HomeMy WebLinkAbout20160937.tiff HEARING CERTIFICATION
DOCKET NO . 2016-25. B
RE : A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR15-0073, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, INCLUDING
AN OIL AND GAS SUPPORT AND SERVICE FACILITY (STORAGE OF FRAC TANKS)
IN THE A (AGRICULTURAL) ZONE DISTRICT — MILLER HFI , LLC
A public hearing was conducted on March 16 , 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 . Chris Gathman
Planning Services Engineer representative, Wayne Howard
Public Works Department representative, Janet Lundquist
Health Department representative . Ben Frissell
The following business was transacted :
hereby certify that pursuant to a notice dated February 5, 2016, and duly published
February 10. 2016 , in the Greeley Tribune . a public hearing was conducted to consider the
request of Miller HFI , LLC , for a Site Specific Development Plan and Use by Special Review
Permit, USR15-0073, for Mineral Resource Development Facilities, including an Oil and Gas
Support and Service Facility (storage of frac tanks) in the A (Agricultural) Zone District.
Bob Choate . Assistant County Attorney, made this a matter of record .
12 Chair Freeman reviewed for the applicant the procedure in the event of a tie vote with only
four Commissioners present.
PA Chris Gathman , Department of Planning Services , presented a brief summary of the
proposal for equipment storage related to the oil and gas industry. He reviewed the number of
employees. hours of operation . truck trips , access point, and nearest residences. Mr. Gathman
stated staff has received letters of objection citing concerns with runoff from soil amendment
previously operated at this site . traffic and noise , and potential contamination of water. He stated
staff received a report from a consultant regarding the previous soil amendment facility.
Mr. Gathman stated the site is not within the three (3) mile referral area of any municipality or
cooperative planning agreement area, nor any overlay districts . Staff sent out eight (8) referrals
and received five responses with comments that have been incorporated into the Resolution .
Mr. Gathman displayed images of the site and surrounding properties, and entered the favorable
recommendation of the Planning Commission into the record , as written .
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Janet Lundquist, Public Works Department representative. provided a brief overview of the
transportation plans and requirements and stated the applicant has received an Approved Access
Permit, AP#16-00035, and reported no average daily traffic counts are available. She reviewed
the traffic narrative indicating eight (8) round trips and up to 24 trips in a 24-hour period .
Ms . Lundquist clarified staff is requesting tracking control ; however, there is no Improvements
Agreement required .
Wayne Howard , Planning Services Engineer representative . stated the applicant has
supplied a basic drainage narrative stating the site would qualify for a stormwater exemption due
to no increase to imperviousness. Staff has requested the drainage narrative be updated with
specific criteria , as shown in the Conditions .
Ben Frissell , Department of Public Health and Environment, reviewed the water and sewer
provisions stating bottled water and portable toilets are acceptable and Development Standards
( DS) #6 through #12 address typical environmental health items .
a Tim Naylor, AGPROfessionals , represented the applicant and reviewed the proposal
explaining the tanks were initially placed with the intent of it being temporary storage, but the oil
and gas industry has not bounced back yet. Therefore , the USR will provide for a more permanent
storage option . He reviewed the existing site . location and surrounding land uses . Mr. Naylor
explained the tanks will be transferred and used when drilling begins again . He cited the
compatibility and compliance provisions related to the standards of the Weld County Code and
emphasized it will be an unmanned site with minimal traffic.
P Brad Olson , SPO , presented a PowerPoint Presentation and stated these tanks were moved
to the site illegally and stored by the existing well as a hiding spot. He expressed his frustrations
with the surrounding land depreciating due to the irresponsible activities of this landowner and
stated he has not been able to contact the landowner after multiple attempts . He stated that
Mr. Naylor said the applicant has tried to be good neighbors. yet there has been no personal
contact. Mr. Olson provided the history and environmental issues related to the mud farm that the
applicant had to purchase because of the pollution caused by his business endeavor
contaminating the organic farm ground . He provided other examples of Mr. Miller refusing to
communicate or cooperate regarding the damage to the access point. which is the only access to
his property. He asked the Board to consider the ramifications regarding the poor state of the mud
farm property which will not grow anything for some time and consider this in light of the present
application . which is adjacent to his property. Mr. Olson stated at the Planning Commission
hearing Mr. Naylor talked about how much money is made from oil and gas . obviously implying
Mr. Miller; however, Mr. Miller has been nothing but a costly neighbor due to the damage to the
access . the prevailing winds from the mud farm , potential leeching into the aquifer, arsenic levels
and now the current USR . Mr. Olson clarified that these tanks are used for more than water and
the remnants contain high levels of chemicals and carcinogenics. He is concerned with the
chemicals inside the tanks , the impeding view of 85 tanks , fatal vapors. and the potential increase
of rodents and rattle snakes. Mr. Olson clarified he does not believe Mr. Miller will follow through
on any act of being a good neighbor.
la In response to Commissioner Moreno . Mr. Olson clarified their communication efforts.
