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HomeMy WebLinkAbout20130765.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, March 5, 2013 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, Bill Hall, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman, Robert Grand. Absent/Excused: Bret Elliott Also Present: Kim Ogle, Department of Planning Services; Don Carroll, Department of Public Works; Lauren Light, Department of Health; Brad Yatabe, County Attorney, and Kris Ranslem, Secretary. '' Motion: Approve the February 19, 2013 Weld County Planning Commission minutes, Moved by Robert Grand, Seconded by Benjamin Hansford. Motion passed unanimously. /' CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION LOCATION: USR13-0001 JOHN MOSER KIM OGLE A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR MINERAL RESOURCE DEVELOPMENT INCLUDING OIL AND GAS SUPPORT AND SERVICE (WATER SUPPLY & STORAGE) AND ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICT, (NON -RETAIL TRANSIENT LIQUIFIED NATURAL GAS (LNG) FUELING STATION AND A PARKING AREA) IN THE AGRICULTURAL ZONE DISTRICT LOTS A AND B OF RECX12-0073 BEING PART OF THE E2 E2 OF SECTION 29 T3N, R65W OF THE 6TH P.M. OF THE 6TH P.M., WELD COUNTY, COLORADO. NORTH OF AND ADJACENT TO CR 28, WEST OF VACATED CR 41 SECTION LINE; ONE MILE EAST OF CR 39. I► Kim Ogle, Planning Services, presented Case USR13-0001, reading the recommendation and comments into the record. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. ID" Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the requirements on site. D' Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on - site dust control, and the Waste Handling Plan. Glen Czaplewski, AGPROfessionals, LLC, 4350 State Highway 60, Longmont, Colorado stated that the applicant is requesting a water transfer station and LNG fueling facility on their site. There is an existing pond filled by existing permitted water wells to supply water for oil and gas companies and irrigators already operating in the area. The LNG fueling facility is a transient facility and the predominate user will be the applicant John Mosier, however they would like to have the option for outside entities to utilize the facility. As it is designed, Encana the current operator, currently grants access to the LNG facility. Mr. Yatabe said that there was a mineral owners notice issue. He added that the notice that the applicant sent to the mineral owners, Anadarko, Kerr McGee, and Noble Energy, was deficient. He said that there was an incorrect meeting date and legal description. Mr. Yatabe said that he understands that AGPROfessionals have gotten confirmation from Andadarko and Kerr McGee that they wish to waive Commutu ritboTVD 3-ao-/3 1 2013-0765 their rights; therefore there is no issue with them. He added that he understand Noble Energy has paid for the LNG facility and doesn't believe that they will be objecting. He wished to have this issue on record, however. Mr. Czaplewski said that they will work diligently with Noble Energy and have full confidence that they will receive a waiver in advance of the Board of County Commissioner hearing. i" The Chair asked if there was anyone in the audience who wished to speak for or against this application. Roy Wardell, 16512 Essex Road, Platteville, Colorado, stated that he sold the 35 acres to Mr. Mosier for access to the dairy facility. He asked for clarification if this facility is for public use. Mr. Maxey said that according to the application this is for Mr. Mosier's purpose; however there is a provision for other entities to use the facility under contract basis. He commented that he is concerned with the amount of traffic. Mr. Czaplewski said that they will make a commitment to keep Mr. Wardell involved in the process. He added that with regard to traffic there are safety triggers to alleviate these concerns. Mr. Czaplewski asked to remove the provision of the screening requirement under Condition of Approval 1.F. He added that the closest residence is to the south of the site and the pond is about 7 to 8 feet high which screens the LNG facility. In addition, the closest residence to the west is approximately 1 mile. Mr. Czaplewski said that in addition they would like to remove Condition 1.C.8 regarding the delineation of the staging area. He added that they do not want to stage any vehicles out on county roads but would like to have the flexibility to stage appropriately and within the internal accesses of the facilities rather than delineate the area on the plat map. In response to the Chair's inquiry, Mr. Ogle said that according to the Weld County Code a screening plan is required if there is outside parking or storage of vehicles. He added that the access drive is a joint access for the dairy, water storage, and the LNG facility and they want to make sure that the access is clear so that deliveries of commodities will not be impaired to the dairy facility. Commissioner Maxey said that he understands Mr. Mosier owns the dairy as well however he does not want to have any backup on the county roads. Commissioner Grand said it is an intensive use for that size property and feels that the designated parking is required. 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. Motion: Forward Case USR13-0001 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 Bill Hall, Seconded by Jordan Jemiola. Vote: Motion carried by unanimous roll call vote (summary: Yes = 8). Yes: Benjamin Hansford, Bill Hall, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman, Robert Grand. 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 Grand stated that Mayor Kipp of Keenesburg said he did not receive adequate notification of the application from the last hearing and asked staff to explain the process and why they weren't notified early on in the process. He added that Mr. Kipp thought that by submitting the mylars for annexation of property that it updated the IGA with Weld County. Tom Parko, Planning Services, stated that the Intergovernmental Agreement Area (IGA) is included with a map of the IGA boundaries. He provided an outline of the process of when an application is submitted to the Planning Department and the obligation that the applicant has when the site is located in the IGA of the municipality. Mr. Parko stated that the site was not located in the IGA; however he added that he had personal conversations 2 with Mayor Kipp regarding the application when it was first submitted to the Planning Department. In response to Mr. Grand's inquiry of who is responsible in updating the IGA, Mr. Parko said that if a municipality wishes to change their IGA it is the town's responsibility to contact the County for an update to the IGA. Meeting adjourned at 2:41 pm. Respectfully submitted, a`.ria4,int��te,,,. Kristine Ranslem Secretary Digitally signed by Kristine Ranslem Date: 2013.03.07 15:01:53 -07'00' 3 Hello