HomeMy WebLinkAbout20130554.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISS
Moved by Jordan Jemiola, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR12-0075
APPLICANT: PLAINS MARKETING, LP
PLANNER: KIM OGLE
REQUEST: A SITE DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW FOR MINERAL
RESOURCE DEVELOPMENT FACILITIES INCLUDING TRANSLOADING OF A
COMMODITY FROM ONE MODE OF TRANSPORTATION TO ANOTHER
INCLUDING RAIL, TRUCK AND PIPELINE TRANSLOADING OF COMMODITIIES
AND MATERIALS, WITHOUT LIMITATION FOR OIL AND GAS INDUSTRIES,
INCLUDING PETROLEUM PRODUCTS AND STORAGE RELATED TO SAME,
THE CONSTRUCTION OF AN ON -SITE RAIL SPUR TO CREATE A RAIL LOOP
OF ONSITE TRACK, NEW OFFICES AND SUPPORT BUILDINGS, AND RELATED
EQUIPMENT, A GREATER THAN 70 FOOT COMMUNICATION TOWER AND THE
UTILIZATION OF MORE THAN ONE CARGO CONTAINER FOR STORAGE, IN
THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION: ALL SECTION 17, T2N, R63W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 398, APPROXIMATELY ONE MILE NORTH
OF CR 18.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-
2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect. Section 22-2-80.C.2. I.Policy 3.2 states
"The land use applicant should demonstrate that the roadway facilities associated with the
proposed industrial development are adequate in width, classification and structural capacity
to serve the development proposal. " The applicant, as a condition of approval will enter into
an Improvement Agreement with Weld County for the on -site and off -site improvements
related to Weld County regulation. A separate agreement is in process between Plains and
the Town of Keenesburg, including road improvements and with the Town of Keenesburg for
the road and infrastructure improvements associated with vehicle traffic associated with the
Plains Transload Facility. Weld County is not a party to this agreement in Keenesburg, but
such agreement needs to be completed and recorded prior to recording the USR Plat.
Section 22-2-80.E. I.Goal 5. states, "New industrial uses or expansion of existing industrial
uses should meet existing federal, state and local policies and legislation." Further, I.Policy
5.1. Industrial uses should be evaluated using criteria, including but not limited to the effect
the industry would have on air and water quality, natural drainage ways, soil properties and
natural patterns and suitability of the land; I.Policy 5.2. Development improvements should
minimize permanent visual scarring from grading, road cuts and other site disturbances.
Require stabilization and landscaping of final land forms, and that runoff be controlled at
historic levels." The applicant will be required to submit an approved Drainage Report and
supporting construction drawings to address stormwater and drainage issues associated with
the development of this site. Further, the applicant will be required to obtain a grading permit
if more than one (1) acre is disturbed prior to construction which will include at a minimum an
erosion and sediment control plan, a grading plan, installation details of all BMPs to be
utilized, typical installation and maintenance notes for all BMPs to be utilized, and a copy of
the approved CDPHE stormwater permit.
Section 22-2-80.F. I.Goal 6. states "Minimize the incompatibilities that occur between
industrial uses and surrounding properties." The incompatibilities that occur between the
proposed industrial use as a transload yard and the surrounding properties are minimized
aG'/3 - DS y
•
•
RESOLUTION USR12-0075
PLAINS MARKETING, LP
PAGE 2
due to various factors. The closest distance the transload yard will be from neighboring
properties is to the west, where the facility is approximately 2000 feet to the nearest
residence. The Burlington Northern mainline is to the southeast of both Interstate 76 and
County Road 398. The internal rail spur to be constructed is sited on private lands owned by
the Plains Marketing, LP. Furthermore, there is a substantial setback from County Road 398
which lessens the impact of the facility. As this is an industrial facility, a security fence with
limited points of access is to be installed at the site's perimeter, and a Lighting plan is
required demonstrating that the site lighting will be downcast and shielded and utilized for
nighttime security and emergency work only. Further, any source of light, either directed or
reflected light, on site shall be shielded so that light rays will not shine directly onto adjacent
to adjacent properties, including public rights -of -way where such would cause a nuisance or
interfere with the use of the adjacent properties, including the potential to create a traffic
hazard to operators of motor vehicles on the adjacent road systetms.
Section 22-2-80.G. I.Goal.7 states "Recognize the importance of railroad infrastructure to
some industrial uses." Section 22-2-80.G.1 (.Policy 7.1 states "Support the continued and
expanded use of existing railroad infrastructure for industrial uses." The proposed facility will
utilize the Burlington Northern railroad mainline and two private internal rail loop track spurs
within the property boundary. The spurs are being constructed by BNSF contractors for use
in this petroleum (crude oil) transload facility. A crude oil rail loading facility will contribute to
the expansion of the County's industrial economic base by providing increased capacity to an
essential function in the marketing of oil produced in Weld County.
Section 22-6-20.A ECON.Goal 1. States "Encourage the expansion of existing business and
the location of new industries that will provide employment opportunities in the County." In
addition to the permanent employees, the Plains Transload Facility will be served at time by
contractors, truck drivers, and railroad personnel. It is anticipated that twenty (20) deliveries
or contractor visits, including postal deliveries will occur each day. Further, the facility will
employ approximately sixty (60) employees, two shifts of twenty employees working 12 -hours
shifts at a facility operating 24 hours each day, 365 days per year. That said, not all
employees will be on site at the same time.
