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BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• This case was remanded by the Board of Weld County Commissioners on September 3, 2014, to the five
members of the Planning Commission who originally heard the case on August 19, 2014, for further
consideration and a recommendation without accepting additional evidence into the hearing record.
Moved by Bruce Sparrow, that the following resolution be introduced for denial by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR14-0027
APPLICANT: MICHAEL DECKER, C/O MILLER HFI, LLC
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT 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
LEGAL DESCRIPTION: LOT B REC EXEMPT RE-4174; PART W2NW4 SECTION 1, T3N, R67W OF
THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 38;APPROXIMATELY 0.75 MILES WEST
OF CR 25.
be recommended unfavorably to the Board of County Commissioners for the following reason:
It is the opinion of the Planning Commission that the applicant has not shown compliance with Section
23-2-220(3), in that the USES which would be permitted pursuant to the proposed Use by Special Review
would not be compatible with the existing surrounding land USES.
• 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.
Should the Board of County Commissioners approve the proposal, the Planning Commission
recommends 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. (Department of Planning Services)
B. The applicant shall submit a Screening Plan to the Department of Planning Services for
review and approval. All parking areas shall be screened from adjacent properties and public
rights of way. (Department of Planning Services)
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. (Department of Planning
Services-Engineer)
D. The applicant shall address the requirements of CDOT as stated in their referrals. Evidence
of such shall be submitted in writing to Weld County Department of Planning Services.
(Department of Planning Services - Engineer)
E. County Road 38 has been annexed by the Town of Platteville. The Town has jurisdiction
over this access. Please contact the town to verify the access permit or for any additional
requirement that may be needed to obtain or upgrade the permit. (Department of Planning
• Services- Engineer)
EXHIBIT
F. The applicant shall address the requirements of Platteville as stated
Evidence of such shall be submitted in writing to Weld County Depa
Services. (Department of Planning Services - Engineer)
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RESOLUTION USR14-0027
MICHAEL DECKER, C/O MILLER HFI, LLC
• PAGE 2
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 & Environment.
The plan shall include disposal/recycling of tires, batteries and other scrap parts generated
from vehicle maintenance, including the names, telephone numbers and addresses of the
waste handlers and disposal/recycling facilities. (Department of Public Health and
Environment)
H. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR14-0027. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The plat shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
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. (Department of Planning Services)
5) The approved Lighting Plan, as shown on the plat. (Department of Planning Services)
6) The approved Screening Plan. (Department of Planning Services)
• 7) The approved Parking Plan. (Department of Planning Services)
8) Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated
on the plat per the setback requirements of 23-3-50.E of the Weld County Code.
(Department of Planning Services)
9) Label the approved Town of Platteville accesses on the plat with access permit number if
applicable. (Department of Planning Services- Engineer)
10) Show standard tracking control and standard access turning radius for access onto
publically maintained roads. (Department of Planning Services - Engineer)
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. (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 plat for preliminary approval to the Weld County
Department of Planning Services. 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 shall
be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning
Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. 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 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
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 added
for each additional three (3) month period. (Department of Planning Services)
• RESOLUTION USR14-0027
MICHAEL DECKER, C/O MILLER HFI, LLC
PAGE 3
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 maosco.weld.co.us. (Department of Planning Services)
5. Prior to construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior
to the start of construction. (Department of Planning Services - Engineer)
B. Right of way permit is required for any work within the public right of way. (Department
of Planning Services- Engineer)
6. Prior to Operation
A. Accepted construction drawings and construction of the offsite roadway improvements
are required prior to a certificate of occupancy being issued and prior to operation.
(Department of Planning Services- Engineer)
7. Prior to the issuance of a Certificate of Occupancy:
A. An individual sewage disposal system 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. (Department of Public Health and Environment)
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. (Department of Planning Services)
Motion seconded by Joyce Smock.
VOTE:
For Denial Against Denial Abstain
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
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.
• RESOLUTION USR14-0027
MICHAEL DECKER, C/O MILLER HFI, LLC
PAGE 4
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 September 16, 2014.
