HomeMy WebLinkAbout20142604.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0027, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES,
INCLUDING OIL AND GAS SUPPORT AND SERVICE (AN OIL AND GAS
ROUST-A-BOUT TO INCLUDE A 16,500-SQUARE FOOT SHOP AND PARKING FOR
COMMERCIAL AND EMPLOYEE VEHICLES) IN THE A (AGRICULTURAL) ZONE
DISTRICT - MICHAEL DECKER, CIO MILLER HFI, LLC
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 3rd day of
September, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Michael Decker, do Miller HFI, LLC, 428 North 2nd Street, LaSalle,
CO 80645, for a Site Specific Development Plan and Use by Special Review Permit,
USR14-0027, for Mineral Resource Development Facilities, including Oil and Gas Support and
Service (an oil and gas roust-a-bout to include a 16,500-square foot shop and parking for
commercial and employee vehicles) in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Lot B of Recorded Exemption, RE-4174; being part
of the W1/2 NW1/4 of Section 1, Township 3 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the Board studied the request of the applicant and the
minutes of the Weld County Planning Commission hearing and all of the exhibits and evidence
presented in this matter; however, due to the lack of a clear recommendation from the Planning
Commission, made the decision to remand this request back to the Planning Commission, to
consider the evidence previously presented to them at their next available date of
September 16, 2014, in order for them to provide a recommendation to the Board of County
Commissioners. Therefore, the Board deemed it advisable to continue the matter to
September 17, 2014, and
WHEREAS, at said hearing, September 17, 2014, the applicant was again represented
by Tim Naylor of AGPROfessionals, 3050 67th Avenue, Greeley, CO 80634, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved 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.
2014-2604
CC CR(WI p mm�-- u.i?De') HLILL) APPL•
I PL2285
q/25
SPECIAL REVIEW PERMIT (USR14-0027) — MICHAEL DECKER, CIO MILLER HFI, LLC
PAGE 2
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.G (A.Goal 7) states: "County land use regulations
should protect the individual property owner's right to request a
land use change."
2) Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of
agricultural land to nonurban residential, commercial, and
industrial uses should be accommodated when the subject site is
in an area that can support such development, and should attempt
to be compatible with the region." The applicant is requesting a
Use by Special Review Permit (USR) for a roust-a-bout. The
application materials state that there will be a shop, office, and
employee and commercial vehicle parking. A Lighting Plan was
submitted with the application materials. There will be up to
10 on-site employees and 60-80 drivers. The hours of operation
will be twenty-four (24) hours a day, seven (7) days a week. The
Conditions of Approval state that a Screening/Landscaping Plan is
required. This Plan, along with the Conditions of Approval and
Development Standards for this proposal, will assist in mitigating
the impacts of the facility on the adjacent properties.
B. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.A.2 allows for a Site
Specific Development Plan and Use by Special Review Permit for Mineral
Resource Development facilities including Oil and Gas Support and
Service with an oil and gas roust-a-bout with a 16,500-square foot shop
and parking for commercial and employee vehicles in the A (Agricultural)
Zone District.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The site is located
east of and adjacent to the Town of Platteville. The adjacent properties
are mainly utilized for crops, pastures, and rural residences. There are
four residences within 200 feet of the property line and the closest
residence is about sixty (60) feet west of the west property line. There are
two (2) USRs located within one mile of this parcel. USR-1063 is for a
power plant and is west of the site and USR-798 is for a wood mulching
business and is east of the site. The Weld County Department of
Planning Services has received thirteen (13) letters from surrounding
property owners and ten (10) of the letters are in support from friends and
family for the property owner to the south of the site. The letters express
concerns about dust, noise, views, traffic, and property values. A
neighborhood meeting was held on August 9, 2014. The Conditions of
2014-2604
PL2285
SPECIAL REVIEW PERMIT (USR14-0027) - MICHAEL DECKER, C/O MILLER HFI, LLC
PAGE 3
Approval state that a Screening/Landscaping Plan is required. This Plan,
along with the Conditions of Approval and Development Standards for
this proposal, will assist in mitigating the impacts of the facility on the
adjacent properties.
D. Section 23-2-230.B.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. The site is located within the three (3) mile referral area of
the Towns of Gilcrest, Milliken and Platteville. The Town of Gilcrest, in the
referral comments dated June10, 2014, and the Town of Milliken, in the
referral comments dated June 23, 2014, indicated no concerns. The
Town of Platteville, in the referral comments dated July 10, 2014,
indicated that the "property is located on the northern edge and within the
Growth Management Area and the Three Mile Area boundary of
Platteville's Comprehensive Plan. In particular, we are concerned about
the large increase in semi-truck traffic due to the proposed facility and on-
going operations. The Town would like to discuss the opportunity to
annex the property into the Town of Platteville due to the fact it is within
the Growth Area and has a potential impact on the Town's infrastructure.
