When the Wellington Board of Trustees tossed out the approval of a site plan for Connell Resources' asphalt plant last month, Connell Resources was left with two options. They could go back to the drawing board and find a new location, or they could stay in Wellington and fight the board's decision. Last week, the company committed to trying to salvage their investment in the Wellington location when they filed a civil lawsuit against the board in Larimer County District Court.
Connell Resources operates an existing asphalt plant in Timnath. The plant is nearing the end of its operational life, and they have been looking for a new location to move their plant to. Original plans would have put the plant within 800 feet of residential areas. They've been trying to pin down the Wellington site for just under a year, and residents have been organized against it for nearly as long.
Connell Resources CEO John Warren declined to comment on the decision. The crux of Connell's argument comes down to a zoning law that has been at the heart of this debate since day one—does the plant produce or curate toxic chemicals?
Connell Resources argues no, saying petroleum products, sand and gravel come in, asphalt goes out. Wellington residents Ayla and Ben Leistikow argued in an earlier appeal that there are toxic chemicals being produced. The Leistikows appeal said burning industrial quantities of fuel produces toxic compounds that leave the plant as exhaust.
The Wellington Planning Commission originally chose not to apply the zoning laws that regulate facilities that "produce or curate" toxic chemicals. The Board of Trustees overruled that decision, siding with many of the points outlined in the Leistikow's original appeal— they agreed after a three hour debate that the zoning laws that regulate toxic chemicals should apply to the asphalt plant.
Ayla Leistikow says that the plants emissions plainly qualify as being toxic.
"There was obviously enough evidence, with the air dispersion study, and everything that Connell submitted during our planning process to show the trustees that they do," Ayla said.
That material did acknowledge that air pollution was produced as part of the regular operations of the plant. She's hopeful that the outcome will land in favor of the trustee's decision.
"I'm always gonna hope. This whole process has been just hoping every single step of the way. We have a land use code, and we just hope that it's followed just like any town or city out there," Ayla said.
Connell Resources is adamant that this location is extremely important to them; they need the plant to be in Wellington to have easy access to the raw materials they use to produce asphalt.
The matter will proceed to district court, where a higher authority will consider the Board of Trustee's decision. Members of the board declined to comment for this story.