Dated the 16th of September, 2014.
411-/i5InAtAl/ZZ&Orl
Kristine Ranslem
Secretary
•
0
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
• DEVELOPMENT STANDARDS
Michael Decker, do Miller HFI, LLC
USR14-0027
1. 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
roustabout 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. (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 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. (Department of
Planning Services)
4. The hours of operation are 24-hours a day / 7-days a week, as stated by the applicant. (Department
of Planning Services)
5. The screening on the site shall be maintained in accordance with the approved Screening Plan.
(Department of Planning Services)
6. The lighting on the site shall be maintained in accordance with the approved Lighting Plan.
(Department of Planning Services)
7. The parking on the site shall be maintained in accordance with the approved Parking Plan.
(Department of Planning Services)
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. (Department of Planning Services
- Engineer)
9. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services- Engineer)
10. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Planning Services- Engineer)
11. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized
(Department of Planning Services- Engineer)
12. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30 20
100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Department of Public Health and Environment)
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, 30 20 100.5, C.R.S., as amended. (Department of Public Health and Environment)
• 14. 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 applicant
shall operate in accordance with the approved Waste Handling Plan, at all times. (Department of
Public Health and Environment)
RESOLUTION USR14-0027
• MICHAEL DECKER, C/O MILLER HFI, LLC
PAGE 6
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. (Department of Public Health and Environment)
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. (Department of Public
Health and Environment)
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. (Department of Public Health and
Environment)
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 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)
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 Individual
Sewage Disposal Systems. (Department of Public Health and Environment)
• 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. (Central Weld County Water District).
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. (Department of Public Health and Environment)
22. Process 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.
(Department of Public Health and Environment)
23. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment (CDPH&E), Water Quality Control Division, as
applicable. (Department of Public Health and Environment)
24. 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)
25. A building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the
following has been adopted by Weld County: 2012 International Codes; 2006 International Energy
Code; 2011 National Electrical Code; A building permit application must be completed and two
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 registered
State of Colorado engineer shall be required or an open hole inspection. (Department of Building
Inspection)
• 26. 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.
• RESOLUTION USR14-0027
MICHAEL DECKER, C/O MILLER HFI, LLC
PAGE 7
27. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
28. 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.
29. 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.
30. 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.
31. 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 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
RESOLUTION USR14-0027
MICHAEL DECKER, C/O MILLER HFI, LLC
• PAGE 8
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.
11
S
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
• RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Michael Wailes, 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: USR14-0027
APPLICANT: MICHAEL DECKER, C/O MILLER HFI, LLC
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT 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
LEGAL DESCRIPTION: LOT B REC EXEMPT RE-4174; PART W2NW4 SECTION 1,T3N, R67W OF THE
6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 38;APPROXIMATELY 0.75 MILES WEST
OF CR 25.
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.G - A.Goal 7 states, "County land use regulations should protect the
•
individual property owner's right to request a land use change." and 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 USR permit for a roustabout. The application materials state
that there will be a shop,an 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 are 24-hours a day/7-days a week.
The Conditions of Approval state that a Screening Plan is required. This Plan along with the
Development Standards and the Conditions of Approval for this proposal will assist in
mitigating the impacts of the facility on the adjacent properties.
B. Section 23-2-220.A.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(an oil and gas roustabout to include a 16,500 square foot shop,parking
for commercial and employee vehicles) 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 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 60 feet west of the west property
line.
• There are two(2)USRs located within one mile of this parcel. USR-1063 for a power plant is
west of the site and USR-798 for a wood mulching business is east of the site. The Weld
County Department of Planning Services has received thirteen(13)letters from surrounding
a.ot"-t— -(,OS
RESOLUTION USR14-0027
MICHAEL DECKER, C/O MILLER HFI, LLC
• PAGE 2
property owners and ten (10) of the letters are of 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 Approval state that a Screening Plan is required. This Plan along with the
Development Standards and the Conditions of Approval for this proposal will assist in
mitigating the impacts of the facility on the adjacent properties.
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.
