HomeMy WebLinkAbout20161466.tiff HEARING CERTIFICATION
DOCKET NO . 2016-42
RE : A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR16-0006, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES , OIL AND GAS
SUPPORT AND SERVICE (OFFICE/SHOP AND PARKING AND STORAGE OF
VEHICLES AND EQUIPMENT) IN THE A (AGRICULTURAL) ZONE DISTRICT - RED
OILFIELD SERVICE , LLC
A public hearing was conducted on May 4 , 2016 , at 10: 00 a. m . , with the following present:
Commissioner Mike Freeman . Chair
Commissioner Sean P . Conway. Pro-Tem - EXCUSED
Commissioner Julie A. Cozad
Commissioner Barbara Kirkmeyer
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board . Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative , Diana Aungst
Public Works Department representative , Janet Lundquist
Planning Services Engineer representative . Wayne Howard
Health Department representative, Lauren Light
The following business was transacted :
- I hereby certify that pursuant to a notice dated March 25 , 2016, and duly published
March 30 , 2016, in the Greeley Tribune, a public hearing was conducted to consider the request
of Red Oilfield Service . LLC . for a Site Specific Development Plan and Use by Special Review
Permit. USR16-0006 , for Mineral Resource Development Facilities . Oil and Gas Support and
Service (office/shop and parking and storage of vehicles and equipment) in the A (Agricultural)
Zone District. Bob Choate . Assistant County Attorney , made this a matter of record .
a. Chair Freeman reviewed , for the applicant and the public, the procedures to follow should
either case result in a tie vote due to four Commissioners being present and one Commissioner
excused .
a Diana Aungst, Department of Planning Services . presented a brief summary of the proposal
and stated 19 referrals were sent out and 12 agencies either did not respond or indicated no
concerns . She reviewed the site location , relevant roads , and proposed full buildout to include a
shop. fuel storage tank, vehicle wash bay and extended parking and outdoor storage . Ms . Aungst
provided the number of employees , hours of operation , and stated there will be maintenance and
repair of vehicles and the existing mobile home will be used as a rental to start with and later
converted to an office . She clarified the existing well would need to be converted to a commercial
well once it is made into an office . Ms . Aungst reviewed the existing landscaping and signage ,
and stated the application is due to an active Zoning Violation . ZCV15-00102 , which has been
forwarded to the County Attorney. She clarified that if the application is approved today, it will
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correct the violation . Ms . Aungst reviewed the adjacent land uses and nearest residences, and
stated the Department of Planning Services has received letters of objection from surrounding
P objection
property owners, some of which spoke at the Planning Commission Hearing . She reported the
site to be located within the three (3) mile referral area of the cities of Brighton and Fort Lupton .
and the Town of Lochbuie . and she reviewed the referral responses from these municipalities .
Ms. Aungst displayed images of the site and surrounding properties and entered the favorable
recommendation of the Planning Commission into the record .
P Janet Lundquist. Department of Public Works . provided a brief overview of the transportation
plans and requirements stating the applicant has received an approved Access Permit,
AP#16-00076 . She further reviewed the relative county roads . traffic counts and truck
percentages, and the proposed number of daily round truck trips . Ms . Lundquist stated tracking
control is required but an Improvements Agreement is not required at this time .
a Wayne Howard , Planning Services Engineer representative. presented a brief summary of
the drainage and grading requirements and stated a final drainage report with the Certification of
Compliance needs to be submitted and the site map shall reflect the drainage features and flow
arrows , and the parking area and traffic flow. He stated a Weld County Grading Permit is required
for disturbing over an acre .
LI Lauren Light, Department of Public Health and Environment. reviewed the water and sewer
Pstating po
rtable toilets can be used for two (2) or less full-time employees or employees
on-site for less than two (2) hours as an option . She clarified the septic permitted with the mobile
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home is sized for a three (3) bedroom home and a domestic well provides water to the mobile
home . Ms . Light stated if the mobile home is converted to an office . the septic and well will need
to be permitted as commercial . She reviewed the requirements regarding the vehicle
maintenance. wash bay and fuel storage, and stated Development Standards ( DS) #13-25
address typical Environmental Health items. In response to Commissioner Cozad . Ms . Light
stated she does not have a copy of the permit with her.
