HomeMy WebLinkAbout20150089.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Euden and Bianca Balderrama - Case Number USR14-0039
Triple B Transport
Submitted or Prepared
Prior to At
Hearing Hearing
1 SPO LETTERS - NANCY WINCHER REC'D 7.30.2014 X
2 SPO LETTERS - MARVIN & DEBRA GILBERT, REC'D 8.4.2014 X
3 SPO LETTERS - MR AND MRD SAMUEL CARDILLO, DATED 7.29.2014 WITH X
PHOTOGRAPHS
4 MINERAL NOTICE X
5 REQUEST FOR CONTINUANCE, DATED 10.7.2014 X
6 LETTER OF OBJECTION FROM KERR MCGEE ONSHORE, DATED 9.30.2014 X
I hereby certify that the items identified herein were submitted to the Department of Planning Services
at or prior to the scheduled Planning Commissioners hearing.
mActi,:t
Kim Ogle Cl Planner
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RECEIVED
- - _ - JUL 3 0 2014
- - - • -- Weld County Panning Department
GREEIEY OFFICE
EXHIBIT
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Marvin and Debra Gilbert RECevEts
8480 County Road 31
Fort Lupton, CO 80621
AUG 04 z0
Weld Cunt 14
July 31 , 2014 CREEL cuing pa.,
OFFICE Intent
Department of Planning Services
Attn: Kim Ogle
1555 North 17`h Avenue
Greeley, CO 80631
RE: Case Number USR14-039 and AmUSR-64
Euden Balderrama
We are expressing our concerns regarding the proposed USR for Oil and Gas
Support and Service Facility (Trucking Company) in the Agricultural Zone District.
We will address each item as follows:
1 . Water for Site Use. If the well is approved it should be drilled immediately so as to
have bathroom facilities for the drivers. Who will monitor use for truck washes, etc.?
2. Adequate Sewage Disposal. The septic should be installed immediately for the
same reasons.
3. Drainage. No objections to water drainage plan if it is implemented. Also would
request that they not be allowed to blow out the vac trucks on site as this causes
contamination to the area; as they have done in the past.
4. Traffic Narrative. No objection .
5. Waste Handling Plan.
a. List of waste generated on site. No objection if disposed of weekly.
b. List and volume of stored chemicals on site. The amounts listed are very low.
If 15 trucks are allowed that would be at least 400-500 gallons of various oils and
coolants per servicing cycle.
c. Waste handlers. No objection.
6. Dust Abatement Plan. Parking area should be paved in non dust generating
materials. Materials listed are dust generating and only adequate for minimal use.
Now concerning the number of trucks to be allowed in a rural residential area, we
believe this is way to many. The impact of 2 or 3 units as they began, is substantially
different than the proposed number. It would seem this intense a usage would be more
appropriate in a strictly commercial zoning or clear away from any residential areas.
Also, how is this going to be controlled? Is the county going to count the trucks every
EXHIBIT
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2
Department of Planning Services
Case Number USR14-039 and AmUSR-64
Page 2
day? Also, it appears that some of the trucks currently being parked there are not even
Euden Balderrama's.
As stated in the Questionnaire; this is not a farm or ag use. The comparison with
a farmer is ludicrous. What farmer starts up 15 diesel engines every morning; 7 days a
week?
We feel that the hours of operation are a disruption to the peace and quiet of the
neighborhood, especially the Saturday and Sunday hours, as in the past they have not
even complied with the hours of 6 am to 10 pm which are being applied for.
If this is approved we believe that trees should be planted all along the west
fence line of the property as a noise and dust buffer.
If this is so unintrusive, why are the owners waiting 7 years to build their house!
Finally we feel that if this is approved the owners should build the house within a year in
order to be there onsite to police and monitor their drivers; 84 months is ridiculous.
With the time frame they have outlined it is only going to be a truck parking area, which
is not what the ag zoning designation is intended to be.
