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Home My WebLink About20131919.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS 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: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: USR13-0023 WHITE BEAR MANAGEMENT, LLC CHRIS GATHMAN A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A 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 LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT. LOT C REC EXEMPT RE -4081; PART SW4 SECTION 21, T8N, R62W OF THE 6TH P.M., WELD COUNTY, COLORADO. EAST OF AND ADJACENT TO CR 77; APPROXIMATELY 500 FEET NORTH OF STATE HIGHWAY 14. 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 22-2-20.G.2 A.Policy 7.2.states: "Conversion of agricultural land to nonurban residential, commercial and industrial uses should be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the region." Section 22-2-20.1. A.Goal 9. states: "Reduce potential conflicts between varying land uses in the conversion of traditional agricultural lands to other land uses." Section 22-2-20.1.5. A.Policy 9.5. states: "Applications for a change of land use in the agricultural areas should be reviewed in accordance with all potential impacts to surrounding properties and referral agencies. Encourage applicants to communicate with those affected by the proposed land use change through the referral process." The propane storage facility site will be located approximately 500 feet to the south and 500 feet to the northeast of two single family residences. Attached conditions of approval and development standards will ensure compatibility with the surrounding area. Given the proximity to existing residences and the fact that the applicants are proposing 24/7 hours of operation the Department of Planning services is requiring that a lighting plan be submitted and approved. 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.S of the Weld County Code for any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, (Polar Gas Propane Storage), provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. d a a EXHIBIT QOi3' iqil USK 13- RESOLUTION USR13-0023 WHITE BEAR MANAGEMENT, LLC PAGE 2 C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The proposed tank storage site is located approximately 500 feet from two single family residences to the north and southwest and is approximately 1/2 mile from the Town of Briggsdale. Another residence is located approximately 1,000 feet to the north of the proposed facility. A retail liquor store (approved under USR12-0076) and a welding and fabrication shop (approved under USR-1506) are located approximately 1,000 feet to the south and southwest of the site. One letter of objection has been received from surrounding property owners in regards to this case. The attached conditions of approval and development standards will ensure compatibility with existing surrounding land uses. The Department of Planning Services is requiring a lighting plan to address 24/7 hours of operation a screening plan to address screening from nearby/adjacent residences. 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 not located within a three (3) mile referral area of any municipality, nor is it located within any existing Intergovernmental Agreement Area (IGA) of a municipality. E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld County Code. The existing site is within the County -Wide Road Impact Fee and the Capital Expansion Impact Fee Program areas. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. Building Permits issued on the proposed lot will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Program. 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 USR site is designated as "Prime If Irrigated" and "Other" according to the Prime and Important Farmlands Map of Weld and Larimer Counties. The propane tank storage facility improvements will be located on the south half of the parcel. G. Section 23-2-220.A.7 — There are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. The attached conditions of approval and development standards will ensure that there are adequate provisions for the protection of the 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 recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A. The applicant shall submit a lighting plan for review and approval by the Department of Planning Services. (Department of Planning Services) B. Evidence of an application submitted to the Colorado Department of Labor and Employment Division (CDL&E), Oil and Public Safety in accordance with the Liquefied Petroleum Gas (LPG) rule 7 ccr 1101-15 shall be submitted to Environmental Health Services, Weld County Department of Public Health & Environment. Alternately, the applicant can provide evidence from the CDL&E, Oil and Public Safety Section that they are not subject to these requirements. (Department of Public Health and Environment) (condition met 7/16/13) RESOLUTION USR13-0023 WHITE BEAR MANAGEMENT, LLC PAGE 3 The applicant shall submit evidence of an Aboveground Storage Tank permit from the Colorado Department of L , . nspcction S otiony aboveground storage tank -s --located on the site. Alternately, the applicant can provide evidence from the CDL&E, Oil Inspection Section that —they —are not subject to these requirements. (Department of Public Health and Environment) D. Trh�- onl;cr ntsh rll ��hmit n inht�na Plan to ¢F�o r�on- frnnnf of DIc nninn Carvices, for review and approval. (Department of Planning Services) E. The applicant shall submit a Screening Plan to the Department of Planning Services for review and approval. The screening plan shall address screening of the facility from the adjacent residences to the north and west. (Department of Planning Services) F The plat shall be amended to delineate the following: 1. All sheets of the plat shall be labeled USR13-0023 (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4. The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. Areas used for storage or trash collection shall be screened from adjacent properties and public rights -of -way. These areas shall be designed and used in a manner that will prevent trash from being scattered by wind or animals. (Department of Planning Services) 5. County Road 77 is designated on the Weld County Road Classification Plan as an Arterial road, which requires 140 feet of right-of-way at full buildout. There is presently 100 -feet of right-of-way. A total of 70 -feet from the centerline of County Road 77 shall be indicated on the plat as "Edge of Future Right -of -Way". The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the right-of-way. 