Section 22-6-20.C.1. ECON.Policy 3.1. states "County activities and regulation should protect
the rights of private property owners and the public health, safety and welfare, recognizing
that these basic rights and protections allow the free market to prosper and grow the local
economy." The request for a Site Development Plan and Use by Special Review for the
transloading of a commodity from one mode of transportation to another including rail, truck
and pipeline transloading of commodities and materials, without limitation for oil and gas
industries, including petroleum products and storage related to same, the construction of an
on -site rail spur to create a "rail loop" of onsite track, new offices and support buildings, and
related equipment, a greater than 70 foot communication tower and the utilization of more
than one cargo container for storage necessitated by the need to move larger volumes of
crude oil due to the recent increases in drilling activity and projected additional production
increases anticipated by producers.
B. Section 23-2-220.A.2 — The proposed use is consistent with the intent of the A (Agricultural)
Zone District. Section 23-3-40.A.7 of the Weld County Code provides for Transloading, in this
instance a Transload Facility to accept a crude oil petroleum commodity delivered by pipeline
or tanker truck and transferring this commodity to a tanker car for delivery of same product by
rail to market, as a Use by Special Review in the A (Agricultural) Zone District. The site is a
approximately 356 acres.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses. The proposed facility and site is located northeast of County Road 63
and County Road 398. The site is located approximately 3.2 miles northeast of the Town of
Keenesburg and 6 miles southwest of Roggen Townsite. The site and surrounding lands are
zoned A —Agricultural. The western boundary of the site is formed by County Road 398 and
the Burlington Northern Santa Fe railroad Brush subdivision. There is limited residential
•
•
RESOLUTION USR12-0075
PLAINS MARKETING, LP
PAGE 3
dwellings in the vicinity to the proposed facility, with the Kauffman Bros Ltd., Partnership
ranch located approximately 0.5 miles to the south off of County Road 63; Prospect Valley
Dairy LLC has a residence approximately 1 mile to the East accessed from County Road 67;
Alfred Wilder has a residence approximately 3 miles to the west near the intersection of
County Road 57 and County Road 20 and there are no residential structures located within
two miles to the north on lands owned by Guttersen Ranches, LLC. The proposed Transload
facility is sited adjacent to an existing rail corridor and County road network.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is within the three mile referral area for the Town of Keenesburg, who
indicated in their referral dated December 20, 2012 that the proposed facility is located
approximately one mile north of the Town limits and is not within the existing
Intergovernmental Agreement Boundary between the County and Keenesburg, yet is within
the Town's Comprehensive Planning Area and the site is designated as agricultural use on
the future land use plan. The referral also states the Town is currently working on a
comprehensive plan amendment that will be re-evaluating the future land uses along the
highway and rail corridors for commercial and industrial uses. The Town is very supportive
of economic development in both the County and within the Town limits, however, the Town
holds concerns with the amount of traffic generated by this proposed facility and the impacts
to Towns infrastructure as a result of this proposed development. Given these concerns, the
Town is requesting that Plains Marketing, LP enter into a street improvements agreement
with the Town of Keenesburg.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County Code.
The existing site is not within a recognized overlay district, including the Geologic Hazard,
Flood Hazard or Airport Overlay District. The existing site is within the County -wide Road
Impact Fee Area.
Effective April 25, 2011, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2)
Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance
2011-2)
F. Section 23-2-220.A.6 — The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. The proposed facility is sited
on lands that are designated "Other land" for approximately 322 acres and "Prime if they
become Irrigated" on 34 acres located in the southwest quadrant of the parcel on the
Important Farmlands of Weld County map dated 1979. There is no irrigation water
associated with this parcel.
G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommends that the following conditions of approval and development standards
be attached:
1. Prior to recording the plat:
•
•
•
RESOLUTION USR12-0075
PLAINS MARKETING, LP
PAGE 4
A. The applicant shall enter into an Improvements Agreement with the Weld County Public
Works Department and post collateral for the on -site and off -site improvements associated
with this facility, including road infrastructure improvements as triggered by the designated
haul route for the Transload facility. The agreement and form of collateral shall be reviewed
by the Department of Public Works and accepted by the Board of County Commissioners
prior to recording to the USR12-0075 plat. (Department of Public Works)
B. The applicant shall attempt to enter into a Street Improvement Agreement with the Town of
Keenesburg for impacted streets within the Town Limits prior to recording to the USR12-0075
plat. Evidence of such shall be submitted to the Department of Planning Services. (Town of
Keenesburg)
C. The applicant shall address the Department of Public Works referral dated December 11,
2012 and revised referral comments dated January 18, 2013. Specific roadway requirements
include:
1. A right deceleration lane on CR 398 at the facility entrance is warranted by the
proposed traffic volumes to the facility. The facility is proposing 25 vehicles per hour
(vph) during a peak hour turning right into the facility. This meets the 25 vph trigger
for a right deceleration lane. (Department of Public Works)
2. A left deceleration lane at the intersection CR 398 and Market Street is warranted by
the proposed traffic volumes to the facility. The facility is proposing 25 vehicles per
hour (vph) during a peak hour turning left onto CR 398. This meets the 10 vph trigger
for a left deceleration lane. The segment of Market Street that would require the turn
lane is in the jurisdiction of the Town of Keenesburg and CDOT. The applicant will
need to develop an agreement with the town and CDOT to allow for the construction
of this safety improvement. (Department of Public Works)
3. In the November 2012 Traffic Study the applicant proposed 520 trips per day for the
facility. In the December 2012 Traffic Study the applicant proposed 220 trips per day.
The reduction in trips per day is due to a future pipeline at the facility, until the
pipeline is constructed the reduction in truck traffic will not occur. Even with the
reduction from 400 truck trips per day to 100 truck trips per day, the Passenger Car
Equivalents (PCE) with the truck reduction is still 420 vehicles per day. The trigger
for the paving improvements is 400 vehicles per day the facility is proposing 420
vehicles per day meeting the trigger requirement. (Department of Public Works)
D. The applicant shall address the Department of Public Health and Environment referral dated
January 3, 2013. Items include:
1. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.)
and Emissions Permit application from the Air Pollution Control Division (APCD),
Colorado Department of Health and Environment. Alternately, the applicant can
provide evidence from the APCD that they are not subject to these requirements.