The site is located within the three(3)mile referral area of the Town's of Gilcrest,Milliken and
Platteville. The Town of Gilcrest in their referral comments, dated June10, 2014, and the
Town of Milliken in their referral comments dated June 23, 2014 indicated that they have no
concerns. The Town of Platteville in their 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 to discuss their concerns and the applicant is entering into
a road maintenance agreement and a pre-annexation agreement.
• E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. 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 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 5 acres of
"Prime (Irrigated)" Farmland out of production.
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,
1111 other relevant information regarding the request, and responses from referral entities.
RESOLUTION USR14-0027
MICHAEL DECKER, C/O MILLER HFI, LLC
PAGE 3
• The Planning Commission recommendation for approval is conditional upon the following:
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. (Department of Planning Services)
B. The applicant shall submit a Screening Plan to the Department of Planning Services for review
and approval. All parking areas shall be screened from adjacent properties and public rights of
way. (Department of Planning Services)
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. (Department of Planning Services-
Engineer)
D. The applicant shall address the requirements of CDOT as stated in their referrals. Evidence of
such shall be submitted in writing to Weld County Department of Planning Services. (Department
of Planning Services- Engineer)
E. County Road 38 has been annexed by the Town of Platteville. The Town has jurisdiction over
this access. Please contact the town to verify the access permit or for any additional requirement
that may be needed to obtain or upgrade the permit. (Department of Planning Services -
Engineer)
F. The applicant shall address the requirements of Platteville as stated in their referrals.Evidence of
such shall be submitted in writing to Weld County Department of Planning Services. (Department
• of Planning Services- Engineer)
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 &Environment. The
plan shall include disposal/recycling of tires, batteries and other scrap parts generated from
vehicle maintenance, including the names, telephone numbers and addresses of the waste
handlers and disposal/recycling facilities. (Department of Public Health and Environment)
H. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR14-0027. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The plat shall be prepared per Section 23-2-260.D of the Weld County Code.(Department of
Planning Services)
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. (Department of Planning Services)
5) The approved Lighting Plan, as shown on the plat. (Department of Planning Services)
6) The approved Screening Plan. (Department of Planning Services)
7) The approved Parking Plan. (Department of Planning Services)
RESOLUTION USR14-0027
MICHAEL DECKER, C/O MILLER HFI, LLC
PAGE 4• 8) Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on
the plat per the setback requirements of 23-3-50.E of the Weld County Code.(Department of
Planning Services)
9) Label the approved Town of Platteville accesses on the plat with access permit number if
applicable. (Department of Planning Services- Engineer)
10) Show standard tracking control and standard access turning radius for access onto publically
maintained roads. (Department of Planning Services- Engineer)
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. (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 plat for preliminary approval to the Weld County Department of
Planning Services. 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 shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. 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 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 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 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. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to
the start of construction. (Department of Planning Services- Engineer)
B. Right of way permit is required for any work within the public right of way. (Department of
Planning Services-Engineer)
6. Prior to Operation
A. Accepted construction drawings and construction of the offsite roadway improvements are
required prior to a certificate of occupancy being issued and prior to operation.
(Department of Planning Services- Engineer)
7. Prior to the issuance of a Certificate of Occupancy:
A. An individual sewage disposal system 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.
(Department of Public Health and Environment)
RESOLUTION USR14-0027
MICHAEL DECKER,C/O MILLER HFI, LLC
PAGE 5
• 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. (Department of Planning Services)
Motion seconded by Terry Cross.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
The Chair declared the resolution failed 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 August 19, 2014.
Dated the 19th of August, 2014.
Digitally signed by Kristine Ranslem
T )�. Date:2014.08.29 13:38:19-06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
• DEVELOPMENT STANDARDS
Michael Decker, do Miller HFI, LLC
USR14-0027
1. 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
roustabout 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.(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 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. (Department of
Planning Services)
4. The hours of operation are 24-hours a day/7-days a week,as stated by the applicant.(Department of
Planning Services)
5. The screening on the site shall be maintained in accordance with the approved Screening Plan.
(Department of Planning Services)
6. The lighting on the site shall be maintained in accordance with the approved Lighting Plan.
(Department of Planning Services)
• 7. The parking on the site shall be maintained in accordance with the approved Parking Plan.
