HomeMy WebLinkAbout20072074.tiff HEARING CERTIFICATION
DOCKET NO. 2007-61
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1614
FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING AN OIL AND
GAS STORAGE FACILITY, IN THE A(AGRICULTURAL)ZONE DISTRICT- RUSSELL
L. GURTLER, JR. FAMILY TRUST AND DORTHY K. GURTLER TRUST
A public hearing was conducted on August 8, 2007, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner William F. Garcia
Commissioner Robert D. Masden
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
Assistant County Attorney, Cyndy Giauque
Planning Department representative, Michelle Martin
Health Department representative, Char Davis
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated July 20,2007,and duly published July 25,2007,in the
Fort Lupton Press, a public hearing was conducted to consider the request of Russell L. Gurtler,
Jr. Family Trust and Dorthy K. Gurtler Trust, c/o SemCrude, L.P., Attn: Glenn Collum, c/o Tetra
Tech,Attn: Lauren Light,for a Site Specific Development Plan and Use by Special Review Permit
#1614 for a Mineral Resource Development Facility, including an Oil and Gas Storage Facility, in
the A(Agricultural)Zone District. Cyndy Giauque,Assistant County Attorney, made this a matter
of record. Michelle Martin, 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. She stated the site is located north of County Road 30 and west of County Road 49,
and is not located within a floodplain designation. She gave a brief description of the uses on
surrounding properties,and stated no letters have been received from surrounding property owners.
She stated the site does not lie within a three-mile referral area for any municipality; however, it is
located approximately three miles north of the Southeast Mixed Use Development Area. She further
stated twelve referral agencies reviewed the application,and nine provided comments which have
been addressed within the Conditions of Approval and Development Standards. Ms. Martin
displayed photographs of the site,and indicated there are no improvements currently located on the
site. She stated the application indicates four 5,000 billion barrel(bbl)tanks will be located on the
site; however, ten tanks are indicated on the submitted plat map. In response to Chair Long,
Ms.Martin clarified the application materials state one large 100,000 bbl tank and four small 5,000
bbl tanks, along with four future tanks of each of the same sizes, will be located on the site. She
further clarified two of the tanks located on the plat map have not been listed within the application
materials.
2007-2074
PL1918
an , PZ
1/24-z_ h 9_ r�7 O7
HEARING CERTIFICATION - RUSSELL L. GURTLER, JR. FAMILY TRUST AND DORTHY K.
GURTLER TRUST (USR#1614)
PAGE 2
Char Davis, Department of Public Health and Environment,stated the site will be serviced with well
water,and an application has been submitted for a permit to construct a well. She stated a septic
system will handle the effluent flow for the office facility,and the applicant is required to provide a
Dust Abatement Plan,Air Pollution Emissions Notice,and an Aboveground Storage Tank Permit.
Don Carroll,Department of Public Works,stated County Road 30 is classified as a collector status
road,which is paved,and contains 60 feet of existing right-of-way. He stated County Road 49 is a
classified as a strategic roadway,which requires 140 feet of right-of-way at full buildout, and the
Pioneer development is located southeast of the site. He further stated the average daily traffic
count for County Road 30 is approximately 400 to 700 vehicle trips per day,and the traffic count for
County Road 49 is approximately 3,000 to 4,000 vehicle trips per day. He stated the facility will
contain twelve truck bays for unloading,and the applicant has indicated approximately sixteen loads
will be unloaded per hour,therefore, he estimated more than 200 one-way trips into the facility will
occur on a daily basis. Mr. Carroll stated the applicant is required to enter into an Off-site Road
Improvements Agreement, and stormwater issues on the site are currently being addressed. He
clarified the crude product is stored within the tanks at this facility and a pipeline will connect to the
stub line to disburse the stored crude product. In response to Commissioner Rademacher,
Mr. Carroll stated most of the associated truck traffic will travel east on County Road 49 to reach
the facility; however,the access to the facility is located on County Road 30. He further stated the
intersection of County Roads 30 and 49 is a T-intersection, with a Stop sign located on County
Road 30.