2. A signed copy of the Spill Prevention, Control and Countermeasure Plan shall be
provided to Environmental Health Services Division of the Weld County
Department of Public Health & Environment.
3. The applicant shall submit written evidence from the Colorado Division of Water
Resources, demonstrating that the water well is appropriately permitted for the
commercial use.
4. In the event the facility's water system serves more 25 persons on a daily basis
the water system shall comply with the Colorado Primary Drinking Water
Regulations (5 CCR 1003-1). Evidence shall be provided to the Weld County
RESOLUTION USR12-0075
PLAINS MARKETING, LP
PAGE 5
Department of Public Health and Environment that the system complies with the
Regulations.
5. The applicant shall submit a waste handling plan, for approval, to the
Environmental Health Services Division of the Weld County Department of Public
Health & Environment. The plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this should
include expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number). (Department
of Public Health and Environment)
E. The applicant shall address the concerns of the Division of Water Resources, specific to their
referral dated December 7, 2012. Evidence of such shall be submitted to the Department of
Planning Services. (Division of Water Resources)
2. Prior to construction:
A. The applicant shall submit evidence of a Colorado Discharge Permit System or CDPS permit
from the Colorado Department of Public Health and Environment (CDPH&E), Water Quality
Control Division, to cover stormwater discharges from construction sites (5 CCR-1002-61).
Alternatively, the applicant can provide evidence from CDPH&E that they are not subject to
the CDPS requirements. (Department of Public Health and Environment)
B. A building permit will be required for any new construction, alteration, or addition to any
buildings or structures on the property. (Department of Building Inspection)
C. A building permit application must be completed and two complete sets of engineered plans
including engineered foundation plans bearing the wet stamp of a Colorado registered
architect or engineer must be submitted for review. (Department of Building Inspection)
D. A geotechnical engineering report performed by a registered State of Colorado engineer shall
be required or a open hole inspection. (Department of Building Inspection)
E. Buildings, equipment and structures shall conform to the requirements of the various codes
adopted at the time of permit application. Currently the following has been adopted by Weld
County: 2012 International Building Code; 2012 International Mechanical Code; 2012
International Plumbing Code: 2006 International Energy Code; 2012 International Fuel Gas
Code; 2011 National Electrical Code; 2009 ANSI 117.1 Accessibility Code and Chapter 29 of
the Weld County Code. (Department of Building Inspection)
F. A plan review shall be approved and a permit must be issued prior to the start of construction.
(Department of Building Inspection)
G. Contact the Permitting/Inspection agent for Weld County Public Works, for a Right -of -Way
permit for any work that may be required in the right-of-way. A special transport permit will be
any oversized or overweight vehicles that may access the site and may also be obtained
through the same office. (Department of Public Works)
3. Prior to the issuance of a Certificate of Occupancy:
A. An individual sewage disposal system (ISDS) is required for the proposed facility and
shall be installed according to the Weld County Individual Sewage Disposal Regulations.
The septic system is required to be designed by a Colorado Registered Professional
•
•
•
RESOLUTION USR12-0075
PLAINS MARKETING, LP
PAGE 6
Engineer according to the Weld County Individual Sewage Disposal Regulations.
(Department of Public Health and Environment)
B. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V
Injection Well permit from the Environmental Protection Agency (EPA) for any large -
capacity septic system (a septic system with the capacity to serve 20 or more persons per
day). Alternately, the applicant can provide evidence from the EPA that they are not
subject to the EPA Class V requirements. (Department of Public Health and
Environment)
C. The applicant shall submit evidence of a constructed and operational commercial well to
be utilized for potable water associated with the proposed facility. (Department of
Planning Services)
4. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR12-0075 (Department of Planning Services)
B. The attached Development Standards. (Department of Planning Services)
C. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
D. County Road 398 is designated on the Weld County Road Classification Plan as a local
gravel road, which requires 60 feet of right-of-way at full build out. The applicant shall verify
the existing right-of-way and the documents creating the right-of-way and this information
shall be noted on the plat. All setbacks shall be measured from the edge of future right-of-
way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by
Weld County. (Department of Public Works)
E. A stop sign will be required to be installed at the facility accesses onto CR 398. (Department
of Public Works)
F. A vehicle tracking control pad consisting of the preferred option (double cattle guards) will be
required to prevent tracking of material from your site in the way of mud or debris on to Weld
County Roads. (Department of Public Works)
G. The existing Burlington Northern Santa Fe right-of-way and recording information of said
right-of-way referenced and delineated. (Department of Planning Services)
H. The oil and gas setback radiuses for existing and abandoned wellheads and tank batteries on
the site shall be indicated in accordance with Section 23-3-50.E of the Weld County Code.
(Department of Planning Services)
Section 23-3-250.A.6 of the Weld County Code addresses the issue of trash collection areas.
Areas used for storage or trash collection shall be screened from adjacent public rights -of -
way and all adjacent properties. These areas shall be designed and used in a manner that
will prevent wind or animal scattered trash. (Department of Planning Services)
J. Show the approved access on the plat and label it with the forthcoming approved access
permit number (AP#). (Department of Public Works)
K. Delineate sixty (60) - parking spaces for employees and vendors adjacent to the
Administration Building. (Department of Planning Services)
L. Minimum radius for all turning movements within and onto publically maintained roads is sixty
(60) feet. (Department of Public Works)
RESOLUTION USR12-0075
PLAINS MARKETING, LP
PAGE 7
M. The approved Lighting plan. (Department of Planning Services)
5. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk
and Recorder. (Department of Planning Services)
6. Upon completion of 1., 2., 3., and 4. above the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of
the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
7. The attached Development Standards for the Special Review Permit shall be adopted and placed on
the Special Review Plat prior to recording. The completed plat shall be delivered to the Weld County
Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's
Office within one hundred twenty (120) days of approval by the Board of County Commissioners. The
applicant shall be responsible for paying the recording fee. (Department of Planning Services)
8. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not
be recorded within the required one hundred twenty (120) days from the date the Board of County
Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3
month period. (Department of Planning Services)
Motion seconded by Robert Grand.
