HomeMy WebLinkAbout20160770.tiff HEARING CERTIFICATION
DOCKET NO. 2016-29
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR15-0077, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (COMPRESSED NATURAL GAS (CNG) FILL STATION), PROVIDED THAT
THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION
PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY
REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE
DISTRICT- CANNON LAND COMPANY, C/O CERTARUS, LTD.
A public hearing was conducted on March 9, 2016, at 10:00 a.m., with the following present:
Commissioner Mike Freeman, Chair
Commissioner Sean P. Conway, Pro-Tern
Commissioner Julie A. Cozad
Commissioner Barbara Kirkmeyer
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative, Chris Gathman
Planning Services Engineer representative, Wayne Howard
Public Works Department representative, Janet Lundquist
Health Department representative, Ben Frissell
The following business was transacted:
I hereby certify that pursuant to a notice dated January 28, 2016, and duly published
February 22, 2016, in the Greeley Tribune, a public hearing was conducted to consider the
request of Cannon Land Company, c/o Certarus, Ltd., for a Site Specific Development Plan and
Use by Special Review Permit, USR15-0077, for any Use permitted as a Use by Right, Accessory
Use, or Use by Special Review in the Commercial or Industrial Zone Districts (Compressed
Natural Gas (CNG) Fill Station), provided that the property is not a lot in an approved or recorded
subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling
subdivisions in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made
this a matter of record.
Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal and explained the lease area is currently in the process of a Subdivision Exemption,
SUBX15-0037, to define the 10-acre boundary for the lease site. He described the operations
procedure to include buildings, fueling stations, containers, and equipment and stated the trucks
take fuel to construction sites or oil and gas sites to be able to fuel vehicles and equipment for
customers. Mr. Gathman reviewed the location, number of employees, truck trips and employee
vehicle trips and stated there are no off-site employees. He stated the site is connected to a
24-inch pipeline approved through, MUSR15-0022. Mr. Gathman described the surrounding
property uses and stated the site is not in the three (3) mile referral area of any municipality or
2016-0770
CC;�t L,l? L.,C-&. 3laa PL2414
HEARING CERTIFICATION - CANNON LAND COMPANY, C/O CERTARUS, LTD.
(USR15-0077)
PAGE 2
any cooperative planning agreement boundary. Staff received six (6) referral responses indicating
no concerns or suggested conditions which have been attached. He clarified that staff
recommended modifications to the Resolution to include revising the legal to reflect the
Subdivision Exemption, and a Condition that the Subdivision Exemption plat be recorded prior to
recording the USR plat. Mr. Gathman displayed images and entered the favorable
recommendation of the Planning Commission into the record as written.
El Janet Lundquist, Department of Public Works representative, provided a brief overview of
the transportation plans and requirements stating the approved access is off of County Road
(CR) 22, of which, she reviewed the average daily traffic counts. Ms. Lundquist provided the
proposed number of truck trips and employee trips and stated there is a requirement for a tracking
control device, but staff is not requesting an Improvements Agreement for this facility.
• Wayne Howard, Planning Services Engineer representative, stated the site has received a
final acceptance of the Drainage Report and subsequently also received a Certificate of
Occupancy. He clarified the applicant will be required to obtain a Weld County Grading Permit if
more than one (1) acre is disturbed.
• Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer
provisions stating bottled water and portable toilets are acceptable. Mr. Frissell cited Development
Standards (DS) #7-15 address typical Environmental Health items.
• Ethan Wattel, Baseline Corporation, represented the applicant and stated this is a new
company to Weld County and he introduced Rod Saville, Engineering Manager, and Chris Schatz,
Regional Operation Manager.
Rod Saville, Engineering Manager, described Certarus as a virtual pipeline company selling
compressed natural gas as a fuel alternative to diesel and propane. He explained they build
pressurized trucks that can be filled with compressed natural gas and taken to mobile locations
to fuel vehicles or equipment for customers. Mr. Saville stated they are building a substantial
customer base because it is a cleaner fuel alternative.
• Mr. Wattel displayed a PowerPoint presentation and reviewed the site location to be leased,
the Subdivision Exemption boundary, and explained that it will be a Compressed Natural Gas
(CNG) fill station. He reviewed the fencing, buildings, storage, equipment, pipeline connections
and egress and ingress.
No public testimony was offered concerning this matter.
