HomeMy WebLinkAbout20090548.tiffRESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST JAMES WARNER FOR VIOLATION OF THE WELD COUNTY CODE
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, James Warner is allegedly in violation of the Weld County Code, and
WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has
not been corrected, and
WHEREAS, on the 4th day of March, 2009, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, James Warner, property owner(s), was present at said hearing, and
WHEREAS, the Board of County Commissioners deems it advisable to refer said violation
to the Weld County Attorney's Office for legal action, with an instruction for delay of action upon
such referral until March 14, 2009, to allow adequate time for the property owner(s) to bring the
subject property into compliance and for an inspection of the property by the Department of
Planning Services staff.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the matter be, and hereby is, referred to the Weld County Attorney's Office
for legal action against James Warner to remedy the violation of the Weld County Code, and any
other persons occupying the properties, any persons claiming an interest in the properties, and any
persons acting in active concert with the identified parties, with an instruction for delay of action
upon such referral until March 14, 2009, to allow adequate time for the property owner(s) to bring
the subject property into compliance.
2009-0548
D�
VIOLATIONS - JAMES WARNER
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 4th day of March, A.D., 2009.
ATTEST:
Weld County Clerk to th
BY
Deputy Clerk t. the Board
APP
bun y Attorney
Date of signature. csg
David E. Long
J
BOARD OF COUNLLY COMMISSIONERS
WELD OUTY,
ORADO
William F. Garcia hair I^ "
V hoc I 9rt)`c?C e'r-sik
ouglas ademac er, Pro-Tem
SeaP. Conway
arbara Kirkmeyer
2009-0548
PL1929
Case Summary
BASIC INFORMATION
WARNER JAMES M 6239 CR 36 PLATTEVILLE, CO 80651
.Situs Address: 23610 CR 3
Legal: PT NW4 5-4-68 LOT D REC EXEMPT RE -3983 (10D2.96R)
Location: South of and adjacent to Hwy 60 and east of and adjacent to CR 3
North
South
East
West
Parcel Number:
CASE HISTORY
April 14, 2006
April 25, 2006
July 3, 2006
July 12, 2006
July 12, 2006
February 12, 2007
February 28, 2007
March 5, 2007
March 9, 2007
March 9, 2007
April 2, 2007
April 10, 2007
April 11, 2007
April 11, 2007
April 16, 2007
April 26, 2007
May 2, 2007
Larimer County
Agriculturally zoned properties
Agriculturally zoned properties & Las Haciendas
Subdivision
Agriculturally zoned properties & Garcia PUD and
Larimer County
106105200057-R3581205 Acreage: 119.66
Received a letter from Winters, Hellerich and Hughes, LLC
lodging a complaint.
Letter received from Hasler, Fonfara and Maxwell, LLP.
(representing Twin View Estates, LLC) denying any involvement.
Provided copy of letter to James M. Warner from March, Olive &
Pharris, LLC.
Letter, traffic count and pictures received from complainant.
Received another complaint from same complainant via e-mail.
Received another complaint from same complainant.
Received letter from March, Olive & Pharris, LLC advising we
would be called as witnesses to a Civil case (2006 CV 632).
I conducted an inspection of the property.
Kim Ogle inspected property — see pictures.
Kim Ogle forwarded pictures and e-mail to Randal Ferguson,
COGCC (Colorado Oil & Gas Conservation Commission).
Work Session with the Board of County Commissioners — Use of
Water tap deemed to be a Violation case.
Complaint.
Violation Hearing Notification letter sent via Certified Mail
((05/08/07)).
I called Ryan Warner (dba: Magpie).
Certified mail receipt received.
Office meeting between Monica Mika -Daniels, Trevor Jiricek,
Kim Ogle, David Bauer, Ryan Warner and I.
Use by Special Review application received.
-1-
2009-0548
Pt /9a9
May 3, 2007
May 9, 2007
October 10, 2007
April 25, 2008
April 29, 2008
May 6, 2008
May 6, 2008
May 20, 2008
May 23, 2008
May 30, 2008
June 2, 2008
June 6, 2008
June 6, 2008
June 9, 2008
August 14, 2008
August 19, 2008
August 22, 2008
August 22, 2008
October 1, 2008
November 17, 2008
November 21, 2008
November 21, 2008
Certified mail receipt received.
Referral for USR-1617 completed.
USR-1617 heard by the Board of County Commissioners. USR-
1617 denied by the Board.
Violation Hearing Notification letter sent via Certified Mail
((05/13/08)).
Received e-mail from Ryan Warner disputing violation allegations.
Received e -mailed letter from Ryan Warner explaining his
position.
Certified mail receipt received.
Received e -mailed pictures from complainant regarding vehicles at
property.
Received e -mailed description and pictures of vehicles and
equipment associated with Magpie Operations.
Letter sent to Magpie Operating Inc and complainant explaining
the staff's reasons for closing the violation case (VI -0700110).
Received complaint and a picture from same complainant via e-
mail. Violation initiated (ZCV08-00137).
Received e-mail from Ryan Warner advising the picture was that
of one of the oil trucks (Plains Marketing) which comes to the site
to remove the oil from the oil tank.
Advised complainant of Use by Right (23-3-20.I), but they could
attend any Monday or Wednesday hearing at 9:00 AM to discuss
any non -agenda topic with the Board.
Received faxed copy of receipt from oil company. Violation
Closed as No Violation (ZCV08-00137).
Richard Deakins conducted an on going inspection of the property
from 08:37 AM until 11:30 AM — No activity.
Thomas Honn conducted an inspection of the property at
approximately 3:30 PM — No activity.
Kim Ogle conducted an on going inspection of the property from
0647 AM until 07:30 AM — No activity.
Kim Ogle returned to the property at 11:08 and conducted another
inspection — No activity.
Thomas Honn sent a separate letter to Stewart W. Olive, Esq
regarding staff's previous determination made back in May of
2008.
Ryan Warner e -mailed to notify us that his company was in the
process of conducting a single Frac Job; therefore, they would be
hauling water over the next few days. He did mention verbally
they would be using A & W Water trucks to decrease the number
of necessary trips to the property.
Ryan Warner e -mailed to notify us that they had just finished the
Frac and estimated they had 36 trips.
Richard Deakins conducted an on going inspection of the property
from 08:27 AM until 11:27 AM — No activity.
-2-
November 24, 2008
November 25, 2008
November 25, 2008
December 16, 2008
December 30, 2008
December 30, 2008
January 9, 2009
January 19, 2009
January 20, 2009
January 24, 2009
January 29, 2009
January 29, 2009
February 4, 2009
February 7, 2009
February 12, 2009
February 21, 2009
Ryan Warner e -mailed to notify us that his company was in the
process of drilling a well and would be again having water hauled
off this site.
Kim Ogle and I called Ryan Warner and advised him that Thomas
Honn's letter dated October 1, 2008 stated that the vehicles being
utilized to haul water off this site would only be Magpie trucks (no
outside vehicles). Ryan stated he was never provided a copy of the
letter and stated they would only utilize their trucks.
Thomas Honn's letter dated October 1, 2008 was faxed to Ryan
Warner.
The Board of Adjustments held a hearing. They disagreed with
staffs determination referenced in the letter dated May 30, 2008
from Bethany Salzman and again on October 1, 2008 from Thomas
Honn.
Staff received a phone call indicating that the tap was being
utilized.
Kim Ogle conducted an on going inspection of the property from
1:29 PM until 3:00 PM — No activity.
Thomas Honn conducted an inspection of the property at
approximately 8:00 AM — No activity.
Bethany Salzman conducted an inspection of the property at
approximately 12:00 PM — No activity.
Thomas Honn conducted an inspection of the property at
approximately 9:30 AM — No activity.
Thomas Honn conducted an inspection of the property at
approximately 9:00 AM — No activity.
Thomas Honn and County Attorney's Office received a letter from
March, Olive & Pharris, LLC.
Advised by County Attorney's Office a Violation Hearing would
be conducted on March 4, 2009 at 9:00 AM.
Jacqueline Hatch, Planner conducted an inspection at
approximately 1:15 PM — No activity.
Thomas Honn conducted an inspection of the property at
approximately 9:00 AM — No activity.
Bethany Salzman conducted an inspection at approximately 11:24
AM — No activity.
Thomas Honn conducted an inspection of the property at
approximately 12:00 PM — No activity.
-3-
SITE INSPECTION CERTIFICATE
I, RICK DEAKINS, PERFORMED A SITE INSEPCTION ON A TRACT OF LAND
IDENTIFIED AS LOT D OF RE -3983; LOCATED IN THE NW4 OF SECTION 5,
T4N, R68W OF THE 6TH PM, WELD COUNTY, COLORADO, SPECIFICALLY
LOCATED EAST OF AND ADJACENT TO COUNTY ROAD 3 AND SOUTH OF
AND ADJACENT TO STATE HIGHWAY 60.
THIS FIELD INSPECTION WAS CONDUCTED ON FRIDAY AUGUST 14, 2008
BETWEEN THE HOURS OF 8:37AM AND 11:30AM.
VISUAL INSPECTION AND MONITORING OF THE SUBJECT PROPERTY
IDENTIFIED NO TRUCK TRAFFIC TO THE PROPERTY. VISUAL
INSPECTION OF THE PROPERTY IDENTIFIED NO RECENT TRUCK
ACTIVITY.
THE WEATHER CONDITIONS AT TIME OF VISIT WAS LIGHTLY RAINING.
I, RICK DEAKINS, HEREBY CERTIFY UNDER PENALTIES OF PERJURY
THAT THE SITE INSPECTION AND STATEMENTS PROVIDED WAS
COMPLETE I 7\IS IDFNTIFIED HEREIN.
RICK DEAKINS
Name of Person Performing Site Inspection
Signature of Person Performing Site
Inspection
STATE OF COLORADO
) ss.
COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me th
WITNESS my hand and official seal.
Notary Public
1014 Jo
My Commission Expires:
ay of AUGUST, 2008.
BILLIE J. MOORE
i NOTARY PUBLIC
STATE OF COLORADO
SITE INSPECTION CERTIFICATE
I, KIM OGLE, PERFORMED A SITE INSEPCTION ON A TRACT OF LAND
IDENTIFIED AS LOT D OF RE -3983; LOCATED IN THE NW4 OF SECTION 5,
T4N, R68W OF THE 6TH PM, WELD COUNTY, COLORADO, SPECIFICALLY
LOCATED EAST OF AND ADJACENT TO COUNTY ROAD 3 AND SOUTH OF
AND ADJACENT TO STATE HIGHWAY 60.
THIS FIELD INSPECTION WAS CONDUCTED ON FRIDAY AUGUST 22, 2008
BETWEEN THE HOURS OF 6:47AM AND 7:30AM., THEN AGAIN AT 11:08AM.
VISUAL INSPECTION AND MONITORING OF THE SUBJECT PROPERTY
IDENTIFIED NO TRUCK TRAFFIC TO THE PROPERTY. VISUAL
INSPECTION OF THE PROPERTY IDENTIFIED NO RECENT TRUCK
ACTIVITY.
THE WEATHER CONDITIONS AT TIME OF VISIT WAS SUNNY AND CLEAR.
I, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT
THE SITE INSPECTION AND STATEMENTS PROVIDED WAS COMPLETED
AS IDENTIFIED HEREIN.
KIM OGLE
Name of Person Performing Site Inspection
Sigrfa'tura of Person Performing Site
Inspection
STATE OF COLORADO
ss.
COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me this Alay of AUGUST, 2008.
WITNESS my hand and official seal.
1OID4 a
BILLIE J. MOORE
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires
at'
IIIIDc
COLORADO
TO:
DATE:
FROM:
SUBJECT:
MEMORANDUM
Bethany Salzman, Compliance
February 25, 2009
Kim Ogle, Planning Services
Site Inspection of Property
CR 3 at SH 60, SE Quarter
Property Owner James M. Warner
Legal: Lot D, RE 3983 being part of the NW4,
Section 5, Township 4 North, Range 68 West of the 6th P.M.
Parcel No. 1061-05-2-00-057
Acres 110.01 +!-
Zoning: Agricultural
Permits: No land use or building permits of record
On August 22, 2008, Ogle performed a stationary site inspection of the property and found no
evidence of the facility recently utilized. Ogle parked his personal vehicle on the ditch access
road south of the property approximately 0.5 miles. Approximate time of day: 647AM until
730AM, and again as a drive -by site inspection at 1108AM. On both visits no activity witnessed.
On December 30, 2008 Ogle performed a drive -by site inspection of the property and found no
evidence of the facility recently utilized. Ogle parked the County Planning vehicle on the ditch
access road south of the property approximately 0.5 miles. Approximate time of day: 130PM
until 300PM. Ogle found no evidence of the facility recently utilized.
On February 7, 2009 Ogle performed a drive -by site inspection of the property and found no
evidence of the facility recently utilized. Approximate time of day: Twelve o'clock, Noon.
On February 26, 2009 Ogle performed a drive -by site inspection of the property and found no
evidence of the facility recently utilized. Approximate time of day: 1045AM and 1105AM
I Jacqueline Ilatch conducted a site visit at CR 3 and Hwy 60 on Wednesday, February 4,
2009 at approximately 1:15 pm and did not observe any activity.
MEMORANDUM
far; To: Warner File January 19, 2009
From: Bethany Salzman, Zoning Compliance Officer, Dept. of Planning Services
Wi`pC Subject: Inspection Results
COLORADO
On January 19, 2009, I, Bethany Salzman, Zoning Compliance Officer II, conducted a visual inspection of the
property from CR 3 at around 2:30 in the afternoon of the 19th of January, 2009. I did not see any Commercial
Vehicles or tanker trucks in the vicinity or on the property.
SERVICE. TEAMWORK. INTEGRITY, QUALITY
Bethany Salzman
From:
Sent:
To:
Cc:
Subject:
Attachments:
Kim Ogle
Tuesday, December 30, 2008 9:18 PM
Thomas Honn
Bethany Salzman; Chris Gathman
RE: Roger Kenney
Kenney Site visit 12-30-2008.doc; 123008 by Kim Ogle 006.jpg; 123008 by Kim Ogle 004.jpg;
123008 by Kim Ogle 005.jpg
Kenney Site 123008 by 123008 by 123008 by
t 12-30-2008.Dgle 006.jpg Ogle 004.jpg Ogle 005.jpg
Tom
Here are my findings of the field investigation of the Magpie Operating facility
Original Message
From: Thomas Honn
Sent: Tuesday, December 30, 2008 9:51 AM
To: Kim Ogle
Subject: FW: Roger Kenney
I suppose we need to find out who is at the taps.
Tom
Original Message
From: Kristine Smith [mailto:kristine@olivelaw.com)
Sent: Tuesday, December 30, 2008 9:44 AM
To: Bethany Salzman; Thomas Honn
Cc: Stewart Olive; Roger Kenney
Subject: Roger Kenney
Mr. Honn and Ms. Salzman:
Please see below an email I just received from Mr. Kenney. We would like a response at
your earliest convenience. Thank you.
Kristine Smith, CLA
Certified Paralegal
March, Olive & Pharris, LLC
110 E. Oak Street, Suite 200
Fort Collins, CO 80525
(970) 484-3990
(970) 482-5719 fax
This electronic message transmission contains information from the law firm of March,
Olive & Pharris, LLC, which may be confidential or privileged. The information is intended
to be for the use of the individual or entity named above. If you are not the intended
recipient, be aware that any disclosure, copying, distribution or use of the contents of
this information is prohibited. If you have received this electronic transmission in
error, please notify us by telephone (970-484-3990) or by electronic mail
(kristine@olivelaw.com) immediately.
1
From: Roger Kenney [mailto:ra..akenneyarch.com]
Sent: Tuesday, December 30, 2008 9:19 AM
To: Kristine Smith
Subject: Warner
Water trucks are still using the tap.
2
ieer
WIDc
COLORADO
MEMORANDUM
TO: Case File: Magpie Operating LLC
DATE: December 30, 2008
FROM: Kim Ogle, Planning Services
SUBJECT: Use of Little Thompson Commercial Water Tap
County Road 3 (East) at State Highway 60 (South)
Roger Kenney adjacent property owner to the west of the existing commercial water tap contacted his
attorney Stewart Olive of March, Olive & Pharris, LLC; 110 E. Oak Street, Suite 200; Fort Collins, CO on
Tuesday, December 30, 2008 9:19 AM stating that the referenced water tap was being utilized. Mr.
Kenney stated "Water trucks are still using the tap."
Planning Director and Building Official Honn suggested that staff complete a field investigation at their
earliest convenience.
Planner Ogle performed a site visit of the property noting no activity at 1:29PM Tuesday. Ogle took up a
position approximately 0.5 miles south of the commercial tap location on the ditch access road with a clear
line of sight of the facility.
There was no activity on site. Vehicular traffic on State Highway 60 was light. Two water trucks passed
on Highway, not slowing for any turning movements, and there was limited passenger traffic on State
Highway 60 and County Road 3.
A tawny brown colored pick-up truck visited a well head north of the property and east of the location
where Ogle was parked. The vehicle slowed on approach to the oil encumbrance, visited the wellhead and
returned to road right-of-way. The vehicle parked and did not move forward into the road's travel lanes.
Ogle exited the County vehicle and approached the tawny brown colored pick-up truck vehicle. Upon
approach, the vehicle entered the roadway and quickly sped to the North on CR 3 towards State Highway
60. Visual identification of the occupant(s) was inconclusive.
After this event Ogle circled the area travelling on LCR 13 and LCR 11 and County Roads 3, 5, and 46 in
a broad circular pattern. No further activity was witnessed.
Given the statements by Kenney, staff took three photographs of the tire tracks in and near the facility.
The photographs appear to be inconclusive to this planner.
Ogle departed the area at 3:00PM Tuesday December 30, 2008.
D
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RESOLUTION OF THE WELD COUNTY BOARD OF ADJUSTMENT
The Weld County Board of Adjustment convened on December 16, 2008, at 11:15 a.m., at the Weld
County Southwest Service Building, for the purpose of hearing the below -referenced appeal. Members
present and thereby constituting a quorum of the Board of Adjustment were: Bryant Gimlin, William
Hansen, Benjamin Hansford, Jerry Neff, and Bruce Fitzgerald.
Upon hearing testimony from Tom Honn, Director, Weld County Department of Planning Services;
Appellant, Roger Kenney, and his attorney, Stuart Olive; Richard Olona, outside council to Magpie
Operating, James and Ryan Warner; and members of the public; and upon considering all other facts and
arguments presented by the parties and the public, it was moved by Jerry Neff that the following
Resolution be introduced for passage by the Weld County Board of Adjustment. Motion seconded by
Bryant Gimlin.
Be it resolved by the Weld County Board of Adjustment that the following appeal, brought pursuant to
Weld County Code Sections 23-6-10 A. and 23-6-20, be granted for the reasons set forth below:
CASE NUMBER:
PLANNER:
APPLICANT:
LEGAL DESCRIPTION:
REQUEST:
LOCATION:
BOA -1054
Tom Honn
Roger Kenney
Lot D RE -3983 located in the NW4 Section 5, T4N, R68W of the 6`" P.M., Weld
County, Colorado.
An appeal of a decision of the Weld County Planning Department as written in a
letter dated Oct. 1, 2008, by Thomas E. Honn, Planning Director. The appeal
seeks to overturn a determination that permits, as a use -by -right, the filling of
trucks owned by Magpie Operating, Inc. ("Magpie'), from a water tap located on
the above -referenced property, which is owned by Mr. James Warner, where the
trucks then transport such water off -property to oil and gas well locations owned
by Magpie. The appeal argues that such use is not a Use -by -Right, but, rather,
requires the issuance of A Use -by -Special Review permit. The appeal was filed
within 30 days of the date of Mr. Honn's October 1, 2008, letter, and, therefore, is
in compliance with the time requirements of Section 23-6-20.
South of and adjacent to State Highway 60 and east of CR 3.
The decision of Mr. Honn, Planning Director, incorrectly interprets provisions of the Weld County Code.
Specifically, the filling of trucks owned by Magpie Operating, Inc. ("Magpie"), from a water tap located on
the above -referenced property, which is owned by Mr. James Warner, where the trucks then transport
such water off -property to oil and gas well locations owned by Magpie, is considered to be the use of "Oil
and Gas Support and Service," as that term is defined in Weld County Code Section 23-1-90, and
necessitates the issuance of a Use -by -Special Review permit in order to operate at that location, pursuant
to the requirements of Code Section 23-3-40 A.2., and Code Chapter 23, Article 3, Division 4.
VOTE:
For Passage Against Passage
Bryant Gimlin
William Hansen
Benjamin Hansford
Jerry Neff
Bruce Fitzgerald
The Chair declared the Resolution passed and ordered that a certified copy be forwarded with the file of
this case to serve as a permanent record of these proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Board of Adjustment, do hereby certify that
the above and foregoing Resolution is a true copy of the Resolution of the Board of Adjustment of Weld
County, Colorado, adopted on December 16, 2008, in the above -reference matter.
Dated the 16th of December, 2008.
Kristine Ranslem
Secretary
MINUTES OF THE WELD COUNTY BOARD OF ADJUSTMENT MEETING
Tuesday, December 16, 2008
A regular meeting of the Weld County Board of Adjustment was held on Tuesday, December 16, 2008, in the
Hearing Room of the Department of Planning Services, 4209 CR 25.5, Longmont, Colorado. The meeting
was called to order by Chair Bruce Fitzgerald at 11:15 a.m.
ROLL CALL ABSENT
Bruce Fitzgerald - Chair
Bryant Gimlin — Vice Chair
William Hansen
Erich Ehrlich
Anita Owens
Bill Hall
Benjamin Hansford
Jerry Neff
Bruce Fitzgerald wished to make a change to the November 18, 2008 minutes. He wished to add that
"Officers were elected by acclamation" after the nominations.
Benjamin Hansford motioned to approve the amended minutes of the last regular meeting of the Weld County
Board of Adjustment held on November 18, 2008, seconded by Bryant Gimlin. Motion carried.
Also Present: Tom Honn, Weld County Department of Planning; Bruce Barker, County Attorney; and Kristine
Ranslem, Secretary.
CASE NUMBER: BOA -1054
PLANNER: Tom Honn
APPLICANT: Roger Kenney
LEGAL DESCRIPTION: Lot D RE -3983 located in the NW4 Section 5, T4N, R68W of the 6`" P.M., Weld
County, Colorado.
REQUEST: An Appeal of a determination of the Weld County Planning Department as written in
a letter dated Oct. 1, 2008, by Thomas E. Honn, Planning Director. The appeal
seeks to overturn a determination that permits use of a water tap on the property for
exclusive use of Mr. Warner and Magpie Operating, Inc. because the use is for Oil
and Gas Support Service uses and should be only allowed as a Use by Special
Review.