VOTE:
•
•
For Passage
Robert Grand
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
Joyce Smock
Jordan Jemiola
Against Passage
Absent
Bill Hall
Bret Elliott
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on February 19, 2013.
Dated the 19th of February, 2013.
Digitally signed by Kristine
i66.L(i Ranslem
Date: 2013.02.21 13:40:14 -0700'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Plains Marketing, L.P.
Plains All American Pipeline, L.P.
USR12-0075
1. A Site Development Plan and Use by Special Review for a Transload Facility including the
transloading of a commodity from one mode of transportation to another including rail, truck and
pipeline without limitation for oil and gas, including petroleum products and storage related to same,
the construction of two on -site rail spurs to create a rail loop of onsite track and sidings, new offices
and support buildings, and related equipment, a greater than 70 foot communication tower and the
utilization of more than one cargo container for storage in the A — Agriculture Zone District, subject to
the Development Standards stated hereon., subject to the Development Standards stated hereon.
(Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department of
Public Health and Environment)
6. The applicant shall operate in accordance with the approved "waste handling plan". (Department of
Public Health and Environment)
7. The applicant shall comply with all provisions of the Above Ground Storage Tank Regulations.
(Department of Public Health and Environment)
8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved "dust abatement plan" at all times. (Department of Public
Health and Environment)
9. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in Section 14-9-30 of the Weld County Code or all applicable State noise statutes and/or
regulations. (Department of Public Health and Environment)
10. The operation shall comply with all applicable oil and gas operations regulated by the Colorado Oil
and Gas Conservation Commission. (Department of Public Health and Environment)
11. In accordance with Colorado Oil and Gas Conservation Commission Rule 604, a spillage retention
berm shall be constructed around the aboveground storage tanks. The volume retained by the
spillage berm should be greater than the volume of the largest tank inside the berm and sufficient
freeboard to contain precipitation. Alternative protective measures may be allowed provided they
comply with the Colorado Oil and Gas Conservation Commission regulations. (Department of Public
Health and Environment)
12. The facility shall be constructed and operated in accordance with 40 CFR 112 of the Environmental
Protection Agency's Oil Pollution Prevention Regulations to prevent the discharge of oil and to ensure
that contamination of soil and groundwater does not occur. (Department of Public Health and
Environment)
RESOLUTION USR12-0075
PLAINS MARKETING, LP
PAGE 9
13. Any petroleum contaminated soils on the facility shall be removed, treated or disposed of in
accordance with all applicable rules and regulations. (Department of Public Health and Environment)
14. A Spill Prevention Control and Countermeasure plan shall be kept on site, at all times. (Department
of Public Health and Environment)
15. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. (Department of Public Health and Environment)
16. Sewage disposal for the facility shall be by septic system. Any septic system located on the property
must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal
Systems. (Department of Public Health and Environment)
17. In the event the facility's water system serves more 25 persons on a daily basis the water system shall
comply with the Colorado Primary Drinking Water Regulations (5 CCR 1003-1). If not subject to these
requirements, the Weld County Department of Public Health and Environment strongly encourages
well users to test their drinking water prior to consumption and periodically thereafter. (Department of
Public Health and Environment)
18. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with
product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and
volatile organic compounds (VOC's). (Department of Public Health and Environment)
19. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
20. A building permit will be required for any new construction, alteration, or addition to any buildings or
structures on the property. (Department of Building Inspection)
21. A building permit application must be completed and two complete sets of engineered plans including
engineered foundation plans bearing the wet stamp of a Colorado registered architect or engineer
must be submitted for review. (Department of Building Inspection)
22. A geotechnical engineering report performed by a registered State of Colorado engineer shall be
required or a open hole inspection. (Department of Building Inspection)
23. The facility will operate 24hours/day, 7 days/ week, 365 days per year. (Department of Planning
Services)
24. The number of employees associated with this facility is limited to sixty (60). (Department of Planning
Services)
25. Buildings, equipment and structures shall conform to the requirements of the various codes adopted
at the time of permit application. Currently the following has been adopted by Weld County: 2012
International Building Code; 2012 International Mechanical Code; 2012 International Plumbing Code:
2006 International Energy Code; 2012 International Fuel Gas Code; 2011 National Electrical Code;
2006 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of
Building Inspection)
26. A plan review shall be approved and a permit must be issued prior to the start of construction.
(Department of Building Inspection)
27. Prior to the release of building permit, the applicant shall submit evidence of approval from the
Southeast Weld Fire Protection District to the Weld County Building Department.
