Minutes from Community Meeting Held on 1/29/2017 Re: Special Review Permit (Agriculture to Commercial Zoning Parcel # 080133100002) Location of Meeting: Mark Villereal & Alama Garcia Residence 26659 WCR 62 ½ Greeley CO 80631 Attendees: Mark Villereal Alma Garcia Karolyn Patch Connie Ley Gordon Mesbergen Iris Mesbergen Carmen Mesbergen Camy Padgett Warren Hammerbeck Rick Sponaugle Theresa Sponaugle Dallas Ley Meeting Convenes: 12:25pm Adjourns: 1:40pm Opening Comments Presented by Mark Villereal: States they have applied for a Special Review Permit to change current agriculture zoning into commercial zoning for their business. Business hours would run from 6:00am to 6:00pm, Monday through Friday with an occasional Saturday. They would run 4 trucks, not including any trailers. Application of permit was submitted on 1/20/2017. Business name is Colorado Well Site Service, LLC. Connie Ley: Presents she respects all neighbors and the wishes of them. Rick Sponaugle: Does the permit require overhead lighting and resurfacing? Mark Villereal: No overhead lighting required, possible resurfacing Alma Garcia: Since mechanic work will be performed a firewall will need to be installed. For purposes of resurfacing crushed asphalt or gravel would be used. Warren Hammerbeck: Why type of environmental compliance will need to be done pertaining to permit? Is there a limit to the number of employees you can employ? How many trailers are allowed under your permit? Mark Villereal: No requirements of environmental standards required in permit. Do not own trailers therefore trailers were not discussed when applying for permit. Rick Sponaugle: What are the EPA regulations near an irrigation ditch? Dallas Ley: Believes any work can be performed up to 35 feet of an irrigation ditch Iris Mesbergen: When were you (Villereal & Garcia) interested in the property? Alma Garcia: July 2016 Mark Villereal: This is all new to them. Prior work in the oil field in 2014, lived in town and invested in small trucking business when oil field started to crash. Alma Garcia: Seller of property didn’t think it would be an issue to park semi-trucks on property. Warren Hammerbeck: Concerns about noise control and what measure would be taken Alma Garcia: Not sure, Planning Commission didn’t say anything about that Mark Villereal: Wants to be conscientious about neighbors and noise control Iris Mesbergen: States wishes for commercial business to be held on a different location, there has been a lot of noise within the last 5 months that has been disruptive. Admires hardworking individuals, but highly concerned with the re-zoning. Gordon Mesbergen: States areas of concern include air wrenches, back up alarms, lights and excessive noise in the middle of the night. Dallas Ley: Makes statements regarding supporting the operation proposed Theresa Sponaugle: Has concerns for plans with the growth of the proposed operation Gordon Mesbergen: reports there is already dissention in the neighborhood because of this proposal Connie Ley: Doesn’t believe there is any neighborhood dissention Warren Hammerbeck: What are the plans for noise control, dust control, run off from the equipment? Would sales of used pipe be permitted under this permit? Rick Sponaugle: States drivers continually come in way to fast and there has to be a stop to this Connie Ley: Controlled speed a good idea Theresa Sponaugle: How long would this permit be effective for? Dallas Ley: Suggests Villereal/Garcia check with the SBCC and that a diverson dam may be needed. Rick Sponaugle: Expresses concerns for flooding issues and how water would be managed. Mark Villereal: They are looking into pulling a ditch to the canal for water management. Connie Ley: Reports communication with Josh Lang with Weld County suggest they are working to widen the county road, but it will take time. Iris Mesbergen: Would like solid answers to these valid questions as this is a big concern for the community. Mark Villeral: States they are going to put 6” foam insulation in the shop to help with noise. If the business would grow they would need to re-apply for a new permit to encompass larger business operations. Alama Garcia: States if their business is successful they will be purchasing an industrial property. Proposed permit is for 6 semi-trucks Warren Hammerbeck: Brings up concern for surrounding properties and environmental control Rick Sponaugle: Property values will decrease if permit is allowed and gives example of a neighboring property. Warren Hammerbeck: Concerns with burning, Can any type of trucks be used under this proposed permit regardless of what is being hauled? (i.e. trash trucks, cement trucks, etc) Gordon Mesbergen: What do you haul? Mark Villereal: Fresh water, frack sand/gravel Theresa Sponaugle: If the community would call to make a complaint would the complaint be handled? Mark Villereal: They would stop any violations right away Warren Hammerbeck: Are there any environmental concerns pertaining to frack sand? If cargo consists of any poisonous materials are precautionary measures going to take place? Mark Villereal: No environmental concerns for frack sand. Cargo is not stored on site and all trailers on site are empty. Rick Sponaugle: If hours of operation are 6:00am to 6:00pm, when will maintenance/mechanic work take place? Do you do background checks on employees? Mark Villereal: 3rd party company completes random UA’s, any employee’s actions while leaving the premises would be the company’s