request
of Pasquale and Jacqueline Varra,do Varra Companies, Inc.,for a Site Specific Development Plan
and Use by Special Review Permit#1341 for an Asphalt and Concrete Batch Plant,Asphalt and/or
Concrete Recycling, Sand and Gravel processing, Materials and Equipment Storage, and
Commercial Offices in the A(Agricultural)Zone District. Bruce Barker, County Attorney, made this
a matter of record. In response to Chair Geile, Brad Janes, applicant's representative, indicated
no concern with allowing testimony from public members who will not be able to return after lunch.
Chris Gathman, 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. Mr.
Gathman reviewed the reasons of approval as listed in the Planning Commission Resolution of
Recommendation. He stated the site will be accessed from Weld County Road 11, which is
maintained by the City of Broomfield. He further stated the applicant will be required to get access
permits and an executed Improvements Agreement with the City of Broomfield prior to recording
the plat. Mr. Gathman submitted a revised version of the Draft Resolution, marked Exhibit Y, and
he reviewed the proposed changes for the record. He referred to a letter from the applicant,dated
September 7, 2001, marked Exhibit G, asserting they have attempted to address the concerns of
the oil and gas and mineral owners on this property. Mr. Gathman stated RME Land, RME
Petroleum Corporation, and Kerr-McGee have all expressed concern and request an agreement
be in place prior to approval.
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Kerry Guildner, surrounding property owner, stated this is primarily an agricultural area, and she
expressed concern with allowing a 24-hour operation which will create dust,odors,and bright lights
at late hours. Ms. Guildner stated she does not feel a fence and trees will adequately mitigate
these concerns. In response to Chair Geile, Mr. Gathman stated the applicant wants to be
permitted for 24-hour operations for instances when they are obligated to complete a government
or public project. Char Davis, Department of Public Health and Environment, stated the applicant
is proposing state-of-the-art equipment to deal with any odors created by the asphalt batch plant.
Ms. Guildner also expressed concern with the existing truck traffic and additional traffic generated
by this proposal.
Regina Brugger, surrounding property owner, questioned whether the applicant has contracted to
do the work on E-470, and whether traffic will travel north or south on Weld County Road 7. She
expressed concern with noise generated by a 24-hour operation, as well as traffic safety. Ms.
Brugger stated there are 13 homes located between Weld County Road 2 and the southern
boundary of the site. She stated she concurs with the comments made by Ms. Guildner. Ms.
Brugger stated there are currently negotiations regarding maintenance of Weld County Road 2 by
the City of Broomfield, and she questioned whether this will be a temporary or permanent permit.
Chair Geile recessed the hearing until 1:30 p.m. Upon reconvening, Mr. Scheltinga described the
haul route, and stated he has analyzed the traffic study and concurs with its findings. He stated
there are adequate turn lanes at Weld County Road 2 and Highway 7, and there is not a capacity
problem at any of the intersections. He further stated Weld County Road 11 will need
improvements; however, that portion of roadway has been annexed by the City of Broomfield, so
Weld County does not have authority to require a Maintenance and Improvements Agreement.
Mr. Scheltinga requested the applicant be required to submit a copy of the Improvements
Agreement with the City of Broomfield once it is complete. In response to Commissioner Vaad,
Mr. Scheltinga stated the City of Northglenn's Sewage Treatment site is south of Weld County
Road 4, and the roadway has been annexed by the City of Broomfield. Responding to
Commissioner Long, Mr. Scheltinga stated the materials could be imported to the site by rail and
then hauled to market on the designated haul route. He confirmed that the City of Northglenn does
not have any right-of-way on Weld County Road 11. Ms. Davis stated the applicant has submitted
a Dust Abatement Plan, so Condition of Approval #2.F of the revised Resolution can be deleted.
In response to Commissioner Masden, Ms. Davis stated the applicant will be responsible
abatement of dust created on the site from traffic or operations. She further stated they will also
be required to obtain and comply with an Air Pollution Emission Notice (A.P.E.N.)from the State.