(Department of Planning Services)
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. (Department of Planning Services
- Engineer)
9. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services- Engineer)
10. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Planning Services- Engineer)
11. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized
(Department of Planning Services- Engineer)
12. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30 20
100.5, C.R.S., as amended)shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Department of Public Health and Environment)
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, 30 20 100.5,C.R.S.,as amended. (Department of Public Health and Environment)
14. 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 applicant
shall operate in accordance with the approved Waste Handling Plan, at all times. (Department of
• Public Health and Environment)
RESOLUTION USR14-0027
MICHAEL DECKER, C/O MILLER HFI, LLC
• PAGE 7
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. (Department of Public Health and Environment)
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. (Department of Public
Health and Environment)
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. (Department of Public Health and
Environment)
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 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)
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 Individual
Sewage Disposal Systems. (Department of Public Health and Environment)
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. (Central Weld County Water District).
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. (Department of Public Health and Environment)
22. Process 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.
(Department of Public Health and Environment)
23. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment (CDPH&E), Water Quality Control Division, as
applicable. (Department of Public Health and Environment)
24. 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)
25. A building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the
following has been adopted by Weld County: 2012 International Codes; 2006 International Energy
Code; 2011 National Electrical Code; A building permit application must be completed and two
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 registered
State of Colorado engineer shall be required or an open hole inspection. (Department of Building
Inspection)
26. 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.
•
27. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
RESOLUTION USR14-0027
MICHAEL DECKER, C/O MILLER HFI, LLC
• PAGE 8
28. 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.
29. 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.
30. 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.
31. 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 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.
RESOLUTION USR14-0027
MICHAEL DECKER, C/O MILLER HFI, LLC
PAGE 9
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.
f C m r)L'- EXHIBIT
9-AO-/4
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETI 'A
Tuesday, September 16, 2014
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,
Jason Maxey, at 1:30 pm.
Roll Call.
Present: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael
Wailes, Nick Berryman, Terry Cross.
Absent/Excused: Bruce Johnson.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Department of Planning Services; Don Carroll
and Janet Lundquist, Department of Public Works; Lauren Light, Department of Health; Brad Yatabe,
County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the September 2, 2014 Weld County Planning Commission minutes, Moved by Joyce
Smock, Seconded by Bruce Sparrow. Motion passed unanimously.
Brad Yatabe, County Attorney, stated that he provided a handout regarding the selected sections of the
Weld County Code purely for reference in terms of looking at the criteria to consider for these cases.
The Chair read the case into the record:
CASE NUMBER: USR14-0027
APPLICANT: MICHAEL DECKER, C/O MILLER HFI, LLC
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT 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
LEGAL DESCRIPTION: LOT B REC EXEMPT RE-4174; PART W2NW4 SECTION 1, T3N, R67W OF
THE 6TH P.M.,WELD COUNTY,COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 38;APPROXIMATELY 0.75 MILES WEST
OF CR 25.
Mr. Yatabe said that this case was heard by the Planning Commission on August 19'' by five (5)
members of the Planning Commission. At that time, there was a motion to forward this case with a
recommendation of approval. That motion failed and subsequently there was no additional motion made
to recommend denial. That case was forwarded to the Board of County Commissioners with a Non-
Recommendation at their September 3rd hearing. In this case, noting that the vote was not a tie vote, the
County Commissioners are seeking clarity on that as they depend on the recommendation coming from
the Planning Commission. Therefore, the County Commissioners referred the case back to the Planning
Commission with the same 5 members present and that no new evidence would be reviewed.
Motion: Forward Case USR14-0027 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of denial,
Moved by Bruce Sparrow, Seconded by Joyce Smock.
The Chair asked Commissioners Sparrow and Smock to amend their motion so to include a reason for
denial since the staff recommendation is for approval.
