HomeMy WebLinkAbout20211403.tiffHEARING CERTIFICATION
DOCKET NO. 2021-37
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR21-0005, FOR OIL AND GAS SUPPORT SERVICE, SPECIFICALLY MIDSTREAM
ACTIVITIES (COMPRESSED NATURAL GAS (CNG) FILL STATION) OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE
DISTRICT - CANNON LAND COMPANY, CIO CERTARUS (USA), LTD.
A public hearing was conducted on June 2, 2021, at 10:00 a.m., with the following present:
Commissioner Steve Moreno, Chair - EXCUSED
Commissioner Scott K. James, Pro -Tern
Commissioner Perry L. Buck
Commissioner Mike Freeman
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jan Warwick
Assistant County Attorney, Karin McDougal
Planning Services Department representative, Michael Hall
Public Works Department representative, Melissa King
Health Department representative, Lauren Light
The following business was transacted:
IR Chair Pro -Tern James, reviewed for the applicant and the public, the procedures to follow
should this case result in a tie vote due to four (4) Commissioners being present and Chair Moreno
being excused.
le I hereby certify that pursuant to a notice dated April 28, 2021, and duly published April 30,
2021, in the Greeley Tribune, a public hearing was conducted to consider the request of Cannon
Land Company, c/o Certarus (USA), Ltd., for a Site Specific Development Plan and Use by
Special Review Permit, USR21-0005, for Oil and Gas Support Service, specifically midstream
activities (compressed natural gas (CNG) fill station) outside of subdivisions and historic townsites
in the A (Agricultural) Zone District. Karin McDougal, Assistant County Attorney, made this a
matter of record.
Michael Hall, Department of Planning Services, presented a brief summary of the proposal
and explained the site is currently permitted under USR15-0077, which was allowed by
Section 23-3-40.S, of the Weld County Code, prior to Ordinance #2019-02. He cited
Section 23-3-40.W, which would allow an oil and gas support and service facility, noting this
application will replace and re -permit the existing CNG fill station, vacating the previously
approved USR as a Condition of Approval (COA). Mr. Hall provided the location of the site, stated
the facility will not be open to the public, and the proposed USR will allow 20 full-time employees
and host approximately 25 truck drivers. He explained the property will be served by a commercial
water well and an On -site Wastewater Treatment System (OWTS), described the proposed
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2021-1403
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HEARING CERTIFICATION - CANNON LAND COMPANY, C/O CERTARUS (USA), LTD.
(USR21-0005)
PAGE 2
buildings, machinery, and operations of the facility, which will run 24 hours a day, seven (7) days
a week, year-round. Mr. Hall stated an existing six (6) -foot tall, chain link fence with two (2) -foot
angled barbwire extensions, shall be expanded, as needed, to surround the full boundary of the
site. He described the existing access gate off County Road (CR) 22 and explained the access
with double cattle guards will remain. Mr. Hall stated notice was sent to two (2) surrounding
property owners (SPOs), with no communication received; additionally, 20 referrals were sent
out, and 14 were returned. He relayed the site is located within the City of Fort Lupton and Town
of Platteville's Coordinated Planning Agreement boundaries and both returned Notice of Inquiry
forms with Fort Lupton requesting the opportunity to discuss annexation. He stated the site is also
located within the three (3) mile referral area of the City of Fort Lupton and Town of Platteville and
Fort Lupton's referral provided future right-of-way information. Mr. Hall described the size and use
of the parcel, the surrounding USRs and their locations, entered the favorable recommendation
of the Planning Commission into the record as written and displayed images of the site and
surrounding views.
IR Melissa King, Department of Public Works (PW), provided a brief overview of the
transportation plans and requirements, stated the permitted access is on CR 22 which is a paved,
arterial road, and noted the latest average daily traffic count was 2,369 vehicles per day, with 44%
trucks, and the 85th percentile speed is 63 mph. Ms. King relayed side operation traffic information
indicated there will be approximately 45 daily round trips, 20 passenger employee vehicles and
25 delivery trucks. She stated PW is requesting an Improvements and Road Maintenance
Agreement for dust control, damage repairs to specified haul routes and triggered off -site
improvements. Ms. King confirmed the applicant submitted a Preliminary Drainage Report, and a
Final Drainage Report and Detention Pond Design, completed by a Colorado licensed
professional engineer, will be required.
e Lauren Light, Department of Public Health and Environment (EH), reiterated the site will serve
up to 20 full-time, on -site employees and 25 drivers, which will require a commercial well and
septic system. Ms. Light relayed the applicant submitted a Noise Evaluation, which shows the site
can comply with the Light Industrial noise standards, Development Standards (DS) #9 - #27
address EH items, and staff has no outstanding issues.
Mark Wills, applicant, had no comment other than to express their desire for a more
permanent facility to provide maintenance functions.
El No public testimony was offered concerning this matter.
El In response to Commissioner Freeman, Mr. Hall explained Conditions of Approval (COA)
#1.C through #1.G are advisory referrals, and Kerr-McGee is requesting no encroachment on the
pipeline. The Board accepted all Conditions of Approval and Development Standards as
presented.
In response to Chair Pro-Tem James, Mr. Wills indicated they have reviewed, and agreed to
abide by, the Conditions of Approval and Development Standards.
2021-1403
PL2414
HEARING CERTIFICATION - CANNON LAND COMPANY, C/O CERTARUS (USA), LTD.
(USR21-0005)
PAGE 3
Commissioner Buck moved to approve the request of Cannon Land Company, c/o Certarus
(USA), Ltd., for a Site Specific Development Plan and Use by Special Review Permit,
USR21-0005, for Oil and Gas Support Service, specifically midstream activities (compressed
natural gas (CNG) fill station) outside of subdivisions and historic townsites 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 presented. The motion was
seconded by Commissioner Saine, and it carried unanimously. There being no further discussion,
the hearing was completed at 10:32 a.m.
This Certification was approved on the 7th day of June, 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dia,,t) EXCUSED
Steve Moreno, Chair
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
EXCUSED DATE OF APPROVAL
S
. James, -Tem
acne
2021-1403
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