Planning and Zoning Commission

City of Evanston Planning & Zoning Commission Board of Adjustment 1200 Main Street, Evanston, Wyoming 82930 Ph.# (307) 783-6470 Fax: (307) 783-6490 Email: djacobsen@evanstonwy.org Web: www.evanstonwy.org Planning and Zoning Commission Meeting Minutes April 13, 2015 6:00 p.m.-City Hall Commissioners Present: Chuck Straw, Chairman John Holderegger Deborah Demander Phil Peterson Georgia Harvey Amy Velasquez Mike Sellers Eric Mander Staff Present: Dennis Boal, City Attorney Paul Knopf, City Planner DuWayne Jacobsen, Associate Planner Chairman Straw called the meeting to order at 5:53 p.m. Chairman Straw asked for a motion to approve the agenda for the April 13, 2015 meeting. A motion was made by Commissioner Demander, seconded by Commissioner Holderegger. Motion carried. Chairman Straw mentioned that the minutes from the March 2nd meeting would be approved at the May 4th meeting of the Planning and Zoning Commission. With no old business to address, Chairman Straw proceeded to new business. Attorney Boal explained the legalities of the hearing stating that the applicant(s) would be heard from first, followed by those who were in favor of the applicant(s), and finally, from those who were opposed. He explained that this public hearing was a contested case hearing and that anyone who wished to contest the Commission’s decision must make it known to him at the closing of the hearing. Attorney Boal opened the hearing with CP 15-04, a request by Melissa Badertscher for a Conditional Use Permit to allow a home occupation (photography studio) that will generate business traffic for property located within a Low Density Residential- Established (LR-E) zoning district at 223 Bodine Avenue, Evanston, Wyoming. The initial application for the home occupation was not approved by the Planning Department due to a written objection from an adjacent property owner. Melissa Badertscher has requested a review of the home occupation by the Planning and Zoning Commission. (Section 24-43 A of Chapter 24, Zoning, of the Evanston City Code) Ms. Melissa Badertscher who resides at 223 Bodine Avenue was sworn in. Ms. Badertscher stated that she would like to operate an in-home photography studio at her place of residence. More particularly, she would like to give her clients the ability to choose and order pictures from her color calibrated computer in her home. She would also like to offer new born photography sessions at her house when the weather is less than ideal. The maximum number of clients that she would have is ten. Currently, she sees about 3 to 6 clients. The hours of operation would be Monday thru Friday, 9 a.m. to 5 p.m. by appointment only. There are two off-street parking spaces in the driveway or parking in front of the house available for clients. Attorney Boal asked if there was anyone in the audience who has questions for the applicant. There was a citizen present with questions. Mr. Allan and Ms. Delores Dancer who reside at 637 Herschler Ave. were sworn in. Ms. Dancer questioned the size of groups that would attend a photograph session. Ms. Badertscher stated that she would not do group photographs at her house. Group photographs would be offered only at the client’s home or other off-site location. The only photography sessions that she is offering at the home is for children. With no further questions, Attorney Boal asked if the Commissioners had any questions. Commissioner Velasquez questioned if clients would be able to make it to her house between the hours of 9 a.m. to 5 p.m., Monday thru Friday. She mentioned that most people generally work during those hours of the day. Ms. Badertscher stated that for those people who could not make it during those hours, she could arrange to meet them at their house. For clients who can make it during those hours, allowing customer traffic would make it more convenient for her. Commissioner Demander asked for clarification regarding the number of clients Ms. Badertscher would have in a month. Ms. Badertscher stated that there would be a maximum of 10 clients per month. Some months there would be fewer customers. Commissioner Harvey asked if customers could also view their proofs at home on the internet. Ms. Badertscher stated that proofs would be available on the internet for review. The final proof edits would be completed with the client at her home. With no further questions, Attorney Boal asked if there was anyone who would like to speak in favor of the application. Ms. Daron Shelton who resides at 217 Champs Ave. was sworn in. Ms. Shelton stated that High School traffic is a concern to her, but she does not have any concerns with traffic proposed for the home photography studio. With nobody else to speak in favor of the application, Attorney Boal asked if there was anyone present who would like to speak in opposition of the application. Mr. Allan Dancer who resides at 637 Herschler Avenue was sworn in. Mr. Dancer stated that he has concerns with traffic. The High School and group homes in the neighborhood both contribute to traffic challenges. He is also concerned that if the home occupation is approved, it would set a precedence and allow more businesses into the neighborhood. With no questions for Mr. Dancer, Attorney Boal asked if there was anyone who would like to speak in opposition of the application. There was no one. Attorney Boal asked if the Commission had any questions. With no further questions, Attorney Boal closed the hearing. Chairman Straw asked for a motion to approve the request. A motion to approve, with staff recommendations was made by Commissioner Holderegger, seconded by Commissioner Demander. Chairman Straw led discussion by stating that he understands the concerns that the Dancers’ have with traffic in this neighborhood. Commissioner Velasquez mentioned that she has 86 or 87 home occupations in her neighborhood. Living near Aspen Elementary, she doesn’t notice the home occupations having much of an impact on traffic. Commissioner Harvey stated that she lives across the street from Ms. Badertscher. In the past year that Ms. Badertscher has owned the home, she has not seen an increase in traffic on Bodine Avenue. With no further discussion, Chairman Straw called