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) 6. The plat shall delineate the approved Lighting Plan. (Department of Planning services) 7 The plat shall delineate the approved Screening Plan. (Department of Planning Services) 8. Show the approved accesses on the Plat and label with the approved access permit numbers (will be provided). (Department of Planning Services) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit two (2) paper copies or one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the plat 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 the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260. D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) RESOLUTION USR13-0023 WHITE BEAR MANAGEMENT, LLC PAGE 4 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3) month period. (Department of Planning Services) 4. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles orArcGIS Personal GeoDataBase (MDB).. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps©co.weld.co.us. (Department of Planning Services) 5. Prior to Operation: A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the start of construction. (Department of Public Works) 6. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) Motion seconded by Benjamin Hansford. VOTE: For Passage Against Passage Robert Grand Benjamin Hansford Mark Lawley Nick Berryman Jason Maxey Joyce Smock Jordan Jemiola 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 July 16, 2013. Dated the 16 of July, 2013. 06,usarit, Kristine Ranslem Secretary Digitally signed by Kristine Ranslem Date: 2013.07.19 11:36:33 -06'00' SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Polar Gas Front Range, LLC USR13-0023 A Site Specific Development Plan and Use by Special Review Permit USR13-0023 is for any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, (Propane Storage and office trailer), provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. (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. The hours of operation shall be 24 hours, 7 days a week as stated in the application. (Department of Planning Services) 4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 5. 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, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment) 6. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with the approved Waste Handling Plan, at all times. (Department of Public Health and Environment) 7 The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank Regulations (7 CCR 1101-14), as applicable. (Department of Public Health and Environment) 8. The applicant shall comply with all provisions of the Liquefied Petroleum Gas Regulations (7 ccr 1101- 15), as applicable. (Department of Public Health and Environment) 9. The facility shall be operated in a manner to prevent odors. Odors detected off site shall not equal or exceed the level of fifteen -to -one dilution threshold, as measured pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations. Additional controls shall be implemented at the request of the Weld County Department of Public Health and Environment in the event odor levels detected off site of the facility meet or exceed the level of fifteen -to -one dilution threshold, or in the judgment of the Weld County Health Officer, there exists an odor condition requiring abatement. (Department of Public Health and Environment) 10. 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) 11. This facility shall adhere to the maximum permissible noise levels allowed in the Non -specified Zone, as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 12. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. As employees or contractors are on site for less than 2 consecutive hours a day portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. (Department of Public Health and Environment) RESOLUTION USR13-0023 WHITE BEAR MANAGEMENT, LLC PAGE 6 13. All potentially hazardous chemicals must be 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) 14. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. (Department of Public Health and Environment) 15. 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 construed as, traffic control devices. (Department of Planning Services) 16. The screening on the site shall be maintained in accordance with the approved Screening Plan. (Department of Planning Services) 17. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if 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. (Department of Public Works) 18. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public Works) 19. There shall be no parking or staging of vehicles on county roads. On -site parking shall be utilized. (Department of Public Works) -020. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 2021. Buildings 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; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 2122. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. 2223. Building Permits issued on the lot will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. 2324. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 2425. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 2526. 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. 2627. The Use by 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 RESOLUTION USR13-0023 WHITE BEAR MANAGEMENT, LLC PAGE 7 Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 2728. 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. 829. 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. 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. PC n71mw'es * 43 Kim Ogle, Planning Services, stated that staff is requesting a continuance to the Augu Commission hearing to allow the applicant time to meet the mineral notice requiremen The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Motion: Continue Case USR13-0026 to the August 6, 2013 Planning Commission hearing, Moved by Benjamin Hansford, Seconded by Nick Berryman. Yes: Benjamin Hansford, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman, Robert Grand. CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: USR13-0023 WHITE BEAR MANAGEMENT, LLC CHRIS GATHMAN A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A 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 LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT. LOT C REC EXEMPT RE -4081; PART SW4 SECTION 21, T8N, R62W OF THE 6TH P.M., WELD COUNTY, COLORADO. EAST OF AND ADJACENT TO CR 77; APPROXIMATELY 500 FEET NORTH OF STATE HIGHWAY 14. Chris Gathman, Planning Services, presented Case USR13-0023, reading the recommendation and comments into the record. Mr. Gathman stated that the applicants are proposing an office trailer, one 30,000 gallon propane tank along with two 10,000 gallon propane tanks with the provision to install one additional 30,000 gallon propane tank in the future. The facility is not proposed to be manned by on site employees on a full-time basis. Mr. Gathman noted that one letter was received from a surrounding property owner citing concerns regarding safety and compatibility. Staff has attached a condition that the applicants provide a screening plan to address screening of the tanks from adjacent residences. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Jennifer Petrik, Public Works, reported on the existing traffic, access and drainage conditions and the requirements on site. Commissioner Lawley asked what the applicant is proposing for drainage on site. Ms. Petrik said that a water quality feature is required for the site. Mr. Lawley asked if it is an engineered system. Ms. Petrik said that in this case the applicant chose to have it engineered but it is not required. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control, and the Waste Handling Plan. Ms. Light stated that the applicants met Condition of Approval 1.B and recommended that Condition of Approval 1.C be deleted since it does not apply to propane tanks. Motion: Delete Condition of Approval 1.C, Moved by Robert Grand, Seconded by Benjamin Hansford. Motion passed unanimously. Mickey Leyba-Farnsworth, Permontes Group, 625 Main Street, Longmont, Colorado, stated that the applicant, Polar Gas Front Range, has purchased this property for the purpose of propane storage to supply propane to the surrounding oil and gas operations as well as some additional customers. They originally proposed one 30,000 gallon tank with an additional 30,000 gallon tank in the future; however they are requesting the installation of two 30,000 gallon tanks initially. Ms. Farnsworth clarified that there should be two 1,000 gallon storage tanks instead of two 10,000 gallon tanks. Ms. Farnsworth stated that 46/57.97? 2 the applicant plans to address screening by installing slating on the proposed chainlink fence along the west and north sections of the fence. Commissioner Maxey asked if the entire parcel will be fenced. Ms. Farnsworth stated that fence will surround only the tanks and added that there is a barbed wire fence along the road. In response to Mr. Maxey's question, there will be no security gate at the entrance point; rather it will be near the storage tanks and facility. Nathan Reed, Polar Gas, 374 Eudora, Denver, Colorado, stated that the drivers are on site for approximately 1 hour to load up and then they leave the site. The trucks are all self contained therefore they have all of their own lighting on site and try to keep the lighting contained to where they will be. Commissioner Smock asked if the trucks with lights on will be circling outside of the fenced area. Mr. Reed said that they will be circling the outside of the fence but they will be asked to shut off their clearance and head lights during night time hours. Commissioner Grand asked how tall the tanks are. Mr. Reed said that they are 9 foot in diameter and will be about 12 foot tall. He added that what will be visible from the top of the fence will be painted a green sage to blend in with the surroundings. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Anna Sanders, 44336 CR 77, stated that she is concerned that if something happens out there the fire will travel fast. She added that there is a lot of truck traffic on the road and expressed concern that her daughter rides her bike on the road to get to work and is concerned with her safety. Mr. Reed said that the facility is built and maintained according to the State of Colorado Regulations. The facility is designed so that any leaks, pull aways, or problems will be stopped immediately by an internal valve that will shut off immediately. Mr. Reed said that propane poses no environmental hazard. If it is exposed to air it will dissipate quickly. With regard to traffic, Mr. Reed said that with the growth in the oil and gas operations he said that traffic changes from year to year; however the 4 to 6 trucks daily are during their busiest times of the year. Commissioner Maxey wished to clarify lighting and asked staff how they feel about the lights on the truck. Mr. Gathman asked how visible the access point is going to be from the road. Ms. Farnsworth said that the drivers work for Polar Gas and know where the facility is and are familiar to the site. Mr. Reed said that the 1,000 gallon tanks are utilized by oilfield employees working for different heating companies. Mr. Maxey said then these drivers are not familiar to the site. In summary, Mr. Maxey stated that staff is requesting a lighting plan because of the concern with the entrance point. Mr. Gathman stated that Condition of Approvals 1.A and 1.D regarding the lighting plan are duplicated and suggested deleting Condition of Approval 1.D. Motion: Delete Condition of Approval 1.D, Moved by Nick Berryman, Seconded by Benjamin Hansford. Motion passed unanimously. The Planning Commission recommended that a light be installed at the entrance but that it be downcast and shining away from surrounding residences. Commissioner Lawley stated that since there is no cap on the amount of trucks per day, can a development standard be added that would not allow any staging on the roadway. Ms. Petrik recommended adding a Development Standard to read "There shall be no parking or staging of vehicles on county roads. On site parking shall be utilized." Motion: Add Development Standard as stated by Staff, Moved by Mark Lawley, Seconded by Robert Grand. Motion passed unanimously. 3 The Chair asked the applicant if they have read through the amended 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 USR13-0023 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 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. The Chair asked the public if there were other items of business that they would like to discuss. No one wished to speak. The Chair asked the Planning Commission members if there was any new business to discuss. Brad Yatabe, County Attorney, said in answer to why the Planning Commission is the final determination on major facilities of public utilities. He said that the Weld County Code parallels State Statute. The State Statute allows for major facilities of public utilities to go to local Planning Commissions for a decision. If a Planning Commission were to deny an application it could go back to that Utility's Board for a vote and if they decided to go ahead with it they could. In addition, Mr. Yatabe researched the oil refinery issue and said that he spoke with many people including someone at the American Petroleum Institute. The representative that he talked to said that the major regulations are under EPA. Mr. Yatabe said that the representative stated that there is only one (1) refinery in Colorado, which is in Denver. Additionally, the representative indicated that there is no plan for any more refineries to built and added that if there were to be any built it would have been done by now. Colorado has second lowest gas prices in the nation and petroleum is based on market values. He added that it is unlikely that the industry will build an oil refinery here. Meeting adjourned at 2:41 pm. Respectfully submitted, Kristine Ranslem Secretary 4 Hello