HomeMy WebLinkAbout20142617.tiff HEARING CERTIFICATION
DOCKET NO. 2014-64.B
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR74-0027, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, INCLUDING
OIL AND GAS SUPPORT AND SERVICE (AN OIL AND GAS ROUST-A-BOUT TO
INCLUDE A 16,500-SQUARE FOOT SHOP AND PARKING FOR COMMERCIAL AND
EMPLOYEE VEHICLES) IN THE A (AGRICULTURAL) ZONE DISTRICT —
MICHAEL DECKER, CIO MILLER HFI, LLC
A public hearing was conducted on September 17, 2014, at 10:00 a.m., with the following
present:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner William F. Garcia
Also present:
Acting Clerk to the Board, Susan Brown
Assistant County Attorney, Brad Yatabe
Planning Department representative, Michelle Martin
Public Works representative, Don Carroll
Health Department representative, Lauren Light
The following business was transacted:
El I hereby certify that pursuant to a notice dated July 24, 2014, and duly published July 29,
2014, in the Greeley Tribune, a public hearing was conducted on September 3, 2014, to
consider the request of Michael Decker, c/o Miller HFI, LLC, for a Site Specific Development
Plan and Use by Special Review Permit, USR14-0027, for Mineral Resource Development
Facilities, including Oil and Gas Support and Service (an oil and gas roust-a-bout to include a
16,500-square foot shop and parking for commercial and employee vehicles) in the A
(Agricultural) Zone District, at which time the Board continued the matter to September 17,
2014, to allow for further consideration for the Planning Commission to make a formal
recommendation. On September 17, 2014, Brad Yatabe, Assistant County Attorney, made this
a matter of record.
le Michelle Martin, on behalf of Diana Aungst, Department of Planning Services, presented a
brief summary of the Planning Commission's second hearing on this matter, at which a motion
to deny passed 3/2. She said the items cited were compatibility, and the opinion that the
applicant needs to annex to the Town of Platteville.
le Tim Naylor, AGPROfessionals, representing the applicant, stated he has no new
information to add into the record.
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HEARING CERTIFICATION - MICHAEL DECKER CIO HFI, LLC (USR14-0027)
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Chair Rademacher opened the floor to public input, for any testimony not previously
considered. e Troy Renken, Town Manager of Platteville, stated a joint study session was
held with five (5) members of the current Board of Trustees and the Planning Commission and
reviewed the topics discussed, specifically County Road 38 in the Town's northern growth
boundary area, which he outlined. He said that, after an involved conversation between the
parties, the consensus was that Platteville wants an opportunity to review all applicable
development cases within this area. It was unanimously stipulated there could be a mix of
agricultural and industrial use. Platteville desires an annexation agreement if the USR does not
go through, and if the USR is passed, they would like a concurrent application. Mr. Renken
addressed the Road Maintenance Agreement on County Road 38, particularly the portion
previously conveyed to the Town of Platteville. He confirmed Platteville has a non-updated
Intergovernmental Agreement (IGA) with the County and wants a condition for the Road
Maintenance Agreement to be a part of the USR. El Ms.Ms. Martin said this property is not t
that IGA's developmental boundaries, which stop at County Road 36, although property has
been annexed in that area. a Chair Rademacher said he is willing to go with the County's
new IGA. a Commissioner Kirkmeyer said the new Coordinated Planning Agreement with
Ft. Lupton and Keenesburg, allows applicants to go through the process, but gives
municipalities the first right of refusal. Commissioner Kirkmeyer said applicants are required to
talk to the Mayor and a new IGA will likely take three weeks, noting she will not be available until
then. Chair Rademacher said the applicant is not required to annex, but they do need to have a
conversation. C Commissioner Freeman stated he is not in favor of putting this application
on hold while that decision is made, noting that Platteville may annex whether the USR is
approved or not.
El Commissioner Conway concurred with Commissioner Freeman that the applicant deserves
an answer today. IE Commissioner Garcia noted there are a lot of community concerns, but
development will continue, so the question becomes "whose jurisdiction is it?' He said the
resolution's Conditions of Approval and Development Standards address neighborhood
concerns and will protect the neighbors until the annexation occurs; therefore, the best way to
look out for the neighbors is to proceed today. Chair Rademacher concurred. El Mr. Naylor
stated he is fine with the Condition of Approvals and Development Standards as written.
ID Commissioner Kirkmeyer addressed Condition of Approval #1.B; fuel tanks approved at
the previous hearing need to be added to the list of what is screened; this was done by assent
of the Board. Commissioner Kirkmeyer also addressed Condition of Approvals#1.E and 1.F. In
#1.F, in order to be consistent with other applications, the wording would be changed to "the
applicant shall 'attempt' to address the requirements of the Town of Platteville..." Ms. Martin
said the applicant can propose landscaping as a part of their screening plan. Mr. Naylor
confirmed they do anticipate doing some landscaping. Commissioner Kirkmeyer requested that
this be changed to the Screening/Landscaping Plan; and that change made throughout the
document. Commissioner Kirkmeyer said, since this is an oil and gas support facility, she would
like to see the Emergency Action Plan Development Standard added; this was done by assent
of the Board. Ms. Light confirmed fuel tanks and their containment are regulated by the State,
so a separate Development Standard for that is unnecessary.
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HEARING CERTIFICATION - MICHAEL DECKER C/O HFI, LLC (USR14-0027)
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F In response to Chair Rademacher, Mr. Naylor indicated he and the applicant have
reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as
amended.
F Commissioner Freeman moved to approve the request of Michael Decker, do Miller HFI,
LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR14-0027, for
Mineral Resource Development Facilities, including Oil and Gas Support and Service (an oil and
gas roust-a-bout to include a 16,500-square foot shop and parking for commercial and
employee vehicles) in the A (Agricultural) Zone District, based on the recommendations of
Planning staff and the Planning Commission, with the Conditions of Approval and Development
Standards as entered into the record. He stated he feels this is compatible with the area and
meets all the requirements of the County Code. .F Commissioner Garcia seconded the
motion. In terms of preserving prime agricultural land, he said this takes only five acres of a
30-acre parcel, a relatively small footprint; portfolio farming in Weld County includes oil and gas
projects that enable farmers to survive and those projects need ancillary services.
Commissioner Rademacher concurred. F Commissioner Conway requested a roll call vote.
He said the USR up north, that this Board rejected, was annexed to the Town of Ault and the
residents had no voice after that. The Planning Commission recommended denial based on
compatibility and traffic. He said he sides with the Planning Commission, even though he
understands that growth will occur on the County Road 38 corridor, and, potentially, the
residents could be disenfranchised by an annexation. F Commissioner Kirkmeyer stated
that, after consideration, she is in support of the application because this is the surrounding land
owners opportunity for mitigation. She said she could argue both sides of compatibility, but this
facility will be right down the road from an industrial park and will probably be annexed. She
referred to the previous case, mentioned by Commissioner Conway, in which the public would
have been better served by conditions to mitigate the impacts. She noted the statute says the
USR shall be approved if the impacts can be mitigated and certain criteria met. Commissioner
Rademacher concurred, noting these land�-q owners are not Platteville residents, and would have
no standing to voice their concerns. rJ Upon a roll call vote, the motion passed 4/1, with
Commissioner Conway opposed.
There being no further discussion, the hearing was completed at 2:12 a.m.
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HEARING CERTIFICATION - MICHAEL DECKER C/O HFI, LLC (USR14-0027)
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This Certification was approved on the 22nd day of September, 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: demo, r�_ „ 712e°cakM
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` '� D..4las Rade a er, Chair
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Weld County Clerk to the � � /
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