HomeMy WebLinkAbout20131616.tiffINVENTORY OF ITEMS FOR CONSIDERATION
Applicant UFI Feeding LLC Case Number USR13-0014
Submitted or Prepared
Prior to
Hearing
At
Hearing
1
John P. Curran III — Letter dated 5/2/2013
X
2
John and Wendy O'Brien — Email dated 5/27/2013
X
3
John Konz- Letter dated 5/23/2013
X
4
Signature unreadable- Letter received May 29, 2013
X
5
Justin Shoulders, Kerr McGee Letter dated May 30, 2013
X
6
Glen Czaplewski — Letter dated May 28, 2013
X
7
Memo from Michelle Martin dated June 4, 2013
X
8
Justin Shoulders, Kerr McGee Letter dated June 4, 2013
X
I hereby certify that the eight items identified herein was submitted to the Department of Planning
Services at or prior to the scheduled Planning Commissioners hearing.
Michelle Martin, Planner
RECEIVED
May 2, 2013
RE: Case # USR13-0014
Weld County Planning Department:
MAY 0 7 ?Q13
Weld County Planning Department
GREELEY OFFICE
It has come to my attention that the building being constructed on the corner of WCR 46 and
WCR 13 was approved by you as an agricultural improvement when in fact it was always the
intent to rezone it for use as a recreational facility with ball fields. This would include lights that
would bum brightly until at least 11 p.m. at night.
I have no problem with providing people of all ages with rec facilities, but I do have a problem
with its present proposed location. I've lived in the surrounding area for over 20 years and I
know how the impacts of traffic, noise, trash and bright lights will affect the quality of life here.
More important, the impact it would have on the wildlife already struggling to survive in the
Little Thompson River Basin would be tremendous.
It's surprising to me that Johnstown, Berthoud and Milliken would allow UFI FEEDING LLC, a
Platteville company, to come in and build such a facility in their backyard. To them, it's an "out
of sight, out of mind" venture which would not affect them negatively. I'm sure they will collect
revenue, so it's a "win -win" for them.
With the above in mind, I urge all involved to reconsider the present location and build a rec
center in another location (possibly near the Johnstown library or somewhere within walking
distance for town residents) where more people would be inclined to use it,
Sincerely,
EXHIBIT
Michelle Martin
From:
Sent:
To:
Subject:
Wendy OBrien [wendyobrien65@yahoo.com]
Monday, May 27, 2013 6:22 PM
Michelle Martin
Use by Special Review Permit (USR13-0014)
Weld County Board of County Commissioners
Weld County Planning Services
1555 North 17th Avenue
Greeley, CO 80631
John and Wendy O'Brien
20477 Nolina Court
Johnstown, CO 80534
Dear Commissioner:
We are writing to support the application for a Use by Special Review Permit for a gymnasium and baseball facility (USR13-0014).
Our two sons, ages 9 and 12, have played baseball in the Johnstown -Milliken area since they were five years old. Year-round
practice/training facilities in the Johnstown -Milliken area are few, which significantly constrains opportunities for practice during the late
fall/winter/early spring months. Furthermore, the demand for use of existing facilities is very high, which even more severely limits
access. Additionally, those facilities that may be available do not have the space, equipment, etc., to allow appropriate training.
Existing facilities in our area are not sufficient, nor are there enough of them, to provide the types of training opportunities necessary for
youth baseball teams. Because of these limitations, throughout the years we have had to travel to other cities (e g., Longmont,
Loveland, Fort Collins, Greeley) for practices and skills development clinics.
Importantly, as our boys have developed the baseball skills necessary to play at the competitive level, playing baseball has also taught
them personal qualities such as teamwork, perseverance, and sportsmanship. For our family, baseball has played an important part in
not just our sons' athletic development, but in the development of their personal integrity as well.
We have known the Beall family for four years. They are an exceptional family that shares their passion for baseball and gymnastics
with many in our community.
Denying the application referenced above will make it more difficult for our family to pursue our passion for baseball. Please approve
the application so that we have a place to play baseball.
Sincerely.
John and Wendy O'Brien
1
RECEIVED
Weld County Planning Department
Re: USR13-0014
To whom it may concern,
MAY 2 �nf�
May 23, 20kild County r r,;ni.ig Nparttt it
GREELEY OFFICE
While the idea of providing the youth of Johnstown with a new updated recreation area is in itself a
good (albeit unnecessary) idea, I protest the location chosen. The rural location is a quiet, sparsely
populated area, with a small stream (Little Thompson River) abutting the southern border. These
qualities make it a livable place for a diminishing wildlife population. A brightly -lit, noisy and heavily -
visited addition to the tranquil countryside will hasten their departure from our lives.
