HomeMy WebLinkAbout991136.tiff HEARING CERTIFICATION
DOCKET NO. 99-37
RE: ACTION OF THE BOARD CONCERNING A SITE SPECIFIC DEVELOPMENT PLAN AND
SPECIAL REVIEW PERMIT #1225 FOR AN OIL AND GAS SUPPORT AND SERVICE
FACILITY (HAULING OF CRUDE OIL) IN THE A (AGRICULTURAL) ZONE DISTRICT -
WILMA PYLE
A public hearing was conducted on June 30, 1999, at 10:00 a.m., with the following present:
Commissioner Dale K. Hall, Chair
Commissioner Barbara J. Kirkmeyer, Pro-Tem - EXCUSED
Commissioner George E. Baxter
Commissioner M. J. Geile
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Sheri Lockman
Health Department representative, Sheble McConnellogue
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated June 2, 1999, and duly published June 5, 1999, in
the Fort Lupton Press, a public hearing was conducted on June 16, 1999, to consider the request
of Wilma Pyle for an Oil and Gas Support and Service Facility (hauling of crude oil) in the
A (Agricultural) Zone District at which time the Board deemed it advisable to continue the matter
to June 30, 1999, at the request of the applicant to allow her legal representative to appear. At said
hearing on June 30, 1999, Lee Morrison, Assistant County Attorney, made this a matter of record.
Thomas Hellerich, Attorney, stated he has a 1:30 p.m. court appearance and requested the Board
proceed with this hearing rather than continue to a later date. Chair Hall called a five minute recess
and upon reconvening Sheri Lockman, Department of Planning Services, stated three referral
agencies responded favorably, four submitted comments and conditions, the Platte Valley Fire
Protection District submitted concerns, and there are two petitions opposed to the operation. She
reviewed the chronological events of the applicant's case leading up to today's hearing.
Mr. Hellerich represented the applicant and stated the Planning Services staff initially
recommended approval of the proposal; however, the Planning Commission voted to deny the
request. He stated the concerns expressed will be addressed by the Conditions of Approval and
Development Standards, the site is used for storage of several pieces of equipment; however,
there is minimal maintenance conducted on-site, the empty vehicles are not washed at the site, the
access is from Highway 57, the applicant agrees to comply with the hours of operation and the
vehicles have all passed emissions testing. Mr. Hellerich further stated he discussed the proposal
with Robert Bishop, Platte Valley Fire Protection District Chief, and he agrees the site meets the
zoning regulations. Commissioner Baxter commented Mr. Bishop expressed concern with the if
located near residences. In response to Commissioner Geile, Mr. Hellerich stated there are seven
types of vehicles listed in the application, some of which are personal vehicles which are rarely all
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HEARING CERTIFICATION - WILMA PYLE (USR #1225)
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at the site at the same time because the equipment is needed in the oil fields. Mr. Hellerich further
stated the Pyle family and two employees and their families live on the site. Ms. Lockman clarified
that the employees are living in a fifth-wheel and RV on the site which are in violation, and the
applicant is requesting they be allowed under the permit. She stated if allowed they will require
separate septic and water supplies. Responding to Commissioner Baxter, Ms. McConnellogue
stated the living quarters will require individual septic systems; however, they can use a common
leach field which will need to be engineer designed. Commissioner Baxter commented that due
to the applicant's history with previous operations, she should have known what permits were
required and asked why the Board should allow a permit when it appears that the applicant
knowingly avoided getting the necessary permits. Mr. Hellerich explained they worked with a
realtor who advised a permit was not necessary. In response to Chair Hall, Mr. Hellerich clarified
the applicant is requesting the fifth-wheel and RV be allowed as permanent residences for
employees associated with the operation.