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In response to Commissioner Kirkmeyer, Mr. Olson clarified that damage was incurred to
County Road (CR) 70, which is a non-maintained road that had been maintained between him
and the prior neighbor. He explained the circumstances surrounding the damages and pointed
out on the map the other relevant County roads . In further response . Mr. Olson stated what he
does for rodent control and the best thing Mr. Miller could do is not create a habitat . Lastly, he
pointed out the mud farm and the direction of the prevailing winds that affect his property.
In response to Commissioner Cozad , Mr. Olson stated given the size of the property , there
are other locations they could put these tanks but he did not want to be rude to other surrounding
property owners and impose this problem on his other neighbors . In response to Commissioner
Kirkmeyer. he pointed out the nearest residences on the map.
Mr. Naylor expressed his thanks to the Olson Family for coming today and voicing their
opinions . He stated as far as the Colorado Oil and Gas Conservation Commission Land
Application Permit, the applicant is working through that for remediation and it is still in process;
however. it should be noted that is a separate issue than the land use application before the Board
today. Mr. Naylor clarified the applicant did not reach out to Mr. Olson due to receiving a letter
regarding a potential lawsuit. He clarified he would be more than willing to set up a meeting
between the applicant and Mr. Olsen to address these issues that are not specific to this
application . Mr. Naylor reemphasized the distance from surrounding property owners and that the
applicant has more than met the setback requirement. He stated he is glad Mr. Olson is here and
conveyed his concern regarding the possible safety risk by Mr. Olson to take the photos in such
close proximity to the tanks clearly labeled with caution information .
In response to Commissioner Cozad , Mr. Naylor stated he provided the soils report to staff.
Commissioner Cozad reviewed the levels on the report. She asked Mr. Naylor why the applicant
was not present. Mr. Naylor explained Mr. Miller had business to take care of before the snow
storm arrives . Commissioner Cozad questioned why the tanks were being stored without a permit.
Mr. Naylor stated the tanks were placed there for temporary storage. Mr. Gathman interjected the
information regarding the Zoning Violation . In further response to Commissioner Cozad ,
Mr. Naylor explained why the Spill Prevention Control and Countermeasure (SPCC) Plan is not
needed .
E. In response to Commissioner Moreno, Mr. Naylor stated staff has conditioned to provide a
screening plan and he clarified this is dry land farming and is temporary storage . not permanent.
He emphasized when the oil and gas operations increase, these tanks will no longer be there;
therefore , he would request the Board reconsider the requirement for screening as there is an
adequate buffer already in place . In further response to Commissioner Moreno . Mr. Naylor
addressed the necessity of the hours of operation being 24 hours a day and seven (7) days a
week with the understanding that operation predominantly occur during daylight hours.
L In response to Commissioner Kirkmeyer, Mr. Naylor clarified the soil remediation is on the
west half of the parcel . He further responded with the location of the tanks on the map and
requested they be allowed to be stored in that space . Mr. Naylor pointed out the nearest neighbors
and provided suggestions regarding rodent control . He further stated there has been no
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determination regarding what the soil remediation will be and he pointed out the access . Mr.
Naylor stated the tanks will be removed from the site when the industry picks up again .
Commissioner Kirkmeyer stated it is revolving based on the industry and this is no comfort to the
neighbor who has already been negatively impacted .
V In response to Commissioner Cozad . Mr. Naylor stated there is no further land application
and the permit has expired and it is in the remediation process .
In response to Commissioner Cozad , Mr. Frissell stated a SPCC Plan is not required . He
reviewed the soil report and stated from an Environmental Health perspective, there are no
concerns with public health issues related to the storage of these tanks .
