HomeMy WebLinkAbout20130751.tiffHEARING CERTIFICATION
DOCKET NO. 2013-17
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR13-0001, FOR A MINERAL RESOURCE DEVELOPMENT, INCLUDING OIL AND
GAS SUPPORT AND SERVICE (WATER SUPPLY AND STORAGE) AND ANY USE
PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL
REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (NON RETAIL
TRANSIENT LIQUIFIED NATURAL GAS (LNG) FUELING STATION AND A PARKING
AREA) IN THE A (AGRICULTURAL) ZONE DISTRICT - JOHN MOSER
A public hearing was conducted on March 27, 2013, at 10:00 a.m., with the following
present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Susan Brown
Assistant County Attorney, Brad Yatabe
Planning Department representative, Kim Ogle
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 February 8, 2013, and duly published
February 13, 2013, in the Greeley Tribune, a public hearing was conducted to consider the
request of John Moser, for a Site Specific Development Plan and Use by Special Review
Permit, USR13-0001, for a Mineral Resource Development, including Oil and Gas Support and
Service (water supply and storage) and any use permitted as a Use by Right, Accessory Use, or
Use by Special Review in the Commercial or Industrial Zone Districts (non -retail transient
liquefied natural gas (LNG) fueling station and a parking area) in the A (Agricultural) Zone
District. Brad Yatabe, Assistant County Attorney, made this a matter of record.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal
and described the location and surrounding land uses. He reviewed the site plan and described
the access, traffic impacts and improvements requirements. He stated that one surrounding
property owner, Roy Wardell, had offered testimony at the Planning Commission Hearing and
entered the favorable recommendation of the Planning Commission into the record as written.
In response to Commissioner Rademacher, Mr. Ogle confirmed that the buildings on -site are
not in violation.
W CA, PL,%LI 19-14)
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0Don Carroll, Department of Public Works, provided a brief overview of the transportation
plans and requirements, including access from CRs #41 and #28, traffic counts, and a water
quality feature. He noted that the lane to the facility was paved by the applicant and is classified
as private (not County maintained) and that they are requesting a Stop sign be installed at the
"T"- intersection. Mr. Carroll also stated that an improvements agreement with typical triggers is
in place; the LNG Transfer Station, for liquid gas fueling on -site, is a mobile facility on a trailer,
and there is good circulation and access to both the mobile facility and the water transfer
station.
Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions. She stated there will be portable toilets, as no employees are on -site for
more than two hours. She also addressed Development Standard #10.
Glen Czaplewski, AGPROfessionals, LLC, represented the applicant and reviewed the
progress made on the project. He noted that the site is currently encumbered by the Dairy USR
#1201, which will be supplanted by this USR, but just on these two parcels. He explained traffic
circulation on the site and noted that this is not a general public facility, although there may be
some LNG fueling by other vehicles (such as Public Works) in addition to the applicant's own
vehicles. In response to Commissioner Conway, Mr. Czaplewski said there is no formal limit
per day to how many trucks are allowed in and out, but they will remain around the 100 trips per
day. He showed the facility on a map with other USR's in the vicinity to demonstrate
compatibility. He also noted that no one has objected to the project and, since it is a mile away
from the nearest residence, screening doesn't seem to be an issue. In response to
Commissioner Rademacher, Mr. Czaplewski said they are not vacating the entire dairy USR,
but just adding another USR on the subject site. aJohn Moser, applicant, related that he is
developing the water resource for short-term use in the energy industry and long-term for the
dairy.
No public testimony was offered concerning this matter. In response to Chair Garcia, Mr.
Czaplewski requested three Conditions of Approval be altered or removed: #1.H, #1.E and #1.F.
La Commissioner Kirkmeyer asked about the screening plan and spoke in favor of deleting
Condition of Approval #1.C.10. After a brief discussion, the Board concurred. In response to
Commissioner Kirkmeyer, Don Carroll said he would go along with the Board's wishes in terms
of cleaning up the document a In response to Chair Garcia, Mr. Czaplewski agreed to
deleting the last sentence of Condition of Approval #1.D, stopping prior to the last sentence of
Condition of Approval #1.E. Commissioner Conway said he would like to set up a work session
with the Public Works department to discuss proper formatting and give direction to staff for
future cases.
Commissioner Kirkmeyer moved to delete Conditions of Approval #1.E, #1.F, and #1.H;
the Board concurred with E and F. Chair Garcia said the requirement that the applicant follow
all applicable state laws covers Condition of Approval #1.H, which was also deleted by
concurrence of the Board. By concurrence of the Board, #4.D was amended to change "is" to
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"may be", and Development Standard #3 was amended, replacing the sentence, "Hauling hours
(truck trips to and from the facility) shall be limited." with, "Hours of operation shall be 24 hours a
day, seven (7) days per week".
El Commissioner Kirkmeyer objected that Development Standard #16 limits the applicant
from having commercial contracts, and Chair Garcia proposed, and it was agreed by
concurrence of the Board, to replace the phrase "strictly non -retail (not selling to the public)"
with "not open for sale to the general public. Should this designation change, an amendment
may be required. Private contracts are expressly permitted." La Also by concurrence of the
Board, the words "and screening" will be deleted twice in Development Standard #23; the words
"are" and "will" shall be changed to "may" in #30 and #31, and in #33 the wording will be
changed to read, "If required, the applicant will obtain a fire permit."
Mr. Czaplewski thanked the Board for making the application process as smooth as
possible and agreed to abide by the Development Standards and Conditions of Approval as
amended.
El Commissioner Conway moved to approve the request of John Moser for a Site Specific
Development Plan and Use by Special Review Permit, USR13-0001, for a Mineral Resource
Development, including Oil and Gas Support and Service (water supply and storage) and any
use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial
or Industrial Zone Districts, (non -retail transient liquefied natural gas (LNG) fueling station and a
parking area) the A (Agricultural) Zone District, based on the recommendations of Planning staff
and the Planning Commission, with the Conditions of Approval and Development Standards
with changes as entered into the record. The motion was seconded by Commissioner
Kirkmeyer, and it carried unanimously. There being no further discussion, the hearing was
completed at 10:55 a.m.
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Weld County Clerk to the Board
HEARING CERTIFICATION —JOHN MOSER (USR13-0001)
PAGE 4
This Certification was approved on the 1st day of April, 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
William F. Ga'tc hair
Dougla ademac er, Pro-Tem
arbara Kirkmey= r
Date of signature APR 2 9 2013
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