Responding to Commissioner Vaad, Ms. Davis stated the Dust Abatement Plan will not cover dust
created by the trucks off-site.
Brad Janes represented the applicant and submitted a document entitled Sequence, marked
Exhibit V. Mr. Janes stated materials will be brought in to the site, processed, and then made
available for developing infrastructure. He explained the operation will be developed based on the
demand for materials. He stated the City of Broomfield has annexed property adjacent to this site,
and he displayed a Broomfield Sub-Area Land Use Plan and vicinity map. Mr. Janes stated the
property is zoned agricultural; however, it consists of deteriorated crop land,which is less than 80
acres in size, and the water rights have been sold to the City of Northglenn. He stated there are
various other Special Review Permits in close proximity to this site, and he gave a brief overview
of the site layout. Mr. Janes stated under this application they would be permitted one concrete
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plant and one asphalt plant, and they would only expand if water becomes available. He explained
this will be a dry-processing plant and water will be hauled in for limited productions until they can
get a permanent tap or commercial well. He stated there is potential for developing the rail
accessories, the office will be located in the southwest corner, and they will employ approximately
18 people. Mr. Janes stated the applicant would like to have the flexibility of operating at night for
certain road construction projects. He estimated the operation will generate 72 truck trips per day,
two of which will be water trucks, and he added the septic system will be installed prior to
commencing operations, and a well will provide water for employee use. Mr.Janes stated they are
working on a road maintenance agreement with the City of Broomfield,which is not yet completed,
and there is currently no activity on this property. He stated the plants will meet current
Environmental Protection Agency(EPA)standards,and they have worked to mitigate the concerns
of the neighborhood and agencies involved. Mr. Janes stated the elevation of the site will be
altered to create a natural berm, the first 300 feet of the internal drive will be concrete, and
compaction within the site will help reduce dust. He further stated the areas that are not graveled
will be planted in native grasses. He stated the processing plants will be state-of-the-art, the
material will be vacuumed out, and although they are not certain they will set up an asphalt plant,
they would like to have that option if there is demand for one. Mr. Janes stated there will be
landscaped berms near the FRICO maintenance site and residence located at the southeast corner
of the site. He clarified most of the plant operations will be more than 400 feet from the site
boundary, and although there are still some issues regarding subsurface issues, the applicant
respects those interests and is willing to work out an agreement. Mr. Janes stated the applicant
hired a professional geologist to review the potential for coal at this site and his report indicated
no merit in the mineral owner's request for compensation in the amount of $10,000. He stated
there is adequate access to the mineral rights, while still proceeding with this proposal.
In response to Commissioner Vaad, Chris Varra, President of Varra Companies and Sand Land
Inc., stated he met with the City of Broomfield and agreed to participate in improving Weld County
Road 11 between Roads 2 and 6, and then west to the Frontage Road. Mr. Varra stated they will
provide grading and dust control with dust suppressant,and the reconstruction and graveling costs
will be proportional to the impact created by the operation. He stated dust suppressant will be
applied as determined by the City of Broomfield. In response to Commissioner Long, Mr. Varra
stated the imported materials will be coming in by truck using the designated haul route. He stated
Carter-Burgess was hired to review the existing operations in the area and determine the
appropriate haul route. He further stated there may be some local deliveries to the east. In
response to Commissioner Vaad, Mr. Varra stated they do have a facility along E-470, but there
will be no hauling between the two sites. Responding to Chair Geile, Mr.Varra stated there will be
a full-time safety manager patrolling the operation who will also meet with the City of Broomfield
to discuss speed limits and dust on the haul route. In response to Chair Geile, Mr. Scheltinga
stated there is not a set speed limit on Weld County Road 11. Mr. Varra stated he anticipates the
facility will generally operate from 6:00 a.m.to 6:00 p.m. Commissioner Vaad suggested the facility
be limited to operating from dusk to dawn, six days a week, and be required to call the Department
of Planning Services if extended hours are required on special occasions. Mr. Barker referenced
Section 23-4-290 of the Weld County Code regarding hours of operation. Commissioner Jerke
commented it would be better if the roads on the haul route were paved. Mr. Varra stated if the
traffic increases he is willing to pave Weld County Road 11 to Weld County Road 6 and encourage
the traffic to use that route rather than traveling south of Road 11. In response to Chair Geile, Mr.