LOCATION: South of and adjacent to State Highway 60 and east of CR 3.
Tom Honn, Planning Services, asked Bruce Barker, County Attorney, to clarify an item of confusion. In Mr.
Honn's staff report it indicates that it takes six (6) members of the Board of Adjustment to uphold an appellants
request to overturn an administrative decision. In the charter there was an amendment which had not been
codified yet in the code book. He deferred to Mr. Barker to explain what those changes are.
Bruce Barker, County Attorney, stated that three (3) years ago there was a change to the Weld County Home
Rule Charter that took the number of Board of Adjustment members from nine (9) down to five (5) detailing
how those members are appointed. It also states that with five members on the Board a quorum consists of
four (4); but for an appeal of an administrative decision, which is this case, you need the concurring vote of
four of those five members.
Mr. Honn stated that staff received a request from Mr. Warner to utilize the commercial water tap on this
particular property at some point after the date that the Board of County Commissioners did deny a Use by
Special Review for this site.
Staff had evaluated Mr. Warner's request of allowing the use of the commercial well but limiting it to his use
and his company (Magpie). Mr. Warner's request was that only his and his company's vehicles would be used
strictly for their wells. Staff felt that it was an allowed use within the Agricultural Zone District because oil and
gas activities are a use by right. He added that as long as it was limited to Mr. Warner and Magpie's use from
this property that it would be an allowed use within the agricultural zone district.
Staff then received a letter from Mr. Kenney, an adjacent land owner, requesting that the decision be taken to
the Board of Adjustment because he felt that it was still a commercial use under the code and that staff's
interpretation was not correct.
The basis of the appeal is made against the findings of staff that determined the oil and gas uses are allowed
by right and the water tap is located on the property of the owner. As long as it was operated under that
restricted condition, it was appropriate.
Mr. Honn stated that there are several comments in the packet which the board has received from Mr.
Kenney. They indicate that there are a variety of conditions which may well exceed what the normal
agricultural use on the property is, such as the business could potentially change hands or the business could
grow substantially and therefore the character of how the use would operate on the property would become
like a commercial operation that was ultimately denied by the Board of County Commissioners.
Bryant Gimlin asked if staff's decision would have been different if they knew that the water was going to be
used for more of a commercial use. Mr. Honn stated that staff concluded that it would not be allowed which
was a basis for going through the process of the Use by Special Review and was denied by the Board of
County Commissioners. He added that Mr. Warner's request came in subsequent to the denial of the Use by
Special Review and was based on a limited use. Staff evaluated his request and felt that it was appropriate
within the district.
Mr. Honn commented that there was recently a case on this particular property that although it was stated for
the use of the property owner he did contract with a commercial carrier to come in and take the water from the
site out to the oilfield. He added that Mr. Warner indicated that there would be fewer trips with larger vehicles
rather than many trips with his smaller vehicles that he owned. Mr. Honn said that staff responded to him that
it would not be acceptable under their interpretation and it was limited to their own equipment.
Mr. Gimlin asked that if indeed it was being used strictly for their own usage would intensity matter. Mr. Honn
said that staff's interpretation did not specify a limited number of vehicles owned by Mr. Warner.
Jerry Neff asked what the approximate difference in the volume of water with the Magpie trucks is versus the
semis. Mr. Gimlin clarified that according to information in their packets, Magpie's vacuum trucks hold about
70 barrels or approximately 2500 gallons and the semis hold approximately 8,000 gallons.
Mr. Neff asked where the source of the water comes from. Mr. Honn replied that it is supplied from the Little
Thompson Water District.
The Chair asked the applicant to give his comments.
Stewart Olive, 110 E Oak St., Ft. Collins CO. He commented that he is representing Roger Kenney and has
also been authorized to speak on behalf of Arthur Elmquist and Ted Schrage. Mr. Olive wished to provide a
little history of this site because the decision made today on this appeal will affect properties throughout Weld
County.
Mr. Olive indicated that Mr. Kenney's property is directly across from this site on County Road 3. The uses in
the past had created several problems. Mr. Olive entered into exhibits pictures of the property. He indicated
that large trucks owned by A&W Water Company accessed the property prior to any decisions whether this
use was even allowed. He reminded the Board that this property is zoned agricultural.
On April 11, 2007 this activity operated without a permit. The photo which he presented indicated the intensity
of the use when they were operating with semi trucks.
Mr. Olive showed in a photo the safety issues of the trucks entering State Highway 60 from County Road 3.
2
After April 11, 2007 upon receiving several complaints, the Planning Department said that Mr. Warner needed
to go through the Use by Special Review process. Mr. Olive stated that the water from this site was used for
oil and gas support services. He added that there is a 4 inch commercial water tap served by a 10 inch line
and will fill a semi truck in 20 minutes.
Mr. Olive stated that Mr. Warner filed a Use by Special Review application which requested to allow the use of
the commercial water tap to support off -site oil and gas facilities in an agricultural zoned district. He added
that there were many conditions which were attached with staff approval. It went before the Planning
Commission approximately one year ago and was voted down 6-1 for being incompatible with the surrounding
uses. He indicated that residential uses surround the property. The decision was then appealed to the Board
of County Commissioners. Staff had requested limits on the use to 10 trips per day as well as other attached
conditions. The Board of County Commissioners unanimously denied the application for failure to comply with
Section 23-2-230.B of the Weld County Code.
On May 6, 2008 Mr. Warner requested by letter that the Planning Department allow the use of the commercial
water tap for an offsite oil and gas operations belonging to Magpie. There was a violation hearing scheduled
for June 17, 2008 which was pulled by planning staff on May 30, 2008. At that time planning staff sent a letter
to Mr. Warner stating that it was determined that since Magpie owned the water tap that it had the allowed use
by right to use the water tap for support of its off -site oil and gas operations. The violation hearing was
cancelled and the case was closed.
On July 15, 2008, Mr. Olive sent a letter to the Planning Department which states that this is a problem and
wished to have this addressed. On October 1, 2008 he received the final letter stating that this use was
allowed in the agricultural zone. At that time they proceeded to appeal the Planning Department's decision.
While the appeal was pending, there were numerous A&W Water trucks who were utilizing the water tap.
Mr. Olive indicated that the water was being used for an oil and gas well fairly close by. He added that Mr.
Kenney followed one of the A&W trucks through Johnstown. From that point he stopped following the truck,
therefore they do not know where the truck was going. Again, during this appeal they were having the same
safety issues as before which were dust and noise. He indicated that the water was not being used for
agricultural purposes.
Mr. Olive reiterated that Section 23-3-20 states that it does not allow oil and gas support services as a use by
right in an agricultural zoned district. It was then approved by staff that there would be two small trucks coming
in and out and the next thing we know it is back to the numerous semis again. Mr. Olive expressed that this is
in direct violation of the wording in the county code itself.
Mr. Olive stated that they are asking members of the Board of Adjustment to require the Planning Department
to enforce the code rather than creating new rights under code.
Mr. Fitzgerald asked if County Road 18 is in Larimer County. Mr. Olive clarified that it is in Larimer County.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Richard Olona, outside council to Magpie Operating, James and Ryan Warner. He commented that he also
represents Magpie and James Warner in a lawsuit brought by Mr. Kenney.
Mr. Olona stated that upon denial of Magpie's application for the commercial water tap, Magpie completely
ceased the sale of water at that site. The initial ruling from the Planning Department limited the use of the
water to Magpie's own operations and they have complied with that at all times. He added that his client was
not aware of a letter sent by Mr. Honn to Mr. Olive which stated that it was also limited to Magpies' own trucks.
His client understood that it was for his own operations.
Mr. Olona said that he advised Mr. Olive that Magpie foresaw that there was a possibility that they would be
doing some limited drilling and/or fracking and that there might be a need for more barrels of water than can
be handled by the smaller trucks. He added that Magpie also contacted Bethany Salzman, Zoning
3
Compliance Officer, and gave her advance notice of bigger trucks coming in for a frack job a mile away from
the site. He advised Mr. Olive of the same situation. Mr. Olona stated that during this same time Magpie had
planned to drill its first well and a rig opened up and Magpie wished to jump on the availability. This drill was at
a property around Johnstown and he again advised Mr. Olive of this case. Mr. Olona stated that Magpie's use
for its own purposes and its operation was reasonable. He commented that it made good business sense to
use a larger truck and eliminate the number of trips necessary. There has been no sale of water and it has
been for Magpie's own purposes.
Mr. Olona commented that Mr. Kenney has the ability to pursue his claims as he is doing in Weld County
District Court and asked the Board of Adjustment to deny his application.
Mr. Fitzgerald asked how many wells Magpie operates. Mr. Olona said that they operate approximately 80
wells.
Mr. Fitzgerald asked if Magpie would be classified as an exploratory company. Mr. Olona replied that they are
an operating company.
Mr. Neff asked what the alternate source of water would have been had this tap not been available. Mr. Olona
commented that they would have had to purchase the water from A&W or another operator. He added that
Magpie does not have another water source available to them.
Mr. Gimlin clarified if this was a one time deal during the drilling of this one well. Mr. Olona replied yes.
Roger Kenney, 23955 CR 3. Mr. Kenney stated that he does have a pending lawsuit against Magpie and Mr.
Warner. He said that he has spent about two years trying to get the County to do something about this
problem and they were unwilling to do it.
Mr. Kenney purchased his property 16 years ago and at that time this water tap did not exist. Five years later
a large pile of dirt shows up with a water tap and then subsequently a parade of semi trucks are coming up
and down County Road 3 right next to his front door disturbing his quality of life.
Mr. Kenney expressed that he felt it had gone as far as it could go with the County Commissioners denying
Mr. Warner's application. He added that Mr. Warner could easily move this to another location.
Mr. Kenney commented that if the Board agrees with Mr. Honn this has far reaching consequences.
Artie Elmquist, 8724 1-25 Frontage Road East. He stated that his family owns the farm directly north of the
tank battery site. He added that their property is located in Larimer County and that they have been following
this case very closely. Mr. Elmquist is concerned about the impacts of these trucks.
Mr. Elmquist indicated that this water tap was previously installed at anther location and is interested to hear if
Mr. Olona could give them some background on that and why the decision was made to relocate the water tap
to this particular location.
Mr. Elmquist commented that he is lead plaintiff for a court case for which the royalty owners in that area had
to bring about against Magpie because they discovered they were being paid about 50% of the market price
for the natural gas being produced in that field. On December 1s` they were successfully awarded the
judgment and Magpie was asked to pay $1.245 million to correct that accounting mistake in the Larimer
County District Court. He added that it is important to recognize that Magpie does have a history of doing
some things which are questionable.
Mr. Elmquist asked how the adjacent property owners were notified as he was not notified by the Weld
County. He said that they received a call from a paralegal alerting them about this hearing. He added that he
is also curious of how many trucks per day Magpie anticipates loading water from this site.
Mr. Olona referred to Mr. Elmquist's question of why Magpie would move the tap. He stated that Magpie
4
purchased this property in 1998 and the tap was there. It is his understanding that the tap was in place at the
time Mr. Kenney moved in.