Chad Cox. Western Engineering Consultants . represented the applicant and provided the
history of the purchase . the nature of the roust-a-bout business. and the details of the Zoning
Violation to clarify that the applicant purchased the property with many of the violation issues
existing such as the lack of proper permitting for the mobile home, no access permit, no water
source approved , abandoned chickens, animals . trash and debris . Mr. Cox stated the applicant
began parking commercial vehicles on-site and received the Zoning Violation . He reported the
applicant has made improvements and applied for all the proper permits totaling over $200 , 000
invested in the property. Mr. Cox reviewed the outcome of the neighborhood meeting and
concluded by stating the applicant has done everything asked of them to make things right.
James Masse surrounding property owner (SPO) , provided his family history of ownership
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in the area and expressed his frustration with losing agricultural ground and that he would like to
see the area remain agricultural . He further clarified there are several 100 acres of vacant
industrial ground in close proximity. Mr. Massey reminded the Board of other USRs that had been
denied due to incompatibility and stated his concern that if approved it will open this agriculturally
zoned area up to more industrial uses. In response to Mr. Massey, Chair Freeman clarified the
USR stays with the parcel and if it is sold . another company can move in and abide by the permit.
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Chair Freeman also clarified that although the Board can put sales stipulations of certain parcels,
this is not typical of most USRs . Mr. Massey stated his frustration with the applicant not getting
the proper permits before starting his endeavor and further stated his objection to this application .
In response to Commissioner Cozad , Mr. Massey pointed out where he lives. In response to
Commissioner Moreno, he stated he did attend the neighborhood meeting and objected to the
case there as well . In response to Commissioner Kirkmeyer, Mr. Massey stated he does not want
semi-trucks to be allowed and he again mentioned the vacant industrial sites that are available.
Jerry Scott. SPO , stated the history of his farm and confirmed the area is agricultural . He
stated the prior owner of the aforementioned property raised horses , cattle , and chickens.
Mr. Scott stated his understanding of supporting the oil and gas industry; however. he also
expressed his displeasure at the location of this business in the middle of an area that is rural
agricultural when there are several properties available for industrial or commercial businesses .
Mr. Scott further expressed his frustration with the applicant doing things wrong and asking
forgiveness later. He inferred the reason for the purchase is because residential is clearly cheaper
than commercial or industrial properties and given the applicant wants to have a business at this
location makes it non-compatible . Mr. Scott stated the property owners in the area put up nice
homes and live there because they like the agricultural community and the zoning for this Use is
not right. He pled for the Board to deny this application and for the applicant to consider another
location . In response to Commissioner Kirkmeyer. Mr. Scott stated he was not invited . He pointed
out his property on the map.
Sherrie O' Neil , SPO , stated her concerns with this business adversely affecting property
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values and requested the Board deny this application due to the applicant not doing things right.
She further stated her concerns with increased truck traffic. In response to Commissioner Cozad ,
Ms. O' Neil stated her displeasure at the possibility of another business coming in because the
traffic and activity is at her daughter's front door. In response to Commissioner Moreno , she did
not know anything about the neighborhood meeting in Brighton .
Cindy Fortenberry, SPO , stated she has lived there for 23 years and expressed her
frustration that there is an ample supply of commercial property available and the only reason the
applicant purchased this particular is because it was cheaper than commercial or industrial
property. She clarified the applicant has been there for a year and she asked for a denial .
2 Keith Tolison , SPO . stated he can see everything going on . and at 5: 00 a . m . . the headlights
of the vehicles are shining directly into his home . He stated the County has rules to follow and
doesn't understand why the applicant doesn 't have to follow the rules. Mr. Tolison expressed his
frustration that what has been invested does not compare to what others have invested . He stated
his concern with the possibility that another business may want to come in and his frustration the
applicant doing things backwards and asking forgiveness . Mr. Tolison stated he did attend the
meeting in Brighton and the Planning Commission Hearing . In response to Commissioner Cozad ,
Mr. Tolison stated there is no mitigation that can help this situation and he objects. In response
to Commissioner Moreno . Mr. Tolison restated the headlights shine into his house outside the
proposed hours of operation .