Besides the intrusion on the wildlife, the sports field and gymnasium will burden the local populace for
several miles around. The traffic, noise and lights, which will be present until as late as 11pm, will
diminish the quality of life for all those living in the immediate area and beyond.
In response to question #4 in the USR Questionnaire the party requesting the zone change said that "the
proposed use is similar to the low intensity, urban adjacent uses which surround the site and will exist in
harmony with those uses". It is not "similar" and will not "exist in harmony". It will be disruptive and
foster later unwelcome development. I strongly recommend a site closer to town and preferably
between the towns of Johnstown and Milliken.
Thank you for your attention to our concerns,
John Konz
20680 Staghorn Ct.
Johnstown, CO 80534
RECEIVED
REFERENCE - USR13-0014
MAY 2 q,nnn
Weld County r'lanning Department
GREELEY OFFICE
I would like to request that this proposal be DENIED. I have carefully reviewed the proposal and I do not
feel that it is an appropriate activity for a rural setting. While I understand that Mr. Beall owns the
property and would like to have these activities occur there, it will be very disruptive for his neighbors.
The proposal states approximately 250 cars per day will be traveling to the facility. I don't know how
many cars travel this dirt road now (County Road 46), but 1 suspect that this will increase traffic by well
over 50 percent. The additional cars will cause noise, create dust, and the road will suffer from "wash
board". Also, with additional people, it is inevitable that littering will occur. Who will be picking that up
from the side of the road?
I was not able to determine from the proposal, but will tournaments also be held there? If so, this will
result in additional traffic, not only on County Road 46, but also on County Road 13. As this process
moves on, the proposal also calls for a baseball field. If it is also going to be used during the hours
stated in the proposal, lighting is going to be required. This will also detract from our quiet way of life.
People live in this area because they the love peace and quiet. This project will have a huge negative
impact on the neighbors surrounding Mr. Beall's property. While I am sure that he believes that it is his
property and he can do as pleases, he knew when he purchased this property that it was in an
agricultural area. If he wants to create some great sports complex, this is not the appropriate place.
Our way of life, peace and quiet, should not be impacted by Mr. Beall. Johnstown has a recreation
program that offers these same services and for some reason Mr. Beall desires to compete with these
services. It is not known why he feels this facility is necessary, but perhaps he should work with
Johnstown, and purchase land in the city limits for this project and not impact our way life.
KERR-MCGEE OIL & GAS ONSHORE LP 1099 18"' STREET, SUITE 1800 • DENVER, COLORADO 80202
Ke rrAlt"Gee
May 30, 2013
Via e-mail and federal express
Michelle Martin
Weld County Planning Department
1555 North 17th Avenue
Greeley, Colorado 80631
Re: UFI Feeding, LLC
USR 13-0014/ Site Specific Development Plan and Use by Special Review
Township 4 North, Range 68 West
Section 13: NE/4 (approximately 122 acres)
Weld County, Colorado
Dear Michelle:
Weld County has received an application for a site specific development plan and use
by special review permit from UFI Feeding, LLC for the property referenced above in Weld
County ("Property"). We understand that the purpose of the application is for approval to
construct a gymnastics facility, residence and associated parking on the Property with possible
future development for baseball fields, among other things.
Please find enclosed a letter dated May 30, 2013 entitled "Notice of Oil and Gas
Interests owned by Kerr-McGee Oil & Gas Onshore LP and Objection" which we ask that you
provide to the Planning Commission and the Board of County Commissioners to be made a
part of the record in the proceedings.
Kerr-McGee Oil & Gas Onshore LP ("Kerr-McGee") owns oil and gas interests and oil
and gas leasehold interests in the Property and operates three oil and gas wells on the Property.
Please send notices of future hearings on applications filed in connection with this
matter pursuant to C.R.S. § 31-23-215, C.R.S. § 24-6-402 (7) and C.R.S. § 24-65.5-101, et.
seq. to Kerr-McGee as follows:
Kerr-McGee Oil & Gas Onshore LP
1099 18`' Street, Suite 1800
Denver, Colorado 80202
EXHIBIT
5-
A SUBSIDIARY OF ANADARKO PETROLEUM CORPORATION
Thank you for your consideration in this matter. If you have any questions, please call
me.
Very truly yours,
ustin Shoulders
Enclosure
cc: Jeff Fiske, Esq.
Molly Buchanan, Esq.
