HomeMy WebLinkAbout20160861.tiff BEFORE THE WELD COUNTY, COLORADO , PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Benjamin Hansford , that the following resolution be introduced for passage by the Weld County
Planning Commission . Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR15-0073
APPLICANT: MILLER HFI LLC
PLANNER : CHRIS GATHMAN
REQUEST : A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING
AN OIL AND GAS SUPPORT AND SERVICE FACILITY (STORAGE OF FRAC
TANKS) IN THE A(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION : S2 SECTION 11 , T6N , R62W OF THE 6TH P . M . , WELD COUNTY, COLORADO .
LOCATION : WEST OF AND ADJACENT TO CR 83 AND NORTH OF AND ADJACENT TO CR
70 .
be recommended favorably to the Board of County Commissioners for the following reasons :
1 . The submitted materials are in compliance with the application requirements of Section 23-2-260 of the
Weld County Code .
2 . It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-
220 of the Weld County Code as follows :
A. Section 23-2-220 .A. 1 -- The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect .
Section 22-2-20 I . A . Goal 9 states "Reduce potential conflicts between varying land uses in the
conversion of traditional agricultural lands to other land uses ."
The site is located in a rural area with some residences located to the southeast and northwest of the
site . A condition of approval is attached requiring screening of the site from existing residences to the
southeast is attached . The site utilizes an existing oil and gas access off of County Road 83 . The
access is not shared with residential uses .
B . Section 23-2-220 .A. 2 -- The proposed use is consistent with the intent of the A (Agricultural ) Zone
District . Section 24-3-40 .A. 1 of the Weld County Code allows for Oil and Gas Storage (storage of
piping and equipment in support of oil and gas operations ) as a Use by Special Review Permit in the
A (Agricultural ) Zone District.
C . Section 23-2-220 .A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses .
The site is located toward the middle of a half-section . A couple of single family residences (not under
Miller HFI ownership) are located approximately 2 , 500 feet to the Southeast of the site . Another single
family residence is located approximately 2 ,400 feet to the northwest of the site . The storage area is
partially screened by topography to the north and west .
One letter of concern/opposition was received in response to this application .
The Department of Planning Services has attached a condition requiring that the storage area be
screened from the residences to the southeast. The storage area utilizes an existing oil and gas
access (the access is not shared with existing residential uses ) .
D . Section 23-2-220 .A.4 -- The uses which will be permitted will be compatible with future development
of the surrounding area as permitted by the existing zoning and with the future development as
projected by Chapter 22 of the Weld County Code and any other applicable code provisions or
ordinances in effect, or the adopted Master Plans of affected municipalities .
EXHIBIT
U94S OO 7 '3
RESOLUTION USR15-0073
MILLER HFI LLC
PAGE 2
The site is not located within a three(3)mile referral area of any municipality, nor is it located within
any existing Intergovernmental Agreement Area(IGA)of a municipality.
E. Section 23-2-220.A.5 --The application complies with Chapter 23, Articles V and XI, of the Weld
County Code.
The site is not in a floodplain.
The existing site is within the County-Wide Road Impact Fee Area and the Capital Expansion Impact
Fee area.
Building Permits issued on the lot will be required to adhere to the fee structure of the County-Wide
Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure of the
County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime agricultural
land in the locational decision for the proposed use.
The proposed facility is located on approximately 381 acres delineated as"Prime if Irrigated"per the
1979 Soil Conservation Service Important Farmlands of Weld County Map.
G. Section 23-2-220.A.7 —There is adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
The Design Standards(Section 23-2-240,Weld County Code), Operation Standards(Section 23-2-
250,Weld County Code),Conditions of Approval and Development Standards can ensure that there
are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the
neighborhood and County.
This recommendation is based,in part,upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. The applicant shall submit a Landscaping/Screening Plan to the Department of Planning Services for
review and approval. All parking areas shall be screened from the adjacent residences to the
southeast by opaque fencing and or live plant material or a combination of each. (Department of
Planning Services)
B. A complete Drainage Narrative is required and shall include were the water originates if it flows onto
the property from an offsite source, where it flows to as it leaves the property, the direction of flow
across the property, and if there have been previous drainage problems with the property.
(Department of Planning Services-Engineer)
C. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR15-0073 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4. The map shall delineate the landscaping and/or screening. (Department of Planning Services)
RESOLUTION USR15-0073
MILLER HFI LLC
PAGE 3
5. County Road 81 and CR 70 Section Lines are shown to have 60 feet of unmaintained section line
right-of-way per the Weld County GIS right-of-way map.The applicant shall delineate the existing
right-of-way on the site plan. All setbacks shall be measured from the edge of right-of-way.
