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Home My WebLink About20193623.tiffHEARING CERTIFICATION DOCKET NO. 2019-114 RE: SHOW CAUSE HEARING, PCSC19-0002, TO SHOW WHETHER GOOD CAUSE EXISTS FOR REVOCATION OF USE BY SPECIAL REVIEW PERMIT, USR12-0019, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY (OFFICE AND SHOP BUILDING AND OUTSIDE PARKING, STORAGE AND STAGING AREA FOR VEHICLES AND EQUIPMENT) IN THE A (AGRICULTURAL) ZONE DISTRICT - C&M RODRIGUEZ SERVICES, INC. A public hearing was conducted on August 14, 2019, at 9:00 a.m., with the following present: Commissioner Barbara Kirkmeyer, Chair Commissioner Mike Freeman, Pro-Tem Commissioner Sean P. Conway Commissioner Scott K. James Commissioner Steve Moreno Also present: Acting Clerk to the Board, Jessica Reid and Selena Baltierra Assistant County Attorney, Bob Choate Planning Services Department representative, Chris Gathman The following business was transacted: IE I hereby certify that pursuant to a notice dated July 26, 2019, and duly published July 31, 2019, in the Greeley Tribune, a public Show Cause hearing, PCSC19-0002, was conducted to whether good cause exists for the revocation of Use by Special Review Permit, USR12-0019, for Mineral Resource Development Facilities including an Oil and Gas Support and Service Facility (office and shop building and outside parking, storage and staging area for vehicles and equipment) in the A (Agricultural) Zone District, held by C&M Rodriguez Services, Inc. Bob Choate, Assistant County Attorney, made this a matter of record. e Chris Gathman, Department of Planning Services, presented a brief timeline and summary of the violations, and noted the applicant was not present for the Probable Cause hearing on June 17, 2019. He presented images of the site which included signage and advertisements for various uses not permitted in the USR, outlined the Development Standards (DS) which are in violation, and noted the signage was in violation of the Weld County Code. He cited the Weld County Code with regard to the Show Cause and the information the Board may consider when revoking or suspending the permit and presented the staff findings and recommendation. He mentioned a conversation with the applicant representative, prior to the hearing, in which the representative stated it was their intention to move the RV storage and combustor equipment off of the site and requested additional time to do so. In response to Chair Kirkmeyer, Mr. Gathman indicated he had not had a conversation with the owner since the Probable Cause hearing and clarified the Department of Planning Services recommendation was to revoke the permit. In response to Commissioner James, Mr. Gathman confirmed the owner of C&M Rodriguez Services was the USR applicant, and in response to Commissioner Conway, Mr. Choate clarified Commissioner Conway was allowed to participate in the Show Cause although he was not present for the Probable Cause hearing. Cc.: PLCCG(TP), f wC Het E P), F.-H(6F/LL), CaCec.) 09 /OW ( 9 2019-3623 PL2169 HEARING CERTIFICATION - C&M RODRIGUEZ SERVICES, INC. (PCSC19-0002) PAGE 2 IR Alejandro Rodriguez, employee and applicant representative, requested a month to get the equipment moved, and in response to Chair Kirkmeyer, stated the owner of the combustors, Questor, is looking for a new location to relocate them. He mentioned the owners of the RV storage were notified a week prior to the Show Cause hearing to move the RVs. In response to Chair Kirkmeyer, he indicated the owners of C&M Rodriguez Services did not attend the Probable Cause hearing because they were in Mexico and stated the secretary was supposed to attend the hearing in their place, but she did not. In response to Chair Kirkmeyer, regarding the lack of communication with the Department of Planning Services, Mr. Rodriguez stated he did not know of the Show Cause hearing until three (3) days prior, and in response to Commissioner James, he clarified his boss is the person who receives the emails and the one who had been in contact with Questor, and the RV storage owners about moving their equipment. In response to Chair Kirkmeyer, he clarified he is not an owner of the business, and confirmed the owners were not present at the hearing and he did not have documentation to show he can speak on their behalf. Mr. Choate explained the Board could move forward with the hearing without the owners being present, due to the notification that was provided in accordance with Weld County Code. In response to Commissioner Conway, Mr. Rodriguez reiterated he was sent to the hearing by his boss to request 30 days to come into compliance, and in response to Chair Kirkmeyer, indicated his boss was aware of the compliance issue. Mr. Gathman confirmed the Probable Cause hearing notification was mailed on June 3, 2019. el With the approval of the Board, Chair Kirkmeyer opened public comment. Steve Nelson, Overland Tractor and Supply, expressed concern of the combustors falling, as he believed they would fall onto his property. He also stated his permitted sign is being blocked by the respondent's un-permitted sign and explained the violation had been occurring for some time and he would like resolution. In response to Commissioner Conway, he stated he had tried to speak with someone on the C&M Rodriguez Services