Dave Haertel
Glen Czaplewski/AGPROfessionals (for Applicant)
KERR-MCGEE OIL & GAS ONSHORE LP
Via e-mail and federal express
Members of the Board of County
Commissioners for Weld County
1555 North 17th Avenue
Greeley, Colorado 80631
1099 18'" STREET, SUITE 1800 • DENVER, COLORADO 80202
Kerr/VtGee
May 30, 2013
Members of the Planning
Commission for Weld County
1555 North 17th Avenue
Greeley, Colorado 80631
NOTICE OF OIL AND GAS INTERESTS OWNED BY KERR-McGEE OIL & GAS
ONSHORE LP AND OBJECTION
Re: UFI Feeding, LLC
USR 13-0014/ Site Specific Development Plan and Use by Special Review
Township 4 North, Range 68 West
Scction 13: NE/4 (approximately 122 acres)
Weld County, Colorado
Ladies and Gentlemen:
This objection and notice letter is submitted to Weld County on behalf of Kerr-McGee
Oil & Gas Onshore LP ("Kerr-McGee") with respect to the application for a site specific
development plan and use by special review permit that has been submitted for approval to the
County by UFI Feeding, LLC ("Applicant") for property consisting of approximately 122 acres
in the NE/4 of Section 13, Township 4 North, Range 68 West in Weld County ("Property").
We understand that the purpose of the application is for approval to construct a gymnastics
facility, residence and associated parking on the Property with possible future development for
baseball fields, among other things.
The following are comments in support of this Notice and Objection:
1. The Oil and Gas Interests Owned by Kerr-McGee.
Kerr-McGee owns the oil and gas that underlies the Property, and it also owns oil and
gas leasehold interests for the Property. Kerr-McGee operates three oil and gas wells with
associated production facilities on the Property, one well in the center of the NE/4, another in
the NW/4NE/4 and a third in the SW/4NE/4. Kerr-McGee has rights to drill additional wells on
the Property to further develop its oil and gas leasehold interests, including the right to develop
the oil and gas from the undrilled drilling window in the NE/4NF,/4.
A SUBSIDIARY OF ANADARKO PETROLEUM CORPORATION
2. There is Clear Statutory Authority and Direction for the County to Take Into Account
the Rights of Oil and Gas Interest Owners in Its Consideration of Applications for
Development.
The State of Colorado recognizes the important rights of mineral owners and lessees in
C.R.S. § 30-28-133(10) which states and acknowledges that both the mineral estate and the
surface estate are interests in land and that the two interests are "separate and distinct." The
subsection specifically recognizes that the owners of subsurface mineral interests and their
lessees have "the same rights and privileges as surface owners."
3. Owners of Split Estates Must Exercise Their Rights in a Way that Gives Due Regard to
the Rights of the Other.
Colorado law provides that the mineral owner has the right of reasonable access to and
use of the surface estate to extract minerals and that the mineral estate owner and the surface
estate owner are to give due regard to the rights of the other and reasonably accommodate each
other's rights.
Kerr-McGee's oil and gas interests and oil and gas leasehold interests have significant
value and consequently it is concerned that the approval by the County of an application for
development and the subsequent build -out of the Property may impair its ability to operate
existing wells and facilities and to further develop the oil and gas that underlies the Property.
4. Kerr-McGee Wishes to Protect its Valuable Assets and provide for the Joint Use of the
Property for Potentially Conflicting Surface Uses.
Kerr-McGee has ongoing operations on the Property and will have future operations on
the Property that could include, drilling, re -drilling, deepening, recompleting, fracturing and re -
fracturing wells and the maintenance and servicing of wells and equipment. Drilling and
subsequent well operations may take place on a continuous basis over several days with the use
of heavy equipment that may require the coordination of the use of portions of the Property at
given times.
Any future surface development plans approved by the County should reflect the
locations of existing wells, production facilities and pipeline easements with adequate setbacks
and provide protection for future wells, pipelines, gathering lines and related oil and gas
facilities and equipment. Approval of any surface development plan that forecloses the rights
of the owners of the oil and gas interests may be a compensable taking.
5. Kerr McGee Objects to the Application in the Absence of an Agreement.
Kerr-McGee has extensive oil and gas interests throughout the State of Colorado and
has successfully worked with many parties who wish to develop the surface estate in order to
assure the compatible development of the surface estate and the oil and gas estate.
The practice of Kerr-McGee is to meet with surface owners to reach a mutually
acceptable agreement. Kerr-McGee has initiated discussions with the Applicant; however, no
agreement has been reached. Because no agreement has been reached, and in order to protect
its oil and gas interests and private property rights, Kerr-McGee objects to the approval of a
final application for development for the Property in the absence of an agreement.
Very truly yours,
l`
Justin Shoulders
cc: Jeff Fiske, Esq.
Molly Buchanan, Esq.