for the vote. Motion carried unanimously. Attorney Boal introduced the next item on the agenda, CP 15-03, a request by Wayne Heftye, representing the Evanston Energy Group, LLC, for a Conditional Use Permit to operate a modular processing facility that will process waxy crude oil into refined products. The facility will include a tank farm with above-ground storage tanks. There will be truck transport and rail car loading and unloading of product. The facility will use materials that may be considered hazardous materials as defined in the International Fire Code. The property that is proposed to be used for this processing facility is owned by the City of Evanston and is zoned Industrial Established (I-E). The property is located in the Evanston Rail Center Second Addition and includes Lots 4, 5, 6, and 7 with an address of 56, 60, 66, and 70 Rail Center, Evanston, WY. (Section 24-15 C(2) and Section 24- 15 C(17) of Chapter 24, Zoning, of the Evanston City Code) Mr. Wayne Heftye who resides at 4220 Morning Star Drive, Castle Pine, Colorado. was sworn in. Mr. Heftye stated that he would like to construct a small modular processing plant. The proposed site was previously used as a transloading facility. Mr. Heftye believes that this site would be an excellent location to bring in barrels by truck and rail from Utah, Colorado, and Wyoming to be processed into high value products. He stated that it would not be like a conventional plant that processes gasoline or diesel. They do not produce these products. They would produce solvents, paraffin, and lubricants. This business would bring in high paying jobs. Attorney Boal asked Mr. Heftye what one would see if standing next to the property. Mr. Heftye stated that one would see storage tanks. Behind the storage tanks would be two small diameter columns that would come up from the processing area. The process area would use both conventional and state-of-the-art processing. It is a closed looped system and anything that is not would go through activated carbon. Attorney Boal questioned how much noise the plant would produce. Mr. Heftye stated that the noise levels would be about the same as semi-trucks. Attorney Boal questioned how much truck traffic he anticipates. Mr. Heftye stated that at initial production of 2,500 barrels per day, there would be about 10 trucks in and out daily. When they double production, truck traffic is anticipated to be cut in half because they intend to ship the product out by rail. Attorney Boal asked Mr. Hefty to introduce others who he brought with him in case the Commission has questions. Mr. Heftye presented Don Biggs who would be the plant manager for the Evanston facility, Tom Alexander who will be the plant manager for a similar facility located in Cheyenne, and Owen Dean who will be working on this project. Attorney Boal asked if there was anyone present who had questions for the applicant. Mr. William Brobeck who resides at 100 Pleasant View, Almy, WY was sworn in. Mr. Brobeck questioned if the equipment was used. He also questioned if there would be flare stacks and odors produced from the facility. Mr. Heftye stated that they were bringing in new equipment. The proposed processing method will not use high temperatures like other plants use. Processing at a lower temperature will minimize air pollutants. The plant is proposed to operate on a closed looped system. Anything that is not within the closed looped system would be run through activated carbon to remove any odors. He would also need to comply with the permit requirements of the Wyoming Department of Environmental Quality (DEQ). Mr. Brobeck questioned how he could produce asphalt without producing any odors. Mr. Heftye mentioned that the asphalt only accounts for about 0.9% of what they’ll produce and will go into a small tank. This material would be run through a closed looped system and through activated carbon. Mr. Brobeck questioned why the crude oil couldn’t be shipped to the processing facilities in North Salt Lake City. Mr. Heftye stated that those facilities in Utah produce different products than what he is proposing to make. They make gasoline and diesel products. He is proposing to make higher grade products. Mr. Brobeck referred to the site plan layout and asked if there is an emergency response plan should an explosion occur. Mr. Heftye stated that they plan to work with Elkhorn Construction to design the facility. The facility will be engineered to the standards that are required. Mr. Brobeck questioned if the facility turns into a problem, could the City revoke its permit. Mr. Heftye noted that there will be a considerable investment of time and money spent into designing the facility. They will need to comply with the rules and conditions placed by the State of Wyoming. The facility will be designed and engineered by a world class company. Attorney Boal asked if the Commission has questions. Commissioner Holderegger asked how long have they had a permit for the Cheyenne facility and questioned why the facility is not in operation at this time. Mr. Heftye stated that they obtained the permit in 2012. He explained that finding investors to fund these type of projects takes time. Commissioner Holderegger noted that based on the letter submitted by the Evanston Fire Department, the proposal does not have full support of the Evanston Fire Department as of yet. Mr. Heftye mentioned that there will be six fire hydrants for fire suppression. Spill containment would be addressed during engineering of the site. Commissioner Peterson question if this facility would be a permanent plant. Mr. Heftye stated yes, it would be a permanent plant. Chairman Straw questioned the longevity of being able to produce the proposed products. Mr. Heftye mentioned that as long as there is oil in the Rocky Mountains, there will be a demand for his products. Chairman Straw questioned if the lease agreement with the City would address a nuisance situation. Attorney Boal stated that the lease agreement will have language to protect the City. However, things can go wrong. The City and Evanston Energy would work together to right the wrong. Mr. Heftye said that he has never had any issues with his plants and is proud of his safety