One last item, we question if they are not present on site will they continue to
have people, presumably their drivers, living in travel trailers as is currently happening.
In closing we would request that this USR either not be approved or it be
amended extensively as per our concerns. Thank you for you attention to our concerns
Sincerely,
\idieleA
Marvin and Debra Gilbert
Mr. and Mrs. Samuel Cardillo
8478 WCR 31
Fort Lupton, CO 80621
July 29, 2014
Department of Planning Services
Attn: Kim Ogle kogle@weldgov.com
1555 N. 17th Ave, Greeley, CO 80631
RE: Case Number USR14-0039 and AmUSR-64
Name: Euden Balderrama
This letter is in regard to our objection to the above reference Proposed Project:
USR for Oil and Gas Support and Service Facility (Trucking Company) in the
Agricultural Zone District. The location is directly in the back of our home that sits
on 10 acres.
We are one of the many concerned families in the area regarding this request. This
property is close to several residential properties. We purchased our property to be
in the country on an agricultural property, not to be living directly next to a
commercial trucking company.
At this present time this property has 3 campers, which are looking to be lived in or
in the least being used for personal use, along with at least 9 trucks that come and
go at very early hours in the morning (4am). Our neighbor's directly in front of us,
Dale and Theresa Dexter that are farther from the property than we are have
already filed a complaint with the County on this. The permit is asking for 15 trucks,
15 employees, and outside storage.
Who will provide security for my property and family? Our property is not
commercial and sits directly next to the property in question less than 500FT. Who
is to provide noise control and dust control for my family and property? Having 15
trucks start-up on a cold morning is going to be obnoxiously loud. There are no
plans for landscaping so our view will be semi trucks and trailers along with
workers coming and going. Who will provide the waste management with motor
spills, diesel spills, anti-freeze spills and human waste? The runoff will be
dangerously close to my house and family.
We have had this discussion before with the property on the other side of our house
directly to the west (Oscar Favela previous owner) and
EXHIBIT
I
As a taxpayer with a custom home built with landscaping and barn for our horses
we will never be able to recoup our investment for what it is worth if we are
surrounded by this type of environment.
Some of our other concerns are listed below:
• 15 semi cabs or trailers are more than most truck stops allow, and are too
many.
• No development plans for security, dust control, noise control, and
destruction of the value of our property.
• The high volume of traffic now would increase and become a safety issue.
• We have children and the safety of them in this area with 15 employees
accessing the property right in front of us is alarming!
• The air and noise pollution will increase dramatically.
• The well water may get contaminated due to the commercial use of this
property.
• The property value of our home and land will decrease exponentially.
Due to all of these issues listed above, our children and the safety of them in this
area has been decreased and will continue to be compromised if this Permit is
granted. I have included photos from our back porch as to what we are viewing
today which is the area they are proposing to increase the size of their commercial
operation. There is an industrial park less than 5 miles away that is built to
suit this type of commercial ask. Having this even considered in an
Agricultural Community surrounded by residents is very disturbing.
We have retained legal council to pursue this if this Permit is granted. We hope the
County will work with all parties to ensure that the right thing is done for those that
have invested in living in Weld County. For your convenience, we can be reached at
303-710-3832 if you need to discuss these circumstances with us.
Regards,
Samuel T. Cardillo
Amber M. Cardillo
Amber Cardillo (acardill) <acardill@cisco.com>B August 3, 2014 1 06 PM
lb Amber Cardillo <acardillo@earthlink.nel>
(No Subject)
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CERTIFICATION
RI F,: NOTIFICATION ION OF MINERAL INTEREST OWNERS AND LESSEES
The undersigned Applicant certifies compliance with the provisions of C. R.S. § 24-
65 .5 - 103( l ), and in support thereof, states and certifies as follows:
1 . That Applicant has provided notice, (a copy of which is attached hereto
as Exhibit "A "), containing the time and place of the initial public hearing on its
application for Case Number USRI4-0037, the nature of the initial public hearing, the
legal description by section, township and range of the property which is the subject
of the initial public hearing and the name of the applicant;
2. That said notice was provided thirty (30) days prior to the
scheduled public hearing, that it was provided by certified mail, return receipt
requested, or by a nationally recognized overnight courier;
3. That said Exhibit A includes the list of the names and addresses of
the surface owners, mineral estate owners and lessees of mineral interests to whom
the notice was sent, including those persons who have requested receipt of such
notices, pursuant to C,R.S, § 24-65.5- 103(3 ).