In response to Commissioner Kirkmeyer, Mr. Wattel stated this facility is not open to the
public. Commissioner Kirkmeyer explained the Weld County Smart Energy Project which
promotes the advancement of natural gas as the alternative for transportation fueling.
El In response to Commissioner Conway, Mr. Saville stated they knew Colorado and Weld
County were interested in naturalgas and there is a demand, which explains their interest to
p
2016-0770
PL2414
HEARING CERTIFICATION - CANNON LAND COMPANY, C/O CERTARUS, LTD.
(USR15-0077)
PAGE 3
expand in the area. He reviewed the operation in Texas and provided some basic results of
reduction in emissions and diesel usage.
In response to Commissioner Cozad, Mr. Watel stated the Spill Prevention Control and
Countermeasure Plan is primarily for the fill area, specifically where the fuel can spill.
• Mr. Frissell clarified the plan is for where the fuel is stored and the applicant must have a
copy on-site at all times.
In response to Commissioner Kirkmeyer, Mr. Frissell clarified that due to the amount of gas
that would be on-site, a spill could reach a level that would be recordable to the State as an air
spill. Commissioner Kirkmeyer asked if that would be covered with the Air Pollution Emissions
Notice Permit. After further discussion, the Board chose to delete Development Standard (DS)
#12. Commissioner Kirkmeyer cited a correction to DS#18. The Board agreed to these changes.
• In response to Chair Freeman, Mr. Watel thanked the Board for the changes and stated they
will work with staff to make sure everything is covered.
Mr. Gathman reviewed the staff recommendations to revise DS #17 to include the new
language agreed upon in a prior hearing regarding noxious weeds, to correct the legal description
to include the Subdivision Exemption, and add a new Condition of Approval (COA)#1.A to require
the Subdivision plat be recorded prior to, or simultaneously with, the USR plat. The Board agreed
to the changes.
• In response to Chair Freeman, Mr. Watel on behalf of Cannon Land Company, c/o Certarus,
Ltd., indicated they have reviewed, and agree to abide by, the Conditions of Approval and
Development Standards, as amended.
• Commissioner Kirkmeyer moved to approve the request of Cannon Land Company, c/o
Certarus, Ltd., for a Site Specific Development Plan and Use by Special Review Permit,
USR15-0077, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review
in the Commercial or Industrial Zone Districts (Compressed Natural Gas (CNG) Fill Station),
provided that the property is not a lot in an approved or recorded subdivision plat or part of a map
or plan filed prior to adoption of any regulations controlling subdivisions 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 amended and entered into the
record. The motion was seconded by Commissioner Conway, and it carried unanimously.
Commissioner Conway welcomed Certarus to Weld County and stated the Board is very
supportive of clean energy. There being no further discussion, the hearing was completed at
10:31 a.m.
2016-0770
PL2414
HEARING CERTIFICATION - CANNON LAND COMPANY, C/O CERTARUS, LTD.
(USR15-0077)
PAGE 4
This Certification was approved on the 14th day of March, 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: �Q.�.
iarAgovp;� Mike Freeman, Chair
Weld County Clerk to the Board
Sean Conway, Pro-Tern
De•u Clerk to the Boa d � ,� j;. ILa c-----?fze-eii
e A. ozad
� .
,71(6/ED Az_Wc" 186 1 tg%k
/' t '••��.►' ara Kirkmeyer ,
Cou t v A torney
42" • Steve Moreno
Date of signature:
2016-0770
PL2414
N �) �l N `� �r J G
;/..)
cJ J U ' ) ' �, `, `—� ,J J
1J
C _,
r 1 _
J 1/�l J c), jJ
i
N \J cli
V ul L �` C r1 CJ - 4, s
"'1 .c ›.-...... -(-- :) o Ci ,.,,,-` l— , ' S R 5% cL
n ��{{
W c C-`/ � u % —i 3 u
y _s a rn
U
v
J
LU m ! r- ,� -. . -- ._, -
ti
ry ,� P") ? k? 1n
L
N ) 9 3
`; �� Ni 4 ri ► ' � , �›
Q A
F
W ` ' < A 'i •M LI W 17-- ti �o In kr k i9
N �N N
i— ,-YN, Z d
W ,� ti v
J ` s z .I
v n
w \\� � � I
,� ta _
-- tv 7 S '\I
c.)C. i\1 `7
J
00
cc —.._
i
Hello