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Home My WebLink About20121364.tiff HEARING CERTIFICATION DOCKET NO. 2012-31.A RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR12-0005, FOR TRANSLOADING (RAIL AND TRUCK TRANSLOADING OF COMMODITIES AND MATERIALS, INCLUDING BUT NOT LIMITED TO, THOSE FOR THE OIL AND GAS INDUSTRIES, GRAINS, PETROLEUM PRODUCTS, SAND, PIPE, AND STORAGE RELATED TO THE SAME) IN THE I-1 (INDUSTRIAL) ZONE DISTRICT -WINDSOR RENEWAL I, LLC, CIO MUSKET CORPORATION A public hearing was conducted on May 30, 2012, at 10:00 a.m., with the following present: Commissioner Sean P. Conway, Chair Commissioner William F. Garcia, Pro-Tem Commissioner Barbara Kirkmeyer- EXCUSED Commissioner David E. Long Commissioner Douglas Rademacher Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Brad Yatabe Planning Department representative, Tom Parko Public Works representative, Don Carroll Health Department representative, Mary Evett The following business was transacted: El I hereby certify that pursuant to a notice dated April 13, 2012, and duly published April 18, 2012, in the Fort Lupton Press, a public hearing was conducted on May 16, 2012, to consider the request of Windsor Renewal I, LLC, c/o Musket Corporation, for a Site Specific Development Plan and Use by Special Review Permit, USR12-0005, for Transloading (rail and truck transloading of commodities and materials, including but not limited to, those for the oil and gas industries, grains, petroleum products, sand, pipe, and storage related to the same) in the I-1 (Industrial) Zone District. At said hearing, and pursuant to a Corrected Notice dated April 27, 2012, and duly published May 2, 2012, in the Fort Lupton Press, the matter was continued to May 30, 2012, to allow adequate time to prepare the file from the Planning Commission hearing which was continued to May 15, 2012; to have the matter reviewed by a full quorum of the Board; and to also allow more time to resolve some outstanding issues. On May 30, 2012, Brad Yatabe, Assistant County Attorney, made this a matter of record. Chair Conway advised the applicant's representative, Clay Drake, that he has the option of continuing this matter to a date when the full Board will be present. However, if he decides to proceed today, it will require three affirmative votes, or in the case of a tie vote, Commissioner Kirkmeyer will listen to the record and make the determining vote. Mr. Drake indicated he would like to proceed today. Tom Parko, Department of Planning Services, presented a brief summary of the proposal and entered the favorable recommendation of the Planning Commission into the record, as X O1/R/PA-J' 2012-1364 ao ld PL2161 HEARING CERTIFICATION - WINDSOR RENEWAL I, LLC, C/O MUSKET CORPORATION (USR12-0005) PAGE 2 written. He provided a brief description of the location and improvements on the site, reviewed the haul route and surrounding land uses, and noted the site is not within the Windsor Growth Boundary; however, it is within the Growth Management Area and Windsor representatives are present to express the Town's concerns. Mr. Parko reviewed the status of the negotiations with the City of Greeley and Town of Windsor concerning the water and sewer agreements. He stated 16 referral agencies reviewed the proposal, six offered comments which are addressed in the Conditions of Approval and Development Standards, and staff received no correspondence from surrounding property owners, with the exception of the Town of Windsor and CareStream. He displayed aerial maps and photographs of the site and surrounding properties and answered questions from the Board regarding the haul route. IR Don Carroll, Department of Public Works, stated a majority of the site is located within a FEMA designated floodplain; however, the applicant has been issued a Flood Hazard Development Permit to elevate the site two feet above base elevation. He reviewed the roadway classifications and traffic impacts anticipated for the haul route, as well as the remaining requirements and improvements to be completed. El Mary Evett, Department of Public Health and Environment, reviewed the water and sewer provisions for the property and stated the applicant has submitted an Air Pollution Emissions Notice (APEN), which is pending approval. She also reviewed the Conditions of Approval which address on-site dust control, above ground storage tanks, stormwater discharge permit requirements, and a Waste Handling Plan. Michael Brake, JR Engineering, and Clay Drake, Windsor Renewal I, LLC, both represented the Musket Corporation and stated the goal of the project is to take advantage of the existing infrastructure on the ten-acre site and ship product out via rail. They reviewed the haul route to be used by trucks coming in from the oil and gas production wells east of the site, which are then unloaded to existing and proposed tanks, and then transferred from the tanks into 12 rail cars on a revolving basis. They stated the existing rail system meets the needs of the company and there is an on-site office trailer which needs utility connections. They further