(Department of Public Works)
I County County Road 83 is a gravel road and is designated on the Weld Co ty Road Classification Plan
as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate
on the site plan the existing right-of-way.All setbacks shall be measured from the edge of right-of-
way. This road is maintained by Weld County. (Department of Planning Services-Engineer)
7. Show and label the approved access(AP156-00035),and the appropriate turning radii on the site
plan. (Department of Planning Services-Engineer)
8. Show and label the approved tracking control on the site plan.(Department of Planning Services
—Engineer)
9. Show and label the section line Right-of-Way as"CR 81 and CR 70 Section Line Right of Way,
not County maintained"(Department of Planning Services-Engineer)
10. Show and label all recorded easements on the map by book and page number or reception
number and date on the site plan. (Department of Planning Services-Engineer)
2. Upon completion of Condition of Approval#1 above,the applicant shall submit one(1)paper copy or one
(1)electronic copy(.pdf)of the map for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the map the applicant shall submit a Mylar map along with all other
documentation required as Conditions of Approval.The Mylar map shall be recorded in the office of the
Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and
additional requirements shall be submitted within one hundred twenty (120) days from the date of the
Board of County Commissioners Resolution.The applicant shall be responsible for paying the recording
fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance#2012-3,approved April 30,2012,should the map not
be recorded within the required one hundred twenty (120) days from the date of the Board of County
Commissioners Resolution,a$50.00 recording continuance charge shall added for each additional three
(3)month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review,
as appropriate.Acceptable CAD formats are.dwg, .dxf,and.dgn(Microstation);acceptable GIS formats
are ArcView shapefiles or ArcGIS Personal GeoDataBase(MDB). The preferred format for Images is.tif
(Group 4).(Group 6 is not acceptable). This digital file may be sent to mapsAco.weld.co.us.(Department
of Planning Services)
5. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on-site construction.
(Department of Planning Services-Engineer)
6. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued
on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld
County Clerk and Recorder or the applicant has been approved for an early release agreement.
(Department of Planning Services)
RESOLUTION USR15-0073
MILLER HFI LLC
PAGE 4
Motion seconded by Michael Wailes.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
Gene Stille
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I,Kristine Ranslem,Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on February 23, 2016.
Dated the 23rd of February, 2016
Digitally signed by Kristine Ranslem
q6 rLC-d
A4#141.14,1_, Date:2016.02.25 09:21:29-07'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Miller HFI
USR15-0073
1. 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, subject to the Development Standards stated hereon. (Department of
Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. The hours of operation (picking up and dropping off of tanks are twenty-four (24 hours) a day, three-
hundred sixty-five(365)a year, as stated by the applicant(s). (Department of Planning Services)
4. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
5. The landscaping/screening on the site shall be maintained. (Department of Planning Services)
6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section
30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
7. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes
specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment)
8. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,fugitive
particulate emissions,blowing debris,and other potential nuisance conditions.The facility shall operate in
accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and
Environment)
9. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the
Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment)
10. This facility shall adhere to the maximum permissible noise levels allowed in the non-specified Zone
District, as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
11. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. As employees or contractors are on site for less than 2 consecutive hours a day
portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for
portable toilets shall be retained on a quarterly basis and available for review by the Weld County
Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in
Weld County and shall contain hand sanitizers (Department of Public Health and Environment)
12. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the
Weld County Code. (Department of Public Health and Environment)
13. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where
such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the
plan. Neither the direct, nor reflected,light from any light source may create a traffic hazard to operators
of motor vehicles on public or private streets. No colored lights may be used which may be confused with,
or construed as,traffic control devices. (Department of Planning Services)
RESOLUTION USR15-0073
MILLER HFI LLC
PAGE 6
14. Should noxious weeds exist on the property, or become established as a result of the proposed
development,the applicant/landowner shall be responsible for controlling the noxious weeds,pursuant to
Chapter 15, Articles I and II, of the Weld County Code. (Department of Planning Services—Engineer)
15. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning
Services-Engineer)
16. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Planning Services-Engineer)
17. The access on the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking. (Department of Planning Services-Engineer)
18. Building permits may be required,per Section 29-3-10 of the Weld County Code.Currently,the following
have been adopted by Weld County:2012 International Codes,2006 International Energy Code,and 2011
National Electrical Code.A Building Permit Application must be completed and two(2)complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted
for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection. (Department of Building Inspection)
19. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
20. Necessary personnel from the Weld County Departments of Planning Services,Public Works,and Public
Health and Environment shall be granted access onto the property at any reasonable time in order to
ensure the activities carried out on the property comply with the Conditions of Approval and Development
Standards stated herein and all applicable Weld County regulations.
21. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards,as shown or stated,shall require the approval of an amendment of the Permit by
the Weld County Board of County Commissioners before such changes from the plans or Development
Standards are permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
22. The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards. Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners.
23. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal.
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy; (b)the populous counties of the state
face a critical shortage of such deposits;and(c)such deposits should be extracted according to a rational
plan,calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology
and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development. Often times,mineral resource sites
are fixed to their geographical and geophysical locations. Moreover, these resources are protected
property rights and mineral owners should be afforded the opportunity to extract the mineral resource.
24. WELD COUNTY'S RIGHT TO FARM:Weld County is one of the most productive agricultural counties in
the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks,including conflicts with long-standing agricultural practices and a lower level of services than
in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural
RESOLUTION USR15-0073
MILLER HFI LLC
PAGE 7
areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere
and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld
County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities
will generate off-site impacts,including noise from tractors and equipment;slow-moving farm vehicles on
rural roads;dust from animal pens,field work, harvest and gravel roads;odor from animal confinement,
silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities;
shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County. Section 35-3.5-102,C.R.S.,provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
Water has been,and continues to be,the lifeline for the agricultural community. It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development. When
moving to the County, property owners and residents must realize they cannot take water from irrigation
ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000)square miles in size(twice the
size of the State of Delaware)with more than three thousand seven hundred (3,700)miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses,including law enforcement,
ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and
families to respond to emergencies. County gravel roads, no matter how often they are bladed,will not
provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in
rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by
necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations,high speed traffic,sandburs,puncture vines,territorial farm dogs and livestock,and open
burning present real threats. Controlling children's activities is important,not only for their safety,but also
for the protection of the farmer's livelihood.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, February 23 , 2016
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building , Hearing Room , 1150 O Street, Greeley, Colorado . This meeting was called to order by Chair,
Jordan Jemiola , at 12 : 30 pm .
Roll Call .
Present: Benjamin Hansford , Bruce Johnson , Bruce Sparrow, Gene Stille , Jordan Jemiola , Joyce Smock,
Michael Wailes .
Absent: Nick Berryman , Terry Cross .
Also Present: Chris Gathman and Diana Aungst, Department of Planning Services ; Wayne Howard ,
Department of Planning Services — Engineering Division ; Lauren Light and Ben Frissell , Department of
Health ; Bob Choate , County Attorney, and Kris Ranslem , Secretary .
Motion : Approve the February 16 , 2016 Weld County Planning Commission minutes , Moved by Bruce
Johnson , Seconded by Gene Stille . Motion passed unanimously .
CASE NUMBER: USR15-0073
APPLICANT : MILLER HFI LLC
PLANNER: CHRIS GATHMAN
REQUEST : A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING
AN OIL AND GAS SUPPORT AND SERVICE FACILITY (STORAGE OF FRAC
TANKS) IN THE A(AGRICULTURAL) ZONE DISTRICT .
LEGAL DESCRIPTION : S2 SECTION 11 , T6N , R62W OF THE 6TH P . M . , WELD COUNTY, COLORADO .
LOCATION : WEST OF AND ADJACENT TO CR 83 AND NORTH OF AND ADJACENT TO CR
70 .
Chris Gathman , Planning Services , presented Case USR15-0073 , reading the recommendation and
comments into the record . Mr. Gathman noted that two (2 ) letters of correspondence and one ( 1 ) phone
call was received in opposition to this case . The concerns outlined the proximity of the tanks , run-off, traffic,
noise and hours of operation . The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards .
Wayne Howard , Engineering , reported on the existing traffic, access and drainage conditions and the
requirements on site .
Ben Frissell , Environmental Health , reviewed the public water and sanitary sewer requirements , on-site
dust control , and the Waste Handling Plan .
Tim Naylor, AGPROfessionals , 3050 67th Avenue , stated that with the decrease in oil and gas activity the
applicant needed a place to store frac tanks ; therefore they are requesting to store approximately 85 empty
frac tanks on a three (3 ) to four (4 ) acre area . He added that they hope that when the oil and gas activity
increases again these tanks will be back in circulation and relocated . Mr. Naylor noted that the remaining
portion of the site will remain in agricultural production .
Mr. Naylor stated that Miller HFI and Noble Energy did have a Colorado Oil and Gas Commission Permit
to mud farm that area ; however that is no longer taking place . He added that they have done a soil test
and it is recommended that it be closed .
