HomeMy WebLinkAbout20131930.tiffHEARING CERTIFICATION
DOCKET NO. 2013-42
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR13-0023, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (PROPANE STORAGE) 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 - WHITE BEAR
MANAGEMENT, LLC, C/O POLAR GAS FRONT RANGE, LLC
A public hearing was conducted on July 31, 2013, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro -Tern
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Susan Brown
Assistant County Attorney, Brad Yatabe
Planning Department representative, Chris Gathman
Public Works representative, Jennifer Petrik
Health Department representative, Lauren Light
The following business was transacted:
IM I hereby certify that pursuant to a notice dated June 14, 2013, and duly published June 19,
2013, in the Greeley Tribune, a public hearing was conducted to consider the request of White
Bear Management, LLC, do Polar Gas Front Range, LLC, for a Site Specific Development Plan
and Use by Special Review Permit, USR13-0023, for any use permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts
(propane storage) 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.
Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal and entered the favorable recommendation of the Planning Commission into the
record as written. He explained this is a propane storage facility with an office trailer onsite for
occasional use; the facility is unmanned except when tanks are being filled or emptied. They
estimate approximately from five (5) vehicle trips per day from November thru February. He
described surrounding land use and proximity to the Town of Briggsdale, and stated that one
letter of concern was received from a surrounding property owner citing safety and compatibility
concerns. Slatting along the fence on the north and west side was proposed for screening. No
lighting is proposed because truck and tank lights are adequate. Mr. Gathman said that the
CCi • CAA ,PLIP010-7130
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recommendation from planning staff was to provide a lighting plan to address the access point
for drivers. He said that ten referrals were sent, and six were returned with no concerns or
conditions. In response to Commissioner Kirkmeyer, Mr. Gathman said that the letter of
concern addressed the safety issue of outside companies traveling to an unfamiliar site at night.
Commissioner Rademacher said the position of the tanks is also safety related. Mr. Gathman
then showed images of the site and surrounding properties.
Jennifer Petrik, Department of Public Works, provided a brief overview of the
transportation plans and requirements. She said County Road 77 is an arterial roadway, and
detailed the access, and stated there shall be no staging or parking on county roads. She noted
that the applicant will submit an early release of grading request. In response to Commissioner
Conway, Ms. Petrik had no comment on the access lighting except that the sight distance was
approved by the engineer.
El Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions, dust abatement, and waste handling, and noted that the propane tanks will be
placed on a concrete pad. She stated Development Standards #7 and #8 may be deleted as
either non -applicable and/or redundant. In response to Commissioner Conway, she said
Condition of Approval #1.C could also be struck, as redundant.
Nathan Reed, applicant and owner, gave an overview of his company. Responding
further to Commissioner Conway, Mr. Gathman reviewed the Planning Commission discussion
regarding the deletion of #1.D. he said they supply propane for the purpose of heating water for
hydraulic fracturing. He noted that, being a satellite facility, the project will reduce truck traffic
on County Roads. He explained the facility is designed for safety; the access was moved in
order to be a better neighbor, unloading and loading are as far from the neighbors as possible,
there will be good truck flow, screening to the west and north, and the tanks are painted a
neutral tan to minimize visual impact. He said they propose having reflectors and no lights
because all the trucks are equipped with work lights that are more than adequate. He assured
the Board that every person coming to the facility will have training and a site -specific
orientation. In response to Commissioner Rademacher, Mr. Reed said the tanks are positioned
in accordance with recommendations received from the Briggsdale Fire Department. In
response to Commissioner Rademacher, Mr. Reed said there will be a six-foot fence, but
nothing at the entrance, and Commissioner Rademacher suggested motion detectors for
security. Mr. Reed explained propane tank safety pre -cautions in some detail.
ta No public testimony was offered concerning this matter.
In response to Chair Garcia, Mr. Reed said that they only employ two companies for
delivery, so the odds of a driver being unfamiliar with the site are slim. All propane employees
receive basic propane training and will have to do a physical walk-through/orientation of
emergency procedures and valve locations at the facility. Commissioner Kirkmeyer
suggested that the lighting plan be deleted, and proposed a new Condition of Approval #5.B,
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prior to operations, requiring the applicants to have an emergency plan focusing on safety
on -file. Mr. Reed confirmed that emergency numbers are posted onsite and that the Town
of Briggsdale and the State of Colorado will have a fire safety analysis. Commissioner
Kirkmeyer suggested the inclusion of Roy Rudisill of the Weld County Office of Emergency
Management. Therefore, by assent of the Board, the Condition of Approval will state, "An
emergency operations plan that focuses on the safety of the facility shall be filed with the Office
of Emergency Management in coordination with the Briggsdale Fire District."
Commissioner Kirkmeyer suggested that Conditions of Approval #1.A and #1.D.6, in regard to
the lighting plan, be deleted because there is minimal opportunity for untrained employee traffic.
Commissioner Freeman concurred. Commissioner Conway said a nighttime training would
alleviate his concerns. Chair Garcia concurred with Commissioners Freeman and Kirkmeyer,
and these were deleted by assent of the Board. ! By assent of the Board, Condition of
Approval #5.B will also state "the plan shall detail driver's safety procedures and training. Prior
to access, all drivers must have a daytime and a nighttime orientation to the facility."
Commissioner Kirkmeyer suggested deleting Condition of Approval #1.D.6, which was done by
assent of the Board. She suggested deleting Development Standards #7 and #8, and possibly
#9, as non -relevant, Ms. Light said #8 is to prevent odor going off -site, and
Commissioner Kirkmeyer noted that seems contradictory to the safety measure of giving
propane a distinctive smell. Commissioner Conway said this is addressed at the state level and
so is redundant; it was deleted by assent of the Board. Commissioner Kirkmeyer suggested the
deletion of #10, as non -applicable, also done by assent of the Board.
In response to Chair Garcia, Mr. Reed said he has reviewed the Conditions of Approval
and Development Standards and agrees to abide by them, as amended.
El Commissioner Rademacher moved to approve the request of White Bear Management,
LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR13-0023, for
any use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (propane storage) 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. There being no further
discussion, the hearing was completed at 10:55 a.m.
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HEARING CERTIFICATION - WHITE BEAR MANAGEMENT, LLC, C/O POLAR GAS FRONT
RANGE, LLC (USR13-0023)
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This Certification was approved on the 5th day of August, 2013.
BOARD OF COUNTY COMMISSIONERS
WELD I iP5 COLORADO
ATTEST: Yinisfsmaan • -YC
Weld County Clerk to the Board
BY:
Deputy Clo the Board
can P. Conway
Freeman
arbara Kirkmeyer1
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