HomeMy WebLinkAbout20130580.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, February 19, 2013
ID' A regular meeting of the Weld County Planning Commission was held in the Weld County
Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to
order by Chair, Jason Maxey, at 1:30 pm.
Roll Call.
Present: Benjamin Hansford, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman,
Robert Grand.
Absent/Excused: Bill Hall, Bret Elliott.
Also Present: Kim Ogle, Diana Aungst, and Tiffane Johnson, Department of Planning Services; Don
Carroll, Jennifer Petrik, and Heidi Hansen, Department of Public Works; Lauren Light and Mary Evett,
Department of Health; Brad Yatabe, County Attorney, and Kris Ranslenl, Secretary.
Motion: Approve the February 5, 2013 Weld County Planning Commission minutes, Moved by
Robert Grand, Seconded by Joyce Smock. Motion passed unanimously.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION
LOCATION:
USR12-0078
INTERRA, LLC, C/O KEITH & CHRISTINA ROTH
DIANA AUNGST
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (CONSTRUCTION BUSINESS) 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 A REC EXEMPT RE -4275; PART SEA SECTION 32, T5N, R64W OF THE
6TH P.M., WELD COUNTY, COLORADO.
WEST AND ADJACENT TO CR 53 AND APPROXIMATELY 760 FEET NORTH
OF CR 50.
Diana Aungst, Planning Services, presented Case USR12-0078, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
Heidi Hansen, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -
site dust control, and the Waste Handling Plan.
Commissioner Maxey referred to the memo submitted from Environmental Health as well as the "Prior to
Recording the Plat Condition of Approval 5" and said that they appear to contrast Development Standard
18. Ms. Light recommended amending Condition of Approval 5 by referring to "office" rather than
"proposed facility".
Motion: Amend Condition of Approval 5 by changing "proposed facility" to "office", Moved by
Robert Grand, Seconded by Benjamin Hansford.
Motion passed unanimously.
DP Christina Roth stated that they own both Interra, LLC and Roth Enterprises, Inc. which will be
leasing the property as well. She said that they have agricultural roots and are very aware of the strong
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2013-0580
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agricultural industry. She added that they built this business which is largely supported by the agricultural
community by building pole frame buildings. In addition they do build residential and commercial
buildings; however 90% of the buildings that they build are in the rural part of Weld County and the
surrounding counties. As their business is starting to grow, it is becoming more important to find a
location for their business. They have recently purchased this property to seek the special permit for this
business. They currently have 3 full-time employees of which are not on site all day.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Ms. Roth inquired about the fees associated with the Use by Special Review Permit. Specifically,
she referred to Section 23-2-220.A.5 regarding the Road Impact Fee, Capital Expansion fee and the
Drainage Impact Fee. She said that nobody has been able to tell them which category they would fit
under for the Road Impact Fee. She added that they would like clarification on which category they would
fit in because these could be significant costs to them. Ms. Aungst stated that as they discussed this with
the applicant, the Road Impact Fee will be determined when the building permit is submitted to staff so
that staff can review the details of the building permit to determine the category of the Road Impact Fee.
Michelle Martin, Planning Services, added that the fee is based on the use of building. They can appeal
the classification of the fees to the Planning Director but to actually appeal the fee they would need to
perform an independent study.
Keith Roth argued that he doesn't understand why the size of the building determines the Road Impact
Fee instead of the number of vehicles coming and going from the site.
Ms. Hansen said that this was a decision by the Board of County Commissioners when they adopted the
new Road Impact Fees. There were multiple options to do it based on number of vehicles associated
with the site; however the County Commissioners decided to go with using the square footage of the
building and some commonly accepted numbers that go with that. She added that it was a big study that
was done and these numbers are averages associated with each category.
Tom Parko, Planning Services, explained the process of when and how the impact fees are determined
and added that at this time it is not associated with this request, nor is it in the purview of the Planning
Commission. There is an appeal process if the applicants wish to pursue it at the time of building permit
submittal.
Ms. Roth referred to the landscape/screening plan that is required. She said that most of the activity is
performed inside the building or in the back of the building. The north, west and south sides of the
property are used for livestock grazing. She indicated that they have some concerns on the type of
screening required with the pushing and rubbing on the fence.