APPLICANT: ,
Larry tio1 , J , (( w ier's Agent). 41
The Carroll Group, 1 _C
lEuden & Bianca Iii derrama (Owner)}
State of Colorado )
) ss.
County of Weld )
Subscribed and sworn before the this 9_ day of September, 2014
Witness my hand and Seal . /M .
t4 ..
Notary Public l ip. M. ' G'o ‘t
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M.y commission expires =7 �Z� � f i •
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EXHIBIT ���`� o=• "coyo� r welk W3 'J
My Commission Expires _ � n
4-
NOTICE OF SURFACE DEVELOPMENT
Pursuant to C.R.S. § 24-65.5 . 103
Pursuant to C.R.S. § 24-65.5- 103, the following notice of surface development is
provided for Case Number: USRI4-0039. There will be a Public Hearing before the
Weld County Planning Commission on October 7, 2014, at 1 :30 p.m. in the Weld
County Administrative Building, 1150 O St., Greeley, CO 80631 .
I . Applicant: Euden Balderrama
Triple B Transport
2. Case No.: USR14-0039
3. Time and Place of the Initial Public Hearing: October 7, 2014 at 1 :30
p.m., Weld County Administrative Office, 1150 O St., Greeley, CO 80631
4. Nature of the Hearing: The Weld County Planning Commission shall consider
A Site Specific Development Plan and Use by Special Review Permit
For a Commercial Trucking Facility, Storage Yard, Truck Service and
Maintenance Building in the A (Agricultural) Zone District.
5. Location and Legal Description of the Property:
Part of SE4 of Section 22, T2N, R66W of the 6th P.M., County of Weld State of
Colorado
Located North of and Adjacent to County Road 18 and East County Road 31
You may have an interest in the minerals located under the property.
For additional information, please write or telephone Kim Ogle, Planner, at
970-353-6100, extension 3549, Weld County Department of Planning Services,
1555 North 17`h Avenue, Greeley, CO 80631 .
Comments or objections related to the above request should be submitted
in writing to the Department of planning Services, 1555 North 17th Avenue,
Greeley, CO 80631
DATED: 9/5/0
-roll, Jr Owner's Agent
Euden Balder ma, Property
Owner
EXHIBIT A
MAII..iNG LIST'
Mineral Leasehold Interests
Noble Energy, Inc.
Attn: Wattenburg Land Department
1625 Broadway, Suite 2000
Denver, CO 80202
Kerr-McGee Oil and Gas Onshore LP
Attn: Land Manager/ Wattenburg
1099 18`1 Street 111500
Denver, CO 80202
K.P. Kauffman Company, Inc. (KPK)
1 675 Broadway, Suite 2800
Denver, CO 80202
Mineral Owners
No Owners of record entitled for notification
ZEREN LAND SERVICES
Oil and Gas Title Services
P.O. Box 336337 Phone (970) 351 -0733
Greeley, CO 80633-0606 Fax (970) 351 -0867
LIST OF MINERAL OWNERS AND MINERAL LESSEES for NOTIFICATION
(Euden and Bianca Balderrama Property)
Subject Property:
Township 2 North , Range 66 West, 6th P. M. , Weld County, CO
Section 22: Lot B of Recorded Exemption No. 1309-22-3 RE-4704 ,
recorded May 30 , 2008 under Reception No. 3557405, being
a part of the SW'%
Zeren Land Services, an oil and gas title research company, states that to the
best of its knowledge the following is a true and accurate list of the names and
addresses of the mineral owners and mineral leasehold owners entitled to notice under
the Surface Development Notification Act, Colorado Revised Statutes §24-65. 5- 101 , et
seq. in the Subject Property based upon the records of the Weld County Assessor and
Clerk Recorder as of August 27, 2014 at 7:45 a. m. :
Mineral Owners: Mineral Leasehold Owners :
None (entitled to notice) Noble Energy, Inc.