With regard to the lawsuit that Mr. Elmquist referred to this is a case where Magpie continued to pay royalties
to its royalty owners in the same manner that its predecessors had under a contract. There was some dispute
in this litigation as to whether that contract was still applicable. He added that the plaintiff's claims were far in
excess of what was the ultimately reached settlement. This was a dispute that has been resolved by Magpie
and to his understanding in a very agreeable way.
The Chair closed the public portion of the hearing.
Mr. Olive commented that the precedent of this is being set for the entire county. The code states that this is
only allowed by a special review and not by staff determination.
Bruce Barker, County Attorney, commented that administratively the requirement is that the appeal comes in
within 30 days of Mr. Honn's letter. Mr. Olive's letter did comply with that.
Mr. Fitzgerald referred to the comment that this would be precedent setting. Mr. Barker said that it is
precedent setting in the sense that if the same circumstances and facts arise and if you were to either uphold
or overturn Mr. Honn's decision. The next time this circumstance comes up planning staff will follow whatever
the Board decides, so in that sense it is precedent setting.
Mr. Gimlin said that it is either a use by right or its not. He added that what is not being disputed is that it is
being utilized as an oil and gas support service regardless of ownership.
Mr. Neff commented that he believes it sets a precedent. He feels that it is beyond the intention of what was
originally agreed to. Hauling water off -site does not fit and he can foresee that this can lead to abuse in the
future.
Mr. Hansford commented that for their own use and utilizing their own vehicles for a small operation he would
agree that it is a use by right. However, when the commercial carriers are hauling the water off -site for use it
muddies the water a little for him.
Mr. Hanson agreed with the members comments.
Jerry Neff moved to grant the appeal based on Paragraph E of Mr. Olive's letter which determines that the
department is erroneous and that the Warner property cannot be used for oil and gas support and that service
operations without a Special Review Permit.
Bryant Gimlin commented that he is in favor of granting the appeal; however he is not in favor of the motion as
it was made.
Jerry Neff amended his motion to grant the appeal and overturn the decision of Mr. Honn that the use does
require a Use by Special Review rather than a use by right, seconded by Bryant Gimlin.
The Chair asked the secretary to poll the members of the Board of Adjustment for their decision. Bill Hall,
absent; William Hansen, yes; Erich Ehrlich, absent; Benjamin Hansford, yes; Jerry Neff, yes; Anita Owens,
absent; Bryant Gimlin, yes; Bruce Fitzgerald, yes. Motion carried unanimously.
Meeting adjourned at 12:43 p.m.
Respectfully submitted,
Kristine Ranslem
Secretary
5
COLORADO
WELD COUNTY ATTORNEY'S OFFICE
915 TENTH STREET
P.O. BOX 758
GREELEY, CO 80632
WEBSITE: www.co.weld.co.us
PHONE: (970) 336-7235
FAX: (970) 352-0242
February 2, 2009
Richard G. Olona
Attorney at Law
7472 S. Shaffer lane, Suite 130
Littleton, Colorado 80127-1699
RE: Roger Kenney & James Warner
Dear Mr. Olona:
This letter is written to inform you of the forthcoming Weld County
Code land use violations hearing which is being scheduled before the
Board of County Commissioners of Weld County, Colorado.
I have enclosed a copy of the letter which was written to Mr. Warner
for your reference.
The matter will be heard by the Board on its regular business agenda,
which begins at 9:00 a.m. Based upon the information presented, the
Board will make a determination as to whether the matter should be
submitted to the Office of the Weld County Attorney for legal action.
If you have any questions, please call me at 970-356-4000 ext 4394.
Steph..ie L. ries
Assistant Weld County Attorney
Pc: B. Barker
T. Bonn
COLORADO
WELD COUNTY ATTORNEY'S OFFICE
915 TENTH STREET
P.O. BOX 758
GREELEY, CO 80632
WEBSITE: www.co.weld.co.us
PHONE: (970) 336-7235
FAX: (970) 352-0242
January 30, 2009
Magpie Operating, Inc.
James M. Warner
6239 County Road 36
Platteville, Colorado 80651
RE: Allegations of violations of Weld County Code
Dear Mr. Warner:
This letter is written to inform you that the Weld County Department of Planning
Services and the Office of the Weld County Attorney have received complaints that you
have violated the Order by the Weld County Board of Adjustment by utilizing your
commercial water tap for off site purposes.
Therefore, this matter is being set for a violations hearing before the Board of County
Commissioners of Weld County on March 4, 2009. At the hearing, Planning Services
staff will present the results of its inspections of the Warner property. The public will be
allowed to address the issue of whether a violation of the Weld County Code has
occurred.
The matter will be heard by the Board on its regular business agenda, which begins at
9:00 a.m. Based upon the information presented, the Board will make a determination as
to whether the matter should be submitted to the Office of the Weld County Attorney for
legal action.
Your
es
Assistant Weld County Attorney
Pc: B. Barker
T. Bonn
COLORADO
WELD COUNTY ATTORNEY'S OFFICE
915 TENTH STREET
P.O. BOX 758
GREELEY, CO 80632
WEBSTIE: www.co.weld.co.us
PHONE: (970) 336-7235
FAX: (970) 352-0242
Uanuary3-6;--200-9
Stewart W. Olive
March, Olive & Pharris, LLC
110 Oak Street, Suite 200
Fort Collins, Colorado 80524-2880
RE: Roger Kenney & James Warner
Dear Mr. Olive:
This letter is written in response to your correspondence of January
29, 2009.
Prior to the County's receipt of the January 29th letter, efforts were
already underway to schedule the matter for a violations hearing before
Board of County Commissioners of Weld County on March 4, 2009. At the
hearing, Planning Services staff will present the results of its
inspections of the warner property. The public will be allowed to
address the issue of whether a violation of the Weld County Code has
occurred.
The matter will be heard by the Board on its regular business agenda,
which begins at 9:00 a.m. Based upon the information presented, the
Board will make a determination as to whether the matter should be
submitted to the Office of the Weld County Attorney for legal action.
Yours truly,
Stephanie L. Arries
Assistant Weld County Attorney
Pc: B. Barker
T. Honn
MARCH, OLIVE & PHARRIS, LLC.
J. BRADFORD MARCH
STEWART W. OLIVE
JOHN W. PHARRIS
SARA K. STIEBEN
January 29, 2009
ATTORNEYS AND COUNSELORS AT LAW
110 E. OAK STREET, SUITE 200
FORT COLLINS, COLORADO 80524-2880
(970) 482-4322
Fax (970) 482-5719
Tom Honn
Weld County Planning and Zoning
918 10 Street
Greeley, CO 80631
Bruce Barker
Weld County Attorney
915 10th Street
Greeley, CO 80632
Stephanie Arries
Weld Ccunty Attorneys Office
915 10th Street
Greeley, CO 80632
Re: Richard Warner
ARTHUR E. MARCH
1908-1981
ARTHUR E. MARCH, 3R.
1933-2005
VIA O.S. MAIL, FACSIMILE & EMAIL
Dear Mr. Honn, Mr. Barker, and Ms. Arries:
This letter is in follow up to my telephone contacts with you
regarding the ongoing violations regarding the Warner property
located at the intersection of Highway 60 and County Road 3 which
is owned by James Warner. As you know, at the Board of
Adjustment Hearing on December 16, 2008, the Board of Adjustment
found the use of the commercial water tap located on the Warner
property constituted a violation of the applicable zoning rules.
Therefore Mr. Warner, his company and others are not allowed to
use the commercial water tap for off site purposes.
However, Mr. Warner is continuing, or allowing to be used, the
commercial water tap in clear violation of the Board of
Adjustment ruling. More than 30 days has passed since the Board
of Adjustment's ruling without an appeal being filed by Mr.
Warner. Therefore, the Board of Adjustment ruling stands and the
use of the commercial water tap is a clear violation of the
applicable zoning rules.
In my discussion with Ms. Arries yesterday, January 28t°, it was
mentioned that a potential violations hearing may be forthcoming
but that there appears to be a problem since no one from the
county has been able to observe the violations. This is
interesting since the violations are happening daily. Mr. Kenney
stands ready to testify regarding the ongoing violations, dates,
and times when he has personally observed water trucks filling
from the commercial water tap. Mr. Kenney has also taken
pictures which are date stamped evidencing the violations. We
will be happy to make the pictures available to you and Mr.
Kenney is willing to execute an affidavit regarding the
violations if you desire. I understand we will be able to
provide additional witnesses who can verify the violations
continue to occur.
I note that now the Weld County Planning Commission, the Board of
County Commissioners, and the Board of Adjustment have all ruled
against the use of the commercial water tap on the Warner
property for offsite purposes. Mr. Kenney has lived with the
ongoing violation located next to his property for several years.
This is an untenable, frustrating, and infuriating situation. It
appears that regardless of how many times Mr. Warner has been
told no as to the use of the commercial water tap he continues to
due what ever he pleases. This matter cannot continue.
Weld County has ample evidence available to it to prove the
existence of the violations and must proceed to deal with the
situation and punish Mr. Warner for the ongoing violations. An
appropriate punishment, in addition to fines and penalties, would
be to require the water tap removed from the Warner property,
thus assuring the problem does not continue.
This matter must be set for a violations hearing no later than
the March hearing date. If this is not done, Mr. Kenney will
have no choice but to initiate whatever legal actions are
necessary against not only Mr. Warner but also Weld County for
its refusal to enforce its own rules. Please contact me as soon
as practicable to discuss this matter so that we can reach a
solution.
Sincerely,
�v/G✓G?o
Stewart W. Olive
Attorney at Law
pc: client
order, decision or determination. A concurring vote
4 pok Ca
The property on which the use is conducted is immediately south of and adjacent to State
Highway 60 and immediately east of and adjacent to County Road 3. The owner of the property,
Mr. Warner has a company named magpie Operating Inc., which owns oil and gas wells in Weld
and Larimer Counties. There is a Little Thompson Water commercial water tap located on the
property, which is used by Magpie Operating, Inc. to service their oil wells. Earlier this past year,
a Use by Special Review was applied for and denied by the Board of County Commissioners
when the water tap was being used commercially for other than exclusive use by Magpie
Operating, Inc.
After the denial, Mr. Warner approached the County Planning Department to request a limited
use of the commercial water tap for the exclusive use by Magpie Operating, Inc., to service the
wells owned by them. The Planning Department issued the determination that if Mr. Warner
used the tap for the exclusive use of his company and only used company vehicles, that use
was considered allowed as a use by right. This determination was based on the fact that oil and
gas wells are allowed as a use by right in the Agricultural Zone District, and the tap was located
on property owned by the operator of those oil and gas wells.
The appeal is based on the fact that the water tap and service use is not a use by right but
should be considered as an Oil and Gas Support and Service operation and as such should be
only allowed as a Use by Special Review and a Use by Special Review for the use has been
denied. The Board of County Commissioners denied USR 1617 on February 29, 2008.
Department of Planning Services Recommendation
The request to overturn the staff determination is not recommended for approval. In his request,
the appellant raises points regarding the potential size of the use. The Planning Staff finds that
a variety of agricultural operations can fall into this circumstance. Many agricultural uses such
as farming occur on properties away from farm and ranch headquarters and require equipment
movement on roadways, or grain storage on properties other than where the product is
u h
COLORADO
MEMORANDUM
TO: Weld County Board of Adjustment
DATE: December 3, 2008
FROM: Thomas E. Honn, AICP, Planning Director
SUBJECT: BOA -1054 Appeal of an Administrative decision
APPELLANT: Roger Kenney
Roger Kenney has submitted an appeal to an administrative decision as made in a letter dated
October 1, 2008, which described certain activities as allowed by right on property adjacent to
Mr. Kenney's residence. The appeal is brought under the authority of Section 23-6-10 Powers
and Duties and Section 23-6-20 Appeals and Administrative Decisions.