Commissioner Sparrow stated that he didn't think Platteville had dealt with this case properly since it is
bordered on 2 sides by Platteville. He added that he heard that Platteville was interested in annexing this
property and until that process is settled he is not in favor of it.
Commissioner Smock cited Section 23-2-220.A.3 as it is incompatible with the surrounding uses.
1
Mr. Yatabe referred to Commissioner Sparrow's comments and understands the verbal reasoning;
however he asked that Mr. Sparrow cite a specific criteria for denial. Commissioner Sparrow said that he
can't point to a County Code but feels that Platteville should have the ability to address this case first,
Mr. Yatabe said that the criteria that the Planning Commission judges cases whether to recommend
approval or denial is based on a finite set of particular criteria as laid out in the Code. Mr. Yatabe asked
Mr. Sparrow if he shares Commissioner Smock's opinion as to the compatibility issue. Mr. Sparrow
believes that the road was put in for commercial use and doesn't disagree with the compatibility as much
as he would like to see the City of Platteville deal with it.
Commissioner Sparrow amended his motion by citing Section 23-2-220.A.3 that the site is not compatible
with surrounding land uses. Commissioner Smock seconded the motion.
Mr. Yatabe said that since a motion was made and seconded and there has since been an amendment to
the original motion, he asked that they vote on the amendment to the motion first. Secondly, he asked
that they vote on the recommendation itself.
Vote: Motion passed (summary: Yes =3, No =2,Abstain = 3).
Yes: Bruce Sparrow, Jason Maxey, Joyce Smock.
No: Michael Wailes, Terry Cross.
Abstain: Benjamin Hansford, Jordan Jemiola, Nick Berryman.
Commissioner Wailes voted no with the same opinion as stated on August 19t.
Commissioner Cross voted no with the same opinion as stated on August 19th.
Motion: Forward Case USR14-0027 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of denial citing
Section 23-2-220.A.3, Moved by Bruce Sparrow, Seconded by Joyce Smock.
Vote: Motion passed (summary: Yes= 3, No= 2, Abstain = 3).
Yes: Bruce Sparrow, Jason Maxey, Joyce Smock.
No: Michael Wailes, Terry Cross.
Abstain: Benjamin Hansford, Jordan Jemiola, Nick Berryman.
Meeting adjourned at 7:10 pm.
Respectfully submitted,
- . Digitally signed by Kristine Ranslem
Date:2014.09.17 08:50:00-06'00'
Kristine Ranslem
Secretary
2
PC TYLi O2
Commissioner Maxey also agreed with the traffic comments. He commended the applicant with all of the
research he has done. He commented that places like Fritzler's and Anderson's exit pretty much directly
onto a State Highway. He believes this is a difficult decision.
Motion: Forward Case USR14-0033 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Bruce Johnson, Seconded by Michael Wailes.
Vote: Motion passed (summary: Yes = 6, No= 2, Abstain = 0).
Yes: Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Michael Wailes, Terry Cross.
No: Joyce Smock, Nick Berryman.
Commissioner Sparrow encouraged the applicant to resolve some of these concerns.
Commissioner Berryman said that there are reasons within the Code to support this application and
encourage it; however he is not entirely comfortable with the traffic that will be coming to this site. He
cited his unfavorable vote due to compatibility and cited Section 23-2-220.A.
Commissioner Smock said that she doesn't believe it is compatible with the surrounding area.
Commissioner Wailes said that this is a difficult case and added that his decision will also affect him since
he lives in this area. Because this is a seasonal activity he is in favor of this request. He believes the
bulk of the traffic and activity will happen in a small time frame. Mr. Wailes said that when we talk about
traffic issues he often thinks if a spike in the traffic actually be better to bring about a quick solution to the
already existing concerns.
Commissioner Maxey agreed with Mr. Berryman in that we look at the Weld County Code and if it is
compatible and added that if it is not compatible can they be mitigated for these cases. He said that the
applicant has a lot of work to do before the County Commissioner hearing and encouraged the applicant
to open up communication with the surrounding property owners. He believes that these mitigation
factors can be controlled and that the applicant can work with the neighborhood to make this a viable
operation. He also agrees with the neighborhood that some of the activities on the proposed list are not
compatible.
