HomeMy WebLinkAbout20121037.tiff HEARING CERTIFICATION
DOCKET NO.2012-24.A
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR12-0003, FOR AN OIL AND GAS SUPPORT AND SERVICE (STORAGE AND
MAINTENANCE OF EXCAVATION EQUIPMENT, SEMI-TRUCKS AND WATER
TANKS)IN THE A(AGRICULTURAL)ZONE DISTRICT—MICHAEL AND KIMBERLEA
MILLER
In A public hearing was conducted on May 9,2012,at 10:00 a.m.,with the following present:
Commissioner Sean P.Conway,Chair
Commissioner William F.Garcia,Pro-Tem
Commissioner Barbara Kirkmeyer
Commissioner David E.Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board,Esther Gesick
Assistant County Attorney,Brad Yatabe
Planning Department representative,Michelle Martin
Public Works representative,Heidi Hansen
Health Department representative,Lauren Light
The following business was transacted:
e I hereby certify that pursuant to a notice dated March 16, 2012, and duly published
March 21,2012,in the Fort Lupton Press,a public hearing was conducted on April 18,2012,to
consider the request of Michael and Kimberlea Miller,for a Site Specific Development Plan and
Use by Special Review Permit, USR12-0003,for an Oil and Gas Support and Service(storage
and maintenance of excavation equipment, semi-trucks and water tanks)in the A(Agricultural)
Zone District. At said hearing,the Board deemed it advisable to continue the matter to May 9,
2012,to allow the applicant additional time to attempt to mitigate the concerns of the neighbors
and prepare a thorough presentation and application for the Board's consideration. On May 9,
2012,Brad Yatabe,Assistant County Attorney,made this a matter of record.
ID Michelle Martin, Department of Planning Services, presented a brief summary of the
proposal,entered the unfavorable recommendation of the Planning Commission into the record
as written, and indicated the location of the property and surrounding land uses. She stated
staff has received correspondence from various surrounding property owners expressing
opposition based on impacts concerning noise,views,traffic, lighting,dust,decreased property
values,hardship for livestock,etcetera. Ms. Martin noted the Planning Commission did amend
Development Standards#3 and#4 to be more restrictive; however,the overall application was
still denied. She provided a brief summary of the history of the case for the record,displayed an
aerial map and photographs of the property and surrounding area and responded to questions
from the Board.
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▪ Wendell Heyen, Building Official, reviewed a summary of dates regarding building permit
activity for the conversion of a portion of the shop to incorporate a single family residence;
however, the necessary building permits have not yet been completed. He further stated the
current status of the permit is expired and there is no record of a permit for the office trailer
located on the site.
▪ Heidi Hansen, Department of Public Works, stated the site is accessed using a shared
access from County Road (CR) 72; however, the neighboring property to the east does not
approve of the use for the proposed business. She reviewed the various access options to be
considered by the applicant, and stated the application materials indicate a maximum of 40
truck trips, plus 80 trips for small vehicles. She stated tracking control will be required and the
applicant needs to enter into a standard Road Maintenance Agreement for dust control and the
haul route. She further stated 250 feet of the east side of the site is located within the
floodplain, therefore, storage and parking of equipment will be restricted from that area.
IE Mary Evett, Department of Public Health and Environment, reviewed the water and sewer
provisions for the property, as well as the requirements to be met. She also provided a brief
overview of the Waste Handling Plan and Dust Abatement Plan, and indicated the office trailer
sewage system needs a permit and a permanent source of water. IE In response to
Commissioner Kirkmeyer, Ms. Evett reviewed the requirements for the fuel tanks on the site,
which need to be complied with, regardless of whether the USR is approved.