stated the applicant is in the process of negotiating with the Town of Windsor to get sewer service granted and with the City of Greeley to get water for the office, and they are still considering various options for the fire safety water supply. Mr. Brake addressed questions from the Board regarding the applicant's discussions with the Windsor-Severance Fire Protection District (WSFPD) and the company's standard practice for fire protection in addition to local requirements. Mr. Parko confirmed the WSFPD did not respond to the referral request. In response to Commissioner Rademacher, Mr. Yatabe stated the Board can include language that says the applicant "shall attempt" to address the requirements of the WSFPD if it provides comment in the future. Following discussion, the applicant reiterated the company has similar facilities at other locations and they have a thorough understanding of what is required for a quality fire suppression system. Mr. Brake also reviewed the concrete design of the containment structure and transfer station to ensure containment of any spills. 2012-1364 PL2161 HEARING CERTIFICATION - WINDSOR RENEWAL I, LLC, C/O MUSKET CORPORATION (USR12-0005) PAGE 3 F Rick Merlino, CareStream Health, stated the presentation and discussion answered many of his questions. He stated the company's main concern is the 115kV line within close proximity of the tanks. In response to Mr. Merlino, Mr. Brake provided an overview of the fire suppression plan and indicated they have had extensive discussions with the prior owner of the line (Poudre Valley REA), which did not have concerns. He stated the ownership is to be transferred to Tri-State Transmission, which has also analyzed the proposal. El Scott Ballstadt, Chief Planner for the Town of Windsor, displayed PowerPoint slides, marked Exhibit K, which he reviewed for the record concerning the Towns sanitary sewer service to the area. He expressed appreciation for the applicant's willingness to use the existing historic haul route and requested the Board require an updated Traffic Impact Analysis and impose some sort of penalty if compliance is not maintained. He reviewed the various portions of the Town's Comprehensive Plan with which the application does not comply, and stated the property should be incorporated into the Great Western Development Company Park. He reiterated the Town is requesting enforceability of the haul route to ensure trucks are not going through downtown Windsor. Commissioner Rademacher commented the County can implement the Probable Cause/Show Cause process and revoke the permit if the facility is operating out of compliance, and Mr. Ballstadt indicated that is a sufficient enforcement measure. El Ian McCargar, Town of Windsor Attorney, stated the Town has no written agreement with the applicant; however, they started conversations in mid-April and requested annexation at that time. He explained the negotiations have been complicated by a portion of the sewer line which is owned by Kodak, and although he believes the applicant is working very hard with Kodak to work out the terms, an actual agreement has not been executed. He further stated, if executed, there is no assurance that the Town Board will adopt the agreement without a clear commitment from the applicant for annexation. For those reasons the Town is requesting denial of the USR application and that the County refer the applicant to the Town for annexation. There being no further comments, Chair Conway closed public testimony. El The applicant's representatives addressed questions from the Board concerning an updated Traffic Plan for the approved haul route and negotiations with the Town of Windsor concerning the draft Sewer Agreement. In response to Commissioner Rademacher, Ms. Evett confirmed the site is within the floodplain and will need an engineered septic system, and Clay Kimmi, Department of Public Works, agreed. Responding to further questions, Mr. Drake stated the applicant is not opposed to annexation; however, they are not prepared to make a formal commitment at this time. Mr. Brake stated the applicant would also like to request the variance bypass the Board of Health (BOH) and the Board of Commissioners consider their appeal concurrently with the USR application. Mr. Yatabe explained if the variance is approved by the BOH, there would be no need for consideration by the Commissioners. If denied, Ms. Evett stated the appeal hearing should take place within 30 days. 2012-1364 PL2161 HEARING CERTIFICATION - WINDSOR RENEWAL I, LLC, C/O MUSKET CORPORATION (USR12-0005) PAGE 4 Fl In response to Commissioner Rademacher, Mr. Brake requested Development Standard #4 be modified to allow up to 15 employees. In response to Chair Conway, Mr. Brake stated he and the applicant have reviewed the Conditions of Approval and Development Standards and have additional requests for modifications. El Ms. Evett confirmed she can send a corrected notice to move the BOH hearing date up. Mr. Kimmi stated he will also need the applicant to submit a floodway map, which requires a two-week review prior to the BOH hearing. Mr. Brake