site when the combustors were installed, and was met with disregard, and confirmed he had not had a conversation regarding the signage, as he did not want to trespass onto the C&M Rodriguez Services site. In response to Commissioner Conway, he agreed the permit should be suspended for operations not permitted under the USR but did not believe the Board should take away the ability for them to do business as C&M Rodriguez Services. He stated if the Board granted a one (1) week extension to come into compliance, they might take 30 days, but it would only take 15 minutes to remove their sign with a fork lift. e Daniel Balderas, surrounding business owner, expressed concern with the towing company and RV storage not being in compliance, and did not think they would come into compliance within 30 days. He supported revocation of the permit due to non-compliance and, in response to Commissioner Moreno, stated if granted 30 days, the respondent will take two months, and questioned who is going to be responsible for following up on the progress. el Nathan Balcom, surrounding property owner (SPO), expressed frustration with the location of the stacks, and stated they are within 150 feet of his front door. He indicated the location of his home on the displayed map, and stated he had expressed concern of compliance to the people installing the stacks the day they were installed. He indicated his house smells like a burned down barn, stated the applicant was still bring stacks in as recently as the night prior, and there is activity on the site all hours of the night. He stated his wife had not been able to find a phone number for 2019-3623 PL2169 HEARING CERTIFICATION - C&M RODRIGUEZ SERVICES, INC. (PCSC19-0002) PAGE 3 C&M Rodriguez Services, he had asked employees driving their personal vehicles to and from the site to slow down, and indicated the dust from the road they travel is unbearable. ID In response to Commissioner James, Mr. Choate clarified the definition of suspension and revocation, and added the suspension could be until they have met specificed conditions, to which Chair Kirkmeyer replied there was no one present at the hearing to accept specified conditions. In response to Commissioner Conway, Mr. Choate readvised the Board they could take action whether the owner was present or not. After discussion among the Board and Mr. Choate about the options of suspension, revocation and continuing the case, Chair Kirkmeyer expressed she is in support of revoking the permit on the grounds of the owner failing to appear at the Probable Cause and Show Cause hearings, not sending a representative who is legally able to represent him, and his total disregard for his neighbors, the process and his permit. Lastly, she cited the safety concerns created by the placement of the combustors, and reiterated C&M Rodriguez Services is in violation of DS #1, 29, 36, and 37. e Commissioner Moreno agreed with Chair Kirkmeyer's comments, expressed concern with the applicant putting up stacks the night prior, and indicated he was in support of revocation. Commissioner Freeman stated he would have considered suspension if they were not putting up stacks the night prior, and that he was in support of revocation. Commissioner Conway echoed his fellow Commissioners sentiments and stated he would like the site to be cleaned up immediately, which is why he is not in support of a suspension. He expressed concern that revocation will lead to a long court process, and suggested continuing the case until August 19, 2019, to allow the applicant time to develop a plan to clean up the site within 30 days. Commissioner James indicated he is hesitant to deny someone their private property right, but noted the applicant had been disingenuous, had demonstrated a lack of respect for authority, and stated he is in support of revocation. la In the matter of Show Cause hearing, PCSC19-0002, Commissioner Moreno moved to find the applicant is out of compliance with Development Standards #1, 29, 36, and 37 and there is adequate cause for revocation of Use by Special Review Permit, USR12-0019, for Mineral Resource Development Facilities including an Oil and Gas Support and Service Facility (office and shop building and outside parking, storage and staging area for vehicles and equipment) in the A (Agricultural) Zone District, held by C&M Rodriguez Services, Inc., due to the utilization of the site for an RV storage and towing business along with banner signs that are not allowed per the County Code. The motion was seconded by Commissioner James. Chair Kirkmeyer directed the County Attorney's Office to proceed with immediate legal action. Commissioner Conway stated he would support the motion with the understanding that there would be immediate legal action to remedy the site. There being no further discussion, the motion carried unanimously, and the hearing was completed at 11:00 a.m. 2019-3623 PL2169 HEARING CERTIFICATION - C&M RODRIGUEZ SERVICES, INC. (PCSC19-0002) PAGE 4 This Certification was approved on the 19th day of August, 2019. BOAR OF COUNTY COMMISSIONERS WEL !( O TYRADO ATTEST: dde4.1) JE,e/k. Weld County Clerk to the Board BY. eputy Clerk to the Board Barbara Kirkmeyer, Chair Mike Freeman, Pro-Tem Sea ,' . Conway tt K. 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