record. Commissioner Mander pointed out that there are wetlands located 117 feet from the plant and Yellow Creek located 300 feet from the plant. He questioned what contingency would he have in place to prevent 160,000 barrels from entering these areas. He also questioned if the concrete area was adequate to hold 160,000 barrels of product. Mr. Heftye stated that the tanks act as primary containment of the product. Secondary containment will be with a perimeter retaining wall around the storage tank area. They will comply with State requirements for containment. Commissioner Mander questioned if there would be an eye wash station and self- breathing apparatus on site. Mr. Heftye stated that those things will be located on-site and near the appropriate locations. Commissioner Demander questioned the volatility of materials that would be on-site. She also questioned if there would be flares involved with the processing of the material. Mr. Heftye stated that the products that they have are classified as a combustible versus a flammable product. He offered an explanation between the two terms. He also stated that there would be no flares associated with the processing operation. Commissioner Harvey asked if he had read and is ok with staff recommendations. Mr. Heftye stated that he is ok with the staff recommendations. Commissioner Holderegger asked about the volatility of the crude oil that would be brought in. He asked if he was familiar with the crude oil explosion in Casselton, North Dakota. Mr. Heftye stated that the crude oil that he will be bringing to the site is a different crude oil and is not as volatile. He noted that the crude oil would be as volatile as the fuel delivered to fueling stations. Commissioner Mander asked if they could add to staff recommendations requirements to reclaim the property upon the business ceasing operations. Attorney Boal stated that the Commission does not need to address site reclamation. Reclaiming the site would be addressed in the lease agreement with the City. Commissioner Demander questioned if he has started the permit process with DEQ and asked what his timeframe is to start operations. Mr. Heftye stated that he won’t start the permit process with DEQ until local review and approval is complete. Attorney Boal noted that the City Council would meet to discuss the lease agreement at the May 5th meeting of the City Council. If the lease agreement is approved, the permit process would begin with DEQ. DEQ has up to 120 day review period. Commissioner Demander questioned how many employees would Evanston Energy have. Mr. Heftye said that there would be initially 12 employees and eventually up to 36 employees. Commissioner Holderegger asked if he had any facilities like this located within city limits. Mr. Heftye noted that all of his facilities were located in the county except for the Casa Grande, Arizona facility. With no further questions, Attorney Boal asked Mr. Overy, with the Evanston Fire Department to offer comment. Mr. Tim Overy, Captain and Code Enforcement Officer with the Evanston Fire Department and who’s mailing address is P.O. Box 640, Evanston, Wyoming, was sworn in. Mr. Overy stated that he didn’t receive information about the proposal until four days ago. He was able to contact Elkhorn Construction to obtain some additional information. The information provided is preliminary and is lacking what he needs to complete his review. Mr. Overy will need to review detailed plans before he can approve the construction of the processing plant. If the applicant is able to obtain all the necessary permits, detailed plans will be prepared and delivered at that time to Mr. Overy for review. Attorney Boal reminded the Commission that they will be deciding whether or not the proposed use is compatible at this location. It is important for the Commission to hear safety considerations of the proposed use, but ultimately the Commission will need to decide if the use is compatible within this zoned area. Paul Knopf, City Planner pointed out the list of 20 criteria located within the staff report that the Commission will use to determine land use compatibility. Attorney Boal asked if there was anyone present to speak in favor of the application. Tom Alexander, who resides at 4313 Wellington Drive, Ft. Collins, Colorado, was sworn in. Mr. Alexander added that layers of government review and changes in technology have greatly improved the way the processing industry does business. It is a much safer industry than it was years ago. Donald Biggs, who resides at 637 19th Street, Evanston, Wyoming, was sworn in. Mr. Biggs stated that the proposed processing plant would employee people in Evanston. He would be the plant manager and is in favor of the application. Attorney Boal asked if there was anyone who would like to speak in opposition. Ray Hayden, who resides at 184 Antelope Drive, Town of Bear River, Wyoming, was sworn in. Mr. Hayden questioned how the Commission could approve a Conditional Use Permit without reviewing a set of drawings to answer many of the Commissioners’ questions and questions of the Evanston Fire Department. Paul Knopf, City Planner, stated that the applicant will still need to go through a building permit review. At that time, a complete set of drawings would be required for review and approval. He also noted that the applicant hasn’t provided information on heights of structures. The Planning Commission will likely need to review a Height Exception request for some of the structures being suggested by the applicant. With no one else to speak in opposition of the application and no further questions from the Commission, Attorney Boal closed the public hearing. Commissioner Harvey made a motion to approve CP 15-03 with staff recommendations. Commissioner Mander suggested that he would also like to add to staff recommendations a requirement of the applicant to rehab the site at their cost at the end of the project. Chairman Straw noted that rehabilitation of the site would be addressed in the lease agreement with the City as indicated by Attorney Boal. Chairman Straw noted that with the motion moved and seconded and with no further discussion, he called for the vote. Motion carried unanimously.