28. Should noxious weeds exist on the property or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Section 15-1-180. (Department of Public Works)
RESOLUTION USR12-0075
PLAINS MARKETING, LP
PAGE 10
29. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
30. Weld County is not responsible for the maintenance of on -site drainage related features. (Department
of Public Works)
31. No parking or staging of commercial vehicles on the county road is allowed. Use on -site parking area.
(Department of Public Works)
32. Off-street parking spaces including the access drive shall be surfaced with gravel, asphalt, concrete or
the equivalent and shall be graded to prevent drainage problems. (Department of Public Works)
33. Parking lots shall conform to all standards of the American with Disabilities Act. (Department of Public
Works)
34. This area is not in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency
Management Agency (FEMA). (Department of Public Works)
35. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in accordance
with the plan. Neither the direct nor reflected light from any light source may create a traffic hazard to
operators of motor vehicles on public or private streets. No colored lights may be used which may be
confused with or constructed as traffic control devices. (Department of Planning Services)
36. Existing trees and ground cover along public road frontage and drainage ways shall be preserved,
maintained, and supplemented, if necessary, for the depth of the setback in order to protect against
and/or reduce noise, dust, and erosion. (Department of Planning Services)
37. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the reclaimed
areas. (Department of Planning Services)
38. The site must take into consideration storm water capture/quantity and provide accordingly for best
management practices. (Department of Public Works)
39. All proposed or existing structures will or do meet the minimum setback and offset requirements for
the zone district in which the property is located. Pursuant to the definition of setback in the Weld
County Code, the required setback is measured from the future right-of-way line.
No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F, H, I,
M and R in Section 302.1 of the 2012 International Building Code, shall be constructed within a
200 -foot radius of any tank battery or within a 150 -foot radius of any wellhead or within a twenty -five-
foot radius of any plugged or abandoned oil and gas well. Any construction within a two -hundred -foot
radius of any tank battery or one -hundred -fifty -foot radius of any wellhead shall require a variance
from the terms of this Chapter in accordance with Subsection 23-6-10.C of this Code. (Department of
Planning Services)
40. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to the
fee structure of the Weld County Road Impact Program.(Ordinance 2011-2) (Department of Planning
Services)
41. Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to adhere to the
fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2) (Department of
Planning Services)
42. The landscaping and screening on site shall be maintained in accordance with the approved
Landscape and Screening Plan. (Department of Planning Services)
RESOLUTION USR12-0075
PLAINS MARKETING, LP
PAGE 11
43. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240 of the Weld County Code.
44. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 of the Weld County Code.
45. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services).
46. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards as shown or stated shall require the approval of an amendment of the Permit
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
47. In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special Review has
not commenced from the date of approval or is discontinued for a period of three (3) consecutive
years, it shall be presumed inactive. The county shall initiate an administrative hearing to consider
whether to grant an extension of time to commence the use or revoke the Use by Special Review. If
the Use by Special Review is revoked, it shall be necessary to follow the procedures and
requirements of Division 4 of the Weld County Code in order to reestablish any Use by Special
Review. (Department of Planning Services)
48. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning
Services)
49. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm
vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
•
•
•
RESOLUTION USR12-0075
PLAINS MARKETING, LP
PAGE 12
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state
and County roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal
priorities mean that roads from subdivisions to arterials may not be cleared for several days after a
major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
/
•
•
•
Motion: Forward Case USR12-0073 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Robert Grand, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Benjamin Hansford, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman,
Robert Grand.
CASE NUMBER: USR12-0075
APPLICANT: PLAINS MARKETING, LP
PLANNER: KIM OGLE
REQUEST: A SITE DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW FOR
MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING
TRANSLOADING OF A COMMODITY FROM ONE MODE OF
TRANSPORTATION TO ANOTHER INCLUDING RAIL, TRUCK AND PIPELINE
TRANSLOADING OF COMMODITIIES AND MATERIALS, WITHOUT
LIMITATION FOR OIL AND GAS INDUSTRIES, INCLUDING PETROLEUM
PRODUCTS AND STORAGE RELATED TO SAME, THE CONSTRUCTION OF
AN ON -SITE RAIL SPUR TO CREATE A RAIL LOOP OF ONSITE TRACK,
NEW OFFICES AND SUPPORT BUILDINGS. AND RELATED EQUIPMENT, A
GREATER THAN 70 FOOT COMMUNICATION TOWER AND THE
UTILIZATION OF MORE THAN ONE CARGO CONTAINER FOR STORAGE, IN
THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION: ALL SECTION 17, T2N, R63W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 398, APPROXIMATELY ONE MILE NORTH
OF CR18.
Commissioner Maxey noted that he visited the site and provided a site field check to the County Attorney.
Kim Ogle, Planning Services, presented Case USR12-0075. reading the recommendation and comments
into the record. Mr. Ogle noted the concerns from the Town of Keenesburg as stated in their referral.
The Department of Planning Services recommends approval of this application with the attached
conditions of approval and development standards.
Brad Yatabe, County Attorney, noted that he received electronic documents of the Air Permit and the Well
Permit. Mary Evett, Environmental Health, clarified that the Air Permit required is for the tanks and the
construction of the facility and for disturbing more than 25 acres.
Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site. Public Works received two traffic studies. He added that the original traffic study
was received November 2012 and reflected 520 average vehicles per day including employee vehicles
and trucks. Of that number there are 400 truck trips per day. The revised traffic study was received
December 2012 which had reduced the number from 400 to 100 truck trips per day. The applicant
indicated that the reason for reduction is from the construction of pipelines into the site to reduce the truck
traffic. Mr. Carroll stated that until the pipeline is constructed the reduced traffic will not occur: therefore
staff will work with the original traffic report of 400 truck trips per day.
Commissioner Maxey referred to the two traffic studies and added that the numbers are different than
what Mr. Carroll mentioned. He added that the initial traffic study said 200 oil delivery trucks plus
miscellaneous and employees totaling 260 vehicles. The revised traffic study said that there are 50 truck
trips maximum. He asked for further clarification. Mr. Carroll referred to the memo from Janet Carter,
Traffic Engineer. dated January 18, 2013 and deferred to the applicant for clarification.
Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Commissioner Maxey said that according to the Division of Water it appears that a small capacity
commercial well permit will be available. Ms. Evett said that all of the uses of the well should be submitted
to the Division of Water Resources and if it is to be used for fire suppression than that needs to be
included.