The Board of Appeals may hear and decide Appeals from decisions concerning zoning issues
made by officials in the administration of Chapter 23 Z• •' • and may affirm, modify reverse the
in favor of any appellant on any Appeal. • six -tubers shall be required to decide t
NOTICE OF PUBLIC HEARING
The Weld County Board of Adjustment
will hold a public hearing on Tuesday,
December 16, 2008, at 11:00 a.m. for the
purpose of considering an Appeal of a
determination of the Weld County
Planning Department as written in a letter
dated Oct. 1, 2008, by Thomas E. Honn,
Planning Director. The appeal seeks to
overturn a determination that permits use
of a water tap on the property for
exclusive use of Mr. Warner and Magpie
Operating, Inc. because the use is for Oil
and Gas Support Service uses and
should be only allowed as a Use by
Special Review. The decision of the
Board of Adjustment may create a vested
property right pursuant to Colorado Law.
CASE NUMBER: BOA -1054
PLANNER: Tom Honn
APPLICANT: Roger Kenney
LEGAL DESCRIPTION: Lot D RE -3983
located in the NW4 Section 5, T4N.
R68W of the 6" P.M., Weld County,
Colorado.
LOCATION: South of and adjacent to
State Highway 60 and east of CR 3. For
a more precise location, see legal.
TYPE AND INTENSITY OF PROPOSED
USE: An Appeal of a determination of the
Weld County Planning Department as
written in a letter dated Oct. 1, 2008, by
Thomas E. Honn, Planning Director. The
appeal seeks to overturn a determination
that permits use of a water tap on the
property for exclusive use of Mr. Warner
and Magpie Operating, Inc. because the
use is for Oil and Gas Support Service
uses and should be only allowed as a
Use by Special Review.
The public hearing will be held in the
Hearing Room, Southwest Weld County
Department of Planning, 4209 CR 24.5,
Greeley, Colorado. Comments or
objections related to the above request
should be submitted in writing to the Weld
County Department of Planning, 918 10th
Street, Greeley, Colorado 80631, before
the above date or presented at the public
hearing on.
Copies of the application are available
for public inspection at the Weld County
Department of Planning, 918 10th Street.
Greeley, Colorado 80631.
Please call Kris Ranslem, at Phone #
(970) 353-6100, Ext. 3519, or Fax # (970)
304-6498, prior to the day of the hearing
so that reasonable accommodations can
be made if, in accordance with the
Americans with Disabilities Act, you
require special accommodations in order
to participate in this hearing as a result of
a disability."
Bruce Fitzgerald, Chair
Weld County Board of Adjustment
To be published in the Greeley Tribune.
To be published one (1) time by
December 5, 2008
BOARD OF ADJUSTMENT (BOA) APPLICATION
FOR PLANNING DEPARTMENT USE: DATE SUBMITTED
RECEIPT/AMOUNT # $ CASE # ASSIGNED
APPLICATION CHECKED PLANNER ASSIGNED TO CASE
APPEAL IS HEREBY MADE TO THE BOARD OF ADJUSTMENT OF THE COUNTY OF WELD FOR THE
FOLLOWING REASONS: (Check one)
151 Appeal administrative order, requirement, decision or refusal alleged to be in error. (Please note the Section
in Chapter 23 of the Weld County Code, which is subject to the disagreement): Section 23-3-20
❑ To interpret zone district boundaries.
• To grant a variance.
❑ To grant a variance within the Flood Hazard Overlay District.
Parcel Number 1 0 6 1 0 5. 2 - 0 0- 0 5 7
(12 digit number - found on Tax I.D. information, obtainable at the Weld County Assessor's Office, or www.co.weld.co.us.)
Legal Description NW 1/4 Section 5 , Township 4 North, Range 68 West
SURFACE FEE (PROPERTY) OWNERS OF PROPERTY FOR APPEAL OR VARIANCE:
APPELLANT ROGER KENNEY Phone 970-663-0548
Name
Address 23955 Counrty Road 3, Loveland, CO 80537
FAX E -Mail
NameLLEE JAMES M. WARNER Phone
Address 6239 County Rnad lF,, Plnttn..illr, CO 80651
FAX E -Mail '
Name Phone
Address E -Mail
FAX
APPLICANT OR AUTHORIZED AGENT (if different than above).
Name
Address
FAX E -Mail
I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with
or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners
of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must
be included with tplication. If a corporation is the fee owner, notarized evidence must be included indicating the
signato legal a .n •r the corporation.
�.- i7p °8
wner or Authorized Age Date Signature: Owner or Authorized Agent Date
Phone
BOARD OF ADJUSTMENT (BOA) SUBMITTAL CHECKLIST
APPLICATION REQUIREMENTS:
The Application requirements for an Appeal to the Board of Adjustment are found in Chapter 23, Article VI, Section
23-6-40 of the Weld County Code. The Weld County Code is available on-line at http://www.co.weld.co.us. (Quick
Link - Policies and Ordinances)
Please indicate the type of Appeal (check one) and provide the specific appeal information as well as the completed
application materials listed below.
X Appeals of Administrative Decision as explained in Section 23-6-20 of the Weld County Code
- A specific citation r the section the of Chapter and the rea reasons orthe
rational thelddisagreement,
by the appellant for written the
description of the grounds for the app
favored interpretation See letter dated October 31, 2008, attached hereto.
Appeals for Interpretation of Zone District Boundaries or Lot Lines as explained in Section 23-6-30 of the Weld
County Code
- Written and graphic materials serving as evidence sufficient to document the location of the zone
district boundary or LOT line alleged to be true and proper by the appellant
Appeal for Variance as explained in Section 23-6-40 A.2. through A.9. of the Weld County Code, to include:
One copy of affidavit and certified list of the names and addresses of surface owners within 500 feet of
property (form attached). The source of such list shall be assembled from the records of the Clerk and
Recorder, title or abstract company, an attorney or the Weld County Website, www.co.weld.co.us. The
affidavit and certified list shall be completed within thirty days of the application submission date.
Appeal for Variance within Flood Hazard Overlay District described in Section 23-6-50 A.2 through 17 of the
Weld County Code, to include:
One copy of affidavit and certified list of the names and addresses of surface owners within 500 feet of
property (form attached). The source of such list shall be assembled from the records of the Clerk and
Recorder, title or abstract company, an attorney or the Weld County Website, www.co.weld.co.us. The
affidavit and certified list shall be completed within thirty days of the application submission date.
All appeals listed above require the following:
One original copy of the application form (page 3) and all supporting documents, plus twenty-four copies of
the original application form and supporting documents for a total of twenty-five application packets
Any other relevant information which may be required by the Department of Planning Services
X
X Application Fee (page 2)
If applicable, an additional investigation fee shall be added to the cost of the permit application when specific
land, uses, buildings, manufactured homes, mobile homes, and structures that require a permit by the Weld
County Code are located, moved, operated, or constructed prior to obtaining a permit. The investigation fee
shall be an additional fifty percent of the established application fee, established by separate action by the
Board of County Commissioners for land -use applications. The payment of such investigation fee shall not
relieve any persons from fully complying with the requirements of the Weld County Code, nor from any other
penalties.
All copies shall be collated into complete application packets and bound with binder clips or paper clips only.
Any maps are to be folded to 8%" by 12" and included with each individual packet. Applications bound in
any other fashion may be returned to the applicant without review.
X
updated 06.15-2008
-1-
MARCH, OLIVE & PHARRIS, LLC.
J. BRADFORD MARCH
STEWART W. OLIVE
JOHN W. PHARRIS
ATTORNEYS AND COUNSELORS AT LAW
110 E. OAK STREET, SUITE 200
FORT COLLINS, COLORADO 80524-2880
(970) 482-4322
Fax (970)482-5719
ARTHUR E. MARCH
1908-1981
ARTHUR E. MARCH, JR.
1933-2005
November 21, 2008 VIA HAND DELIVERY
Weld County Board of Adjustment
C/O: Clerk to the Board of County Commissioners
915 10th Street
P.O. Box 758
Greeley, CO 80632
Re: Roger Kenney
James Warner Property
APPEAL TO THE WELD COUNTY BOARD OF ADJUSTMENT
Dear Sir or Madam:
This Letter is in supplement to my October 31, 2008, letter to
the Weld County Board of Adjustment. That letter is attached
hereto and contains the history and basis of this appeal along
with the referenced letters and documentation.
Also included are several photographs taken on November 19, 2008,
showing water trucks owned by A&W Water Service filling up with
water from the tap. This is in direct violation of the Weld
County Commissioners denial of Mr. Warner and Magpie's
application for Special Review for an Oil & Gas Support Facility.
Counsel for Mr. Warner has informed me that the Weld County
Planning Department allegedly authorized the filling of water
tanker trucks that do not belong to Mr. Warner or Magpie. The
supposed basis for the approval is the tanker trucks are being
used to service Mr. Warner's and Magpie's wells. In discussions
with the Planning Department, there is a question whether the
Planning Department did, in fact, authorize the use of the water
tap by A&W Water Service's trucks as represented by Mr. Warner
and Magpie.
I have several witnesses to the number of trucks coming in and
going out of Mr. Warner's property on November 19 and 20. In
fact, several neighbors called Mr. Kenney very concerned because
they were under the impression this matter had been resolved.
This is all very disappointing to Mr. Kenney. He has expended a
great deal of time and money to resolve this matter with the
County and has received a ruling from the County Commissioners
denying the use of the property as an oil and gas support
facility. Even so, the improper use of the land in the A
Agricultural zone continues. This leaves Mr. Kenney and his
neighbors back at the beginning with a noisy, dirty operation
that causes distress, loss of property value, and certainly
traffic safety issues as these trucks turn in and out unto
Highway 3.
The old saying of what happens when you allow the camel's nose
inside the tent is applicable here. The Planning Department
allowed the nose inside the tent on October 1, 2008, with its
determination that allowed Mr. Warner and Magpie to use the tap
for their offsite purposes. The application to allow the offsite
use was supported by pictures of two relatively small trucks
owned by Magpie. Now, the camel is in the tent because several
18 wheel trucks owned by others are using the water tap.
Mr. Warner and Magpie are in violation of the zoning ordinance
which must be stopped.
Sincerely,
/2"-'Y
Stewart W. Olive
Attorney at Law
attachments
pc: client
ALL PICTURES
TAKEN
WEDNESDAY,
NOVEMBER 19, 2008
MARCH, OLIVE & PHARRIS, LLC.
J. BRADFORD MARCH
STEWART W. OLIVE
JOHN W. PHARRIS
ATTORNEYS AND COUNSELORS AT LAW
110 E. OAK STREET, SUITE 200
FORT COLLINS, COLORADO 80524-2880
(970) 482-4322
Fax (970) 482-5719
ARTHUR E. MARCH
1908-1981
ARTHUR E. MARCH, JR.