Idel Mr. Naylor stated there is already a strong oil and gas presence in the County and having
this approved allows the tanks to move through the system and be moved out when operations
increase and be moved back when operations decrease again . He empathized regarding the
impact to the Olson 's , but further emphasized the need for storage and the element of control an
approved USR allows for. Commissioner Kirkmeyer stated her agreement; however, she clarified
the need to consider landscaping and screening so that it is done right as far as mitigation for the
neighbors .
12 Commissioner Cozad concurred with Commissioner Kirkmeyer regarding the need for
landscaping and screening to minimize the impact to the neighbors .
In response to Chair Freeman , Mr. Naylor on behalf of Miller HFI . LLC , indicated they have
no concerns with the Conditions of Approval or Development Standards .
k Commissioner Kirkmeyer recommended changes to Condition of Approval (COA) # 1 .A to
replace "parking areas" with -storage areas -. remove "to the southeast" and include verbiage
requiring the applicant take into consideration input from the surrounding property owners .
Commissioner Cozad suggested berming and landscaping on the Miller property. The Board
addressed the hours of operation and noise statute. Mr. Naylor provided the potential traffic routes
for activity. Commissioner Kirkmeyer recommended the number of tanks be clearly limited to 85
empty tanks. Commissioner Cozad agreed and suggested it be added to the title and
Development Standard (DS) # 1 . Commissioner Kirkmeyer suggested a new DS regarding rodent
control in the storage area . Mr. Gathman suggested both a new COA and a new DS . The Board
concurred and added it to the Resolution .
Commissioner Kirkmeyer stated Mr. Miller is not a good neighbor and has a failure to
communicate . She suggested requiring an annual neighborhood meeting . Commissioner Cozad
suggested the case be continued until Mr. Miller can be present.
2 Mr. Naylor reiterated his willingness to put together a meeting with the Olson family and
Mr. Harding .
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�:-
,' - Chair Freeman clarified the other concerns may be because of the prior use of the mud field ,
and it is possible there would be less concern with today's application if there had not been a poor
neighbor relationship and a negative impact on the closest neighbor. Mr. Naylor agreed and stated
he is willing to set up a meeting with the neighbors and begin that dialogue .
La Commissioner Moreno stated he supports the continuance . In response to Commissioner
Moreno, Mr. Naylor stated Mr. Miller did not attend the Planning Commission hearing .
Commissioner Moreno stated that solidifies his vote for a continuance and he emphasized the
fact that the Olson 's took the time to attend .
Commissioner Kirkmeyer stated the storage area needs to be delineated on the plat.
Commissioner Cozad concurred and suggested it be added to COA #1 . C . Commissioner
Kirkmeyer stated the half mile buffer be maintained to prevent Mr. Miller from moving the tanks
closer to Mr. Olson's property.
P Commissioner Cozad asked for clarification regarding a complete drainage narrative . Mr.
Howard stated an incomplete drainage narrative has been submitted and staff is requiring that be
updated and submitted. Mr. Naylor interjected the information regarding a possible exemption has
been provided . Commissioner Cozad clarified storm drainage must be considered . Mr. Naylor
agreed .
In response to Commissioner Moreno , Mr. Naylor stated if the application is continued he
believes Mr. Miller be available .
Chair Freeman clarified the procedure for the applicant and the public. should the case be
continued .
P Commissioner Cozad emphasized the importance of the applicant being present.
2 Commissioner Cozad moved to continue the request of Miller HFI , LLC , for a Site Specific
Development Plan and Use by Special Review Permit, USR15-0073 , for Mineral Resource
Development Facilities , including an Oil and Gas Support and Service Facility (storage of frac
tanks) in the A (Agricultural) Zone District, to April 6 . 2016, at 10 : 00 a . m . , per the Board 's request
to provide an opportunity for the applicant to be present. The motion was seconded by
Commissioner Moreno , and it carried unanimously. Chair Freeman thanked everyone for being
present and participating in the process . There being no further discussion , the hearing was
completed at 12 : 18 p. m .
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This Certification was approved on the 21st day of March , 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY. COLORADO
ATTEST.
Mi <e Freeman , Chair
Weld County Clerk to he Board
EXCUSED
Sean P. Con ay, Pro-Tern
BY: � �
Deput Clerk to the Board
JJ1ie- ozad
Elk
"PR7ED • ORM: ,. t LC . Lr�
:�•• ara Kirkmeyer
County Attorney ` �� '�:�;►►` : PFL
�' T S -Ve Moreno
Date of signature : *__ 1 sJ11 °1
C Ar
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