•
•
•
Vince Harris, Baseline Corporation, 700 12'" Street, Golden Colorado. Mr. Harris said that the site is a
total of 351 acres and added that there will be two (2) railroad connections or 20,000 feet of track on site.
There will be two 150 foot diameter, 48 foot tall oil tanks with 6.3 million gallons capacity each.
Mr. Harris stated that they have visited with the Mayor of Keenesburg and they are working on a Street
Improvements Agreement and believes that they are near to completion. In addition, Plains Marketing
has met with the Southeast Weld County Fire District and they have resolved all of their comments and
concerns as addressed in the referral.
Crude oil will arrive at the site predominately by pipeline through contracts with two (2) companies. Some
crude oil will arrive by tanker truck. The haul route follows Market Street south of the 1-76 interchange to
County Road 398 through Keenesburg heading east to the site.
Mr. Harris requested consideration of some concerns in the staff report. Specifically he requested the
following be considered: Condition of Approval 1.C.1 Right Turn Deceleration Lane. Plains don't feel that
it is necessary with the significantly reduced truck traffic on County Road 398; Condition of Approval
1.C.2, Left Turn Lane on Market Street to turn left onto County Road 398. There is 50 feet of asphalt
there now and believes that striping can be done to that intersection in coordination with Keenesburg to
facilitate that left turn lane. Condition of Approval 1.C.3 Pavement for 3 miles of County Road 398. Mr.
Harris said that they don't feel it is warranted to have 3 miles of pavement to be added there. The trigger
is 400 trips per day on a road for pavement and with the revised traffic study there is a maximum of 50
trucks per day; therefore with those numbers and employees they don't add up to the 400 trips per day.
He added that in the Improvements Agreement they would like to add that if in the future Plains Marketing
generates more than the 400 trips per day then they would pay their share of the improvements to pave
those 3 miles. Additionally after speaking with Mr. Ogle, he requested that Condition of Approval 4.K be
amended for 50 parking spaces.
In addition, Mr. Harris clarified that there will be pumps located on site.
Commissioner Grand asked what the timing of the installation of the pipelines will be. Mr. Harris said that
he understands that the pipelines will be in place and ready prior to the operation of the facility.
Commissioner Maxey asked when the facility will be open. Mr. Harris deferred that question to Plains
Marketing.
Fred Lantz, Baseline Corporation, 700 12th Street, Golden, Colorado. Mr. Lantz said that he performed
the traffic study. He added that he believes that they are talking the same number but the
misunderstanding is between the number of trips and trucks per day. He said that the original study was
for 200 trucks which is 400 trips. The revised traffic study was based on the pipelines being installed and
that the maximum number of trucks is 50 with 100 trips per day.
With the right turn lane, the trigger of 25 right turns that the County uses comes from the State Highway
standard. The thing that doesn't fit well is that this standard assumes that there is traffic on the main line.
The idea is to get the 25 vehicles out of the way for thru traffic. Therefore they are requesting
consideration that the right turn lane not be installed.
With the left turn lane located in Keenesburg the roadway is about 50 feet wide and has no turn lanes for
any of the businesses. The roadway can simply be restriped to accommodate the turn lane.
Commissioner Berryman said that the road crosses the track and asked about the possibility of stacking
of trucks on County Road 398. Mr. Lantz said the design of the entrance roadway into the site is 100 feet
of storage available from the railroad to County Road 398 so there is room to store a truck or several cars
between County Road 398 and the railroad. Mr. Lance said that there is proposal of 4 trucks per 1 hour;
therefore it would meet the storage requirements.
Commissioner Lawley asked how long it takes to offload the product from the truck and how many trucks
can be offloaded at a time. Mr. Lantz said that he would need to defer to Plains Marketing.
5
•
•
•
Melissa Smith, Plains Marketing, 333 Clay Street, Houston Texas, stated that they are a major pipeline
and terminal operation in the United States and Canada. As of today, there are 5 other rail facilities in the
United States including a facility in Carr, Colorado. When they started this project they anticipated the oil
coming in by truck but based on the interest of the users of the area they expanded the facility by bringing
it in through pipeline. From the pipeline it will be stored in the tanks on site and then offloaded to rail cars.
Ms. Smith stated that it takes about 20 minutes for a truck to unload the product; therefore in an hour you
can unload 5 trucks. They expect 20 trucks at most during the day; therefore there should not be any
backup onto the county road right-of-way.
Commissioner Maxey asked about completion dates. Ms. Smith said that they anticipate August 2013
that the pipelines and facility will be completed.
Commissioner Lawley clarified if the pipelines will go through a land use process and be in operation by
August 2013. Mr. Ogle said that the pipelines are a use by right because they do not meet the hoop
strength requirements of 20% or greater. He added that the 2 companies will acquire right-of-way from
Mr. Gutterson to come through his land. No land use permits will be associated with the pipelines.
The chair called a recess at 3:42 pm and reconvened the hearing at 3:53 pm.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Rhonda Thompson, 31330 CR 18, Keenesburg Colorado stated that she was never notified about this
proposal. She said that she is highly concerned with the amount of traffic that this will create on County
Road 398 but as well as in the Town of Keenesburg. The trains have tied up the east side of Keenesburg
for hours or days.
Ms. Thompson stated she is opposed to this proposal and voiced concerns regarding the noise, dust, air
pollution, lights, potential fire danger, and the decrease in property values. She inquired of a possible
creation of an off ramp from 1-76 to avoid traffic in Keenesburg. Additionally, Ms. Thompson inquired
about the 40 foot tower.
Commissioner Maxey clarified that it is a 70 foot communication tower. He added that according to the
Weld County Code anyone within 500 feet of the property boundary is notified of the request.