Don McCloskey, surrounding property owner, stated there are pictures showing in excess of seven
vehicles on the site at one time. He explained his home lies 110 feet from the property line and
expressed concern with the harmful truck fumes which flow into his home. Mr. McCloskey stated
he believes the applicant will operate trucks at all hours regardless of the Condition, there is a lot
of noise generated at the site, the access used from Weld County Road 57 crosses an irrigation
ditch which was not designed to support heavy truck traffic, and the applicant should be required
to repair any damage to the irrigation line. Mr. McCloskey stated the applicant recently moved the
trucks to the other side of the property and now the neighbor there must deal with the fumes each
day. In response to Chair Hall, Mr. McCloskey stated the petition submitted covers a two mile
radius and includes approximately sixty signatures of people who feel this type of operation should
not be located in the Agricultural Zone District.
William Edwards, surrounding property owner, stated he has observed activity on the site as late
as 2:00 a.m., and he indicated the location of surrounding residences. Mr. Edwards stated this is
a commercial business which should not be allowed in the Agricultural Zone District.
Pat McCloskey, surrounding property owner, read a letter, marked Exhibit G, from Ruby
Richardson, into the record regarding her concerns with the operation which generates high
amounts of fumes and truck traffic.
Mr. Bishop responded to earlier discussion regarding his referral and stated the application
incorrectly classified the property as C-1 Zone, which resulted in a response which does not apply
to the site. In response to Commissioner Baxter, Mr. Bishop expressed concern because the shop
is not a sprinkled building and the fire code does designate that tankers should have a 25-foot
setback from the property line, or 50 feet from approved buildings. Mr. Bishop stated the applicant
did not cease and desist operation as they indicated during the previous hearing and the fire district
would prefer the operation not be located within its jurisdiction. Commissioner Baxter commented
that Conditions of Approval could be added to the Permit as if it were in a Commercial District to
address concerns specific to this type of operation. Chair Hall stated the LaSalle Fire Protection
District had problems with the applicant when they operated at the previous location.
Don Schoemaker, surrounding property owner, stated he has lived in the area for 24 years and
during that time eleven new residences have been built. He stated this is a rural area and
expressed concern with the impact the operation has had on the roads while operating illegally.
Mr. Schoemaker stated the business is located in the wrong area.
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Kellie Nielson, surrounding property owner, stated she has been a resident in the area for the past
four years and has watched as the operation increased in size. Ms. Nielson read a log of the
number of vehicles and equipment on-site on various dates indicating they do have more than
seven vehicles present at one time. She stated the operation qualifies as a non-commercial
junkyard, since the Planning Commission hearing the applicant has changed the trucking route to
use Weld County Road 62 going south, and the operation does not serve the surrounding area;
therefore, it should locate elsewhere.
Bob Wardlaw, surrounding property owner, submitted a letter of opposition from Rodnick Ulrich,
marked Exhibit H, who lived next to the applicant's previous operation, and stated the operation
began small; however, over the years it has expanded and is very close to homes. Mr. Wardlaw
expressed concern with the potential damage to underground irrigation pipes and requested the
applicant be required to post a bond to cover the expense of repairing any damage. He stated he
has not observed the fifth-wheel or RV removed for dumping and stated the Kersey Fire District
is a volunteer district which will require at least thirty minutes to respond and may not have the
necessary resources to handle the type of fire which could occur at the site. Mr. Wardlaw stated
the operation will damage surrounding property values and added he does not have a problem with
the type of business except for the fact that it is located in the wrong area.
Tom Nielson, surrounding property owner, expressed concern with storage of empty oil trucks
which are potentially more hazardous than full trucks. He stated there is a 300-foot setback from
oil wells and these trucks are just as hazardous and should not be allowed to locate close to
residences.
Mr. Hellerich submitted disposal receipts, marked Exhibit I, from Accommodation Sanitation, and
clarified that the prior operation was not in violation, and this proposal does comply with the Weld
County Zoning Ordinance. Mr. Hellerich stated the applicant will be required to pay for any
damages, the issues regarding the amount of noise and hours of operation are addressed by the
Conditions of Approval and Development Standards, and the applicant has agreed to comply with
the requirements. In response to Chair Hall, Mr. Hellerich reiterated there was not a violation of
the previous Use by Special Review Permit. Chair Hall expressed concern with the items located
on-site causing the violation, as well as the lack of cooperation in following the voluntary cease and
desist order. Commissioner Baxter commented that diesel fumes are dangerous and there is no
good way of mitigating its effect. Ms. McConnellogue stated the only remedy would be to replace
the equipment with vehicles which use alternative fuels. Commissioner Geile expressed concern
with the misrepresentation given in the application, stated the operation affects the surrounding
property rights, and the applicant should have been aware of the proper permitting process.
