HomeMy WebLinkAbout20141229.tiff HEARING CERTIFICATION
DOCKET NO. 2014-23
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR14-0002, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING
OIL AND GAS SUPPORT AND SERVICE FACILITY (STORAGE AREA FOR OIL AND
GAS PRODUCTION CONTROL UNITS AND OTHER WELL SITE RELATED
EQUIPMENT, PARKING FOR EMPLOYEE VEHICLES AND COMMERCIAL TRUCKS
AND A 13,600 SQUARE-FOOT FIELD OPERATIONS BUILDING) IN THE
A (AGRICULTURAL) ZONE DISTRICT— CIRCLE B LAND COMPANY, LLC
A public hearing was conducted on April 16, 2014, at 10:00 a.m., with the following present:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem - EXCUSED
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner William F. Garcia
Also present:
Acting Clerk to the Board, Susan Brown
County Attorney, Bruce Barker
Planning Department representative, Diana Aungst
Public Works representative, Don Carroll
Health Department representative, Lauren Light
The following business was transacted:
IR I hereby certify that pursuant to a notice dated March 14, 2014, and duly published
March 19, 2014, in the Greeley Tribune, a public hearing was conducted to consider the request
of Circle B Land Company, LLC, for a Site Specific Development Plan and Use by Special
Review Permit, USR14-0002, for a Mineral Resource Development Facility, including Oil and
Gas Support and Service Facility (storage area for oil and gas production control units and other
well site related equipment, parking for employee vehicles and commercial trucks, and a
13,600 square-foot field operations building) in the A (Agricultural) Zone District. Bruce Barker,
County Attorney, made this a matter of record.
Chair Rademacher advised Stephanie Sigler, Ripley Design, Inc., representing the
applicant, that, since Commissioner Kirkmeyer was not able to be present, she had the option of
continuing this matter to a date with the full Board present. However, if she decides to proceed
today, it will require three affirmative votes, or in the case of a tie vote, Commissioner Kirkmeyer
will listen to the record and make the determining vote. Ms. Sigler indicated she would like to
proceed.
El Diana Aungst, Department of Planning Services, presented a brief summary of the
proposal and entered the favorable recommendation of the Planning Commission by a 6-2 vote
into the record as written. She reviewed surrounding land use; the closest residence is 250 feet
of the south property line. She said staff received two letters from surrounding property owners
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before the Planning Commission Hearing, and five afterwards, objecting to this proposal due to
traffic noise and safety, dust, health issues, aesthetic incompatibility, and reduced property
values, and she showed images of the area. There was discussion of the location of a nearby
subdivision. She displayed the original site plan showing the storage area, noting this was
discussed by the Planning Commission and the size of the storage area subsequently reduced
and screening was added around the truck parking area. She pointed out the nearest
residences on the aerial view and the approved access (which is as far north from the
intersection as possible).
El Don Carroll, Department of Public Works, provided a brief overview of the transportation
plans and requirements and reviewed traffic counts. He noted that there is a bridge structure
33/68A on CR 33 over the Greeley #2 Ditch. He indicated there will be around 25 employees
driving company owned pick-ups for their shifts in addition to ten (10) miscellaneous vehicles in
addition to those, with an estimated 60 round trips per day, and a Road Improvements
Agreement is requested.
E Commissioner Conway addressed a letter sent to the Board from Principal Jeff Clark of
Eaton School District RE-2, regarding school route concerns, including road damage on State
Highway 392 and CR 33. Janet Lundquist, Department of Public Works, said that she will
contact CDOT regarding that, as the damage is in their right-of-way, but noted the County can
only encourage them to make repairs. Ms. Lundquist said she would research the history of
complaints to the County regarding CR 33.
