HomeMy WebLinkAbout20142731.tiff HEARING CERTIFICATION
DOCKET NO. 2014-64.A
RE: 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 -
MICHAEL DECKER, C/O MILLER HFI, LLC
A public hearing was conducted on September 3, 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, Diana Aungst
Public Works representative, Don Carroll
Health Department representative, Lauren Light
The following business was transacted:
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 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. Brad
Yatabe, Assistant County Attorney, made this a matter of record.
Diana Aungst, Department of Planning Services, presented a brief summary of the
proposal and explained that the Planning Commission, upon a 3/2 vote (with four members
absent), voted against a motion for approval; however, they did not entertain a motion for the
recommendation of denial. She noted there will be up to ten (10) onsite employees and 60
drivers with 24/7 operations, and reviewed surrounding property uses and closest residences;
13 letters were received from surrounding property owners, with ten in support and three in
opposition. The letters of concern were in regard to noise, dust, views, traffic and reduced
property values. A neighborhood meeting was held on August 9, 2014; as a result, the site plan
was revised to make the facility closer to the road, with landscaping added to the west and
south property lines. The Town of Platteville expressed concerns with the increased amount of
oil and gas activity and requested discussion of mitigation and maintenance on County Road 38
prior to approval, and the applicant is entering into a Road Maintenance Agreement with them,
as well as a Pre-Annexation Agreement. Ms. Aungst showed views of the property.
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HEARING CERTIFICATION - MICHAEL DECKER, C/O MILLER HFI, LLC (USR14-0027)
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F Don Carroll, Department of Public Works, provided a brief overview of the transportation
plans and requirements, with 450 trips per day. He stated the traffic study indicated turn lanes
are warranted at State Highway 60, and will be installed via an off-site Road Improvements
Agreement, and a representative of the Town of Platteville is present to address any questions
pertaining to that agreement. He also noted there is a letter from Gloria Hice-ldler, with CDOT
Region 4, requesting turn lanes at State Highway 60 and County Road 38.
Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions, stating an engineer designed septic system is required and a revised Waste
Handling Plan has been requested to address the disposal of tires, batteries, etc.
El Tim Naylor, AGPROfessionals, LLC, representing Michael Decker, gave an overview of
the project and said they are adding a request for a 5,000-gallon diesel storage tank, with
secondary containment. He said the remainder of the property will be farmed, there was a
neighborhood meeting and suggestions were honored with revisions to the site plan. He said
traffic was a major concern; however, this road was paved for the gravel pit, and that is an
advantage. The property was also reviewed by the Department of Wildlife, with no concerns.
The noise from trucks starting up should be abated by the increased distance; this is in a
corridor of industrial use, this use is allowed in the A (Agricultural) Zone District, and a Nuisance
Management Plan has been submitted.
Ii Chair Rademacher questioned why the turn lanes on Highway 60 requested by CDOT
were not required of the gravel company. It was noted that the northbound/westbound lane is
CDOT's priority. Mr. Carroll confirmed the gravel pit is not active, but he believes they have an
active permit, the entire length of the paved road is annexed into Platteville, and the facility will
occupy one-third of the acreage. F In response to Commissioner Kirkmeyer, Mr. Naylor said
he does not have written comments from Platteville, but the City Manager is present here today.
F Shirley Larson, surrounding property owner on COUNTY ROAD38, expressed her
opposition to the project due to heavy traffic which endangers children and farmers on the road.
She said this increase in traffic is too extreme and requested denial, stating this use is not
compatible with the area and will lower her property values. She requested the Commissioners
consider her position. She also pointed out her home on the map for Commissioner Conway.
F Shari Winterfeld, surrounding property owner, also showed her house on the map, which
is on the site's east property line. She stated this was their dream home, a 27-acre site and
when she researched the property she did not realize that industry could be placed in
agricultural zoning. There are residences on all four sides of this property. She asserted
inaccuracies in the minutes of the Planning Commission hearing and summarized that hearing.
She concluded this is not an appropriate location for this enterprise and stated her objection to
allowing industry in the agricultural zone, which she feels is in conflict with the Right to Farm
Statement. She said allowing 24/7 operations completely negates the rights of the neighbors,
this will make her home virtually unsellable and undesirable, they may have to leave because
they will no longer enjoy the peace and quiet and wildlife, and she concluded by asking how
often USR requests such as this are denied.