1933-2005
October 31, 2008 VIA HAND DELIVERY
& U.S. MAIL
Weld County Board of Adjustment
C/O: Clerk to the Board of County Commissioners
915 10th Street
P.O. Box 758
Greeley, CO 80632
Re:
Roger Kenney
James Warner Property
APPEAL TO THE WELD COUNTY BOARD OF ADJUSTMENT
A. Determination Being Appealed
Pursuant to § 23-6-10 of the Weld County Code (WCC), Roger Kenney
hereby files this appeal of the determination by Thomas Honn,
Director of the Weld County Department of Planning (Department)
dated October 1, 2008. A copy of a letter from Mr. Honn dated
October 1, 2008, containing the determination at issue is
attached hereto. The dispute concerns the Department's
determination that the current use of a parcel of real property
located in Weld County owned by James Warner (Warner Property) is
an allowed use by right under the WCC.
B. Section of WCC in Dispute
While the Department did not specify a specific section of the
WCC as the basis for his determination, the Warner Property is
zoned A -Agricultural therefore it is assumed that the section in
dispute is § 23-3-20.
C. Descriptions of Grounds of Appeal
The Warner Property is located in the NW1/4 of Section 5, Range
68 West, Township 4 North, Weld County, Colorado, and is bounded
on the north by Colorado Highway 60 and on the west by County
Road 3. Mr. Kenney's property is located immediately to the west
of the Warner Property separated from the Warner Property by
County Road 3. At issue is can the Warner Property be used, as a
use by right, for the operation of an oil and gas support
services business for servicing off site oil an gas production
facilities? According to the Department's determination the
answer is a qualified yes. Mr. Honn opined that the use of the
commercial water tap on the Warner Property can be used to fill
trucks owned by the owner's company for use at well locations
owned by the owner of the Warner Property. Conclusions drawn by
Mr. Honn are not in accord with the clear language of the WCC.
Sect -on 23-3-20 of the WCC sets forth the allowed uses by right
in the A -Agricultural Zone. Section 23-3-20 provides that oil
and gas production facilities are uses allowed by right within
the A -Agricultural zone. Importantly, § 23-3-20 does not allow
oil and gas support and service operations to be uses by right in
the A -Agricultural Zone. Instead, § 23-3-40 of the WCC requires
that oil and gas support and service operations are uses allowed
by special review only. Here, the water tap is used for the
support of Mr. Warner's company, Magpie Operating, Inc., d/b/a
Magpie Oilfield Supply also d/b/a Magpie Oilfield Services also
d/b/a Loveland Gas Processing Company (Magpie) operations located
off -site. Clearly, the operation of the water tap on the
Property does not fit within the uses allowed by right for the
zoning classification of the Property.
D. Other Information
These properties have been the subject of a long standing dispute
as to the use of the Warner Property. Mr. Warner and Magpie have
operated an oil and gas support services business from the Warner
Property. The support services being the supply of water for off
site oil and gas production support services from a commercial
water tap located on the Warner Property. Historically, the
support services entailed numerous tractor trailer vehicles
pulling into the Warner Property to fill up with water being sold
to other companies in the oil and gas business. The trucks lined
up along County Road 3 in front of Mr. Kenney's home causing
excessive noise, dust, damage to his property and a traffic
safety hazard.
After numerous complaints by Mr. Kenney to the appropriate Weld
County officials, Mr. Warner, and Magpie did not result in
resolution of the matter, Mr. Kenney filed suit in the Weld
County District Court on August 30, 2006. While the suit was
pending, the Department determined that a Special Review Permit
would be necessary to allow the Warner Property to continue to be
used for oil and gas production support services. By a vote of 6
to 1, the Weld County Planning Commission denied Mr. Warner and
Magpie's application for a Special Review Permit. By resolution
dated February 29, 2008, the Weld County Board of Commissioners
unanimously denied Mr. Warner and Magpie's application #1617 for
an Oil and Gas Support Facility (Commercial Water Tap Used by Oil
and Gas Specific Equipment and Transportation Vehicles to Service
Off -Site Oil and Gas Operations) in the A (Agricultural) Zone
District.
Following the denial of the Special Review Permit by the Board of
County Commissioners, by letter dated May 6, 2008, the owners of
the Warner Property requested that they be allowed to have their
own water trucks fill from the existing water tap on the Property
and 7.ransport the water to its oil and gas operations. A copy of
the May 6, 2008, letter is attached hereto for reference.
Basically, the owners of the Property requested they be allowed
to use the Warner Property for the exact same purpose which the
Board had previously resolved was not allowable. In spite of not
having a Special Review Permit in place, the owners of the Warner
Property again used the commercial water tap located on the
Warner Property to fill water trucks for oil and gas support
operations in May, 2008. Contrary to representations made by
Magpie, the tap was used to fill a large semi -trailer truck in
violation of the Board's Resolution. The unlawful use of the
Warner Property was reported to the Department's Compliance
Division by Mr. Kenney. Thereafter, a Violation Hearing was
scheduled for June 17, 2008.
By letter dated May 30, 2008, the Department's Compliance
Division informed Mr. Warner that the Warner Property had a use
by right to use the commercial water tap for the operation of
Magpie's purposes associated with oil and gas production
facilities. A copy of the May 30, 2008, letter is attached
hereto for reference. Based on the conclusion that a use by
right existed, the Violation Hearing was canceled and the matter
was considered closed.
On July 15, 2008, this office wrote a letter to the Board of
County Commissioners requesting on Mr. Kenney's behalf that the
Commissioners instruct the Department to enforce the law and
require that the Property only be used within the confines of the
A -Agricultural zone, or in the alternative require the owner of
the Warner Property to submit a new application for a special
review for the Warner Property. Thomas Bonn, Director of the
Weld County Department of Planning responded on October 1, 2008,
a copy of which I received on October 14, 2008.
Apparently, it is the position of the Department of Planning
Services that as long as the owner of a property uses the
property fcr their own purposes, even if that use is considered a
violation of the WCC, that the use is one by right. There are
obvious problems with the Department's position. First of all,
there is the concern that owner of the Warner Property will
expand his, and Magpie's, oil and gas operations greatly
expanding the effects of the unlawful use of the Warner Property.
Second, there is the very serious concern that the Warner
Property could be sold to an oil and gas company with its own
large-scale operations. The result of the foregoing could be a
24/7 operation of an industrial use in the A -Agricultural Zone
with no protection for the neighboring owners even though the
Special Review was denied.
E. Request
In accordance with § 23-6-20, Appeals of Administrative
Decisions, Mr. Kenney seeks a decision by the Board of Adjustment
that the determination of the Department. is erroneous and that
the Warner Property cannot be used for oil and gas support and
service operations without a Special Review Permit.
Sincerely,
Olive
Attorney at Law
attachments
pc: client
At*.;
COLORADO.
Stewart W. Olive, Esq.
March, Olive R. Pharris, LLC
110 Oak Street, Suite 200
Fort Collins, Colorado 80524-2880
DEPARTMENT OF PLANNING SERVICES
918 10m Street
GREELEY, COLORADO BD631
WEBSITE: www.co.weld.co.us
PHONE (970) 353-61OD EXT..354D
FAX (970) 304-6498
October 1, 2008
Re: James Warner Property
Dear Mr. Olive:
This letter is in response to your letters of July 15, 2008, and September 29, 2008, regarding the
James Warner property, located in the NW'h of Section 5, Range 68 West, Township 4 North,
Weld County, Colorado.
Use -by -Special Review ("USR") Permit #1617 was denied by the Board of County
Commissioners of Weld County on February 6, 2008. It was for and Oil and Gas Support
Facility, being a commercial water tap used by oil and gas specific equipment and transportation
vehicles to service off -site oil and gas operations in the A (Agricultural) Zone District. As stated
in the Hearing Certification for Docicet No. 2007-82.B, Chris Gathman, Planner, explained at the
hearing that, "the site consists of an existing commercial water tap operated by Magpie
Operating, which contracts with outside water carriers who haul the water to be used at off -site
oil and gas facilities."
The Weld County Department of Planning Services investigated whether the commercial tap on
Mr. Warner's property is being used for the purpose which was the basis of USR-1 617. We have
found no evidence that Mr. Warner is selling water from the commercial tap to outside water
carriers. Rather, it is apparent that the company of which Mr. Warner is President, Magpie
Operating, is filling its trades at the tap on an intermittent basis for transport of water to Magpie
well locations. Your letter of July 15, 2008, supports this finding.
I do not conclude that use of the commercial tap by Magpie in this manner is violation of the
Weld County Cade. It is my opinion that a property owner may, as a use -by -right in the A
(Agricultural) Zone District, fill trucks owned by his company at a commercial tap located on his
property for use at well locations the company owns. Furthermore, I do not find that Mr. Warner
is selling water at the commercial tap to outside water carriers.
Please feel free to call meat (970) 353-6100, ext. 3540, or Bruce T. Barker, Weld County
Attorney, at (970) 3564000, ext. 4390, if you have any questions regarding this letter.
omas E. Harm, Director
Weld County Department of Planning Services
pc: Bruce T. Barker
J. BRADFORD MARCH
STEWART W. OLIVE
JOHN W. PHARRIS
July 15, 2008
MARCH, OLIVE & PHARRIS, LLC.
ATTORNEYS AND COUNSELORS AT LAW
110 E. OAK STREET, SUITE 200
FORT COLLINS, COLORADO 00524-2600
(970)482-4322
Fax (970) 482-5719
David Long
Weld County Commissioners
915 10th St.
P.O. Box 758
Greeley, CO B0632
Rob Masden
Weld County Commissioners
915 10th St.
P.O. Box 758
Greeley, CO 80632
Bill Garcia
Weld County Commissioners
915 10th St.
P.O. Box 758
Greeley, CO 80632
Re: James Warner property: a Part of NW 1/4, Section 5, Range 6B
West, Township 4 North
Dear Commissioners Long, Rademacher, Masden, Jerke, and Garcia:
Please be advised that this office represents Roger Kenney
regarding the use of the above referenced property (hereinafter
the "Property.") Concerns regarding the uses of the Property
have previously come before the Commissioners through the
requested Special Review Permit #1617 for an Oil and Gas Support
Facility (Commercial Water Tap Used by Oil and Gas Specific
Equipment and Transportation Vehicles to Service Off -Site Oil and
Gas Operations) in the A (Agricultural) Zone District - James
Warner, c/o Ryan Warner. In essence, the special review request
involved contractor and owner operated water trucks which filled
from the existing commercial water tap on the Property and
transported the water to oil and gas operations. Pursuant to
that certain Resolution dated February 29, 2008, the application
for the special review permit was denied by the Board of County
Commissioners.
Unfortunately, issues continue regarding the uses of the
Property. Following the denial of the special review permit by
ARTHUR E. MARCH
1908-1981
ARTHUR E. MARCH, JR.
1933-2005
Douglas Rademacher
Weld County Commissioners
915 10th St.
P.O. Box. 758
Greeley, CO 80632
William "Bill" Jerke
Weld County Commissioners
915 10th St.
P.O. Box 758
Greeley, CO 80632
the Board of County Commissioners, by letter dated May 6, 2008,
the owners of the property requested that they be allowed to have
their own water trucks fill from the existing water tap on the
Property and transport the water to its oil and gas operations.
A copy of the May 6, .2008, letter is attached hereto for your
reference. Basically, the owners of the Property were requesting
that they be allowed to use the property for the exact same
purpose which the Board had previously resolved was not
allcwable. In spite of not having a special review permit in
place, the owners of the Property again used the commercial water
tap located on the Property to fill water trucks for oil and gas
support operations in May, 2008. Contrary to the representations
made by Magpie Operating, the tap was used to fill a large semi-
trailer truck in violation of the Board's Resolution. I have
attached a copy of a photograph of the semi -trailer truck for
your information. The unlawful use of the Property was reported
to the Department of Planning Services, Compliance Division by
Mr. Kenney. Thereafter, a Violation Hearing was scheduled for
June 17, 2008.
