A proposed asphalt plant in Wellington is on hold after the town’s board of trustees rejected the project last week. The board agreed with Wellington resident Ayla Leistikow, who had filed an appeal against the plant arguing the city applied land use codes selectively to allow the plant’s construction.
“We want businesses to come here, you know. But it needs to be done in a way that follows the land use code,” Leistikow said.
Dan Sapienza, the town attorney for Wellington, said the appeal was unprecedented.
"Appeals are not common in the town of Wellington. In fact, my office has represented this town for decades," Sapienza said, "And in our research, we've not found any indication that there's ever been an appeal of a planning commission decision to the board of trustees."
The board overturned a previous decision made in June by the town’s planning commission that would have paved the way for the plant. The decision over whether to permit the asphalt plant was a controversial one. Residents have been making the case for disallowing the plant almost since it was announced. The focal point for most opponents of the plant regarded Wellington's setback rules—rules in local law that set limits on how close an industrial building can be to a residential area. In Wellington, zoning laws state industrial areas must be 1,000 feet removed from residential buildings. The planning commission granted an exception to that rule and reduced the setback to 800 feet for the plant in order to allow for its development on a currently vacant lot.
Many residents protested that decision, contending that an even greater setback should be applied, one reserved for businesses that "curate or produce" toxic chemicals. That setback would require 2,640 feet of space between residential and industrial sites. The planning commission decided not to use that standard—but the board of trustees didn't agree with that decision.
Out of six complaints filed in the appeal by Leistikow over the planning commission's approval of the site plan, the board of trustees agreed with four of them. Those complaints detailed reasons for not allowing the loose interpretation of zoning rules, as well as pointing out clerical errors made in Connell Resources' plan for the site. The trustees ultimately voted to overturn the decision made by the planning commission in a 4-3 vote.
During a recent board of trustees meeting, Trustee Jon Gaiter said the matter comes down to an acknowledgement of local zoning laws.
"The question is not 'Does it come at safe levels?' It's, 'Are these chemicals produced as any part of the process?' And Connell's own study that they did on their plant shows that...those chemicals do exist as part of the plant's operation," Gaiter said.
Leistikow has been fighting against the plant for months—she has always contended that Wellington was the wrong place for it.
"They have options in Weld and Larimer County, so this plant will absolutely keep thriving without being in Wellington," Leistikow said in reference to Connell Resources, the company behind the proposed asphalt plant. "We need asphalt. We need this plant to keep thriving, but at no point should a heavy industrial plant that produces toxic chemicals be 800 feet from residential, and be behind their community park."
In an emailed statement, John Warren, CEO of Connell Resources, said the company was still evaluating its next move.
"We are currently evaluating all our options regarding the Wellington Board of Trustee’s decision and have not reached a conclusion on how we intend to proceed," Warren wrote.
It's unclear what Connell Resources' options are to fight the decision. The planned plant is meant to replace another local aging asphalt facility that is nearing the end of its operational life.