IR Ms. Lundquist said the type of vehicles utilized will be passenger vehicles, 60 trips per
day, or 10 per hour, is not significant to create a traffic jam at this location, the change in shift is
during peak hour traffic, but is not something that should lower the level of service at the
intersection. She reviewed the traffic counts and traffic accident data. She referenced CDOT's
triggers for signals and turn lanes; this intersection is nowhere near capacity and site distance
and other factors are considered before signal placement. Ms. Lundquist said she has heard
about the problems with school bus stops on SH 392.
Lauren Light, Department of Public Health and Environment, stated the applicant needs
an engineer-designed septic system for a commercial shop and office with 25 employees, to be
installed prior to a Certificate of Occupancy. She reviewed the Waste Handling Plan, and said
there will be no oil changes or equipment washing at the site, and noise is restricted to the
non-specified zone levels.
la Ms. Sigler reported they hosted a neighborhood meeting a week prior to the Planning
Commission hearing, and unfortunately no one showed up. She said the company went door-
to-door and handed out flyers to inform neighbors of the meeting, but opposition was primarily
heard at the Planning Commission hearing. She reviewed the reasons this piece of land was
selected for this project, and showed a diagram of how this site is centrally located to their lease
locations and a mock-up of what the buildings will look like; her PowerPoint presentation was
entered into the record as Exhibit I. She said there will be nine (9) employees coming to and
from work during the peak traffic hours, as well as 13 pumpers that will drive to and from the site
once a week, so the traffic numbers given are for the worst-case scenario.
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John Ed Singleton, Bill Barrett Corporation, explained Lease Operators/Pumpers are
employees that travel to the well sites to check on them. Ms. Sigler described the shop area
and what work will be done onsite and reiterated that the storage area was reduced from six (6)
to 1.2 acre in order to accommodate the neighbors and there will be no large semi trucks onsite.
She said the gravel area is also smaller and will reduce the need for dust mitigation. She said
the normal hours of business operation are 7:00 a.m. - 5:00 p.m.; however, there is
occasionally an employee who arrives early or stays late. She showed the updated site plan
and landscaping screening with shrubs to create a visual buffer for the neighbors across the
street. In response to Commissioner Conway, Boland Evans, architect, confirmed the highest
point of the shop is 19 feet, and the office building is lower, around 14 feet. He said that 10 feet
of additional right-of-way was reserved along CR 33 and will allow the County to enlarge the
road someday. Ms. Sigler showed an image of what the new, higher quality, vinyl slatted fencing
will look like, and confirmed it will withstand wind and weather. She showed a digital mock-up of
what the site will look like and its distance from the intersections and residences, and noted this
parcel is a similar size to the surrounding residential lots. Ms. Sigler summarized the proposal,
cited other possible future uses of the parcel (which would not require a USR), and stated there
will be no air, noise, or light pollution.
le Ms. Lundquist briefly reviewed the complaint/accident history of the intersection, noting it
is relatively low.
le Kim Dicken, the closest property owner, expressed concern about having the mailboxes
on the west side of the road because of the high traffic; she would like them moved to the east
side for safety. The Board informed Ms. Dicken she would have to contact the Postmaster in
regard to that. She also expressed concerns about increased traffic and large trucks and an
insufficient turn lane radius in the intersection. Chair Rademacher said this issue is
Countywide, and this intersection is the State's purview. IR Ms. Lundquist explained CDOT
does have a plan to improve safety on SH 392, and, if Bill Barrett meets the triggers there is a
requirement in the Road Improvements Agreement to create turn lanes. CDOT's contact
information was provided and Ms. Lundquist said she would put this on the Transportation
Capital Improvement Program (CIP) list. Commissioner Conway said SH 392 is becoming a
major east/west arterial route and the County is aware of traffic issues. Ms. Dicken said a chain
link fence as long as her property will be her new view, and Chair Rademacher replied the
landscaping will be on the east side and it is unlikely there will be any need for noise mitigation
and confirmed there is a lighting plan for mitigation of light pollution.
la Karen Lohmann, surrounding property owner, put a letter from a surrounding property
owner that could not attend today into the record, Exhibit G, as well as photos, Exhibit E, and a
neighborhood petition, Exhibit F. She read a prepared statement of opposition for the Board
and requested clarification of the actual use of the property. She asserted differences between
the verbal descriptions and the written descriptions of the project and expressed concern about
her easement and daily trips exceeding what the applicant is claiming. There was further
discussion of the easement. Ms. Lohmann described several vehicular accidents witnessed on
the road and said single family homes and heavy industry are not compatible. Commissioner
Conway referred to an image of a vehicle accident and confirmed the date. In response to
Chair Rademacher, Ms. Lohmann explained why she did not attend the community meeting.