Lauren Light,Tetra Tech,represented the applicant and stated the facility is located on an 80-acre
parcel, and the operations will be conducted 24 hours per day,seven days per week. She stated
the facility is monitored by satellite,and when operating at full capacity,approximately sixteen trucks
per hour will deliver crude oil to the facility. She further stated the frequency of trucks delivering at
the site will be reduced in the future when the pipeline to the facility is completed. She reiterated one
100,000 bbl storage tank and four 5,000 bbl storage tanks will be immediately constructed,and it
is possible that up to four more tanks of each size will eventually be necessary. She explained two
more tanks were placed on the plat map due to market predictions,and the applicant would prefer
to not complete the entire amendment process in order to allow two additional storage tanks.
Ms. Light stated the facility will contain twelve unloading bays and an office, and the stored crude
oil will ultimately be pumped to a refinery within the State of Oklahoma, and the 500-mile pipeline
is regulated by the federal government. She stated trucks will enter the facility on County Road 30,
which is a controlled and gated access,there will be no staging of trucks on County Road 30,and
the facility will utilize 60 acres of the 80-acre parcel. She clarified three field technicians will
frequently visit the site; however, the site is monitored by satellite and will not be manned. She
stated a well is located on the site, the septic system is currently in the design stage, and the
LaSalle Fire Protection District has approved the Fire Contingency Plan. She further stated a traffic
study has been completed and submitted to the Department of Public Works,and mulch and rock
landscaping will be completed at the entrance for aesthetics; however, the facility is unmanned,
therefore, live plant material is not feasible. In response to Commissioner Rademacher,Ms.Light
stated a chain-link security fence will surround the entire 60 acres, and the fencing will contain
controlled access points for emergency responders and oil and gas operations. Responding to
2007-2074
PL1918
HEARING CERTIFICATION - RUSSELL L. GURTLER, JR. FAMILY TRUST AND DORTHY K.
GURTLER TRUST (USR#1614)
PAGE 3
Commissioner Masden,Ms.Light stated most of the trucks which will visit this facility are currently
unloading at the Suncore facility located adjacent to U.S. Highway 85 and County Road 18.
Commissioner Masden stated he expects the amount of truck traffic utilizing U.S. Highway 85 will
be reduced through use of this facility. Ms. Light stated the overall amount of truck traffic will be
further reduced once the pipeline is completed. Responding to Commissioner Jerke, Ms. Light
stated the applicant is currently in the process of acquiring easements for the placement of the
pipeline to deliver crude oil to where the refinery is located in Cushing, Oklahoma.
Lee Faddens,surrounding property owner, stated he owns a farm southeast of the site,and he is
currently in the process of gifting the land to his daughter and son-in-law. He expressed his
concerns regarding property value,and he believes the placement of the facility will reduce the value
of his farmland by up to one million dollars. He further expressed concerns regarding truck traffic
within the immediate vicinity of the facility, especially traffic on County Road 49. He stated the
intersection of County Roads 49 and 30 needs improvements,and suggested a stoplight be placed
at the intersection. He further stated he has already been approached by a representative of the
applicant concerning placing the pipeline underneath his farm, and he expressed his concerns
regarding future development of the property. He suggested the pipeline be buried along the
right-of-way available for County Road 30 so that his property would not be affected. Mr. Faddens
expressed his concerns regarding eminent domain powers and whether the applicant can complete
the work without an agreement in place. He stated he would prefer the fencing around the site to
be opaque, to screen the tanks from view, and he would like the applicant's representative to
indicate where the tanks will be placed on the property. There being no further comments, Chair
Long closed the public potion of the hearing.
