HomeMy WebLinkAbout20150975.tiff HEARING CERTIFICATION
DOCKET NO. 2015-26
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR14-0083, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (PROPANE LOADOUT FACILITY) 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 -
AGFINITY, INC.
A public hearing was conducted on April 15, 2015, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway - EXCUSED
Commissioner Julie A. Cozad
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Brad Yatabe
Planning Department representative, Diana Aungst
Public Works representative, Wayne Howard
Health Department representative, Lauren Light
The following business was transacted:
el I hereby certify that pursuant to a notice dated February 27, 2015, and duly published
March 4, 2015, in the Greeley Tribune, a public hearing was conducted to consider the request
of Agfinity, Inc., for a Site Specific Development Plan and Use by Special Review Permit,
USR14-0083, for a Use permitted as a Use by Right, Accessory Use or Use by Special Review
in the Commercial or Industrial Zone Districts (propane loadout facility) 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.
Brad Yatabe, Assistant County Attorney, made this a matter of record.
12 Chair Kirkmeyer advised Larry Irvin, Chief Operating Officer of Agfinity, Inc., representing
the applicant, that, since Commissioner Conway was not able to be present, he had the option
of continuing this matter to a date with the full Board present. However, if he decides to
proceed today, it will require three affirmative votes, or in the case of a tie vote, Commissioner
Conway will listen to the record and make the determining vote. Mr. Irvin indicated he would
like to proceed.
el Diana Aungst, Department of Planning Services, presented a brief summary of the
proposal and stated 12 referrals were sent out and 10 were received either without response or
indicated no concerns. Further, the applicant is requesting this facility to be able to deliver
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propane to the rural community. Ms. Aungst stated there will be night lighting on the site, and
there will be two (2) bobtails on-site 2-3 times a day; further, it is an unmanned facility with no
buildings proposed and transport trucks will deliver propane during the home heating season.
She clarified the hours of operation and stated the site is not located in a special flood hazard
area; furthermore, the adjacent properties are utilized for pastures, crops or rural residents, and
the site is not located within the three (3) mile referral area of any municipality or
intergovernmental area. She stated staff has received one (1) letter of concern and two (2)
phone calls inquiring about the intensity of the Use and related traffic. She entered the favorable
recommendation of the Planning Commission into the record as written and displayed photos of
the site and adjacent properties.
▪ Wayne Howard, Department of Planning Services Engineer, provided a brief overview of
the transportation plans and requirements and stated the access is off of County Road (CR) 67
which is a gravel road and designated as a local road with 60 feet of right-of way at full buildout,
therefore, the applicant shall verify and deliniate the right-of-way on the map. Mr. Howard also
stated the truck trips are estimated at two (2) trucks with two to three trips per day during the
high heating season and one (1) truck with one to two trips per week during the low heating
season. Mr. Howard stated the Access Permit was issued, (AP#15-00045), and he
communicated the setback and tracking control requirements, stated the site is not in a geologic
hazard area, and explained the related requirements regarding drainage and grading permits.
El Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions stating portable toilets are acceptable for the drivers; the plan for standard
dust abatement is acceptable for gravel roads; regarding waste handling, the applicant will
provide a container on-site; and she reviewed the other relevant Development Standards.
e Mr. Irvin, applicant, stated Agfinity brings about 15% of the propane in from Kansas which
is the reason for adding storage, and this location helps, as there are many customers in the
aforementioned area. He conveyed the delivery trucks will be based in Lucerne to load in the
morning and make deliveries with very minimal traffic impact for this Use. In response to
Commissioner Cozad, Mr. Irvin stated this Use should be adequate for the long term even to
include some growth to the business.
le No public testimony was offered concerning this matter.
e In response to Chair Kirkmeyer, Mr. Irvin indicated he has reviewed, and agrees to abide
by, the Conditions of Approval and Development Standards.
• Commissioner Freeman suggested the deletion of Development Standard (DS) #4
regarding the hours of operation and Chair Kirkmeyer also recommended deleting DS #5 and
the last sentences of both DS #14 and DS #16. Chair Kirkmeyer further recommended fixing
the typos in Condition of Approval (COA) #1.A.9, and staff recommended deleting COA #5.8.
The Board concurred with all the changes.
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El In response to Chair Kirkmeyer, Mr. Irvin indicated he has reviewed, and agrees to abide
by, the Conditions of Approval and Development Standards, as amended.
Commissioner Moreno moved to approve the request of Agfinity, Inc. for a Site Specific
Development Plan and Use by Special Review Permit, USR14-0083, for a Use permitted as a
Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone
Districts (propane loadout facility) 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 Freeman, and it carried unanimously. There being no further discussion, the
hearing was completed at 11:17 a.m.
This Certification was approved on the 20th day of April, 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL RADO
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