▪ Michael Miller, applicant, explained he initially intended to build his home on the site;
however, that project was never completed. He stated he started this process in November,
2010, and he reviewed his progress leading up to the current application. He displayed a
PowerPoint presentation, marked Exhibit Q, including pictures of alternate sites which were
considered, the subject site, and surrounding properties. He also discussed his intensions
concerning the access easement, and he reviewed the existing oil and gas and farm traffic
currently in the area. Mr. Miller stated the primary concerns are impacts to traffic and views,
and, if approved, he is prepared to plant trees for screening, move the office into the shop,
gravel the yard for dust control, construct adequate containment for the fuel tanks, and continue
farming the remaining 60 acres.
e In response to Chair Conway, Mr. Miller stated he spoke with most of the neighbors who
indicated no real problems with the business; however, they later presented testimony in
opposition at the Planning Commission hearing. He clarified the application indicates high
traffic counts; however, he does not intend to operate at that level.
Mary Evett corrected her previous statement and clarified if the fuel tanks are related to
the agricultural operations, they will not require registration; however, the applicant will need to
provide a Spill Plan.
▪ In response to Chair Conway, Mr. Miller reviewed his discussions with certain neighbors
and his attempts to mitigate their concerns. He stated he wants to be a good neighbor and
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acknowledged the permitting delays have been due to health issues and potential property
purchases which fell through; however, he currently has the ability to hire the necessary help to
ensure the requirements for this permit are met.
▪ Chair Conway advised those in attendance that the Board will recess the matter for one
hour at 12:30 and asked that people who cannot return after lunch speak first.
ID Patrick McNear, Greeley resident, addressed the issue of incompatibility with a
PowerPoint presentation, marked Exhibit R, which he reviewed for the record. Mr. McNear also
expressed concern with increased traffic and the applicant's lack of response to improve the site
once cited for a violation. Mr. McNear stated, if approved, the operation will result in ongoing
issues between the applicant and the neighborhood which the County will need to enforce upon
because the Development Standards are not specific enough to mitigate concerns regarding
traffic hazards, lack of suitable drainage, impacts on designated wetlands, and use of the
easement. Mr. McNear confirmed he was contacted last week by Mr. Miller and he reviewed
the points of the conversation for the record. IE In response to Commissioner Kirkmeyer, Mr.
McNear indicated the location of his property and stated during the 27 years he has lived there,
the neighborhood has transitioned to primarily residential use, with a dairy to the east, and
limited commercial.
▪ Kaycee Lytle, surrounding property owner, stated they are impacted by the business;
however, they were not contacted, and he also expressed safety concerns regarding the
intersection of County Roads 29 and 72. In response to Commissioner Rademacher, Mr. Lionel
indicated the location of his house and stated they have lived in the area for ten months.
El Tyler Hodgson, surrounding property owner, stated they purchased their property in July,
2011, with plans to involve their children in 4-H and agricultural activities. He expressed
opposition based on incompatibility with the area and increased traffic. In response to
Commissioner Rademacher, Mr. Hodgson indicated the location of his property.
e Lawrence Merritt, surrounding property owner, stated he purchased his property in 2005,
and he grows hay for his horses and cows. He indicated agreement with the comments of the
previous speakers and added he was not contacted since the last hearing. Mr. Merritt also read
a letter from Phil Crow for the record. In response to Commissioner Kirkmeyer, Mr. Merritt
stated he does not own the access easement.
El Marshall Ernst, surrounding property owner, indicated the location of his property and
stated he currently resides in the Town of Windsor but intends to build in the area in the future.
He expressed opposition concerning a commercial operation in an agricultural area, which will
result in environmental impacts, increased traffic, decreased property values, damage to local
roads, dust resulting in health hazards, incompatible hours of operation, groundwater
contamination, and inadequate screening. Mr. Ernst also expressed concern regarding the
applicant's lack of compliance, despite his previous experience with the Weld County Planning
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Commission. He asked the Board to take the property rights of area residents into
consideration and submitted his written comments, marked Exhibit L.
▪ JoAnn Merritt, surrounding property owner, expressed concern with increased truck traffic
and trash. She also noted the applicant did not contact them following the previous hearing.
▪ Martie Harrison-Dumm, indicated the location of their property and clarified they do plan to
move to the property in the future. She expressed agreement with the previous statements of
opposition, referenced Section 23-2-220.A.4 of the Weld County Code, and stated it is apparent
future development will continue as residential and agricultural, not commercial.
e Dale Sanders, surrounding property owner, stated in initial conversations with the
applicant he did not realize the extent of the impact and amount of truck trips proposed for the
joint access. He stated the business is good; however, it is creating a negative impact on the
area. If approved, he stated the applicant has the ability to build a new access without using the
current access easement. Mr. Sanders addressed questions from the Board.