Ms. Light stated the facility will be set back from County Road 49,and will be located to the west of
the existing oil well on the site. She reiterated traffic will increase within the immediate area;
however, the results of the traffic study indicate the traffic will be dispersed from several different
directions. She explained she cannot address the issues concerning the pipeline,since the pipeline
is not a part of the application, and it will be regulated by the federal government. She stated the
fencing surrounding the site will be a chain-link security fence,and explained opaque material within
the fence will not provide full screening since the tanks will be approximately 48 feet in height. In
response to Chair Long,Ms.Light stated only the entrance to the site will be landscaped with mulch
and rocks. She further stated it is approximately 700 feet in distance from County Road 49 to where
the large tank will be located. Responding to Commissioner Masden, Ms. Light indicated the
placement of the tanks on the large map provided, marked Exhibit F, and stated the tanks will be
located approximately 200 feet north of County Road 30. In response to Commissioner Jerke,
Ms. Light reiterated additional overall truck traffic will not be created as a result of this facility;
however, the current truck traffic will be traveling to a new location. Responding to Chair Long,
Mr. Carroll stated a meeting will be held with the applicant's representatives to discuss adequate
turning radii at the entrance/exit,acceleration and deceleration lanes,and required improvements
to the roads. He reiterated the applicant will enter into a Long-Term Road Improvements Agreement
and be responsible for maintenance for specific sections of the roads, and the agreement will be
considered for approval at a later date by the Board. In response to Commissioner Jerke,
Mr.Carroll suggested the following language be added to the Resolution,"The applicant shall enter
2007-2074
PL1918
HEARING CERTIFICATION - RUSSELL L. GURTLER, JR. FAMILY TRUST AND DORTHY K.
GURTLER TRUST (USR#1614)
PAGE 4
into an Off-Site Long-Term Road Improvements and Maintenance Agreement for the necessary
improvements to County Road 30 and the intersection of County Road 49, due to the increase of
heavy truck traffic." Commissioner Jerke reiterated it is necessary to require acceleration and
deceleration lanes in order to accommodate the safety of traffic along County Road 49, and he
concurred with the language proposed by Mr.Carroll. Commissioner Rademacher concurred with
Commissioner Jerke, and stated 220 trucks trips a day is a large amount of additional traffic,
especially since County Road 49 is already a very busy road. Responding to Chair Long,Mr.Carroll
stated the necessary improvements required for County Roads 30 and 49 will be discussed with
the applicant. Commissioner Jerke stated the majority of the improvements will be required on
County Road 49;however,some widening will be required along County Road 30. Responding to
Ms. Light,Commissioner Jerke stated the traffic may be coming from various directions;however,
all the traffic is going to one location,which creates a large impact within the immediate vicinity of
the facility. Mr.Carroll suggested new Condition of Approval#1.C be added to state,"The applicant
shall enter into an Off-Site Long-Term Road Improvements and Maintenance Agreement for the
impact to County Road 30 and the intersection of County Road 49. The applicant shall install an
acceleration, deceleration, and left-turn lanes at the intersection of County Roads 49 and 30."
Mr. Carroll stated language may also be added to require a turn-lane on County Road 30, and in
response, Commissioner Jerke stated the turn-lane is not necessary on County Road 30.
Mr.Carroll clarified adequate turning radii will be required on County Road 30,and there will be no
staging or parking of trucks within the right-of-way. Chair Long reiterated adequate turning radii on
County Road 30 is necessary,and the applicant shall provide a tum-lane if the adequate radii cannot
be accomplished through other improvements.
Ms.Giauque stated there is no language within the Resolution addressing staging and parking of
trucks within the right-of-way. Mr.Carroll proposed Development Standard#20 be added to state,
"There shall be no staging or parking along County Road 30. The applicant shall utilize the on-site
parking and staging areas." In response to Commissioner Rademacher, Ms. Light reiterated the
applicant will not stage trucks along County Road 30. The Board concurred with the language
presented by Mr.Carroll. In response to Chair Long, Ms. Giauque stated eminent domain powers
are not generally utilized for the placement of pipeline. Chair Long explained questions regarding
the pipeline are hard to answer since the pipeline is not a part of the application materials for the Use
by Special Review Permit. He reiterated the County does not have jurisdiction over the placement
of the pipeline. He further stated the valuation of surrounding properties is determined by the
opportunities that are presented, and valuation is hard to determine on a future basis.
Ms.Light requested Condition of Approval#1.A.12 be deleted. She clarified the applicant will provide
landscaping at the entrance; however, landscaping cannot be maintained at the site and will not
provide sufficient screening. Ms. Martin stated due to the location of the existing surrounding
properties, staff suggests screening be provided along County Road 30,to address compatibility
concerns. She explained the commercial well permit will provide for irrigation of landscaping on the
site. In response to Chair Long, Ms. Martin requested screening be provided for the continuous
frontage along County Road 30,which will screen parking on the site and the unloading facilities.