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F Michael Decker, the landowner selling this property and adjacent landowner to the east,
stated that his property was for sale for over a year and a half, he has tried to be a good
neighbor. He feels this buyer/applicant will be a good neighbor because he is local and lives
just down the road.
F Troy Renken, City Manager for the Town of Platteville, reviewed the history of County
Road 38 and its future development, saying they want to strongly enforce adequate landscaping
with berms and trees. He addressed the traffic increase and the Road Maintenance Agreement
they are seeking. In response to Commissioner Kirkmeyer, he said at the time of their Master
Plan, in 2010, this area was all Agricultural, but the Town anticipates additional planning to
address industrial growth. He said this entire quarter needs to be discussed, and noted there is
a 173-acre USR at County Roads 60 and 38 for a not yet built-out subdivision. Ms. Aungst
confirmed the official referral from the Town of Platteville mainly requests annexation, which is
not yet in writing.
F John Martindale, surrounding property owner, stated he is a supporter of private property
rights.
F In response to Chair Rademacher, Mr. Naylor thanked the Winterfelds and the Larsons for
persevering through so many hours of hearings on this project and said the applicants have
tried to accommodate the concerns of surrounding property owners: the facility is now 1,200
feet from Ms. Winterfeld's property and the access was changed so trucks don't cross in front of
a residence. He said they are willing to work with the Town of Platteville, and addressed the
24/7 operations with the assurance that anticipated operations are 6:00 a.m. to 6:00 p.m.
(daylight) except for emergencies. Commissioner Conway asked why this location was chosen,
rather than the proximate energy park. Mr. Naylor said that this is a local company willing to go
through the land-use process; the energy parks are actually almost full and more attractive to
out-of-state companies that don't want to go through this process. Commissioner Conway
commented that upgraded roads are often annexed and then the upkeep suffers. Mr. Naylor
said this is a large road maintenance agreement which will ensure accountability. Commissioner
Kirkmeyer asked about the landscaping plan, and was told it is not yet finalized - they are
evaluating the best placement of the trees or berming, and as much of the property as possible
will remain in agriculture. Mr. Naylor said they will work with the Planning staff to finalize it.
Chair Rademacher said there are existing trees to the north, directly to the west is a cedar fence
and a berm with farmland to the east. Commissioner Garcia clarified the area to the south and
west will be landscaped and there was extensive discussion of the landscaping plans.
Regarding the fuel tank, Ms. Aungst deferred to Mr. Yatabe, who concluded that this addition fits
into the description of a roustabout operation. F Commissioner Conway brought up the issue
of the sign posting location, and Ms. Aungst said she chose the site by the cattle guard to
secure the sin vertically so that it was readable, and this is an access so it is an acceptable
placement. h Commissioner Garcia stated the requested diesel fuel tank is typically ancillary
for this type of operation. Chair Rademacher noted that this is not a large tank and should not
be an issue; the Board indicated their consent to the addition.
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HEARING CERTIFICATION - MICHAEL DECKER, C/O MILLER HFI, LLC (USR14-0027)
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IR Commissioner Kirkmeyer commented that the Planning Commission did not actually give a
recommendation due to the lack of a quorum, as required by state statute. Commissioner
Conway said he is struggling with a decision on that issue. Mr. Yatabe said the Board has the
option of sending this back to the Planning Commission; however, they can also move forward,
and Bruce Barker, County Attorney, also gave his legal opinion on the situation.
F (Clerk's note: The meeting was adjourned at 1:43 p.m. for a brief recess and brought
back to order by Chair Rademacher at 1:56 p.m.)
Mr. Yatabe spoke at length regarding the question of whether a recommendation by the
Planning Commission is statutorily necessary in order for the Board of County Commissioners
to make a decision at this time.
F Commissioner Kirkmeyer made a motion to remand this matter back to the Planning
Commission to be considered by the five members who were present on August 19, 2014, in
order for them to make a recommendation to the Board of County Commissioners, based on the
information they have already heard, and, furthermore, to continue the matter until
September 17, 2014, at 10:00 a.m. The motion was seconded by Commissioner Garcia.
Commissioner Freeman noted that, if for some reason the Planning Commission can't meet,
then this would need to be continued forward on the BOCC docket as well. The motion carried
unanimously.
This Certification was approved on the 8th day of September, 2014.
BOARD OF COUNTY COMMISSIONERS
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