Commissioner Maxey said that the screening is typically required and encouraged them to work with Ms.
Aungst on the type of screening. Mr. Maxey asked if there would be outdoor storage. Ms. Roth replied
that there is no outdoor storage.
Mr. Roth said that he would like clarification on the setbacks from the right-of-way. He was told 60 feet
from the center of County Road 53; however it now states 80 feet from the right-of-way at full build out.
Ms. Hansen said that it is a collector roadway; therefore an additional 10 feet of right-of-way be identified
on the plat and building setbacks would be taken from that extra feet. They would need to show the
existing 30 feet from centerline of the roadway and then an additional 10 feet as future right-of-way with a
total of 40 feet from the centerline of the road.
Mr. Roth noted the landscaping requirement. He believes water is a precious commodity and doesn't feel
that it should be put toward irrigating trees and grass and asked if there were other types of screening
available. Ms. Aungst said that they can visit with the applicants about screening alternatives.
Ms. Roth referred to Development Standard 7 and indicated that in the future they would like the option of
leasing a portion of the building out and added that they don't feel it is necessary to submit the leases to
the Planning Department when it may be businesses that they own. Ms. Aungst said that if it is part of
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the Interra, LLC they would not need a lease agreement and therefore staff would not need to review it. If
it was a third party then a lease agreement would need to be provided and staff would review it for
compliance.
Ms. Aungst recommended amending Development Standard to read "Prior to any portion of the building
being leased to another construction company in the future, the applicant shall submit a copy of the lease
agreement and information regarding the proposed use of the leased portion to the Weld County
Department of Planning Services for review. Based upon the proposed use and/or impacts of the leased
portion, the Department of Planning Services may require an amendment to the Use by Special Review
application."
Motion: Amend Development Standard 7 as stated by staff, Moved by Robert Grand, Seconded
by Nick Berryman.
Motion passed unanimously.
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.
D` Motion: Forward Case USR12-0078 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 Robert Grand, Seconded by Joyce Smock.
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:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION
LOCATION:
USR12-0073
MARK ROBERTS JR.
TIFFANE JOHNSON
A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS, (RESEARCH, REPAIRING, MANUFACTURING, FABRICATING
PROCESSING, ASSEMBLING, STORAGE AND RETAIL SALES OF TIME
LAPSE PHOTO EQUIPMENT) IN THE A (AGRICULTURAL) ZONE DISTRICT.
LOT B REC EXEMPT RE -51; PART SW4 SECTION 32, T8N, R67W OF THE
6TH P.M., WELD COUNTY, COLORADO.
NORTH OF AND ADJACENT TO CR 86 APPROXIMATELY 140 FEET EAST
OF CR 15.
I" Tiffane Johnson, Planning Services, presented Case USR12-0073, reading the recommendation
and comments into the record. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards. Ms. Johnson stated that
the applicant has met Condition of Approval 1.A.
Commissioner Maxey noted that he visited the site and provided a site field check to the County Attorney.
► Jennifer Petrik, Public Works, reported on the existing traffic, access and drainage conditions and
the requirements on site.
ID' Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -
site dust control, and the Waste Handling Plan.
Mark Roberts, 7113 CR 86, stated that he has operated a light manufacturing business for 13 years
making time lapse photo equipment. He added that it is a low impact business. The business is currently
in Fort Collins and would like to move it onto the property that he resides.
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The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
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 USR12-0073 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:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION
LOCATION:
USR12-0075
PLAINS MARKETING, LP
KIM OGLE
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
ALL SECTION 17, T2N, R63W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
EAST OF AND ADJACENT TO CR 398, APPROXIMATELY ONE MILE NORTH
OF CR 18.
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.
r` 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
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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 121h 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.
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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.
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.
it 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.
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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.
D. 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.
ID' Danny Kipp, Mayor of the Town of Keenesburg, 140 S 9th, 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.
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 1.6 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.
I` Greg Pickerel, Noble Energy, 2115 1171h 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.
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► 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
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.
I" 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.
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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.
I► 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 1.6 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
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.
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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.
Respectfully submitted,
Digitally signed by Kristine Ranslem
Date: 2013.02.21 12:00:13 -07'00'
Kristine Ranslem
Secretary
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