Attn: Wattenberg Land Department
1625 Broadway, Suite 2000
Denver, CO 80202
Kerr-McGee Oil & Gas Onshore LP
Attn: Land Manager/ Wattenberg
1099 18th Street, #1500
Denver, CO 80202
K. P. Kauffman Company, Inc. (KPK)
1675 Broadway, Suite 2800
Denver, CO 80202
Dated this 4th day of September, 2014 .
ZEREN LAND SERVICES 4By/Cynthia A. E. pren , CPL
Certified Professinal Landman #4044
Pagel of 2
At the request of The Carroll Group, Ltd. ("Client"), Zeren Land Services, an
independent land consulting firm, has prepared the foregoing list of mineral estate
owners entitled to notice under the Surface Development Notification Act, Colorado
Revised Statutes §24-65 .5- 101 , et seq.
Zeren Land Services, searched (1) the records of the Weld County Assessor relating to
the Subject Property for persons identified therein as mineral estate owners, and (ii) the
records of the Weld County Clerk and Recorder relating to the Subject Property for
recorded requests for notification in the form specified in the Surface Development
Notification Act. The results of these searches are set forth above in this List of Mineral
Owners Entitled to Notice. At the date of the search, the records of the Assessor and
the Clerk and Recorder were posted through August 27, 2014 at 7:45 A. M.
Zeren Land Services, agreed to prepare this listing for the Client only if the Client
agreed that the liability of Zeren Land Services, would be strictly limited to the amount
paid by the Client for such services. Zeren Land Services, makes no warranty, express ,
implied or statutory, in connection with the accuracy, completeness or sufficiency of
such listing of mineral estate owners. In the event the listing proves to be inaccurate ,
incomplete, insufficient or otherwise defective in any way whatsoever or for any reason
whatsoever, the liability of Zeren Land Services, shall never exceed the actual
amount paid by Client to Zeren Land Services, for the listing.
In order to induce Zeren Land Services, to provide such services, Client further agreed
to indemnify and hold Zeren Land Services, its managers, members and
employees, harmless from and against all claims by all persons (including, but
not limited to Client) of whatever kind or character arising out of the preparation
and use of each such listing of mineral estate owners, to the extent that such
claims exceed the actual amount paid to Client by Zeren Land Services, for such
listing. Client specifically intends that both the foregoing limitation on liability and
foregoing indemnification shall be binding and effective without regard to the cause of
the claim, inaccuracy or defect, including, but not limited to, breach of representation ,
warranty or duty, any theory of tort or of breach of contract, or the fault or negligence of
any party (including Zeren Land Services) of any kind or character (regardless of
whether the fault or negligence is sole, joint, concurrent, simple or gross). Client's use
of this listing evidences Client's acceptance of, and agreement with, this
limitation on liability and the indemnification.
ZEREN LAND SERVICES
•
Date: September 4 , 2014 By: _ � f -
Cyp hia A. E . Zerph, as President
Page 2 of 2
s61 ";
MEMORANDUM
3147.` -eicJ� To : Planning Commission
`. . _ . 't Y c From: Kim Ogle, Planning Services ka
��G 0 �!`! -� g
Subject: USR14-0039, Balderrama
Request for Continuance
Date: October 7, 2014
The Department of Planning Services on behalf of the applicant, Euden and Bianca Balderrama
and the applicant's representative, Larry Carroll , Jr. , with the Carroll Group, Ltd. , are
requesting a continuance of USR14-0039 for a Site Specific Development Plan and Use by
Special Use Permit for any use permitted as a use by right, an accessory use, or a use by
special review in the commercial or industrial zone districts (heavy equipment - trucking and
truck repair shop along with outside equipment/vehicle storage and staging) , provided that the
property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan
filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone
District due to an unforeseen medical emergency.