Deata Mathison 31805 CR 18, Keenesburg Colorado stated that she was not notified as well. She
expressed opposition to this request and stated that she is concerned that the wind blows hard and often
from the north and they will get all the air pollution, noise, and dust carry to her house. Ms. Mathison
noted that her well is 540 feet deep so anytime there is a disturbance her well is the first affected. She
agreed with Ms. Thompson's comments and echoed that the train traffic is terrible and often time avoids
the trains by going on County Road 63.
Cassandra Coca, 31687 CR 18, stated that she was not notified of this hearing. She echoed the
comments and agreed with Ms. Thompson and Ms. Matheson's comments. They moved out to the
country for an agricultural environment and believe that this industrial site will bring their quality of life
down.
Bruce Sparrow, 29519 CR 16.5, stated that he lives 3 to 4 miles from the site. According to his
calculations, they will have the ability to offload 15 trucks an hour multiplied by 24 hours with the
capability of unloading 360 trucks per day; however they have stated that they expect 20 trucks per day.
Mr. Sparrow indicated that he talked to a landowner near the North Dakota facility and he said that he
was pretty happy with Plains; however he understood that it would be piped in and it has not been done
yet. He would like clarification on the truck numbers and when the pipeline will be installed.
Danny Kipp, Mayor of the Town of Keenesburg, 140 S 91h, Keenesburg, Colorado stated they are not
opposed to the project but it is his job to minimize the impact to the residents of Keenesburg. He added
that a referral was submitted to Weld County indicating that they wanted an agreement for mitigation to
the impact of the Town of Keenesburg. Additionally, they have been working on an agreement and
believe that both legal teams are very close to coming to a final agreement.
6
•
•
•
Mr. Kipp asked that there be a revision in the staff report regarding the distance of the site from
Keenesburg. He referred to Section 23-2-220.A.3 where it is stated it is 3.2 miles northeast of the Town
and would like to see it changed to 1 mile.
In addition, under Condition of Approval 1.B he asked that "attempt to" be stricken regarding the Street
Improvement Agreement. He added that they would like to have a Pre -Annexation Agreement with Plains
Marketing.
Todd Hodges, 2412 Denby Court, Ft. Collins, Colorado, stated that the turn lane on Market Street is
CDOT right-of-way and therefore they request that Condition of Approval 1.C.2 remain as written as
CDOT needs to address this issue. The agreement that both Keenesburg and Plains Marketing are
working on is separate from this turn lane.
Mr. Grand asked the Mayor if he is confident that the agreement is close to being finalized. Mr. Kipp
indicated that he believe it is. Mr. Grand asked how he felt about the paving of County Road 398. Mr.
Kipp said they support the County's recommendation of paving County Road 398.
Mr. Maxey asked the Mayor if the Town is in favor of this development. Mr. Kipp said that traffic is a
concern but they have not received any negativity of the development being there. Mr. Maxey asked how
he felt about the left turn lane onto Market Street. Mr. Kipp said that he didn't feel there was enough room
for a turn lane but they should talk to CDOT since it is their right-of-way.
Ron Rome, 7319 CR 63, Keenesburg, Colorado, agreed with the previous ladies comments. He said that
no comments have addressed the additional farm traffic during harvest. Mr. Rome is opposed to the
project and expressed concerns regarding the traffic, paving of County Road 398, and dust. He felt that
the site should be accessed from 1-76. He noted that the trains have stopped traffic numerous times and
have blocked the Fire Department from access to fires.
Greg Pickerel, Noble Energy, 2115 117th Avenue, Greeley, Colorado said that Noble Energy's pipeline
into this facility will start at the White Cliffs Pipeline Station which is at County Roads 49 and 30 with a 12
inch line into the Plains Facility. He added that they will be able to provide half of the facility's capacity.
Starting at the White Cliffs Station that will tie them with the new Briggsdale and Wells Ranch stations;
therefore they will be able to take oil from northeast Weld County and transport it via pipeline into this
facility. Mr. Pickerel stated that they are planning to be ahead of the Plains Facility and should be in
service before Plains begins operation. They are proponents of eliminating truck traffic.
Commissioner Smock asked what the plans are if this facility does not get approved. Mr. Pickerel said
that they would be trucking to the Carr facility as well as trucking to Wyoming.
The Chair asked Fire Chief Tom Beach for his comments.
Tom Beach, Southeast Weld County Fire District, 65 East Gandy Avenue, Keenesburg, Colorado. The
chair asked him about fire suppression at the site, fire response time, and rail access to the facility,
secondary access to the facility, and well for the facility for fire suppression.
Mr. Beach said that the Southeast Weld County Fire District Board has had many meetings regarding this
facility. The well will not be used for fire suppression; rather there is a pond on site as well as a potential
20 inch waterline constructed by others which may be utilized for fire protection of the facility. Mr. Beach
referred to the December 21, 2012 referral and commented that they have discussed the concerns with
Plains Marketing and indicated that they have agreed to the referral comments. Mr. Beach said that in
their opinion they have met the fire district concerns. The secondary access is still under discussion. He
added that they will have cross training with Plains Marketing and will be able to bring in neighboring
departments to assist them in any type of suppression necessary. There are active mutual aide
agreements in place as well.
Commissioner Grand asked about a buffer zone from the facility. Mr. Beach said that they do get
stopped by the trains. Commissioner Lawley referred to the Mutual Aid Agreements and asked if the
7
•
•
other agencies would be able to reach the facility. Mr. Beach said that other agencies would be able to
reach the facility if they were stopped.
Mr. Harris said that at this time there is no need for a communications tower on site; however it was
included in the application as it might be a possibility in the future. He added that it would not be located
next to the rail line and if it were to fall it would fall only on the Plains property.
With regard to the construction of the pipeline, he referred to the testimony from Greg Pickerel with Noble
Energy stating that they anticipate the pipelines will be in place prior to the start of the Plains facility.