a Barron Davis , SPO, stated he has pictures and letters from neighbors not able to be present
today. Commissioner Kirkmeyer interjected the request for Mr. Davis to submit the pictures by
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email to be made a part of the record . Mr. Davis began by reciting the Mission Statement for the
Department of Planning Services and stated for the record that this project does not enhance his
quality of life. He proceeded to read a letter that had already been submitted for the record and
included as an exhibit prior to the Hearing . Mr. Davis displayed photos to support the property
values in the area and pointed out the significant residential improvements and development . He
emphasized the homeowners in the area, including himself, are already there and have made
significant investments in these properties that surpass what the applicant has proceeded to
accomplish in violation . Mr. Davis asked the Planning Department to uphold the Mission
Statement and reported the road conditions in the area are already stressed with the light
residential traffic. He stated there are commercial properties for sale within view of the site and
furthermore, the applicant is a citizen of Adams County. Mr. Davis requested the application be
denied .
Jake Miller. Greeley resident, stated his support for Mr. Zambrano as he has worked with
him for many years and stated Mr. Zambrano is a very credible person and he hopes this situation
does not tarnish his name . In response to Commissioner Moreno, Mr. Davis stated he lives two
(2) miles north of Kersey.
Commissioner Cozad stated she would like to hear from the property owner.
<<`=I Chair Freeman recessed the hearing at 11 :42 a . m . for a short break.
Chair Freeman reconvened at 11 : 47 a . m .
a In response to Commissioner Cozad , Mr. Cox stated he would prefer to address the
concerns that were raised . Commissioner Cozad agreed ; however, stated she would like the
applicant available to speak if necessary .
Mr. Cox addressed the concerns of the neighbors . He began by explaining the distances to
adjacent properties that may have exceeded the 500 feet and therefore were not noticed or invited
to the neighborhood meeting . Regarding losing farm ground . Mr. Cox clarified there was no water
source when the property was purchased . He further stated that if semi-trucks come to the
property they would be in violation . Mr. Cox emphasized that the applicant has done everything
the County has identified as required for this site. He reviewed the proposed expansion and that
with the future expansion the total area of the improvements is not over three (3) acres and these
three (3) acres are centrally located on the parcel providing a good buffer to surrounding property
owners . Mr. Cox stated the many ways the applicant has followed the rules through the application
process and it is consistent with the County Code .
In response to Commissioner Moreno , Mr. Cox stated the violation was received in October
and that applicant came in to address it in November.
P In response to Commissioner Cozad , Mr. Cox stated the well is permitted for residential
because at this point the intention is to rent the mobile home to an employee or a third party and
to begin with it as a rental property. He clarified if later, they choose to convert it to an office, the
water source would need to be converted .
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In response to Commissioner Cozad , Mr. Cox stated he followed the minimum requirement
of 500 feet. Commissioner Cozad pointed out the minimum requirement is in relation to the
process of notification ; however, perhaps it would have been beneficial to extend the invitation to
all the adjacent landowners and surrounding property owners in the neighborhood . In further
response to Commissioner Cozad . Mr. Cox stated the expansion plans are included in the
application and they do not exceed the three (3) acres , as discussed .
In response to Commissioner Kirkmeyer, Mr. Zambrano stated he only had two trucks before
and they were parked at his residence. In further response, he stated his original intent was to
start with the business and later build a home . In response to Commissioner Cozad ,
Mr. Zambrano stated currently there are six (6) trucks parked there and a couple guys working
for him .
In response to Commissioner Cozad , Mr. Zambrano stated he met the neighbors and
everyone seemed nice. Mr. Cox pointed out the three (3) acres as being central in location on the
parcel . Mr. Cox further explained why they did not reach out to the other neighbors and
understands they may have been able to address some of the concerns if they had done that.
In response to Commissioner Moreno. Mr. Zambrano stated he has been in business for
two (2) years.
In response to Commissioner Kirkmeyer, Mr. Zambrano stated he purchased the property in
June of 2015. He further responded that it was not his intent to live in the mobile home and the
fence went up in phases. He clarified the wood fence went up in September of 2015. He stated
he received the violation notice in October.
In response to Chair Freeman . Mr. Cox indicated no concerns with the Conditions of Approval
or Development Standards .
In response to Commissioner Cozad , Ms . Light provided the Development Standard requiring
the well to be permitted as a commercial well if it is being used as a commercial well .
Commissioner Cozad clarified the well is being used for commercial use and needs to be
permitted as such . In further response to Commissioner Cozad , Ms . Lundquist agreed that an
Improvements Agreement needs to be added due to the number of truck trips.