Furthermore, we would like to discuss traffic mitigation and a
maintenance agreement for CR 38 prior to any approval of this
application." The applicant has had a meeting with the Town of Platteville
to discuss the concerns and the applicant is entering into a road
maintenance agreement and a pre-annexation agreement.
E. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. Building Permits issued on the lot will
be required to adhere to the fee structure of the County-Wide Road
Impact Fee, County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-230.B.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 30 acres
designated as "Prime (Irrigated)" and approximately 10 acres designated
as "Other lands," per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. This USR will take about five (5) acres of
"Prime (Irrigated)" Farmland out of production.
G. Section 23-2-230.B.7 -- 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 the health, safety,
and welfare of the inhabitants of the neighborhood and County.
2014-2604
PL2285
SPECIAL REVIEW PERMIT (USR14-0027) - MICHAEL DECKER, C/O MILLER HFI, LLC
PAGE 4
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Michael Decker, do Miller HFI, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR14-0027, for Mineral Resource
Development Facilities, including Oil and Gas Support and Service (an oil and gas roust-a-bout
to include a 16,500-square foot shop and parking for commercial and employee vehicles) in the
A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
1. Prior to recording the plat:
A. The applicant shall attempt to address the requirements of Anadarko
Petroleum Corporation, as stated in the letter dated August 18, 2014.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
B. The applicant shall submit a Screening/Landscaping Plan to the
Department of Planning Services, for review and approval. All parking
areas and fuel tanks shall be screened from adjacent properties and
public rights-of-way.
C. The applicant shall label the approved water quality feature on the plat as
"Water Quality Feature, No Build/Storage Area," and label the required
volume.
D. The applicant shall address the requirements of the Colorado Department
of Transportation (CDOT) as stated in the referrals. Evidence of such
shall be submitted, in writing, to Weld County Department of Planning
Services.
E. County Road (CR) 38 has been annexed by the Town of Platteville. The
town has jurisdiction over this access. The applicant shall contact the
town to verify the Access Permit or for any additional requirement that
may be needed to obtain or upgrade the permit.
F. The applicant shall attempt to address the requirements of the Town of
Platteville, as stated in the referrals. Evidence of such shall be submitted,
in writing, to Weld County Department of Planning Services.
G. The applicant shall submit a revised Waste Handling Plan, for approval,
to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment (WCDPHE). The plan shall
include disposal/recycling of tires, batteries and other scrap parts
generated from vehicle maintenance. This shall include the names,
telephone numbers and addresses of the waste handlers and
disposal/recycling facilities.
2014-2604
PL2285
SPECIAL REVIEW PERMIT (USR14-0027) - MICHAEL DECKER, C/O MILLER HFI, LLC
PAGE 5
H. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR14-0027.
2) The attached Development Standards.
3) The plat shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) The plat shall delineate the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas. Areas used for storage or trash collection
shall be screened from adjacent properties and public
rights-of-way. These areas shall be designed and used in a
manner that will prevent trash from being scattered by wind or
animals.
5) The approved Lighting Plan.
6) The approved Screening/Landscaping Plan.
7) The approved Parking Plan.
8) The setback radiuses for existing oil and gas tank batteries and
wellheads shall be indicated on the plat per the setback
requirements of Section 23-3-50.E of the Weld County Code.
9) The applicant shall label the approved Town of Platteville
accesses on the plat with access permit number, if applicable.
10) The applicant shall show standard tracking control and standard
access turning radius for access onto publically maintained roads.
11) The applicant shall indicate specifically on the plat the type of
right-of-way/easement and indicate whether it is dedicated,
private, or deeded.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
an electronic version (.pdf), or three (3) paper copies, of the plat to the Weld
County Department of Planning Services for preliminary approval. The plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the
Weld County Code. Upon approval of the plat, the applicant shall submit a Mylar
plat, along with all other documentation required as Conditions of Approval. The
Mylar plat and additional requirements shall be submitted within one hundred
twenty (120) days from the date of the Board of County Commissioners
Resolution. The Mylar plat shall be recorded in the office of the Weld County
Y
Clerk and Recorder by the Department of Planning Services. The applicant shall
be responsible for paying the recording fee.
2014-2604
PL2285
SPECIAL REVIEW PERMIT (USR14-0027) - MICHAEL DECKER, C/O MILLER HFI, LLC
PAGE 6
3. In accordance with Weld County Code Ordinance #2012-3, approved
April 30, 2012, should the plat 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 be added for each
additional three (3) month period.
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
maps@co.weld.co.us.
5. Prior to construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading
Permit will be required prior to the start of construction.
B. A Right-of-way Permit is required for any work within the public
right-of-way.
6. Prior to Operation:
A. Accepted construction drawings and construction of the off-site roadway
improvements are required prior to a Certificate of Occupancy being
issued and prior to operation.