Mr. Harris noted that Town of Keenesburg's comments and indicated that the agreement is very near
completion.
Ms. Smith commented that they are at the end of finalizing the agreement with the Town of Keenesburg
and added that it will be discussed further at the Town meeting tonight. She understands the train issue
and added that 90% of the trains will come from the north and will exit the site to the north as well. She
added that very little train traffic will go back to Keenesburg from the Plains facility.
In response to the facility in North Dakota, the Manitou Facility was started as a truck facility; however in
January 2013 they redesigned it for the rail transload and improved the truck offloading in just the last few
weeks.
Commissioner Maxey said that the perception with the 5 truck offloading bays looks to handle a lot of
truck traffic. Ms. Smith said that the 5 bays are for the two main customers. There are 2 bays for each
company and 1 bay potentially for their own business. As they were scoping the project removing the
bays didn't make sense if there was an issue with the site. They don't anticipate that happening but while
they are building the project it was better to account for that.
Commissioner Berryman referred to concerns about the water affecting surrounding water wells, a pre -
annexation agreement with the Town of Keenesburg and the possibility of access from 1-76.
Mr. Harris said that he not sure what aquifer their proposed well is permitted from and added that the
proposed well is approximately 1 mile apart from the surrounding well. With regard to the 1-76 access, he
stated that CDOT has a process and to gain that access it might be a 4 to 6 year process. If it were to be
constructed he would guess that a new interchange would be anywhere from a 12 to 20 million dollar
project. Mr. Harris said that they have not been privy to a pre -annexation agreement but believes that
there have been comments in the referral letters. At this time, Plains Marketing is not planning to annex
into Keenesburg.
Additionally, Mr. Harris said that they will comply with the Weld County standards regarding lights, dust
and noise. Ms. Evett said that the noise level it is equivalent to the industrial zone district of 75 to
decibels. Mr. Berryman inquired if the trains slamming against each other will exceed the decibel level.
Ms. Smith said that the unit train operation is 104 cars brought in and the railroad never disconnects the
power, they are loaded with the required 24 hours and then it goes out. They will not be breaking the
train apart so you should not hear the clanking of them going together. It is a continuous loop with no
breaks.
The Chair referred to the Applicant's request to consider items for removal. Mr. Carroll suggested that
Janet Carter, Traffic Engineer, re-evaluate the studies along with the clarification of the truck numbers
prior to the Board of County Commissioners hearing. Mr. Harris agreed to address these issues before
the Board of County Commissioner's hearing. Mr. Ogle recommended amending Condition of Approval
4.K to accommodate the 2 shifts with a total of 50 parking spaces.
Motion: Amend Condition of Approval 4.K as stated by staff, Moved by Robert Grand, Seconded by
Benjamin Hansford. Motion passed unanimously.
Commissioner Grand moved to amend Condition of Approval 1.B to eliminate "attempt to". Mr. Yatabe
said that this would set a precedent since they have not in the past required an applicant to enter into an
agreement with another municipality. However, Weld County has required that the applicant make an
8
•
•
effort to address the municipalities' comments. He added that the issue becomes that the town can
become the deciding entity ultimately in this case if that agreement does not get worked out when the
final decision is to be made by the Board of County Commissioners. Mr. Yatabe advised against
amending the language.
Commissioner Maxey asked staff for clarification on the Intergovernmental Agreement (IGA) with the
Town of Keenesburg. Mr. Ogle identified on a visual map the boundary of the IGA with the Town of
Keenesburg. Mr. Grand asked who is responsible to update the boundary when 2 annexations pushed
out the town limits. Mr. Ogle said that it is the Town's responsibility to update the IGA. Mr. Ogle clarified
that the Town of Keenesburg has annexed outside of the Intergovernmental Agreement area within Weld
County.
Commissioner Grand rescinded his motion to amend Condition of Approval 1.B.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR12-0075 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Jordan Jemiola, Seconded by Robert Grand.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Benjamin Hansford, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman,
Robert Grand.
Commissioner Smock stated that she feels Conditions of Approval 1.C.1, 1.C.2 and 1.C.3 remain in the
resolution as they are dire safety issues.
Commissioner Jemiola stated that he doesn't believe paving County Road 398 is necessary and can be
mitigated by a dust abatement plan.
Commissioner Grand agreed with Commissioner Smock on the Conditions of Approval. He strongly
suggested that the agreement with Keenesburg be completed as represented.
Commissioner Maxey stated that staff has done a good job of vetting out the development standards and
conditions of approval to address these issues; however expressed that he has concerns over County
Road 398.
The Chair asked the public if there were other items of business that they would like to discuss. Ms.
Thompson said that if there are any doubts on paving County Road 398 she encouraged the Planning
Commission to drive it.
The Chair asked the Planning Commission members if there was any new business to discuss. Mr.
Grand inquired if there has been any update on the discussion of pursuing an oil refinery in Weld County.
Mr. Maxey said that he has made contact with Jenny Fuller at the Commissioner's office to schedule a
meeting time. At this time, there is no date but hopes to hear soon to schedule a time.
Jordan Jemiola left the hearing at 5:30 p.m.
Mr. Maxey referred to the first case regarding the impact fees and asked how the County can make it
easier for small businesses like that to have a general idea to know what they are getting into as far as
cost. Mr. Parko said that staff tries to address those fees during the pre -application meeting. The fees
are not determined until building permits are submitted. The applicant may appeal the classification of
the fees to the Planning Director. Mr. Maxey said that it would be interesting to compare what a business
near this site who has a smaller building but many more trucks paid for impact fees to the case we heard
today. Mr. Parko suggested having Elizabeth Relford speak at the luncheon in April regarding impact
fees.
Meeting adjourned at 5:36 pm.
9
Hello