liability. Mark Villereal: Would like to have another meeting in a week or so with answers to the community’s questions. Diana Aungst Subject: Response from the applicant. FW: FW: CASE NUMBER: USR17-0007 Mark Villereal & Alma Garcia From: CWSSTRUCKING [mailto:[email protected]] Sent: Thursday, March 30, 2017 4:03 PM To: Diana Aungst <[email protected]>; [email protected] Subject: Re: FW: CASE NUMBER: USR17‐0007 Mark Villereal & Alma Garcia Good afternoon Diana, our neighbors to the south and west Denis and Joann could not attend the meeting they already had plans for that afternoon Joann stopped by the next morning and ask how it went i informed here about the concerns that were brought up she said she did not have anything to add and singed the sing in sheet. As for the follow up meeting we have decided to hold off to see what will be allowed by county so that we can give our neighbors correct information and accurate. THANK YOU AND HAVE A GOOD AFTERNOON Mark Villereal Alma Villereal Ofiice management 970-515-9093 Office 970-673-5196 Cell 970-330-0352 Fax Colorado Well Site Services, LLC 1 Diana Aungst Subject: FW: Colorado Well Site Services. M. Villareal From: Raul Lara [mailto:[email protected]] Sent: Tuesday, April 04, 2017 8:54 AM To: Diana Aungst <[email protected]> Subject: Colorado Well Site Services. M. Villareal To whom it may concern. My name is Raul Lara. I work for Colorado Well Site Services as a truck driver for the night shift. Last night (43-2017) I went to the yard at around 11:00 pm in a company semi truck to pick up some of my safety equipment which was required for this specific well site. I drove in from the west off of CR53 made turn around inside the yard and exited back to the west to CR53 as all drivers are told to do so whether it be day or night. It is the quickest way to and from the locations where we are currently working. I was as quiet as possible leaving the engine only at idle speed and had the truck slowly crawl to leave the area as to make the least amount of noise possible. I shut off the headlights while making the turn around as to not cause a shine into anyones windows which is something all night drivers are instructed to do. While we usually dont come back to the yard after 8:00 pm unless absolutely necessary, last night was one of the few times it was required. We are also told to turn on our headlights only after we are on the road completely straight not facing any houses. 1 Diana Aungst Subject: FW: Colorado Well Site Services. M. Villareal From: Raul Lara [mailto:[email protected]] Sent: Tuesday, April 04, 2017 8:54 AM To: Diana Aungst <[email protected]> Subject: Colorado Well Site Services. M. Villareal To whom it may concern. My name is Raul Lara. I work for Colorado Well Site Services as a truck driver for the night shift. Last night (43-2017) I went to the yard at around 11:00 pm in a company semi truck to pick up some of my safety equipment which was required for this specific well site. I drove in from the west off of CR53 made turn around inside the yard and exited back to the west to CR53 as all drivers are told to do so whether it be day or night. It is the quickest way to and from the locations where we are currently working. I was as quiet as possible leaving the engine only at idle speed and had the truck slowly crawl to leave the area as to make the least amount of noise possible. I shut off the headlights while making the turn around as to not cause a shine into anyones windows which is something all night drivers are instructed to do. While we usually dont come back to the yard after 8:00 pm unless absolutely necessary, last night was one of the few times it was required. We are also told to turn on our headlights only after we are on the road completely straight not facing any houses. 1 Diana Aungst From: Sent: To: Subject: Attachments: Carmen Mesbergen <[email protected]> Thursday, April 13, 2017 11:45 PM Diana Aungst Letter for Case#: USR17-0007 Owl Creek Ditch Villereal Property.jpeg; Villereal Property April 12 2017.jpeg April 13, 2017 Carmen Mesbergen PO Box 873 Platteville, CO 80651 Dear Ms. Aungst: Thank you for allowing me this opportunity to express my objection to the proposed project under Case #: USR17-0007. I attended the community meeting Jan 29 at the Villereal residence and have watched this case evolve since then. While I will always applaud hard work and small business building, I admire logical planning and common sense even more. I was 8 years old when my family moved into my parents' current residence across the road from the proposed truck yard, and have enjoyed the best of neighbors and friends in the ten years it was my primary residence. Although I currently operate my equestrian business in Firestone, CO, it is always an escape to Eden to come home again to visit family and the neighbors who had such a positive impact on my youth. The more I see of the world, the more precious this neighborhood becomes to me and the more critical the preservation of its peaceful and quiet purpose. Granting this permit to Colorado Well Site Services therefore seems an illogical option for the good of the community and the future of the small business itself for the following reasons: 1- The properties along County Rd 62 1/2 are maintained by owners who have lived in the area for 15+ years and who selected this neighborhood based on its "country quiet," friendly neighbors, and agricultural surroundings. To allow a commercial truck