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Jason Wolfe submitted a document, Exhibit H, confirming his authority to speak for Arvene
and J.R. Caton, surrounding property owners, as to their opposition to this project due to
incompatibility with the existing agricultural and residential character of the area. He stated
private property rights are not limitless; there is a responsibility to protect the community's
health safety and welfare, and he recommended denial.
le Mary Dunn, farm owner on CR 33, said her property has been in her family since 1918,
this is a rural and agricultural area not compatible with industrial use, and she concurred with
previous concerns.
Fl John Johnson said he owns a feedlot a mile further north down the road and does not
have any of his large delivery or other trucks try to take the turn onto SH 392. He described
problems with the intersection, noting that more traffic will be moving north to south because of
the houses being built, and also said large pickups can be more dangerous than semi's. He
asserted they will have semis at this location, because of deliveries, etc.; he knows this because
he has those same concerns running his own business. In regard to the community meeting, he
said did not want to meet with legal representatives, but with the owners and operators and
asserted the real-world uses of this facility are being misrepresented.
(Clerk's Note: The meeting was adjourned from 12:00 p.m. until 1:35 p.m. in order for the Board
to attend another commitment)
Fl Dustin Winter, County resident, spoke in opposition to this USR. He said he hears backup
beepers day and night and he can't enjoy his property because of the oil and gas industry in
residential areas. He said he feels he has no property rights in Weld County except for the right
to litigation.
IR Linda Adams-McKee said she grew up in the farmhouse across the street from this USR,
and now lives just south of the intersection being discussed. She wants as much land as
possible to remain in agriculture and did not come to the community meeting because there was
nothing the company could say to change her mind. She said there are other convenient
properties available; they just are not as cheap in an industrial zoned area. She talked about
land values, agriculture and development. She invited the Commissioners to visit the site,
claimed the maps used by the applicants are distorted, and stated any opportunity to preserve
agriculture should be taken, because agriculture will keep the County viable.
Fl Michelle Burke, surrounding property owner, reiterated the earlier concerns voiced and
addressed why the community meeting was unattended. She said she does not think the
accident numbers are accurate and estimates this will lower her property value by 30 percent.
She stated she wants to know the future plans in addition to the current plans because they
have room to expand and it is easier to get permission to amend their USR once it is
established. Chair Rademacher said any time an accident report is filed the numbers are
reported from the State, the applicant would come back before the Board for any amendments,
and there is a process to revoke a USR if there are violations.
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Ms. Sigler said that she is a landscape architect with Ripley Design. She stated that Bill
Barrett has not retained legal services and Mr. Bill Barrett is retired; John Singleton is the area
superintendent who will be working at this location and he did speak with, and give business
cards to, several concerned neighbors at the Planning Commission hearing. She said two pole
lights have been removed from the plans and no light will shine over the property line in any
direction and there are no discrepancies between what they are presenting they will do and the
actuality; the storage yard is too small for large semi's and the fence will shield the site. She
described the size of the parking spaces and the daily use of the pumper room.
le Commissioner Conway noted vacancy for this type of office space is less than one (1)
percent, and this is likely why the applicants decided to locate here. Ms. Sigler confirmed they
looked for an appropriate site in this area for over a year before this purchase. This is a central
location to all of the lease sites and is not an industrial use, but an office facility. Mr. Singleton
gave a brief review of the company's land search, reiterated what the storage area is for, and
said Bill Barrett has two additional USRs east of Kersey coming before the Board which are
actual vehicle yards. Chair Rademacher confirmed the shop will be used only for upgrading
vehicles and not maintenance.