Commissioner Jerke stated traffic will be able to see into the site unless the entire one-half mile of
frontage is screened from view. He further stated it is impossible to completely screen the property
2007-2074
PL1918
HEARING CERTIFICATION - RUSSELL L. GURTLER, JR. FAMILY TRUST AND DORTHY K.
GURTLER TRUST (USR#1614)
PAGE 5
if the tanks on the site will be up to 40 feet in height,therefore,he does not support the requirement
for screening. Commissioner Rademacher indicated he concurred with Commissioner Jerke and
stated he believes it is more important that the applicant provide a fence which entirely surrounding
the facility for security purposes. He further stated the facility will be visible from all directions,and
landscaping will not make a big impact. The Board concurred with the applicant's proposal to
provide landscaping at the entrance to the facility. Ms. Martin suggested deleting Condition of
Approval #1.A.12, and the Board concurred with the deletion.
Ms.Giauque recommended language be added as new Development Standard#19,regarding the
need for a fence to surround the facility. Commissioner Jerke clarified the fencing needs to be
required around the facilities in operation,and Commissioner Rademacher concurred. Ms.Martin
suggested Development Standard #19 be added to state, "A chain-link security fence shall be
installed and maintained around the operational portion of the facility." The Board concurred with
the proposed language for Development Standard #19. Ms. Martin reiterated the application
materials indicate eight tanks will be placed at the facility;however,the submitted map indicates ten
tanks. The Board concurred the applicant shall be allowed ten tanks. In response to Chair Long,
Ms.Light stated she,and the applicant,have reviewed,and concur with,the Conditions of Approval
and Development Standards, as modified.
Commissioner Jerke moved to approve the request of Russell L. Gurtler, Jr. Family Trust and
Dorthy K. Gurtler Trust for a Site Specific Development Plan and Use by Special Review Permit
#1614 fora Mineral Resource Development Facility, including an Oil and Gas Storage Facility, 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 entered into the
record. His motion included the deletion of Condition of Approval#1.A.12,the addition of Condition
of Approval#1.C,and Development Standards#19 and#20,and the required renumeration. The
motion was seconded by Commissioner Masden, and it carried unanimously. There being no
further discussion, the hearing was completed at 11:30 a.m.
2007-2074
PL1918
HEARING CERTIFICATION - RUSSELL L. GURTLER, JR. FAMILY TRUST AND DORTHY K.
GURTLER TRUST (USR#1614)
PAGE 6
This Certification was approved on the 13th day of August 2007.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COL RADO
ATTEST: Lte 1/4 ti ,
;� -vid E. Long, Chair
Weld County Clerk to the -� •,,� ('. "'�. /BY: k illiiaam l Je e? Pro-Tem
41
Deputy ClCleft to the Boar.
William F. Garcia
TAPE #2007-23 EXCUSED DATE OF APPROVAL
Robert D. Masden
DOCKET#2007-61 A `
ouglas ademacher
2007-2074
PL1918
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1614 - RUSSELL L. GURTLER, JR. FAMILY TRUST AND DORTHY K.
GURTLER TRUST
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 06/19/2007)
D. Clerk to the Board Notice of Hearing (Filed under Legals)
E. Planning Staff Certification and photo of sign posting
F. Applicant Oversized plat maps
G.
H.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
V.
N
C
Io L %
TIii el o
U . CI
Q,
�E ���, � k
0
o N w i k J
a H a k g4 '1
co m` N �)
IX W 0 f9 # ci
o
N •
O u) r U) U_ 1,‘:,) 1Z p v Ok
a ma Z 9 A 22 \ ri
Z LL .. N 2 co 21 ciiS � -' VO
W O OW
d7 E w 2 ° ' h
a = o . cc c9 z° ,6 Q O
co m du_
a T �� ` � -
m
F J ' co
Z ca m lEl
O W Er O
7
LL A
_
_
=
N
C C
t A-
0 act = u m 2 d' m 1L1 `) V.I i •" y
_ L
4 r, n. T - Q
4 rt 000 a IQ Z-5-: `,\ ,�` ` ?
Co # # 4t d E k o "V v^,
F- F- F- in 0 e
2 0 000 a Z � � � --�
Hello