yard nearly half way down County Rd 62 1/2 from both intersections (County Rd 53 and County Rd 55) puts residences on both sides at the mercy of the additional dust, noise, traffic, light pollution, and road wear that this road was not designed to handle. Even with "normal" agricultural and residential traffic, the dust can become unbearable regardless of county maintenance - an issue that my father has alleviated around his property and that of other properties to the east of the Villereal residence by investing his own time and money into ordering tanker loads of dust control solution throughout the summer. Were the permit granted, I wonder how this added expense of dust control could fit into Colorado Well Site Services' budget as the number of commercial trucks on the road would increase significantly and create a subsequent increase in maintenance demands. 2- One of the main concerns expressed by meeting attendees the 29th was the impact a truck yard will have on the local environment, and indeed, it is a primary reason for my objection to the proposed truck parking permit. Owl Creek empties into a holding pond on the east end of the Villereal property and routinely floods, nearly on a yearly basis, with the resulting flood waters pouring over the road into my parents' pasture and over three other properties south and east of the ditch. Weld County has closed 62 1/2 from the area directly in front of the Villereal property to CR 53 in years of excessive rain/run off when large sections of the road were washed out, and to imagine a truck yard in the middle of this with any small oil leak or other commercial wastes joining the flood run off and running through the whole of the flood plane sounds like a plan for neighborhood contamination. 1 When I stopped home last evening (April 12) it appears a sort of privacy fence has been built parallel to the segment of Owl Creek on the Villereal property, and whether or not this is within regulation of the ditch company's area of use I mention only as an example of the sort of planning that has gone into this project from the beginning. It's no concern of mine if the fence washes away in the next flood or contributes to the severity of flooding in the proposed truck yard, but its impact on the rest of the flood plane throughout the neighborhood will have to be seen. 3- Allowing this permit in a current Agricultural and Light Residential Zone will set the precedence for future commercial permits. If additional residential properties were zoned commercial and/or industrial, the whole point of living in a "quiet agricultural zone" would be invalidated and the neighborhood devalued of what initially attracted the majority of its current residents. My parents have already discussed the possible loss in property value on their residence should the permit for truck parking pass and the field across from them turn into an additional truck parking area, parts storage, and/or repair center as no one would pay maximum value to live across from that. 4 - Should Colorado Well Site Services fail as is the fate of too many small businesses, a granted permit for truck parking would open the door for other commercial and/or industrial purposes at 26659 County Rd 62 1/2 should the Villereals decide to sell their property in the future. If that were the case, would another owner of a trucking company or other oil/gas small business need to apply for their own permit? Or could they set up shop under the permit originally granted to Colorado Well Site Services? An additional question I have is what the proposed permit actually allows. The notification cards from Weld County state "USR for truck parking in the Agricultural Zone District" but Mr. Villereal originally stated at the community meeting Jan 29 that he had applied for a Special Review Permit to change current agricultural zoning into commercial zoning for his small business, with business hours running from 6 am to 6 pm Monday through Friday with an occasional Saturday and that they would run 4 trucks not including any trailers. (Minutes from this meeting are currently part of Exhibit 8). This sounds much more expansive than simply parking trucks in an agricultural zone, so I would appreciate clarification on that matter. Does this permit allow for on-site repairs and truck maintenance? Additional pickup truck parking or service vehicle parking? Are all trailers permitted, including ones potentially carrying toxic material or waste? The last attached picture is from the evening of April 12 which I took around 7:45 pm while en-route to my parents' property next door, and should explain why I'm currently confused about what the proposed permit grants as to type of truck allowed and hours of operation specified. Ultimately, I hope Weld County Planning and Zoning will consider the dangerous consequences of granting the truck parking permit to Colorado Well Site Services. The neighborhood and surrounding area's potential to attract additional residents is unlimited in the years to come, provided Weld County respects the original Agricultural and Light Residential zone put in place to protect the people who live here from the effects of Commercial and Industrial land use. Thank you for your time and attention to my concerns. I would be delighted to discuss any of the issues I've mentioned in-detail and am available by email or phone. Best, Carmen Mesbergen Ph#: (970) 324-3426 2
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