El Barbara Ernst, surrounding property owner, stated the applicant contacted them two
weeks ago to discuss constructing a fence; however, there is some debate with determining the
location of the lot line. She stated the applicant has only recently contacted some of the area
residents as a result of this process, he does not have written permission from the owner of the
easement to conduct the business, she submitted copies of tax liens on the property, marked
Exhibit M, and addressed questions from the Board.
IE Gene Oblander, surrounding property owner, stated he supports the previous comments
of opposition and added the Board should discuss a Cease and Desist Order with a daily
penalty.
e Dawn Scogland, surrounding property owner, stated they have lived in the area since
1997, and she reiterated the concerns cited in her letter, previously submitted as Planning
Commission Exhibit 6.B, regarding water quality.
El At 12:30 p.m., Chair Conway recessed the matter and stated the Board will reconvene at
1:30 p.m.
▪ Upon reconvening, Janine Oblander, surrounding property owner, expressed concern with
potential groundwater contamination from the seepage pond and stated they want the area to
remain agricultural/residential in nature, without impacts from a commercial trucking operation.
• Gary Booth, surrounding property owner, stated he agrees with the previous comments of
opposition and indicated the area consists of generational farms which are maintained and
operated in a professional manner. He reviewed the other properties he owns and operates
with farming/animal confinement operations, expressed concern with the applicant's ability to
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comply with the regulations due to the associated costs, and asserted this is not an appropriate
location for the proposed use.
El Theresa Sanders, surrounding property owner, reviewed the changes she has observed
since the applicant began operations from the site, and clarified when they were approached for
use of the access road, it was not represented as 100 truck trips per day. She asserted the
applicant has only contacted a few people, he has not made an accurate representation of his
intensions, and knowingly chose to operate in violation of the County's zoning regulations. She
reiterated there is no legal document granting Mr. Miller a right to use the private access road,
the current operation does not abide by the designated hours of operation, and regardless of the
location of the access, it will still negatively impact the area. In response to Commissioner
Kirkmeyer, Ms. Martin explained the Recorded Exemption plat does show the easement
certificate; however, there was no requirement for a shared easement agreement.
Kasey Hodgson, surrounding property owner, stated they moved to the area in July, 2011,
and she expressed concern with increased traffic, groundwater contamination, and hazardous
conditions on CR 29.
El There being no further comments, Chair Conway closed public testimony. Mr. Miller
referenced Mr. McNear's presentation and offered rebuttal comments regarding compatibility,
clarified there are no wetlands on his property, indicated he intends to construct a new access,
and displayed photographs of surrounding properties to demonstrate the existing standards in
the neighborhood, which should be equally applied to his application.
e Commissioners Long and Kirkmeyer redirected the applicant to limit his comments to his
mitigation efforts and plans, rather than passing judgment on neighboring properties. Mr. Miller
indicated the oldest equipment is four years old and very eco-friendly for air emissions, he
intends to create a new access, and he will plant landscape buffers on the east and west sides
of the property; however, he cannot change the fact that some of his neighbors are up on a hill
looking down on his property. Mr. Miller also addressed dust and drainage controls, reiterated
there are similar excavation, trucking, and manufacturing operations within the vicinity of his
property, and asserted that agricultural operations are, by nature, also commercial operations.
He stated area residents need to accept that there will be noise, dust, odor, etcetera, in an
agricultural area, and his business supports the oil and gas industry. He referred to the
Comprehensive Plan and stated the Code allows for this type of use in the A (Agricultural) Zone
District, and he is willing to agree to numerous Conditions of Approval and Development
Standards to ensure the operation is compatible with the area.
