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Home My WebLink About20121044.tiff HEARING CERTIFICATION DOCKET NO. 2012-24 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 A public hearing was conducted on April 18, 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: El 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 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. Brad Yatabe, Assistant County Attorney, made this a matter of record. IE Commissioner Garcia disclosed he received an I-message on his I-Pad yesterday and opted not to read it until it is formally submitted for the entire Board's review; therefore, he does not believe it will affect his partiality in hearing the matter. Mr. Yatabe marked the correspondence as Exhibit H and also referenced a letter submitted by Barbara Perusek, marked Exhibit G. El Michelle Martin, Department of Planning Services, stated the applicant is requesting a continuance of the matter to research possible mitigation solutions and attempt to reduce impacts on the surrounding property owners. Ms. Martin stated staff is not in support of the request for the various reasons cited in her memorandum, dated April 13, 2012, marked Exhibit E. e Michael Miller, applicant, stated he was not previously aware of some of the issues presented at the Planning Commission hearing held on April 3, 2012, and he did not receive a copy of the minutes until April 10, 2012. He stated he respects the public input; however, due to 9L, C'\ ,PU3, 2012-1044 au-1 a PL2155 HEARING CERTIFICATION -MICHAEL AND KIMBERLEA MILLER (USR12-0003) PAGE 2 the short time between the two hearings, he has not had adequate time to address the issues and he requested a 90-day continuance. Mr. Miller stated this is his first request for a continuance and he wants to look into the accusations of pollution and incompatibility. e In response to Chair Conway, Ms. Martin reiterated staff's reasons for opposition to a continuance, stating the applicant has been made aware of the complaints through letters which were forwarded to Mr. Miller as they were received. She stated the issues presented at the Planning Commission hearing were previously mentioned in the letters; however, there were more people who presented similar concerns at the hearing. She confirmed the business is currently active, without the proper building permits or septic permit, staff first met with the applicant in January, 2011, and a formal Violation case was initiated in August, 2011; however, a USR application was not submitted until January, 2012. IE Responding to Chair Conway, Mr. Yatabe advised that public testimony may be received; however, it should be limited to the narrow issue of a continuance. El In response to Chair Conway, Mr. Miller confirmed he is currently operating the business; however, staff has not advised him to cease while in the USR process, and he would like additional time to adequately prepare his presentation because he has a lot at stake. e Commissioner Rademacher stated he is not willing to continue the matter for 90 days; however, he does want to see a complete application. Commissioner Garcia agreed, since it is the first request for a continuance; however, he is also willing to hear testimony from the public who are present today and may be unable to attend a future hearing date. Commissioner Long agreed; however, he would be hesitant to accept testimony on issues which the applicant may mitigate prior to the next hearing. Commissioner Kirkmeyer stated she is willing to allow testimony, but recognized some of the comments may change after a continuance. Commissioner Rademacher commented some of today's testimony may also help the Board in determining how long to continue the matter. Mr. Miller stated he would appreciate the additional input so he can attempt to address the issues prior to the next hearing. El Bruce Barker cautioned the public will be at a disadvantage if allowed to comment before hearing the presentations from staff or the applicant. ID Richard Dumm, surrounding property owner, stated he personally went through the USR process one year ago for an intended use on his property; however, Mr. Miller, who previously served on the Planning Commission and is thoroughly familiar with the process, has chosen to operate illegally since 2002, which is not reasonable in this case. El Marshall Ernst, surrounding property owner, agreed with the previous speaker and invited approximately 20 individuals in attendance to stand indicating their opposition to the application. He stated, as previously announced, Commissioner Kirkmeyer needs to leave before this hearing will be completed, and it would be his preference to allow a continuance before getting started. He stated 30 days should be sufficient, and he requested the matter be heard on a day 2012-1044 PL2155 HEARING CERTIFICATION -MICHAEL AND KIMBERLEA MILLER (USR12-0003) PAGE 3 when the hearing may start promptly at 10:00 a.m., as advertised. The Board offered an apology for the delayed start; however, they explained the length of the regularly scheduled 9:00 Board meeting is often out of their control. El The Board discussed possible dates and Mr. Ernst indicated the neighborhood group will be available May 9, 2012. El Lawrence Merritt, surrounding property owner, also expressed agreement with a continuance to May 9, 2012, and extended an invitation to the applicant to meet with those present today. In response to Mr. Merrill, the Board explained unless there is an imminent health risk, often a violation situation is allowed to continue while the applicant is in the process of obtaining the necessary permits. El Commissioner Kirkmeyer moved to continue 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, to May 9, 2012, at 10:00 a.m. The motion was seconded by Commissioner Rademacher, and it carried unanimously. There being no further discussion, the hearing was completed at 11:55 a.m. This Certification was approved on the 23rd day of April, 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: j� 6 �l Sean P. y, Chair C Weld County Clerk to the Board 7-1X-1 ��..� Will'-m F. Garcia, Pro-T4m BY: an SINN ``` G l Deputy CIA to the Bo.. f. GS / Gti • I :ar Kirkmeyer tsars°V'3� 'zQAn CjR( %©I' A, •avid E. Long / DouglaIRademac r 2012-1044 PL2155 Hello