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Home My WebLink About20152213.tiff RESOLUTION RE: ACCEPT REQUEST OF KENNETH AND SANDRA BROOKER C/O CRISWELL TRUCKING, LLC, TO WITHDRAW APPLICATION FOR A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR15-0018, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS SUPPORT AND SERVICE (TRUCK PARKING AND STORAGE OF OIL AND GAS CONSTRUCTION AND MAINTENANCE EQUIPMENT) IN THE A (AGRICULTURAL) ZONE DISTRICT 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, the Board of County Commissioners held a public hearing on the 5th day of August, 2015, at the hour of 10:00 a.m., in the Chambers of the Board for the purpose of hearing the application of Kenneth and Sandra Brooker, 9943 CR 13, Longmont, CO 80504, c/o Criswell Trucking, LLC, P.O. Box 93, Baggs, WY 82321, for a Site Specific Development Plan and Use by Special Review Permit, USR15-0018, for Mineral Resource Development Facilities, Oil and Gas Support and Service (truck parking and storage of oil and gas construction and maintenance equipment) in the A (Agricultural) Zone District on the following described real estate, to-wit: Lot 7 of Buffalo Acres; being part of Section 13, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, on August 5, 2015, the Board was presented with a letter, dated July 8, 2015, from the applicant requesting the withdrawal of the application, due to the unfavorable recommendation of the Planning Commission, the expense of the Improvements Agreement, and the access point required by the Town of Firestone, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to grant the applicant's request and thereby accept the withdrawal of the application. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Kenneth and Sandra Brooker, do Criswell Trucking, LLC, to withdraw the application for a Site Specific Development Plan and Use by Special Review Permit, USR15-0018, for Mineral Resource Development Facilities, Oil and Gas Support and Service (truck parking and storage of oil and gas construction and maintenance equipment) in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, accepted. 2015-2213 C : £ ifp -- $�� PL2359 ACCEPT WITHDRAW REQUEST USR APPLICATION - KENNETH AND SANDRA BROOKER, C/O CRISWELL TRUCKING, LLC (USR15-0018) PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of August, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COL RADO ATTEST: dactAt4) C '•� • 4barairkmey/ ir Weld County Clerk to the Board 11\kA92-(1- //]] Mike Freeman, Pro-Tern BY: O.QlLQJ � �—. De uty Clerk to the Bo rd �� r. 1L. Sean Conway R : 4$.t 0%,_( AP RM: I TO �i ( -• =�Nellie A. Cozad County Attorney I, Pr - � M ®� °� Steve Moreno Date of signature. �� 2015-2213 PL2359 0 Diana Aungst, AICP, CFM Planner II Weld County Department of Planning Services 1555 N . 17th Ave Greeley, CO 80631 Diana, I am hereby withdrawing my application for Use by Special Review for the property belonging to Ken Brooker near the intersection of WCR13 & WCR22. I have been thoroughly displeased with the entire process of applying for this permit and feel that Ken and I have been getting the run around since day one. We were initially assigned a planner and were carrying forth with our commitments when that planner quit without her or anyone with the Weld County Department of Planning letting us know. We where then assigned another planner who would leave the department before we even got a chance to meet her. We then were assigned our 3rd planner who would leave the dept. after meeting with me once. We • where then assigned Diana Aungst who has helped us with the case very much in the later steps of the process. When Ken and I met with City of Firestone, Colorado regarding our USR application Mrs. Toberman treated us with little respect. Among the initial introductions and greetings she blatantly asked if Mr. Brooker would be interested in annexing his properties into the City of Firestone. He politely declined. She went on to tell us that the City of Firestone could be very helpful in us getting to use the property how we needed if he were to annex in. Mr. Brooker declined. At this point I felt extorted and 00 disrespected. I do not believe that was an ethical move on Mrs. Toberman's part. Also regarding the City of Firestone and their Firestone Trail project, which crosses in front of the Brooker property in question, we where asked to pay for the trail (curb, gutter, and sidewalk) to be reinforced to handle the weight of our equipment to pass over it. I have clearly stated multiple times throughout the USR application that we never enter or exit the property loaded, and that there are two active oil wells that use the same road we use. My point is this; our empty trucks have little to no potential to damage the sidewalk. However, there are trucks coming and going servicing the