The Chair called a recess at 5:29 pm.
The Chair reconvened the hearing at 5:39 pm and noted that Jordan Jemiola, Bruce Johnson, and Nick
Berryman left the meeting.
CASE NUMBER: USR14-0027
APPLICANT: MICHAEL DECKER,CIO MILLER HFI, LLC
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT 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
LEGAL DESCRIPTION: LOT B REC EXEMPT RE-4174; PART W2NW4 SECTION 1, T3N, R67W OF
THE 6TH P.M.,WELD COUNTY,COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 38;APPROXIMATELY 0.75 MILES WEST
OF CR 25.
Diana Aungst, Planning Services, presented Case USR14-0027, reading the recommendation and
comments into the record. Staff has received 13 letters regarding this case. Ms. Aungst noted that 3 of
the letters are from surrounding property owners and 10 letters of support from friends and family for the
property owner located south and adjacent to the site. She added that the letters express concerns
regarding noise, dust, views, traffic, and property values. A neighborhood meeting was held on August 9,
2014 and a revised site plan was submitted by the applicant as a result of this meeting. This revised site
plan shows that the facility is relocated closer to the road and some landscaping added along the west
8
and south property lines. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards.
Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Lauren Light, 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, Greeley, Colorado stated that he represents Miller HFI
and the current landowner, Michael Decker. He stated that they are requesting a trucking roust-a-bout
service for the oil and gas industry. Mr. Naylor said that they have revised the site plan to accommodate
the surrounding property owner concerns. He added that they did hold a neighborhood meeting this last
Saturday,August 9th to address and mitigate their concerns.
Mr. Naylor added that they are working with the Town of Platteville on a Road Maintenance Agreement as
well as a Pre-annexation Agreement.
Commissioner Smock referred to the application that states no manufacturing will take place at this
location. However in the questionnaire it is stated that there is manufacturing. Mr. Naylor said it is a typo
and that it should state there is no manufacturing or fabrication done on site.
Commissioner Maxey asked what other mitigations came from the neighborhood meeting. Mr. Naylor
said that they are proposing additional landscaping on site. He added that they relocated the facility as
far away from the residences as they could.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
• Shari Winterfeld, 11250 CR 38, stated that they purchased their property in February 2014, which is
immediately adjacent to the proposed site. She said that the access easement for this proposed site is
also the only access to her house. She is concerned that it will negatively impact the neighbors with
property values and that this will look like an industrial site. She is concerned with the noise, dust, and
possible contamination for their livestock water supply. Ms. Winterfeld said that the applicants asked
what mitigation they could do and she said that there are no changes that could be made as they
invested their money for their residence. Additionally, she said they thought the hours of operation were
from 5 am to 10 pm; however she heard Mr. Naylor requested a 24 hour per day operation and asked to
confirm what the hours of operation are. The Chair said that the application stated a 24 hour operation.
Commissioner Wailes clarified that the application states it is a 24 hour operation; however normal
business hours are 5 am to 10 pm.
Shirley Larson, 12056 CR 38, stated that she is concerned with the 450 trips per day and the amount of
traffic it brings. She is also concerned with the hours of operation, noise, traffic safety, and pollution.
Jami Woodward, 472 Hedgerow Way, Brighton, stated that she is the oldest daughter of Shari Winterfeld.
She is concerned for her two (2) children who play in a playground 10 to 15 feet from County Road 38
and having the large amount of truck trips that close to the roadway. She added that having 60 diesel
trucks start up at one time in the morning will be noisy but will also cause pollution.
Linda Wright-Winterfeld said that Shari Winterfeld and her family have been saving many years to invest
in their home in the country. She said that there will be a lot of traffic and they will be competing with 450
trucks to get to their property.
The Chair asked Mr. Naylor to explain the hours of operation. Mr. Naylor said that if there would be a
snow storm they may need to get a grader the middle of the night to start grading snow to get to the oil
and gas operations and they don't want to be outside that time frame. The normal hours of operation will
be from 6 am to 10 pm. They requested the 24 hour operation for possible expansion.