Fl Chair Rademacher addressed the approved parking plan; Ms. Aungst replied staff has no
concerns. Ms. Sigler explained landscaping and screening plans. Commissioner Conway
noted this is the new and improved style of slatted fence, and the Board concurred the fence is
acceptable. Chair Rademacher addressed the hours of operation, and Mr. Barker stated the
language essentially authorizes 24/7 access.
IR In response to Chair Rademacher, Ms. Sigler, indicated she and the applicant, have
reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as
amended.
Ire Commissioner Garcia said the Board appreciates hearing the concerns from the
surrounding property owners, but he is satisfied that this will be an office support operation. He
said this is a central location and it is important for Weld County's oil and gas industry and to
keep the money local for activities above and beyond extraction. He also thanked the
applicants for reaching out to the community with a meeting, and also suggested another
community meeting and open communication is still called for in order to facilitate neighborhood
amity. Commissioner Garcia addressed some of the negative comments from the neighbors
and noted that something will be developed on this land, whether it is this or something worse
and he supports the application.
le Commissioner Conway also thanked area residents for coming, adding that the
Commissioners would support any communication to the postmaster in favor of moving the
mailboxes to the east side of the road. Mr. Carroll said he would take care of that.
Commissioner Conway stated he visited this site this morning, he asked Ms. Lundquist to look
at the accident rates prior to this hearing, and he did not feel that property values would be
adversely affected and the Assessor confirms that is the case. Property valuations are going up
in the County. He encouraged the neighbors to look at the Synergy offices on HWY 60, as that
is the same type of facility that is being proposed here. Commissioner Conway said he thinks it
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is not likely that the impacts of this project will be as negative as anticipated, and concurred it is
important to have the headquarters and the jobs here in this County, and this Board was
recently honored for their valiant efforts to preserve agriculture in Colorado.
El Commissioner Freeman also concurred with the previous statements, and emphasized the
impact of this is minimal compared to some uses and noted he drives this road every morning.
IE Chair Rademacher also concurred and expressed dismay that the neighbors did not attend
the public meeting or call to discuss their concerns. He addressed industrial impacts of
agriculture and how they are equal to, or greater than, oil and gas. Commissioner Rademacher
also said this is vacant dry ground and a small parcel, pivot sprinkler corners have very little
value, and if he owned it he would want to sell it as well. He assured the neighbors that if the
company does not live up to their commitments their USR may be revoked.
Commissioner Garcia added that oil and gas has become an important part of farming
income. Commissioner Conway addressed upcoming improvements to this corridor, and said
these intersections are slated to be addressed in the call for projects.
Commissioner Garcia moved to approve the request of Circle B Land Company, LLC, for a
Site Specific Development Plan and Use by Special Review Permit, USR14-0002, for a Mineral
Resource Development Facility, including Oil and Gas Support and Service Facility (storage
area for oil and gas production control units and other well site related equipment, parking for
employee vehicles and commercial trucks, and a 13,600 square-foot field operations building) in
the A (Agricultural) Zone District, based on the recommendations of Planning staff and the
Planning Commission, with the Conditions of Approval and Development Standards as entered
into the record. The motion was seconded by Commissioner Freeman, and it carried
unanimously.
There being no further discussion, the hearing was completed at 2:40 p.m.
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This Certification was approved on the 21st day of April, 2014.
BOARD OF COUNTY COMMISSIONERS
/1.1ELD COUNTY, COLORADO
ATTEST: Wideicti !( �1tug Icede RQewgk
Weld County Clerk to the -arr� Douglas Ra acher, Chair
Is 'ate
EXCUSED
Barbara Kirkmeyer, Pro-Tem
BY: I . f _•_ r_x
Deputy Clerk to the ar. %%i.:�'
Pite Sean P. Conway
Mike Fre n
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