The Chair asked if there was anyone in the audience who wished to speak for or against this application .
Brad Olson , 4370 CR 70 , stated that he lives directly across the road from this site . He is concerned that
the storage of these tanks will create a rodent and rattlesnake problem . He added that frac water is very
dangerous and any leaking from these tanks can cause a very bad environmental situation .
EXHIBIT
C
A
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5- 0673
Mr. Olson said that the reason the mud farm was shut down is because out of 15 ground samples all of
them exceeded the Colorado Oil and Gas Chart for safe levels. He added that in his conversations with
Noble Energy they do agree that there is some remediation that needs to be done. He feels that locating
these tanks where remediation needs to take place is irresponsible.
Mr. Olson said that the road infrastructure cannot handle the existing road traffic, let alone the wait time for
traffic. He added that equipment is rattling apart due to the lack of road maintenance.
Mr. Olson said that he tolerates the noise and traffic and doesn't feel he needs to wonder whether any of
these tanks still contain any frac water creating a toxic, poisoning type of situation that can possibly leak
into the aquifer.
In response to Commissioner Jemiola's inquiry, Mr. Naylor said that when the frac tanks are placed on the
property they are empty. He added that they are not storing any liquid in those tanks. Commissioner
Hansford asked if these tanks were washed and cleaned out. Mr. Naylor replied that he couldn't say if they
were cleaned out.
Commissioner Smock asked if there are any regulations regarding the storage of tanks and the residual
fluid that is in them. Mr. Frissell said that he is not aware of any regulations; however he knows that there
are companies that will do wash outs of those frac tanks. Mrs.Smock asked if anyone inspects these tanks
to ensure that there is no frac liquid in them. Mr.Frissell replied that to his knowledge they are not inspected.
Commissioner Johnson stated that he is concerned with soil erosion, especially susceptible to wind. He
added that when you have that type of equipment there will be soil disturbance and erosion and he would
like to see this addressed.
Commissioner Johnson said the access is from County Road 83 and asked where east/west traffic would
enter onto County Road 83. Mr. Naylor said that the traffic would come from County Road 68 to County
Road 83. He added that there will not be any traffic on County Road 70 in front of Mr. Olson's residence.
Commissioner Johnson said that he understands frac tanks store water in the use of mixing with various
chemicals for fracing. He added that the tanks themselves do not contain solutions that are other than
water. Mr. Naylor agreed with Mr. Johnson and added that they are not proposing to store any chemicals
on site and the tanks will be empty.
Commissioner Hansford said that should there be any contamination from these tanks he would hope that
the applicant mitigates any contamination. Mr. Hansford asked if there is any mitigation for the existing
contamination. Mr. Naylor said that Mr. Olson submitted the soil tests from the property. According to this
study, it was recommended that Noble Energy request closure status of this property. Mr. Naylor added
that Miller HFI and Noble Energy are working through the closure plan and remediation of that process.
Commissioner Stille noted the concern of rodents and rattlesnakes and asked how they propose to address
that. Mr. Naylor said that they understand it can be a problem but this is a half-mile away from the nearest
residence. He added that there is nothing in the tanks that will attract rodents.
Mr. Naylor said that if this case isn't approved these frac tanks will need to go through another USR process
and be placed on another site. He added that they would be happy to mitigate the Olson's concerns. Mr.
Naylor said that they would have liked to have met with the Olson's; however the first email they received
said that if they went through with this process there would be a legal process involved. Therefore they
were unable to reach out to the Olson's.
The Chair asked if there are any proposed changes to the conditions of approval or the development
standards. Mr. Howard recommended amending Condition of Approval 1.C.7 to label the Access Permit
Number AP16-00035, rather than AP15-00035.
Motion: Amend Condition of Approval 1.C.7, as stated by staff, Moved by Bruce Johnson, Seconded by
Benjamin Hansford. Motion carried unanimously.
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The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR15-0073 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Benjamin Hansford, Seconded by Michael Wailes.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock,
Michael Wailes.
Commissioner Johnson said that he would like the applicant to address some type of road base to keep
ground from eroding.
Commissioner Smock encouraged the applicants to reach out to the neighbors to see if these concerns
can be mitigated.
Commissioner Jemiola echoed Ms. Smock's comments and said it is good to be neighborly and reach out
to them so these issues can be worked out.
Meeting adjourned at 4:11 pm.
Respectfully submitted,
�) Digitally signed by Kristine Ranslem
`f )a pt. Date:2016.02.25 09:19:31 -07'00'
Kristine Ranslem
Secretary
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