9
Mr. Naylor said that they reached out to the neighbors because they want to be good neighbors. The
Division of Wildlife submitted a referral which indicated that they had no concerns. Mr. Naylor said that
they moved the impact of the facility to create a 1200 foot buffer from the facility to the southern property
line. Additionally, the playground is owned by Mr. Decker and the applicant, Mr. Harding, has asked that
a fence be placed around the playground for the safety of the children playing there.
Commissioner Maxey asked if these trucks have back up alarms. Mr. Naylor said that they do have
alarms according to OSHA requirements. He said that these should meet the noise requirement but
added that it may still be heard.
Commissioner Maxey asked about additional screening other than the parking area as that might help
with some of the light and noise concerns. Mr. Naylor said that it will be difficult to see the facility with a
1200 foot buffer of irrigated farmland. Mr. Naylor said that they have not developed a full landscape plan
but it is something they are working on.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Commissioner Sparrow said that however this vote turns out he wanted to let the audience know that they
heard everything they said and appreciated that they came to voice their concerns.
Commissioner Smock stated that she respects the landowner's rights. She added that this project will
significantly change the neighbor's lives with the amount of traffic and she is concerned about that.
Commissioner Wailes said that someone could build a large shop for their farming equipment and the
traffic would be considerably less than this proposed case. However, if this mining operation takes off
traffic will become an issue then. He said that the applicant has done an outstanding job to mitigate as
much of this as they possibly can.
• Commissioner Maxey questioned why this facility is not located in the Industrial Subdivision located at
County Road 44 and Highway 85. Commissioner Sparrow indicated that it might have been because this
site is sold per acre price where the industrial site is sold at per square foot price.
Motion: Forward Case USR14-0027 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 Michael Wailes, Seconded by Terry Cross.
Vote: Motion failed (summary: Yes = 2, No= 3, Abstain = 0).
Yes: Michael Wailes, Terry Cross.
No: Bruce Sparrow, Jason Maxey, Joyce Smock.
Absent: Bruce Johnson, Jordan Jemiola, Nick Berryman.
Commissioner Sparrow stated that he doesn't think everything is settled with Platteville and would like
them to design their site in a way that the City would like it.
Commissioner Wailes believes that the applicants have gone out of their way to work with the neighbors
and thinks that this relationship will continue.
Commissioner Cross stated that he concurred with Mr. Wailes and added that the applicants have done a
very thorough job of trying to mitigate these concerns. He added that unfortunately the progress of the oil
and gas industry comes at a cost for many people.
Commissioner Maxey said that he is huge on private property rights and being able to do with your
property within the bounds of the County Code. He said that this case has put everyone on notice that
there are things happening in this area regardless if this case is approved by the Board of County
Commissioners. He added that this site is currently under a Pre-Annexation Agreement with the Town of
Platteville and added that the public will then be dealing with the Town of Platteville along with the
development of the mining operation in this area. Mr. Maxey said that he does struggle with
• inconveniencing neighbors. He cited Section 23-2-220.A.4 regarding compatibility and said that he
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believes this Section has been met; however he cited Section 23-2-220.A.3 regarding uses that are
• compatible with the existing surrounding land uses and doesn't agree that this Section has been met.
The Chair recognized that the motion for approval failed and asked if there was a motion to deny. No one
wished to speak.
Brad Yatabe, County Attorney, stated that if there is no motion to deny this case it will be forwarded to the
Board of County Commissioners as a Non-Recommendation.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss.
Commissioner Maxey referred to the previous case regarding the corn maze and asked if it would be
possible to overlay the site plan onto the aerial view so that they can see where they are laying things out
in relation to the terrain of the land.
Meeting adjourned at 7:30 pm.
Respectfully submitted,
i/2 Digitally signed by Kristine
i 1�. Ranslem
Date:2014.08.26 11:05:27-06'00'
Kristine Ranslem
Secretary
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