Varra stated there is a Surface Use Agreement for the wells and drilling sites, and he has offered
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to pay $1,000.00 for the coal rights. Mr. Varra displayed a GIS map, marked Exhibit X, showing
oil and gas designated drilling sites, and he stated the proposed design will accommodate access
to those sites. Mr.Janes submitted Exhibit W,and stated the Dust Abatement Plan and Landscape
Plan are complete, and there is evidence of accommodation for FRICO. He expressed concern
with Condition of Approval #1 stating they may not be ready to record the plat within 30 days. Mr.
Barker and Mr. Gathman indicated no concern with extending that requirement. Mr. Janes stated
there is also evidence of accommodation for the Farmers Reservoir,and they are willing to provide
trees on the neighboring properties to help mitigate any negative impacts. In response to
Commissioner Long, Mr. Varra stated the Denver market receives its gravel by rail and he
anticipates that in the future he will be railing in all of the gravel to this site.
Regina Brugger,surrounding property owner,stated there is no posted speed limit on Weld County
Road 11 and she is concerned with excessive speeding which will be hazardous to children and
pedestrians in the area. Ms. Brugger stated she feels the road issues should be finalized before
approval is granted.
Chris Grenow, Kerr-McGee landman, stated Kerr-McGee is opposed to the design of the site
because they do have production facilities on the property. He stated the railway will create
difficulties in placing new pipelines from the existing well. He further stated there are two future
drill sites designated, but Kerr-McGee has not finalized plans for those sites. Mr. Grenow also
expressed concern with the applicant's plan to alter the elevation of the site. In response to
Commissioner Vaad, Mr. Grenow stated the last meeting with the applicant was on August 10,
2001. In response to Commissioner Jerke, Mr. Grenow stated there is not a current Surface Use
Agreement, and they still need to identify the legal drilling sites prior to approval.
Ron Schindler, attorney for RME Petroleum and RME Land company, stated RME owns all of the
oil and gas interests on this site and those rights have been leased to Kerr-McGee. He reviewed
the findings of the geologist regarding coal and methane located on the site. Mr. Schindler stated
there is an agreement that is still binding which allows easements for access to the oil and gas
facilities; however, a Surface Use Agreement has not been reached with the current property
owner. Mr. Schindler stated they would like an agreement pertaining to the disposition of hard rock
and coal, and $1,000.00 is not enough to purchase the coal rights. He stated a Surface Use
Agreement should be in place to address liability if pipelines need to be placed across the property
in the future. Mr. Schindler stated the previous Surface Use Agreement was dated in 1990 and is
no longer adequate. In response to Chair Geile, Mr. Barker stated mining coal would also require
a Use by Special Review Permit.
Charles Brugger,surrounding property owner, questioned whether funds are available to clean the
site if violations occur. Mr. Barker stated there are funds for those sites that qualify; however,they
have to be applied for. He stated the County has not required a performance bond on this type of
operation in the past. There being no further comments, Chair Geile closed public testimony.
Chair Geile called a five minute recess. Upon reconvening, Mr. Varra stated they normally bond
their gravel mining operations, they upgrade and maintain the sites, and he does not see a need
for bonding in this situation. In response to Chair Geile, Mr. Varra agreed to work with the City of
Broomfield to help control the speed of the trucks. Mr.Varra stated he is in general agreement with
all that the oil and gas companies have done; however, he feels they should honor the existing
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easements rather than running a straight pipeline to save money. Mr. Varra stated if the coal is
valuable, they should take action to remove it before he begins making improvements to the site.