By letter dated May 30, 2008, the Compliance Division informed
James Warner that the owner of the Property, Magpie Operating,
.Inc., had a use by right to use the commercial water tap for the
operation of Magpie Operating Inc.'s purposes associated2withoil
and gas production facilities. A copy of the May 30, ,
letter is attached hereto for your reference. Based on the
conclusion that a use by right existed, the Violation Hearing was
canceled and the matter was considered closed.
The logic of the Compliance Division flies in the face of both
the Weld County Code (WCC) and the prior Resolution of the Board.
Section 23-320 of the WCC provides that oil and gas production
facilities are uses allowed by right within the A -Agricultural
zone. However, § 23-3-40 of the WCC requires that oil and gas
support and service operations are uses allowed by•special review
only. The definition section of the WCC provides the Oil and Gas
Production Facilities are those which:
Consist of the oil or gas well, pumps, heater Creators,
separators, meters, compressors, TANK BATTERY and other
equipment directly associated with the producing well, all
of which must be connected and functional.
Here, the water tap is used for the support of Magpie's
operations located off -site. Clearly, the operation of the water
tap on the Property does not fit within the uses allowed by right
for the zoning classification of the Property and is a use
already denied by both the Planning Commission and the Board of
County Commissioners.
Further, in his letter to the Planning Department, Ryan Warner
stated that at most there wouldvbe,d be 4 ttrucks
fillinglflom he8,
e
water tap during any day. ten trucks filled from the water
between 9:35 a.m. :30 0 p.11m. n.m• more tap and between The levelmofauseoofOthemwateretap onLJulysfilled
2, 2008,
from the tap. Property is being used in violation
is typical. Simply oput, the e P Y part of
of the WCC without any concessions or conditions on the the Property's owners.
Mr. Kenney requests that the Commissioners instruct
tthe the
Planning& Zoning Department to enforce the law and require
Property only be used within the confines of the A-Agrequire ural
cone. In the alternative, the Commissionersshuldor a special
owner of the Property to submit a new application
review for the Property. If the Planning Department is unwilling
to enforce the law and the decisions of the Commissioners, the
Commissioners should refer the matter tothe
heCDistrict Attorney's
office for enforcement as provided by the
Thank you for your assistanccontacte
this
a ter If you have any
Question or comments, please
Sincerely,
'Stewart W. Olive
Attorney at Law
pc: Bruce Barker
client
WI�Y�
COLORADO
May 30, 2008
DEPARTMENT OF PLANNING SERVICES
Compliance Division
NORTH OFFICE
918 10TH Street
GREELEY, CO 80631
Website: WWW.CO.WELD.CO.US
E-mail Address: bsalzman(a�co.weld.co.us
PHONE: (970) 353-6100, Ext. 3555
FAX: (970) 304-6498
JAMES WARNER
DBA: MAGPIE OPERATING INC
6239 CR 36
PLATTEVILLE, CO 80651
Subject VI -0700110, PT NW4 5-4-68 LOT D REC EXEMPT RE -3983 (10O2.96R)
Dea- Mr. Warner:
This letter is to inform you staff discussed the use on the above described property and determined that the
use as indicated below is a Use by Right / Accessory Use in the Agricultural Zone District per Sections 23-3-
20 and 23-3-30 of the Weld County Code (WCC).
Currently a commercial water tap is situated on the above described property. We (Weld County, Department
of Planning Services), understand the following:
1.) The owner of the land/commercial water tap and the owner/operator of Magpie Operating Inc. are one
in the same.
2.) The water is used in association with the operations of oil and gas production facilities which is a Use
by Right in the Agricultural Zone District (23-3-20.1, WCC) operated by Magpie Operating Inc.
3.) Magpie/Warner no longer sell water to outside businesses and strictly utilize the water for the
operation of Magpie Operating Inc and/or any necessary farming functions.
Therefore, the Violation Hearing previously scheduled for June 17, 2008 has been canceled and this
violation closed. Thank you for your cooperation in this matter. Should you have any questions regarding
this letter, or if you need any further information, please feel free to contact me at the above address,
telephone number or e-mail address.
Sincerely,
Bethany Salzman
Zoning Compliance Officer II
pc: VI -0700110
Department of Planning Services
Stephanie Arries, County Attorney's Office
SERVICE, TEAMWORK, INTEGRITY, QUALITY
May 6, 2008
Weld County Planning Department
918 10°i St.
Greeley, CO 80631
Case: VI -0700110
Dear Sir or Madam,
Ryan Warner, Magpie Operating, Inc. and James Warner respectfully request that Weld County
grant Magpie the ability to continue limited operation of the referenced water tap for internal,
non-commercial use.
The Little Thompson water tap is owned and operated by Magpie. The recent use by special
review application filed by Magpie sought to allow Magpie to sell water to a trucking company in
bulk quantities for use in workovers and drilling throughout Weld County. Since Magpie was
first notified of the violation, the water tap was been shut off to this operation. Large semi -trailer
trucks are no longer accessing the tap or the site. Magpie has accepted and complied with the
decision by the Weld County Board of Commissioners.
It is Magpie's strong desire to continue to use the tap on a limited basis for use in supporting
Magpie's own operations. Magpie describes this use as an average of five trips per month using a
Vacuum Truck, a smaller single -unit vehicle with a 70 -barrel tank. Each of these trips will take
somewhere between five and ten minutes and will take place during normal working hours.
Occasionally, Magpie may access the tap for more significant workovers when several hundred
barrels of water are needed. These workovers will be rare but may require up to four trips per day
for one to three days. Lastly, Magpie has yet to drill a well in the company's history but hopes to
in the future. In such event, Magpie may require up to four trips per day for up to one week.
Under these terms, Magpie will not have any disruptions in operations and can continue to thrive
as an oil and gas operator in Weld County. Magpie believes that the limited use requested is both
reasonable and necessary and will not constitute a nuisance or offense to the surrounding
landowners. Thank you for your consideration.
Sincerely,
Ryan Warner, Vice President
Magpie Operating, Inc.
IM.I.-
May 6, 2008
Weld County Planning Depai Lcutent
918 10"1 St.
Greeley, CO 80631
Case: VI -0700110
Dear Sir or Madam,
Ryan Warner, Magpie Operating, Inc. and James Warner respectfully request that Weld County.-"
grant Magpie the ability to continue limited operation of the referenced water tap for internal;
non-commercial use.
The Little Thompson water tap is owned and operated by Magpie. The recent use byspecial
review application filed by Magpie sought to allowMagpie,
Weld County. Since Magpie was to sell water to a trucking company in
bulk quantities for use in workovers and drilling throughout Larfirst notified of the violation, the water tap was been shut off to this opea tared complied semi-trailer
the
trucks are no longer accessing the tap or the site. Magpie has acceptedP
decision by the Weld County Board of Commissioners.
It is Magpie's strong desire to continue to use the tap on a limited basis for use in supporting
Magpie's own operations. Magpie describes this use as an average of five trips per month using a
Vacuum Truck, a smaller single -unit vehicle with a 70 -barrel tank. Each of these trips will take
somewhere between five and ten minutes and will take place during norrual working hours.
Occasionally, Magpie may access the tap for more significant workovers when several hundred
barrels of water are needed. These workovers
bit the require
up to four history but
per day
y
for one to three days. Lastly, Magpie has yet to a a arel
in the future. In such event, Magpie may require up to four nips per day for up to one week. e to ive
Under these terms, Magpie will not have any disruptions
ithat do ons anddcan r minuted is oath
as an oil and gas operator in Weld County. Magpie believes
reasonable and necessary and will not constitute a nuisance or offense to the sun'ounding
landowners. Thank you for your consideration.
Sincerely,
Ryan Warner, Vice President
Magpie Operating, Inc.
IN.-
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
Subject Parcel: 106105200057
THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by
the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the
property being considered. This list was compiled utilizing the records of the Weld County Assessor
available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been
modified from the original. The list compiled from the records of the Weld County Assessor was
assembled within thirty days of the application's submission date.
Signature
Date
Property Owners Within 500 ft. of Parcel# 106105200057
NAME
MAILING ADDRESS
PARCEL
IDENTIFICATION #
AMERICAN HOME MORTGAGE
SERVICING
4600 REGENT BLVD No.
200
IRVING,TX 75063
106106101002
F&G LANDS LLC
409 N GARFIELD AVE
LOVELAND,CO 80537
106105101011
GARCIA FRANCISCO &
Additional Owners:
1611 CELESTE LN
LOVELAND,CO 80537-
9201
106105101009
GARCIA GUADALUPE
GARCIA FRANCISCO JR
1611 CELESTE LN
LOVELAND,CO 80537-
9201
106105101003
GEIGER MARTIN G
1701 BRENTFORD LN
FORT COLLINS,CO
80525
106105101002
HACIENDA HEIGHTS HOA (70% INT) &
Additional Owners:
3599 BIANCE CT
LOVELAND,CO 80537
106106101006
GARCIA FRANCISCO SR (UND 30% INT)
HERRERA LOPEZ JOSE A
6334 VALLEY VISTA AV
106105101004
http://maps2.merrick.com/website/weld/setsql.asp
12/1/2008
FIRESTONE,CO 80504
KENNEY ROGER A
23955 CR 3
LOVELAND,CO 80537
106106000073
KROSS BURTON C &
Additional Owners:
6933 SEDGWICK DR
FT COLLINS,CO 80525
106105200055
KROSS MARK A
MERINO CONSERVATION GROUP LLC
6933 SEDGWICK DRIVE
FORT COLLINS,CO
80525
106105200022
NORRIS TODD D &
Additional Owners:
3599 BIANCA CT
LOVELAND,CO 80537
106106101001
NORRIS CLARISSA P
OROZCO HORACIO
3593 BIANCA CT
LOVELAND,CO 80537
106106101004
SCHRAGE LIVING TRUST
23505 CR 3
LOVELAND,CO 80537
106106100009
SCHUETT MICHAEL J &
Additional Owners:
23600 COUNTY RD 3
LOVELAND,CO 80537
106105200054
SCHUETT KRISTIN D
SKEEN JAMES T &
Additional Ownersz
3591 BIANCA CT
LOVELAND,CO 80537
106106101005
SKEEN BRENDA C
SOBCZAK HARRY A JR
PO BOX 7173
LOVELAND,CO 80537
106105101001
TOMTAS RYSZARD H &
Additional Owners:
3595 BIANCA CT
LOVELAND,CO 80537
106106101003
TOMTAS BOZENA
TWIN VIEW ESTATES LLC (80% INT) &
Additional Owners:
6933 SEDGWICK DR
FORT COLLINS,CO
80525
106105400024
PURCELL CONSERVATION GROUP LLC
(20% INT)
http://maps2.merrick.com/website/weld/setsql.asp
12/1/2008
SURROUNDING PROPERTY OWNERS
BOA -1054
SURFACE ESTATE LAND OWNERS
AMERICAN HOME MORTGAGE SERVICING
4600 REGENT BLVD NO. 200
IRVING TX 75063
F&G LANDS LLC
409 N GARFIELD AV
LOVELAND CO 80537
FRANCISCO GARCIA
1611 CELESTE LN
LOVELAND CO 80537-9201
MARTIN GEIGER
1701 BRENTFORD LN
FT COLLINS CO 80525
HACIENDA HEIGHTS HOA
3599 BIANCE CT
LOVELAND CO 80537
HERRERA LOPEZ JOSE
6334 VALLEY VISTA AV
FIRESTONE CO 80504
BURTON KROSS
6933 SEDGWICK DR
FT COLLINS CO 80525
MERINO CONSERVATION GROUP LLC
6933 SEDGWICK DR
FT COLLINS CO 80525
TODD NORRIS
3599 BIANCA CT
LOVELAND CO 80537
HORACIO OROZCO
3593 BIANCA CT
LOVELAND CO 80537
SCHRAGE LIVING TRUST
23505 CR 3
LOVELAND CO 80537
MICHAEL SCHUETT
23600 CR 3
LOVELAND CO 80537
JAMES SKEEN
3591 BIANCA CT
LOVELAND CO 80537
HARRY SOBCZAK
PO BOX 7173
LOVELAND CO 80537
RYSZARD TOMTAS
3595 BIANCA CT
LOVELAND CO 80537
TWIN VIEW ESTATES LLC
6933 SEDGWICK DR
FT COLLINS CO 80525
CERTIFICATE OF MAILING
I hereby certify that I have placed a true and
correct copy of the surrounding property owners
in accordance with the notification requirements
of Weld County in Case Number BOA -1054 in
the United States Mail, postage prepaid First
Class Mail by letter as addressed on the
attached list this 3r° day of December 2008.