7. Prior to the issuance of a Certificate of Occupancy:
A. An Individual Sewage Disposal System (I.S.D.S.) is required for the
proposed facility and shall be installed according to the Weld County
Individual Sewage Disposal Regulations. The septic system is required to
be designed by a Colorado Registered Professional Engineer according
to the Weld County On-site Waste Water Treatment Systems (O.W.T.S.)
Regulations.
8. 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 plat
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.
2014-2604
PL2285
SPECIAL REVIEW PERMIT (USR14-0027) - MICHAEL DECKER, C/O MILLER HFI, LLC
PAGE 7
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of September, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY COLORADO
ATTEST:daxda) G1 , , / • ��! I mo, . -t s. v nck •r (AYE)
• ' �.� �ad-• -r, hair
Weld County Clerk to the Board
(AYE)
n 'Kirkmeyer Pro-Tem
B 1 a � LUt-{-�l n ,r A _tirt
bbb hhh
De Clerk to t e Board6
,�! �� 1i►� (NAY)
n P. Conway
(AYE)
Mike Freemr
//,!(/`q /7 (AYE)
GVilfam F. Garcia
2014-2604
PL2285
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MICHAEL DECKER, CIO MILLER HFI, LLC
USR14-0027
1. The Site Specific Development Plan and Use by Special Review Permit, USR14-0027, is
for Mineral Resource Development Facilities including Oil and Gas Support and Service
(an oil and gas roust-a-bout to include a 16,500-square foot shop, parking for
commercial and employee vehicles) in the A (Agricultural) Zone District, subject to the
Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The number of on-site employees shall be commensurate with the number of persons
which the septic system may accommodate in accordance with the requirements of the
Weld County Code, pertaining to On-site Waste Water Treatment Systems (O.W.T.S.)
Regulations.
4. The hours of operation are twenty-four (24) hours a day, seven (7) days a week, as
stated by the applicant.
5. The screening/landscaping on the site shall be maintained in accordance with the
approved Screening/Landscaping Plan.
6. The lighting on the site shall be maintained in accordance with the approved Lighting
Plan.
7. The parking on the site shall be maintained in accordance with the approved Parking
Plan.
8. 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.
9. The historical flow patterns and runoff amounts will be maintained on the site.
10. Weld County is not responsible for the maintenance of on-site drainage related features.
11. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
12. 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 disposed of in a manner that
protects against surface and groundwater contamination.
13. 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.
2014-2604
PL2285
DEVELOPMENT STANDARDS (USR14-0027) - MICHAEL DECKER, C/O MILLER HFI, LLC
PAGE 2
14. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The applicant shall operate in accordance with the approved Waste Handling
Plan, at all times.
15. Any vehicle or equipment washing areas shall capture all effluent and prevent
discharges in accordance with the Rules and Regulations of the Water Quality Control
Commission, and the Environmental Protection Agency.
16. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall be operated in accordance with the approved Dust Abatement Plan, at all
times.
17. This facility shall adhere to the maximum permissible noise levels allowed in the
Non-Specified Zone, as delineated in Section 14-9-30 of the Weld County Code.
18. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times. For employees or contractors on the site for less
than two (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 (WCDPHE). Portable toilets shall be serviced by a cleaner licensed in
Weld County and shall contain hand sanitizers.
19. Sewage disposal for the office/shop building shall be by septic system. Any septic
system located on the property must comply with all provisions of the Weld County
Code, pertaining to the Individual Sewage Disposal System (I.S.D.S.).
20. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes for the office/shop building. The facility shall utilize the existing public water
supply for the office/shop building.
21. All potentially hazardous chemicals must be handled in a safe manner in accordance
with product labeling. All chemicals must be stored secure, on an impervious surface,
and in accordance with manufacturer's recommendations.
22. The applicant shall develop an Emergency Operations and Safety Plan to be reviewed
with the Office of Emergency Management and the local Fire Protection District on an
annual basis.
23. Processed wastewater (such as floor drain wastes) shall be captured in a watertight
vault and hauled off for proper disposal. Records of installation, maintenance, and
proper disposal shall be retained.
24. The applicant shall obtain a Colorado Discharge Permit System (CDPS) Permit from the
Colorado Department of Public Health and Environment (CDPHE), Water Quality Control
Division, as applicable.
2014-2604
PL2285
DEVELOPMENT STANDARDS (USR14-0027) — MICHAEL DECKER, CIO MILLER HFI, LLC
PAGE 3
25. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
26. 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.
27. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
Icause a nuisance or interfere with the use of the adjacent
properties where such would 1
properties in accordance with the plan. Neither the direct, not 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.
28. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
P p
29. Necessary personnel from the Weld County Departments of Planning Services, Publ
ic
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.
30. 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.
31. 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.
32. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the plat and recognized at all times.
2014-2604
PL2285
Hello