a In response to Chair Conway, Mr. Miller requested Development Standard #3 be modified
to allow operations seven days a week, and that Development Standard #4 allow for nine full-
time employees. Ms. Evett stated Condition of Approval #1.D addresses the design of the
septic system to address the number of employees; however, staff is requiring an updated plan
from the one received in January, 2011. In response to Commissioner Kirkmeyer, Mr. Miller
confirmed there will be no cleaning of water tanks on the site, he will develop the office space
within the shop upon issuance of a building permit, and they are currently using a portable toilet
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since the trailer is not connected to a septic system. Responding to the Mr. Yatabe, Mr. Miler
confirmed he is aware of Condition of Approval #1.N which requires removal of the mobile office
trailer before recording the plat.
e In response to Commissioner Rademacher, Mr. Miller stated inclement weather or
equipment repairs would be considered an emergency. Following discussion, the Board
indicated the desire to leave Development Standard #3 unchanged. Responding to Chair
Conway, Mr. Miller stated he has reviewed, and agrees to abide by, the Conditions of Approval
and Development Standards, as proposed.
E Commissioner Rademacher made his findings for the record and stated he supports the
application with reservations.
El Commissioner Kirkmeyer made her findings for the record and stated she does not
support the application.
la Commissioner Garcia made his findings for the record and stated he does not support the
application.
▪ Commissioner Long made his findings for the record and stated he does not support the
application.
ID Commissioner Garcia added it is also difficult to support the application based on the
applicant's failure to meet with neighbors in a timely manner, or propose mitigation measures
which adequately satisfy his concerns.
e Commissioner Rademacher stated, based on the previous discussion, he still believes this
operation could work at this location; however, he agreed that the applicant did not take the
necessary steps to demonstrate his ability to meet compliance and, therefore, he does not
support the application.
E Chair Conway stated the testimony provided, and the applicant's own attempt to locate to
another site, is evidence that this is not the right site for this operation. He stated a denial will
avoid a perpetual violation situation for the applicant. He thanked all of the residents for their
time and urged them to reach out to their neighbor and support his business goals to benefit the
County in terms of employment. Based on the Planning Commission recommendations and the
discussion of his colleagues, Chair Conway stated he does not support the application.
El Commissioner Kirkmeyer moved to deny the request of Michael and Kimberlea Miller for a
Site Specific Development Plan and Use by Special Review Permit, USR12-0003, for an Oil and
Gas Support and Service (storage and maintenance of excavation equipment, semi-trucks and
water tanks) in the A (Agricultural) Zone District, based on the recommendation of the Planning
Commission. The motion was seconded by Commissioner Garcia, and it carried unanimously.
There being no further discussion, the hearing was completed at 3:05 p.m.
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This Certification was approved on the 14th day of May, 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: EXCUSED DATE OF APPROVAL
Sean P� Cpl , CF ,
Weld County Clerk to the Board (//(A/ / S/
• William F. Garcia, Pro- e
BY: %.,j,N ,t /
Deputy Cler to the Bop VA J . N
V Ns / rba irkmeyer
e'
4.411; David E. Long•
', • 15ougla Rademach r
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EXHIBIT INVENTORY CONTROL SHEET
Case USR12-0003-MICHAEL AND KIMBERLEA MILLER
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing(Minutes dated 4/3/2012)
D. Planning Staff E-mail response to Dale Sanders,dated 4/11/2012
Recommendation against continuance request,dated
E. Planning Staff 4/13/2012
F. Barbara Ernst E-mail of Opposition,dated 4/16/2012
G. Barbara Perusek Letter and E-mail of Opposition,dated 4/18/2012
H. Mike Miller iPad message re:Continuation,dated 4/18/2012
I. Eric and Andrea Peterson E-mail of Opposition,dated 4/18/2012
Mike and Penny
J. Guttersen Letter of Opposition,dated 5/8/2012
K. Art Guttersen Letter of Opposition,dated 5/8/2012
L. Marshall Ernst Notes used for public comment,5/9/2012
M. Barbara Ernst Tax records,dated 4/11/2012
N. Pat McNear Notes used for public comment,5/9/2012
O. Lory Merritt E-mails,dated 4/1/2012 and 3/6/2012
P. Phil Crowe Letter of Opposition
Q. Applicant PowerPoint Presentation
R. Pat McNear PowerPoint Presentation
S.
T.
U.
V.
W.
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