Dated the 3r° day of December, 2008.
Kristine Ranslem
Recording Secretary for Planning Commission
NOTICE OF PUBLIC HEARING
The Weld County Board of Adjustment
will hold a public hearing on Tuesday,
December 16, 2008, at 11:00 a.m. for the
purpose of considering an Appeal of a
determination of the Weld County
Planning Department as written in a letter
dated Oct. 1, 2008, by Thomas E. Honn,
Planning Director. The appeal seeks to
overturn a determination that permits use
of a water tap on the property for
exclusive use of Mr. Warner and Magpie
Operating, Inc. because the use is for Oil
and Gas Support Service uses and
should be only allowed as a Use by
Special Review. The decision of the
Board of Adjustment may create a vested
property right pursuant to Colorado Law.
CASE NUMBER: BOA -1054
PLANNER: Tom Honn
APPLICANT: Roger Kenney
LEGAL DESCRIPTION: Lot D RE -3983
located in the NW4 Section 5, T4N,
R68W of the 6th P.M., Weld County,
Colorado.
LOCATION: South of and adjacent to
State Highway 60 and east of CR 3. For
a more precise location, see legal.
TYPE AND INTENSITY OF PROPOSED
USE: An Appeal of a determination of the
Weld County Planning Department as
written in a letter dated Oct. 1, 2008, by
Thomas E. Honn, Planning Director. The
appeal seeks to overturn a determination
that permits use of a water tap on the
property for exclusive use of Mr. Warner
and Magpie Operating, Inc. because the
use is for Oil and Gas Support Service
uses and should be only allowed as a
Use by Special Review.
The public hearing will be held in the
Hearing Room, Southwest Weld County
Department of Planning, 4209 CR 24.5,
Greeley, Colorado. Comments or
objections related to the above request
should be submitted in writing to the Weld
County Department of Planning, 918 10e
Street, Greeley, Colorado 80631, before
the above date or presented at the public
hearing on.
Copies of the application are available
for public inspection at the Weld County
Department of Planning, 918 10th Street,
Greeley, Colorado 80631.
Please call Kris Ranslem, at Phone #
(970) 353-6100, Ext. 3519, or Fax # (970)
304-6498, prior to the day of the hearing
so that reasonable accommodations can
be made if, in accordance with the
Americans with Disabilities Act, you
require special accommodations in order
to participate in this hearing as a result of
a disability?
Bruce Fitzgerald, Chair
Weld County Board of Adjustment
To be published in the Greeley Tribune.
To be published one (1) time by
December 5, 2008
/notkw
WUDcCOLORADO
December 3, 2008
NOTICE TO SURROUNDING PROPERTY OWNERS
• DEPARTMENT OF PLANNING SERVICES
NORTH OFFICE
918 10TH Street
GREELEY, CO 80631
PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
CASE NUMBER: BOA -1054
There will be a Public Hearing before the Weld County Board of Adjustment Tuesday, December 16,
2008, at 11:00 a.m., in the Hearing Room, Southwest Weld County Department of Planning, 4209 CR
24.5, Longmont, Colorado concerning the request of:
APPELLANT: Roger Kenney
REQUEST: An Appeal of a determination of the Weld County Planning Department as written in a letter
dated October 1, 2008, by Thomas E. Honn, Planning Director. The appeal seeks to overturn
a determination that permits use of a water tap on the property for exclusive use of Mr.
Warner and Magpie Operating, Inc. because the use is for Oil and Gas Support Service uses
and should be only allowed as a Use by Special Review.
LEGAL DESCRIPTION: Lot D RE -3983 located in the NW4 Section 5, T4N, R68W of the 6th P.M., Weld
County, Colorado.
LOCATION: South of and adjacent to State Highway 60 and east of and adjacent to CR 3.
Your property is within five -hundred (500) feet of the property on which this request has been. For
additional information write or telephone Thomas Honn, Planning Director.
Comments or objections related to the above request should be submitted in writing to the Weld County
Department of Planning Services, 918 101° Street, Greeley, Colorado 80631, on or before the date of
public hearing.
SITE INSPECTION CERTIFICATE
At staff's request I, WILLIAM RITTER, have been monitoring the property at 23610 CR
3, also known as Lot D of RE -3983, located in the NW4 of Section 5, T4N R68W of the
6th P.M., Weld County, Colorado, specifically located East of and adjacent to CR 3 and
South f and adjacent to Hwy 60, since December 16, 2008. I live in the immediate
vicinity of this site and drive by it on my way to work and home from work daily. At no
time have I witnessed any activity since December 16, 2008 other than occasionally that
of an oil retrieval truck for the oil well. I have not witnessed any water truck traffic.
WILLIAM RITTER
Name of Person Performing Site Inspection
Signature of Person ' -rforming Site Inspection
STATE OF COLORADO
COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me theday of 61,
2009. WITNESS my hand and official seal.
Notary Public V
My C¢mmission Expires:
10/ 'f0
BILLIE J. MOORE
NOTARY PUBLIC
STATE OF COLORADO
February 21, 2009
RE: Illegal use of water hook-up at the corner of C.R.3 & Hwy.60
To Whom It May Concern,
My name is Clarissa Norris, and my husband Todd and I live at 3599 Bianca Court,
Loveland, Colorado in the Hacienda Heights Subdivision. We have witnessed (on
multiple occasions) "Magpie" water trucks filling up at the water hook-up straight
east of our home. On the second occasion I happened to be home for a time
period of approximately 3 hours. Within this time period, I counted 5 trucks
filling up!
We thought that it was recently found in court to be illegal for water trucks to
use this facility? If Magpie won't comply with a direct court order, maybe the
hook-up should be removed?
Also, when we moved into the Hacienda Heights Subdivision 3 years ago (our
home being the last property to be completed in this subdivision), each of us 5
homeowners gave $5,000.00 to Hacienda Builders, Fran Garcia — who in turn
gave it to Weld County, with the understanding that C.R.3 would get paved from
Hwy. 60 south. When this paving gets done, the water trucks would obviously
cause damage to this new road.
If you need any further information regarding this matter, please feel free to
contact us at (970)290-0589.
Sincerely,
Clarissa and Todd Norris
January 7, 2009
Subject: Water trucks illegal use of hook-up at CR3 & Hwy 60
To whom it may concern,
My name is James Skeen and I live at 3591 Bianca Court, Loveland Colorado in the
Hacienda Heights subdivision. I live less than 200 yards from the corner of CR 3 and
Hwy 60 where there is an industrial water hook up for commercial trucks. Recently it
was determined that it was illegal for water trucks to use this facility as it is not zoned for
this use.
I have observed on two occasions, the most recent being this last Sunday, trucks filling
up with water at this location in violation of the new guidelines.
I strongly encourage the county to enforce the discontinued use of this facility as it is
dangerous, inconsistent with the traffic use in the area and an eye sore to the
subdivision and homes located around it. In our opinion, the best way to ensure
compliance is to simply have the hook up removed.
Additionally, funds ($5000 each) were received from the Hacienda Heights homeowners
by the builder of our subdivision, Fran Garcia and given to the county with the
agreement from the county that CR 3 would be paved from Hwy 60 south to the second
cannel when the subdivision was complete (this occurred three years ago). When the
paving happens it would not be good for industrial vehicles, such as water trucks, to use
this road as unnecessary road damage would certainly occur and increase the counties
maintenance costs.
If you have any questions regarding this letter, I can be contacted at 303-589-8075.
Sincerely,
James Skeen
Hacienda Heights HOA Secretary
January 7, 2009
Subject: Water trucks illegal use of hook-up at CR3 & Hwy 60
To whom it may concern,
My name is James Skeen and I live at 3591 Bianca Court, Loveland Colorado in the
Hacienda Heights subdivision. I live less than 200 yards from the corner of CR 3 and
Hwy 60 where there is an industrial water hook up for commercial trucks. Recently it
was determined that it was illegal for water trucks to use this facility as it is not zoned for
this use.
I have observed on two occasions, the most recent being this last Sunday, trucks filling
up with water at this location in violation of the new guidelines.
I strongly encourage the county to enforce the discontinued use of this facility as it is
dangerous, inconsistent with the traffic use in the area and an eye sore to the
subdivision and homes located around it. In our opinion, the best way to ensure
compliance is to simply have the hook up removed.
Additionally, funds ($5000 each) were received from the Hacienda Heights homeowners
by the builder of our subdivision, Fran Garcia and given to the county with the
agreement from the county that CR 3 would be paved from Hwy 60 south to the second
cannel when the subdivision was complete (this occurred three years ago). When the
paving happens it would not be good for industrial vehicles, such as water trucks, to use
this road as unnecessary road damage would certainly occur and increase the counties
maintenance costs.
If you have any questions regarding this letter, I can be contacted at 303-589-8075.
Sincerely,
James Skeen
Hacienda Heights HOA Secretary
February 21, 2009
RE: Illegal use of water hook-up at the corner of C.R.3 & Hwy.60
To Whom It May Concern,
My name is Clarissa Norris, and my husband Todd and I live at 3599 Bianca Court,
Loveland, Colorado in the Hacienda Heights Subdivision. We have witnessed (on
multiple occasions) "Magpie" water trucks filling up at the water hook-up straight
east of our home. On the second occasion I happened to be home for a time
period of approximately 3 hours. Within this time period, I counted 5 trucks
filling up!
We thought that it was recently found in court to be illegal for water trucks to
use this facility? If Magpie won't comply with a direct court order, maybe the
hook-up should be removed?
Also, when we moved into the Hacienda Heights Subdivision 3 years ago (our
home being the last property to be completed in this subdivision), each of us 5
homeowners gave $5,000.00 to Hacienda Builders, Fran Garcia — who in turn
gave it to Weld County, with the understanding that C.R.3 would get paved from
Hwy. 60 south. When this paving gets done, the water trucks would obviously
cause damage to this new road.
If you need any further information regarding this matter, please feel free to
contact us at (970)290-0589.
Sincerely,
WAWA. ONM41—
Clarissa and Todd Norris
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