In response to Commissioner Vaad, Mr. Varra reiterated he would be willing to pave Weld County
Road 11 from the site entrance north to Weld County Road 6 to help decrease the impact on the
road south of the site. Mr. Varra stated he would be willing to operate his mobile site and
accommodate the coal mining. Mr. Barker stated Section 23-4-290 allows for additional hours of
operation during emergency situations, not just tight work schedules. Mr. Gathman stated asphalt
and concrete batch plants are a Use by Right in the A (Agricultural) Zone District. Mr. Barker
stated if this proposal is approved, the Board will need to determine what is a public/private
emergency.
Commissioner Vaad moved to amend Development Standard #23 of the revised Resolution to
state, "The property owner or operator shall be responsible for complying with the Operation
Standards of Sections 23-2-250 and 23-2-290 of the Weld County Code. The interpretation of
"public or private emergency" would include specifications with a government entity that would
cause the need for around-the-clock operations for a limited period of time of production of the
product." He explained certain projects requested by a public or government agency that need to
go past daylight hours will be considered an emergency. Commissioner Jerke seconded the
motion, which carried unanimously.
Commissioner Vaad commented he does not want an extended amount of time to pass before an
agreement is reached and he does not want the Board put in a position of making a determination
regarding the oil/gas/coal interests on this property.
Commissioner Jerke expressed concern with adding a Condition of Approval requiring an
agreement with the mineral owners because that could result in giving them veto power over the
decision of the Board. Mr Barker stated this is different from a subdivision that is divided and sold
to various owners. He stated in this situation there is only one owner and he suggested adding a
paragraph to the Resolution to state, "Be it further resolved that the granting of this application, as
stated herein, does not preclude the right of the owners of the subsurface minerals such as coal,
oil, and gas, to develop such minerals, and the obligation of the applicant to reasonably
accommodate such development in accordance with State and/or Federal law." He stated granting
this application does not void the oil and gas rights and the proposed language would keep the
County from becoming involved in the dispute. Commissioners Vaad, Jerke, and Masden
concurred the proposed language meets the intent of the Board. In response to Chair Geile, Mr.
Barker stated the Board may want to establish language for subdivisions where the purchasers of
the various lots would be unsuspecting and be forced to deal with oil and gas operations on their
residential lot. In response to Commissioner Vaad, Mr.Gathman stated Condition of Approval#2.C
requires the applicant to submit a copy of an Improvements Agreement with the City of Broomfield
or other municipality if necessary prior to recording. Chair Geile stated the applicant has verbally
committed to bringing the speed limit issue before the City of Broomfield. In response to Chair
Geile, Mr. Varra stated he has reviewed and agrees with the Conditions of Approval and
Development Standards as proposed, revised, and amended.
Commissioner Vaad moved to approve the request of Pasquale and Jacqueline Varra, c/o Varra
Companies, Inc., fora Site Specific Development Plan and Use by Special Review Permit#1341
for an Asphalt and Concrete Batch Plant, Asphalt and/or Concrete Recycling, Sand and Gravel
2001-2777
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HEARING CERTIFICATION - PASQUALE AND JACQUELINE VARRA, C/O VARRA
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processing, Materials and Equipment Storage,and Commercial Offices 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 adding a paragraph to the Resolution to state, "Be it further resolved that the granting of
this application, as stated herein, does not preclude the right of the owners of the subsurface
minerals such as coal, oil, and gas, to develop such minerals, and the obligation of the applicant
to reasonably accommodate such development in accordance with State and/or Federal law,"
amending Condition of Approval #1 to change the plat submittal requirement from 30 days to 60
days, deleting Condition of Approval#2.F, amending Development Standard #23 as noted in the
previous motion, and to renumber or reletter as appropriate. The motion was seconded by
Commissioner Long. CommissionerJerke commented the coal asset needs to be pursued through
a permit if they are serious about extracting the resource. He stated the oil and gas owners have
known about this proposal for two and one-half months and he feels they need to be expedient in
working with the surface owner. For Clerk's clarification, Commissioners Vaad and Long noted the
motion should also include all of the changes proposed by staff in the revised Draft Resolution,
marked Exhibit Y. Upon a call for the vote,the motion carried unanimously. There being no further
discussion, the hearing was completed at 3:45 a.m.