Commissioner Geile moved to deny the request of Wilma Pyle for a Site Specific Development
Plan and Special Review Permit#1225 for an Oil and Gas Support and Service Facility (hauling
of crude oil) in the A (Agricultural)Zone District, based on his previous comments and the Finding
that the application is not consistent with the Weld County Comprehensive Plan or the intent of the
Agricultural Zone District, and it is not compatible with the existing or future development of the
surrounding area. The motion was seconded by Commissioner Vaad, and he stated the applicant's
past record of operation indicated that the Conditions of Approval and Development Standards may
not be met. Commissioner Baxter stated he is voting for the motion because of the reasons stated,
as well as concern over issues such as the diesel fumes which cannot be mitigated, and the
applicant did not follow through on the voluntary cease and desist. Chair Hall stated it does not
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HEARING CERTIFICATION - WILMA PYLE (USR #1225)
PAGE 4
appear that the applicant can comply with Section 24.4.2.7 which requires the provision for the
protection of the health, safety and welfare of the inhabitants of the neighborhood and County. The
motion carried unanimously.
Mr. Morrison stated at the previous hearing the Board requested that the violation be called up
immediately following the hearing should the permit be denied. He stated the matter was not listed
on the agenda; however, it was properly noticed in the prior hearing, and the regularly scheduled
violation hearing will not be held until July 13, 1999. In response to Commissioner Geile, Mr.
Morrison stated the Board can make a motion for legal staff to proceed today, or it can informally
direct staff to prepare the necessary documents to proceed immediately following the violation
hearings on July 13, 1999. Mr. Hellerich stated he will not be able to represent the applicant today
due to his previously scheduled court hearing. In response to Commissioner Geile, Mr. Morrison
stated the applicant does not have the authority to operate; however, the decision cannot be
enforced until a court action is filed. Commissioner Geile moved to continue the violation hearing
to July 13, 1999, at 10:00 a.m. Commissioner Baxter seconded the motion, which carried
unanimously.
This Certification was approved on the 30th day of June, 1999.
APPROVED:
1
ATTEST: 441 1 , /4 �. 1- l`� BOARD OF COUNTY COMMISSIONERS
6//ppy14 ► �i/� p,, COUNT C• ORADO
Weld County Clerk to the ''• .��� �si"
��ale . Hall, Chair
BY: oJ ft,_, `L .:
Deputy Clerk to the Bo��'J(_T "\ j,EXCUSED
Barbara J. Kirkmeyer, Pro-Tem
TAPE #99-23
EXCUSED DATE OF APPROVAL
George E. ter
DOCKET#99-37
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M. i��� / ice_
Glenn Vaad / �-
991136
PL1310
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 30TH DAY OF JUNE, 1999:
DOCKET#99-37 - WILMA PYLE
DOCKET#99-41 - JERRY AND JEANNIE BESS
DOCKET#99-42 - FRANCISCO AND MACLOVIO MARTINEZ
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.
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 30TH DAY OF JUNE, 1999:
DOCKET #99-37 - WILMA PYLE
DOCKET #99-41 - JERRY AND JEANNIE BESS
DOCKET#99-42 - FRANCISCO AND MACLOVIO MARTINEZ
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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EXHIBIT INVENTORY CONTROL SHEET
Case USR #1225 -Wilma Pyle
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)
D. Clerk to the Board Notice of Hearing
E. Thomas Hellerich Letter requesting to proceed with Hearing
F. Thomas Hellerich Letter requesting continuance
G. Ruby Richardson Letter of opposition (06/29/99)
H. Bob Wardlaw Letter of opposition from Rodnick Ulrich and
William Shable (05/15/99)
I. Applicant Invoices from Accommodation Sanitation
J. Platte Valley Fire Protection District Letter of Concern from Robert Bishop
(06/29/99)
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