Dave Haertel
Glenn Czaplewski/AGPROfessionals (for Applicant)
AG P RO fe s s io n a is, LLC
DEVELOPERS OF AGRICULTURE
May 28, 2013
Michelle Martin
Weld County Planning Services
1555 N 17th Ave
Greeley, CO 80631
RE: Beall Sports Complex Public Meetings and Referrals
AGPRO Project # 1229-03
Dear Michelle:
This letter is written in response to the referrals and public comment you have received
regarding the application for USR13-0014.
On May 4, 2013 my client hosted a public meeting for neighboring property owners.
Invitations were sent to all property owners within 500 feet of the properties covered by
the proposed USR. In addition to my client and his family, approximately 15 people
attended and two principal concerns were raised. First, many were concerned about
potential lighting on the proposed baseball diamonds. No such lighting is proposed as
part of this application. All facilities are for practice in nature and will not be used for
competition
The second major concern surrounded the general condition of Weld County Road 46,
particularly the intersection of Weld County Road 46 and 13, where drainage is an issue.
At this point no additional improvements are proposed.
It was also raised by the tenants renting a home across WCR 46 from the faculty that
lights may be shining into their home from our proposed access. As a result, we are
proposing shifting our access from the current location to the access located on the SE lot
immediately to the east.
Very truly yours,
Glen Czaplewski
Planner
ENGINEERING, SURVEYING, PLANNING & CONSULTING
4350 Highway 66 - Longmont, CO 80504
970.535.9318 / office 970.535.9854 / fax www.agpros.com
EXHIBIT
1
MEMORANDUM
WI�Y�COLORADO
TO: Planning Commission
DATE June 4, 2013
FROM Michelle Martin J
SUBJECT: USR13-0014
Add the following condition:
1. F. The applicant shall either submit a copy of an agreement with the property's mineral
owner/operators stipulating that the oil and gas activities have been adequately incorporated into the
design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of
the mineral owner/operators. Drill envelopes can be delineated on the plat in accordance with the State
requirements as an attempt to mitigate concerns. The plat shall be amended to include any possible
future drilling sites. (Department of Planning Services)
Then renumber accordingly
KERR-MCGEE OIL & GAS ONSHORE LP 1099 18" STREET, SUITE 1800 • DENVER, COLORADO 80202
*-'r ,rAlt-Gee
June 4, 2013
Via e-mail and federal express
Michelle Martin
Weld County Planning Department
1555 North 17th Avenue
Greeley, Colorado 80631
WITHDRAWAL OF OBJECTION OF KERR-McGEE OIL & GAS ONSHORE LP
Re: UFI Feeding, LLC
USR 13-0014/ Site Specific Development Plan and Use by Special Review
Township 4 North, Range 68 West
Section 13: NE/4 (approximately 122 acres)
Weld County, Colorado
Ladies and Gentlemen:
Kerr-McGee Oil & Gas Onshore LP ("Kerr-McGee") submitted an objection and notice
letter to Weld County dated May 30, 2013 ("Objection Letter") entitled "Notice of Oil and Gas
Interests Owned by Kerr-McGee Oil & Gas Onshore LP and Objection" with respect to the
application for a site specific development plan and use by special review permit that has been
submitted for approval to the County by UFI Feeding, LLC ("Applicant") for property
consisting of approximately 122 acres in the NE/4 of Section 13, Township 4 North, Range 68
West in Weld County ("Property").
Since the time that Kerr-McGee submitted the Objection Letter to the County, the
Applicant, at the request of Kerr-McGee, has submitted a revised site plan for the Application
that depicts the Colorado Oil and Gas Conservation Commission ("COGCC")
drilling windows as described in COGCC Rule 318 A a., a copy of the revised site plan being
enclosed for your ready reference.
In that the revised site plan depicts the locations of existing oil and gas wells,
production facilities, pipeline easements, access roads and the COGCC drilling windows, Kerr-
McGee hereby withdraws its objection to the Application.
Kerr-McGee nevertheless continues to assert its ongoing rights to explore for and
produce the oil and gas underlying the Property in accordance with its leasehold rights and
rules and regulations of the COGCC and the County and to drill additional wells on the
Property to further develop its oil and gas leasehold interests, including, but not limited to, the
A SUBSIDIARY OF ANADARKO PETROLEU
EXHIBIT
right to develop the oil and gas from the undrilled drilling window in the NE/4NE/4.
Please provide a copy of this letter to the members of the Planning Commission and the
Board of County Commissioners. I'd be happy to answer any questions.
Very truly yours,
Justin Shoulders
cc: Jeff Fiske, Esq.
Molly Buchanan, Esq.
Dave Haertel
Glenn Czaplewski/AGPROfessionals (for Applicant)
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