This Certification was approved on the 29th day of October 2001.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD C NTY, COLORADO
ATTEST: ate#'� /I I1,® M. J. Geile, C it
Weld County Clerk to t f B•: ,p ..
��nr�
1 861 ('1 ten t
r 1,� • .:,,i�� � G enn Vaad, Pro-Tan
BY: 2
Deputy Clerk to theL`v-U r�� i (✓/� `e,
Wil ' H. Jerke
TAPE #2001-45
'd E. Lon
DOCKET#2001-73 .
bert D. Masden
2001-2777
PL1562
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1341 - PASQUALE AND JACQUELINE VARRA, C/O VARRA COMPANIES, INC.
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 07/17/2001)
D. Clerk to the Board Notice of Hearing
E. Applicant Letter of Clarification (09/14/2001)
F. Applicant Letter addressing Traffic Impact Study
concerns (09/11/2001)
G. Applicant Letter re: Conditions prior to Scheduling
BOCC hearing (09/07/2001)
H. Applicant Letter re: Mineral Rights of RME Petroleum
Corporation (08/07/2001)
Applicant Letter from CGRS re: REM Complaint to
Planning (08/07/2001)
J. U.S. Geological Survey Summary of Tertiary Coal Resources of the
Denver Basin, Colorado
K. Applicant Letter to HS Resources, Inc. (09/07/2001)
L. Snyder Oil Corporation Letter to Applicant re: Surface Damage
Agreement (01/26/1994)
M. Applicant Traffic Impact Study (August 2001)
N. Planning Staff Memo from Public Works re: Traffic Impact
Study (09/17/2001)
O. Arlyne Glardon E-Mail of Opposition (10/17/2001)
P. Hazel Frank E-Mail of Opposition (10/17/2001)
Q. Duane and Bernice Kirkmeyer Letter of Opposition (10/15/2001)
R. Manuel Montoya Letter re: Negotiations with FRICO
(10/18/2001)
S. Davis, Graham, and Stubbs, LLP Letter re: Kerr-McGee Rocky Mountain
Corporation oil and gas interests
(10/17/2001)
T. Planning Staff Two letters from Welborn, Sullivan, Meck,
and Tooley, P.C. re: oil and gas interests
(10/22/2001)
U. Planning Staff Photo of sign at site
V. Applicant Document titled "Sequence"
W. Applicant Letter and various backup correspondence
dated 08/24/2001
X. Applicant GIS map with Special Well Location Rule
Y. Planning Staff Amended Draft Resolution with additional
changes
Z.
AA.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 24TH DAY OF OCTOBER, 2001:
DOCKET#2001-74 - MARGARET RUHGE
DOCKET#2001-75- HS GATHERING
DOCKET#2001-72 - DARYLL AND CAROL PROPP/PROPP REALTY, INC.
DOCKET#2001-73 - PASQUALE AND JACQUELINE VARRA, C/O VARRA COMPANIES, INC.
PLEASE legibly write or print your name and complete address and the DOCKET#
(as listed above) or the name of the applicant of the hearing you are attending.
NAME AND ADDRESS(Please include City and Zip Code)DOCKET#OF HEARING ATTENDING
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RONALD I. SCHINDLER
SENIOR ATTORNEY
Palo kp2
Petroleum Corporation
1200 TIMBERLOCH PUCE.THE WWDLAND5,TX 77380 DIRECT.532/636-7506
P.O.BOx 1330.HOUSTON.TX 77251 13301 Mmu Fsx 832/636-7580
E-Mail'.ran_schindler�anadarko cool MAIN 281/875-I I01
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