Planning staff is requesting this case be continued until the November 4, 2014 Planning
Commissioners hearing docket.
SERVICE, TEAMWORK, INTEGRITY, QUALITY
EXHIBIT
KERR-MCGEE OIL & GAS ONSHORE LP 1099 18TH STREE r, SUITE 1800 • DENVER, COLORADO 80202
Kerr-A/Wee
September 30, 2014
VIA E-MAIL
Weld County Department of Planning Services
Mr. Kim Ogle, Planner
1555 N. 17E ' Avenue
Greeley, CO 80631
bgle@weldgov. com
Re: USR14-0039
Euden Balderrama — Applicant
Township 2 North, Range 66 West. 6th P.M.
Section 22: part of the SW/4
Weld County, Colorado
Dear Mr. Ogle:
This letter is being sent by Anadarko Petroleum Corporation on behalf of its subsidiary
Kerr-McGee Oil & Gas Onshore LP ("KMG") to inform you KMG is the owner of valid oil
and gas leases underlying all or parts of Section 22, Township 2 North, Range 66 West, for
which Euden Balderrama ("Applicant") is seeking approval of a request for a site specific
development plan and special review permit for a mineral resource development facility
including oil and gas support in the A Zone District on the Property. KMG is submitting this
comment and objection timely, in accordance with State of Colorado and the County's
procedural requirements.
KMG's recorded oil and gas leases are real property interests entitling it to produce oil
and gas from the leased lands. The company has the right to produce from existing wells, to
maintain, rework, recomplete, and fracture those existing wells to enhance production, and to
drill new wells to produce oil and gas, in accordance with applicable Colorado Oil and Gas
Conservation Commission regulations and Colorado Statutes. KMG's oil and gas assets have
significant value, and the company is consequently concerned about any development, surface
use, plan of use, PUD, zoning or rezoning, or other action by the County that would impair or
preclude its ability to develop its property.
KMG's preferred practice is to meet with surface owners and attempt to conclude a
mutually acceptable surface use agreement. In this case, KMG has spoken with the applicant
and will begin negotiations with the surface owner, but an agreement has not yet been reached.
KMG must object to any approval by the County for the Applicant's plans that fail to fully
accommodate KMG's right to explore for, develop and produce oil and gas from its leasehold
interests. KMG requests that the County withhold final plat approval until such time as the
Applicant and KMG have concluded the surface use agreement. Any future surface
EXHIBIT
A SUBSIDIARY OF ANADARKO PETROLEUM CORPORATION L�{4--"C3g
I
Weld County Department of Planning Service
USRl4-0039 -- Euden Balderrama
September 30, 2014
Page 2
development plans should incorporate and designate lands to be set aside for mineral
development and expressly provide protection for KMG's current and future wells, pipelines,
gathering lines and related oil and gas facilities and equipment. Weld County has a
constitutional obligation to ensure that the property rights of mineral interest owners are
accommodated in its land use planning process. Approval of any surface development plan
that forecloses the rights of mineral owners may be a compensable taking.
Please contact me at 970-515-1180 if you have any questions or comments about this
matter. KMG hopes to conclude a mutually acceptable surface use agreement with the surface
owner of the property, and we look forward to working with the County to accomplish their
land use planning goals.
Sincerely,
KERR-MCGEE OIL & GAS ONSHORE LP
Dave Haertel
Staff Landman
cc: Susan Aldridge, Esq
Ron Olsen — Kerr-McGee Oil & Gas Onshore LP
Mike Brotzman — Kerr-McGee Gathering LLC
Euden Balderrama,— Applicant (triplebtrans t@gmail.com)
Hello