HomeMy WebLinkAbout991482.tiff HEARING CERTIFICATION
DOCKET NO. 99-37
RE: ACTION OF THE BOARD CONCERNING SITE SPECIFIC DEVELOPMENT PLAN AND
SPECIAL REVIEW PERMIT#1225 FOR AN OIL AND GAS SUPPORT SERVICE FACILITY
(HAULING OF CRUDE OIL)IN THE A(AGRICULTURAL)ZONE DISTRICT-WILMA PYLE
A public hearing was conducted on June 16, 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 to consider the request of Wilma Pyle for
an Oil and Gas Support Service Facility (hauling of crude oil) in the A (Agricultural) Zone District.
Lee Morrison,Assistant County Attorney, made this a matter of record. Sheri Lockman, Department
of Planning Services, submitted a letter from Thomas Hellerich, marked Exhibit F, requesting a
continuance of the hearing due to lack of notification. In response to Commissioners Vaad and
Baxter, Mr. Morrison stated if testimony is received during this hearing and a continuance is
granted, the applicant's representative will have access to the hearing certification, the recorded
record, as well as a transcript if desired to prepare his responses for the next hearing. He further
stated the disadvantage of allowing the public to speak today, is that they will be addressing
matters without hearing the applicant's presentation first. Chair Hall commented he would prefer
to allow testimony only from those who will not be able to attend the next hearing. The Board
discussed possible dates for continuance with Wilma Pyle, applicant.
Patricia McCloskey, surrounding property owner, stated she, as well as many of the other people
present, attended the Planning Commission hearing, and since that time she has called to confirm
the Board of Commissioners hearing date with the Clerk to the Board. She stated the applicant
should have taken the initiative to notify her attorney and requested the Board deny the request for
a continuance. Bob Wardlaw, surrounding property owner, stated this situation has been on-going
since November 1998, and during that time, Ms. Pyle has missed several deadlines and the
conditions on the site have not improved. He stated his opposition to a continuance of this hearing.
Kelly Neilsen, surrounding property owner, stated that although she has a busy schedule she still
made the effort to attend this hearing, and the applicant had ample time to notify her attorney.
Ruby Richardson, surrounding property owner, stated the applicant has been involved in this type
of situation for the past four years, and she had adequate time to notify her attorney. Tom Nielsen,
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HEARING CERTIFICATION - WILMA PYLE (USR #1225)
PAGE 2
surrounding property owner, stated the attorney should have been notified sooner by the applicant,
and he expressed concern with fire safety on the property. He stated if the operation is approved,
the current conditions could increase, and he requested the Board deny the application today.
Brian Mirana, surrounding property owner, stated he farms land adjacent to the proposed site and
explained there is a fifteen-inch pipeline which runs beneath the property and may be crushed due
to the ground compaction from heavy machinery. Mr. Mirana stated if this pipeline is damaged,
several different crops will be without water. Robert Bishop, Platteville Fire Protection District,
stated the site, as it currently exists, is hazardous and any incident would be very dangerous and
costly. Don Schoenleber, surrounding property owner, expressed concern with the poor condition
of Weld County Road 60.5 due to the heavy truck traffic during the past year. Debra Johnson,
surrounding property owner, stated she made an effort to attend this hearing despite working late,
and the request for a continuance should be denied. William Edwards, surrounding property
owner, supported the previous statements and reiterated the applicant should have contacted her
attorney sooner.
In response to Commissioner Geile, Ms. Pyle stated she did not have legal council at the Planning
Commission hearing; however, she did hire Mr. Hellerich in May and discussed her case with him
for a couple hours during their first meeting. Mr. Pyle indicated she understood that Weld County
was sending a notice to Mr. Hellerich; therefore, she did not contact him and notify him of the
hearing date. Chair Hall commented that as the applicant it is her responsibility to ensure her legal
council is informed of all case information, and Weld County is not the cause of this situation.
Responding to Chair Hall, Mr. Morrison stated it would have been helpful if a notice was sent to Mr.
Hellerick; however, it is still the ultimate responsibility of the applicant, and he recommended
continuing the hearing to allow the applicant to have legal council present to help avoid further
delay if she appeals in court. Commissioner Geile expressed concern with continuing the matter
without a commitment from Mr. Hellerich. Mr. Morrison stated if sufficient time is given, Mr.
Hellerich can arrange to be present.
Commissioner Vaad commented that the County was notified that Mr. Hellerich was representing
the applicant when Exhibit E was submitted;therefore he moved to continue this matter to June 30,
1999, at 10:00 a.m., and to hear testimony from anyone who will not be able to attend that hearing.
Commissioner Baxter seconded the motion. Commissioner Geile expressed further concern with
continuing to a certain date when the Board has no commitment from Mr. Hellerich. Chair Hall, and
Commissioners Geile and Baxter each indicated that the applicant has placed the Board in a
difficult situation; however, by continuing the hearing, there is a clear procedure rather than
delaying the situation if the applicant were to appeal. Chair Hall asked for testimony from those
who cannot attend the hearing scheduled for June 30, 1999.
Tom Walters, surrounding property owner, stated he is a truck driver and recently renewed his
license. He stated trucks holding hazardous wastes, as proposed in this application, are required
to locate no less than 300 feet from any residence. Mr. Walters indicated there are numerous
hazards caused by the presence of the applicant's trucks in close proximity to homes and crops.
In response to Commissioner Geile, Mr. Walters stated the test for truck drivers states that trucks
carrying hazardous or flammable contents must park a minimum of 300 feet from a residence.
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HEARING CERTIFICATION - WILMA PYLE (USR #1225)
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Ms. Richardson asked why the operation is being allowed to operate when there are no permits.
Ms. Lockman stated the applicant did have a previous violation on another property which was
cleared; however, when Ms. Pyle moved the operation to this property, another violation was
created. In response to Commissioner Geile, Mr. Morrison stated there is no provision for the
Board to issue a Cease and Desist Order at this time; an Order would need to be issued by the
Court. Ms. Lockman added the applicant started the Use by Special Review Permit process before
a violation was initiated. Responding to Commissioner Vaad, Mr. Morrison stated it would be
appropriate to list a resolution on the agenda for the next hearing which authorizes the County
Attorney to proceed with legal action. He explained if the application is denied, the Board can
approve the resolution and operation qn the site would be required to cease immediately. In
response to Commissioner Geile, Ms. Pyle stated she will voluntarily cease operation at the site
pending the action of the Board at the next hearing. In response to Ms. Pyle, Chair Hall stated the
Board is requesting she remove her trucks from her property until a motion is made on her
application, and added she should have obtained a permit prior to locating them on the property
in the first place.
This Certification was approved on the 21st day of June, 1999.
APPROVED:
ATTEST:
�� �, BOARD OF COUNTY COMMISSIONERS
k '1 V.4 VT COUNTY CILO- • DO
Weld County Clerk to the �.. ,. �. , �� �r4j�.//
4O,`-�
s 440,0. bale K. Hall, Chair
is
Deputy Clerk to the *Srrt ,cP , 'EXCUSED
TAPE #99-21 10 le�, Barbara J. Kirkmeyer, Pro-Tem
Georg . axter
DOCKET#99-37
. eile�
Glenn Vaad.�
991482
PL1310
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 16TH DAY OF JUNE, 1999:
DOCKET #99-36 - LIGHTNING WIRELINE, INC.
DOCKET#99-37 - WILMA PYLE
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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