Commissioner Cozad stated her appreciation for the applicants efforts to pursue the
application process to try to correct the violation and make things right. She further expressed her
appreciation for the public comments and presence . She emphasized the applicant should have
waited until this process was complete before beginning improvements because it has to be
compatible with the surrounding property uses and it would have given the applicant the
opportunity to take into consideration any input from the neighbors .
n
Commissioner Moreno asked if Commissioner Cozad is considering a continuance to allow
the applicant to meet with the public to work through the compatibility issues . Commissioner
Cozad stated she is not requesting a continuance but is willing to attempt to mitigate to address
the neighbor opposition .
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. Commissioner Kirkmeyer expressed her agreement with the comments of Commissioner
Cozad . She explained the procedures to be followed and that the burden of proof is on the
applicant. Commissioner Kirkmeyer stated property value is not a requirement but compatibility
is the issue and she clearly asked questions regarding intent: furthermore . it is apparent the intent
is not to live there but to run a commercial business and rent the mobile home . Commissioner
Kirkmeyer referred to the Weld County Code and Comprehensive Plan and cited Chapter 22 and
Chapter 23 , Sections 23-2-230 . B. 1 . Section 22-2-20 . G - A Goal 7 . Urban Development Goals 1 ,
2 . and 5 . and Commercial Development Goals 1 . 2 . and 5 . and Sections 23-2-230. B . 3 and
23-2-230 . B .4 and clarified that the application does not meet these requirements regarding
consistency with the goals herein or the requirement for compatibility with existing land uses or
future development for this particular area . She also stated she will not be supporting the
application for these reasons and with no reflection on the applicant or the business .
Commissioner Moreno stated he was hoping to find a way to mitigate for approval based on
the findings of the Planning Commission . He is re-evaluating .
Commissioner Cozad stated she is leaning toward not supporting due to the compatibility
issue and she reiterated the burden of proof falls on the applicant to meet all the criteria.
Commissioner Cozad stated she does not think the applicant can meet the requirement of minimal
or mitigated impact to surrounding properties as required in A Goal 7 of Section 22-2-20 . and as
read by Commissioner Kirkmeyer. For this reason , Commissioner Cozad stated she will be
opposing the application .
Chair Freeman stated his concerns regarding the possibility of mitigation to limit vehicles
and mitigate toward compatibility.
Pte- Commissioner Cozad is open to address the compatibility by making some suggestions
toward mitigation .
a. Commissioner Kirkmeyer stated mitigating may not be beneficial to the applicant.
2 Chair Freeman interjected agreement with Commissioner Kirkmeyer.
P Commissioner Kirkmeyer moved to deny the request of Red Oilfield Service , LLC , for a Site
Specific Development Plan and Use by Special Review Permit. USR16-0006. for Mineral
Resource Development Facilities . Oil and Gas Support and Service (office/shop and parking and
storage of vehicles and equipment) in the A (Agricultural) Zone District. The motion was seconded
by Commissioner Cozad . Commissioner Kirkmeyer stated it is correct that the Board is very
supportive of oil and gas in the County : however, the issue is compatibility and location .
Commissioner Cozad stated it is not compatible and the applicant made an error in moving
forward with building structures prior to approval . Commissioner Moreno referred to the Weld
County Code Chapter 23 . Section 23-2-230 and the statements from the Planning Commission
and stated he will not support the motion to deny. Chair Freeman stated he appreciated all that
has been said and requested a roll-call vote, which resulted in a 3- 1 vote to deny the application ,
with Commissioner Moreno in support of the application and Commissioners Cozad . Freeman
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and Kirkmeyer in opposition of the application . The motion to deny the application passed . There
being no further discussion , the hearing was completed at 12 : 39 p. m .
This Certification was approved on the 9th day of May, 2016 .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY . COLORADO
Ii G: � �11,O•t,�
ATTEST: 3 it Jct. _
Mike Freeman . Chair
Weld County Clerk to th Board
EXCUSED
` Sean P . Conway, Pro-Tern
Lice
BY: -v . G
Deputy Clerk to the Board
P Y � � Q
__ A. Cozad
AP EDR
/ «d te A--
,� :? ■_r:� • ara Kirkmeyer
Co ty Attorney
sL! , teve Moreno
Date of signature : 6/i LL.P
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