explained they anticipate a BOH denial due to the vicinity to public sewer; therefore, they wish to expedite the process and appeal directly to the Board of Commissioners in hopes of maintaining the current construction schedule. Discussion ensued regarding the expedited timing of a BOH hearing and potential appeal to the Board. Fl Trevor Jiricek, Director, Department of Planning Services, reviewed the question of "feasibility" and how it is interpreted by staff and the problems it poses. The Board agreed to modify Condition of Approval #1.M to delete the phrase "provide written evidence of" with the word "seek". At the suggestion of Commissioner Long, the Board agreed to replace the phrase with "attempt to obtain an" rather than the word "seek". Fl Mr. McCargar stated the current proposed agreement is based on eight employees and would require modification if Development Standard #4 is increased to allow up to 15 employees. Additionally, he stated the BOH was originally scheduled for May, 2012, and the hearing was continued at the request of the applicant. Mr. Brake stated the applicant's preference is to execute the Agreement with the Town of Windsor with the provision of a variance to allow septic as a backup plan. He clarified the continuance was requested due to the short notice of the date and time. Fl Commissioner Long reiterated if the lack of feasibility is determined by the Town and they decline the agreement, then the property will automatically resort to septic and a variance will not be necessary. Commissioner Rademacher clarified the Town is not requesting denial, just a postponement until an executed agreement is in place. El In response to Chair Conway, Mr. Brake stated he and the applicant have reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as proposed and modified. IR Commissioner Rademacher stated it makes sense for this property to annex to Windsor when the time is right; however, he does not want the Town to have veto power over this USR application. Commissioner Garcia stated he supports the application and commented, although the collapse of Kodak was unfortunate, he is excited by the prompt redevelopment of the site. 2012-1364 PL2161 HEARING CERTIFICATION - WINDSOR RENEWAL I, LLC, C/O MUSKET CORPORATION (USR12-0005) PAGE 5 El Commissioner Long stated this is a good overall project, and added he hopes the County will one day be able to re-enter discussions with the Town of Windsor for a Coordinated Planning Agreement to ensure continued good planning in the area. El Chair Conway stated he reviewed the accommodations which have been made by the applicant, as well as the understanding of what still needs to be done, and he supports the application to move the project forward. El Commissioner Long moved to approve the request of Windsor Renewal I, LLC, c/o Musket Corporation, for a Site Specific Development Plan and Use by Special Review Permit, USR12-0005, for Transloading (rail and truck transloading of commodities and materials, including but not limited to, those for the oil and gas industries, grains, petroleum products, sand, pipe, and storage related to the same) in the I-1 (Industrial) 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. His motion included modifying Condition of Approval #1.M and Development Standard #4. The motion was seconded by Commissioner Rademacher, and it carried unanimously. There being no further discussion, the hearing was completed at 12:07 p.m. This Certification was approved on the 4th day of June, 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADOP ATTEST:�j� Sean P. Con y, Chair CD— Weld County Clerk to the Board / William F. Garcia, lrro-Tem BY: •--(911-A-71,- th 'U7. a Deputy Clerk to Bo- % EXCUSED \ 4 % bara Kirkmeyer �rs,rSd C:i r. I/ _ ./" /L�i i AL ,�` j �ougl- : 'ademac er 2012-1364 PL2161 / Jg , % ` \ \ \ $ i JO d } 4 \ \ i ) � { ,, 2 y g\ \ Ir \. / \ \ ii ^c > o / 2 \ 2 \ o P y / / Li k } / \ % ( 't CG w § � • tCu_ ® $ � � i_ 0® / ® & � \ \ a~ < « ( 7 @4 o g 3 -_-> \ t I-in } § a E 2 \ ? / «I- 2 / ] -0 0 0 \ \ « ) © I- z _, ; O rJ. L� C & R � - z « E 2Z ) o o IX i o Cu' � CI , O- 14 & § C ( � \ / , m = / . / \ § § / � e 44 en O2 � � ° o \ > / / a Luuj § Lu 0 ° � 2 0 0 � z \ I 0 0 Q EXHIBIT INVENTORY CONTROL SHEET Case USR12-0005-WINDSOR RENEWAL I,LLC Exhibit Submitted By Description A. Planning Commission Resolution of Recommendation B. Planning Commission Summary of Hearing(Minutes dated 5/1/2012) C. City of Greeley Letter re:Water Service,dated 5/2/2012 CareStream Health,Inc. c/o Sherman and D. Howard,LLC Letter of Opposition,dated 5/2/2012 E. JR Engineering Letter re:Sewage System variance,dated 4/24/2012 Letter re:Flood Hazard Development Permit,dated F. Public Works Staff 4/19/2012 Great Western Railway Letter re:Flood Hazard Development Permit,dated G. Company 4/18/2012 Colorado Department of Public Health and H. Environment(CDPHE) Construction Permit Initial Approval I. CDPHE APEN Public Notice E-mail from Derek Glosson and Attached Map,dated J. Planning Staff 5/25/2012 K. Scott Ballstadt,Windsor PowerPoint presentation L. M. N. O. P. Q. R. S. T. U. V. Hello