oil wells weekly that carry much more weight than my empty trucks would, so it would be in the best interest of Firestone to reinforce there sidewalk at that point to protect the taxpayers investment regardless if we are parking there or not. 0 As for the letters written by neighbors, I am a man of integrity and did not want to inconvenience them in any way. When cold weather approached last fall I purchased a $25000 hospital grade (meaning it is quiet enough and is tier four interim emissions which makes it clean and quiet enough run auxiliary power for a hospital) generator to power the engine block heaters on my trucks. This enabled me to avoid running the trucks all night in cold weather to minimize the disturbance to the area. I also made it very clear that there was no fluid changes on the premises to affect the environment and that there was no refueling at that site, because the cost of getting a fuel tank and containment was much greater than the convenience of onsite fuel. All in all Criswell Trucking, LLC was a good neighbor. I believe that some of Mr. Brooker's neighbors would complain if they had won the lottery. They seemed to have nothing better to do but be concerned with other peoples business and lie to make it seem like they are victims. I did everything I could to be as little of an impact to the area as I could. Sincerely, H . Chaunce Criswell Criswell Trucking, LLC PO Box 93 • Baggs, WY 82321 (307) 220-4718 chaunce.criswell@gmail.com 0 Karla Ford om: Diana Aungst ent: Wednesday, July 08, 2015 1:14 PM To: Michelle Martin; Kristine Ranslem; Karla Ford; Esther Gesick; Bethany Pascoe; Brad Yatabe Subject: FW: Please confirm the withdrawal of this case Have the written withdraw below. © Diana Aangst. AI( 'P. ( 'FM Planner ll Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 970-353-6100 ext. 3524 Fax: (970) 304-6498 daungst(a)weldgov.corn www.weldgov.corn MP L °Jk4 - - © © Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents his communication or any attachments by anyone other than the named recipient is strictly prohibited. From : ken@kenspaint.com [mailto:ken@kenspaint.com] Sent: Wednesday, July 08, 2015 11 :36 AM To: Diana Aungst Subject: Re: Please confirm the withdrawal of this case Yes I want to withdraw my application Sent from my Verizon 4G LIE Smartphone Original message From: Diana Aungst Date: Wed, Jul 8, 2015 10:27 AM To: ken@kenspaint.com;chaunceA criswelltruckingllc.com; Cc: Michelle Martin; Subject: Please confirm the withdrawal of this case Ken and Chaunce: Please confirm that you wish to withdraw this case. Simply reply yes to this email. Thanks, 'una Aungst. A K 'P. ( 'EM nner ll 1 Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 970-353-6100 ext. 3524 Fax: (970, 304-6498 ioww aungst(U weldgov.corn .weldgov.corn +phi 1 ti r • - k — - Li svl aoice Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. i • III 2 Karla Ford 'Porn: Diana Aungst ent: Tuesday, July 07, 2015 2:24 PM To: Karla Ford Cc: Tisa Juanicorena Subject: RE: USR15-0018 has withdrawn He doesn't want to pay to install the improvements to the road and access point the Firestone will require — too expensive. And staff was recommending denial. Diana A ungst, AICP, CFM Planner II Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 970-353-6100 ext. 3524 Fax: (970) 304-6498 daungst(c�weldgov.corn www. weldgov.corn ....1/4 titaihsere £ 1 © © ID 0 nfidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed d may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From : Karla Ford Sent: Tuesday, July 07, 2015 10: 32 AM To: Diana Aungst Cc: Tisa Juanicorena Subject: RE : USR15-0018 has withdrawn Diana, When you get the letter, please forward a copy to us for our file and for the resolution. What is the reason he is withdrawing? Thanks ! Karla Ford X Deputy Clerk to the Board 1150 O Street/P. O. Box 758 Greeley, CO 80632 tel: (970)336-7215 X4228 18,0 • .,. - -, vi.-7- 1 ,-;-! • Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 rom: Diana Aungst nt: Tuesday, July 07, 2015 10:25 AM To: Kristine Ranslem; Wayne Howard; Bethany Pascoe; Michelle Martin Cc: Esther Gesick; Karla Ford; Tom Parko Jr.; Jennifer Petrik; Chris Gathman Subject: USR15-0018 has withdrawn All: USR15-0018 has withdrawn per a phone call I had with Ken Brooker today at 9:20 a.m. He said he will sign a letter of withdraw and send it back to me if I send it to him via snail mail. He would like to know if he can have his application fee refunded. Diana Aungst, AICP, CFA' Planner II Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 970-353-6100 ext. 3524 Fax: (970) 304-6498 daungst(cDweldgov.corn www.weldgov.corn - Li /` j © ©V a4 , • Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for theperson or entity to which it is addressed g and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 111 Hello